Terms Of Service
Customers of SmileServe hereby accept the terms of service set out below.
If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith.
On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.
SmileServe is not responsible for any damages your business may suffer. SmileServe does not make implied or written warranties for any of our services. SmileServe denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by SmileServe..
Affiliates may not mask, hide or modify the affiliate link. It must be used as displayed in the client area.
You may not spam or advertise in areas or sections of websites that breach the rules of the displaying site. Doing so will result in the link being reported.
Reccuring 20% of all payments received by us..
The affiliate system may not be used to receive a discount on packages ordered for yourself. Any credit or earnings we deem to be suspecious will be removed without warning and not re-added.
Affiliate funds are paid out after a 60 day holding period to combat fraud and to allow for our money back period.
If you are unhappy with any aspect of our service, please contact our support department who will attempt to rectify the situation. If the problem cannot be fixed and you are unhappy with the service you are entitled to a refund within 30 days. There are no refunds past the 30 day period.
Refunds are not available for .COM, .NET, .ORG or any other domain names, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by SmileServe through other companies. Additionally we cannot refund orders which require us to purchase hardware or software licenses in order to fullfil them such as Dedicated Servers.
No refunds will be made if we terminate your services due to violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.
Threats and abuse to staff will not be tolerated and will result in the termination of all your services, closure of your client account, protective measures such as IP Address blocking and no refunds.
Credit on your account cannot be refunded and must be used for purchases and renewals.
Any funds sent to SmileServe which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.
If your service drops below 99.999% uptime in any given month you will be credited with one free month. This must be claimed within 7 days of our monitoring dropping below this level.
Any planned maintenance work is except from this guarantee and will be ignored.
Uptime level is calculated by our monitors only.
Downtime occuring due to natural disasters or DDoS attacks against the network do not count towards the SLA calculations.
Delivery of Services
Immediately upon successful payment you will receive an automated receipt from our systems. Please print an retain a copy of this and retain in a safe place for future reference.
Your unique customer username will be on this receipt and should be used for any enquires to SmileServe. SmileServe reserves the right in the case of Dedicated Server orders to provide alternative servers of the same or higher specification should what was originally ordered not be in stock at no additional cost to the client.
All orders are delivered electronically via email, If you have any questions about your order please contact us at email@example.com.
In some rare instances Dedicated Server orders may take longer than the stated timeframe to setup. In such cases we will provide appropriate compensation. IP Address allocations larger than /27 may take additional time to setup.
These Terms of Service and Acceptable Use Policies (“Terms and Policies”) are an essential part of your relationship with SmileServe. By using your SmileServe account, you agree to all of the Terms and Policies set out in this document.
General Terms and Policies
The Service is provided to authorised persons or organisations (referred to in this document as “Subscriber” or “you”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
Coverage – If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.
Prices and Charges – SmileServe provides the use of cPanel to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you. SmileServe reserves the right to modify pricing for both new and existing clients at any time without prior notification.
Backups – SmileServe carry’s out 1 backup per day and holds them for 30 days, these backups are strictly for our own use in-case of a server failure. However you may also request that we restore files. This is not meant as a replacement for keeping your own backups and we are in no way responsible for the integrity of these backups.
Migrations – SmileServe will migrate up to 30 hosting accounts free of charge, additional accounts will be billed at $2 each.
Grounds for Suspension and Termination
You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for SmileServe to suspend or terminate your account. You agree that SmileServe has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following
* Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
* Legal adult content is permitted.
* Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of $50 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
* Using your hosting as a file or image hosting service.
* Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
* Using your account as a backup service. All files must be part of your website and must be linked to from your account.
* Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location. This includes the hosting of Proxy Server applications and scripts.
* Uploading, linking to or storing warez, cracks or other pirated software.
* Assisting in or directly distributing copyrighted material.
* Excessively using the Service in such a way as to limit the bandwidth/memory/CPU resources available to other users.
* Providing fake or incomplete contact details, including name, postal address and telephone number.
* Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
* Using the Service for unauthorised relays through any third party systems.
* Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
* Opening a PayPal dispute will result in the cancellation of your service(s) and closure of your client account(s).
* Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
* Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s).
* Attempting to cancel, supersede, or otherwise interfere with email other than your own.
* Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
* Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
* Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent payment information.
* No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, SmileServe may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
* Security – You agree not to access or attempt to access private areas of the Service. You agree to notify SmileServe as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
* Intellectual Property – SmileServe does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to firstname.lastname@example.org.
* Continuing a specific identification of the allegedly infringing material and the location(s) on SmileServe’s facilities where the materials are to be found. Upon receipt of such written notice, SmileServe will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If SmileServe receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, SmileServe will send you a copy of that notification. Unless you notify SmileServe of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.* Invoices overdue for 5 days will result in service suspension.* Invoices overdue for 10 days will result in service termination.
* Liability – You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by SmileServe, neither SmileServe nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. SmileServe neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that SmileServe is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on SmileServe equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless SmileServe and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
* You agree to be liable for any damages or loss of service which results in damages to SmileServe as a result of any spamming or other violations detailed above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that SmileServe may pursue any such claims against you in Court.
* You agree that in no event will SmileServe have financial liability to you.
* Warranty – SMILESERVE MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD SMILESERVE ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY SMILESERVE OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
* THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY SMILESERVE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS;SMILESERVE DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. SMILESERVE DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
Examples of content that may not be hosted include:
High-Yield Interest Programs (HYIP)
Mail Bombers/Spam Scripts
Image Hosting Scripts
Prime Bank Programs
Banner Ad services
User may not:
Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers
You may create your own backup of your account from your control panel however these may only be stored for up to 7 days. Please download archives to a local source and remove them from your account.
You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. SmileServe has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting/removing access (specifically including the access of minors) to any material you may find objectionable or in violation of the terms detailed above.
SmileServe will not provide names, addresses, telephone numbers, email addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the Service. SmileServe may provide aggregate data on Subscribers to third parties in the operation of SmileServe’s business.
These Terms and Policies are governed in all respects under English laws.
Cancellation requests must be submitted through the client area. To do this, click the icon next to the package you wish to cancel then press ‘Request Cancellation’. You must then complete and submit the form.
Choosing an immediate cancellation means your service will be terminated within 24 hours of submitting the form.
It is your responsibility to ensure any PayPal subscriptions you have setup are cancelled.
No other forms of cancellation are accepted.