Terms of Service
SmartSeoHosting.de agrees to provide services to the Subscriber, subject to the following Terms of Service. Use of SmartSeoHosting.de's service constitutes acceptance and agreement to SmartSeoHosting.de's Terms of Service. SmartSeoHosting.de reserves the right to modify the Terms of Service without notice.
Use of Services
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the law. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify SmartSeoHosting.de of any unauthorized use of your account or any other breach of security. SmartSeoHosting.de will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using SmartSeoHosting.de. You will not engage in any activity that interferes with or disrupts SmartSeoHosting.de's services or networks connected to SmartSeoHosting.de.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that SmartSeoHosting.de will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources
Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
Spam and Unsolicited Bulk Email (UBE)
SmartSeoHosting.de has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of SmartSeoHosting.de whether or not the message actually originated from our network.
SmartSeoHosting.de's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
Access to Other Computers or Networks without Authorization
Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures. SmartSeoHosting.de and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Australia or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. SmartSeoHosting.de's services may not be used to facilitate infringement of these laws in any way. Installing IRC servers or IRC bots are prohibited. Using the servers for Streaming media needs a separate acceptance agreement by SmartSeoHosting.de and generally is prohibited.
Other Activities viewed as Illegal or Harmful
Engaging in illegal activities or engaging in activities harmful to the operations of SmartSeoHosting.de or SmartSeoHosting.de's customers. Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
Invoicing and Payment
You agree that SmartSeoHosting.de or other payment processing companies shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that are past due. Accounts that are not collectable by SmartSeoHosting.de may be turned over to an outside collection agency for collection. Subscriber is aware that SmartSeoHosting.de may prospectively change the specified rates and charges from time to time without notice. SmartSeoHosting.de is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by SmartSeoHosting.de. Currency exchange settlements will be based on agreements between you and the provider of your credit card. All sales are final.
SmartSeoHosting.de, provides technical support during business hours to our subscribers via our Support Ticket system. The following are our guidelines when providing support: SmartSeoHosting.de provides support related to your SmartSeoHosting.de virtual server physically functioning.
Our hosting plans are unmanaged.
You have free support tickets for level 1 supports which covers issues affecting the node, hardware and network that the service is hosted on, as well as any other issue beyond the control of the client. You can also obtain extra support plans for anything that is not covered by free support plan.
The following forms of content are not allowed on our networks:
- Any form of illegal content
- Websites advertising pyramid schemes
- Any forms of phishing
- Websites providing legal advice or are related to businesses providing legal services.
- Any website that could jeopardise SEO ranking of our other clients
- Any copyrighted materials used without the permission of the copyright holder
This list may change without any further notice and SmartSeoHosting.de keeps the right to reject any business or customer.
Account Cancellation or Suspension
SmartSeoHosting.de reserves the right to suspend network access to any customer if, in the judgment of the SmartSeoHosting.de network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which SmartSeoHosting.de chooses. SmartSeoHosting.de will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. SmartSeoHosting.de reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. The service will be canceled if we determine that it is outside our fare usage policy. You may cancel the service at any time. Accounts are canceled immediately after confirmation. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges and we do not provide any refund for any type of cancellations.
All resource allocations including but not limited to unlimited offers are provided within the boundaries of fair usage. Fair usage is determined solely based on the judgment of the SmartSeoHosting.de network administrators.
All domains data is stored on RAID-1 SSD drives and each byte is automatically stored on 2 mirrored SSD harddrives. All files and mysql data is backedup daily, weekly and monthly. The backup files are stored on separate hardwares. Backup restoration in case of server failure is provided without charge. Free backup does not covere email backup. Australian packages do not have offoff server backup and are on RAID-1.
If SmartSeoHosting.de assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to SmartSeoHosting.de, and Customer shall have no right to use that Internet Protocol address except as permitted by SmartSeoHosting.de in its sole discretion in connection with the Services, during the term of this Agreement. Our allocation of IP addresses is limited by ARIN's policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.
Limitation of Liability
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of SmartSeoHosting.de and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that SmartSeoHosting.de shall not be liable for any damages arising from such causes beyond the direct and exclusive control of SmartSeoHosting.de. Subscriber further acknowledges that SmartSeoHosting.de's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall SmartSeoHosting.de be liable for any special or consequential damages, loss or injury. SmartSeoHosting.de is not responsible for any damages your business may suffer. SmartSeoHosting.de does not make implied or written warranties for any of our services. SmartSeoHosting.de 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 SmartSeoHosting.de.
You acknowledge that you have no right, title or interest in the IP address allocated to you, and that any IP address allocated to you is allocated as part of the services and is not portable or otherwise transferable by you in any manner whatsoever. If an IP address is renumbered or reallocated by the Supplier, the Supplier shall use his reasonable endeavours to avoid any disruption to you. You agree that you will have no right, title or interest to the IP address upon termination of this agreement, and that the acquisition by you of a new IP address for your Website following termination of this agreement shall be your exclusive responsibility.
Disclosure to Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that SmartSeoHosting.de may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, SmartSeoHosting.de shall have the right to terminate all service set forth in this Agreement.
You agree that your use of SmartSeoHosting.de shall be at your sole risk. All services provided by SmartSeoHosting.de are available as is, without warranty.
SmartSeoHosting.de wishes to emphasize that in agreeing to the SmartSeoHosting.de Terms of Service, customer indemnifies SmartSeoHosting.de for any violation of the Terms of Service that results in loss to SmartSeoHosting.de or the bringing of any claim against SmartSeoHosting.de by any third-party. This means that if SmartSeoHosting.de is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against SmartSeoHosting.de, plus all costs and reasonable attorney's fees.
You agree that SmartSeoHosting.de may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on SmartSeoHosting.de services.
The Terms of Service (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and SmartSeoHosting.de and govern your use of SmartSeoHosting.de services, superseding any prior agreements between you and SmartSeoHosting.de for the use of SmartSeoHosting.de services.
Choice of Law and Forum
The Terms of Service and the relationship between you and SmartSeoHosting.de shall be governed by the laws of the State of Victoria - Australia without regard to its conflict of law provisions. You and SmartSeoHosting.de agree to submit to the personal and exclusive jurisdiction of the courts located within the Melbourne, Victoria, Australia.
Waiver and Severability of Terms
The failure of SmartSeoHosting.de to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of SmartSeoHosting.de services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.