Terms Of Service

SmartHostUSA.com and Hospitality Networks, Inc. (WE) shall provide its Services to You (Customer) under the Terms and Conditions of this Customer Agreement. The Agreement is intended to protect both the integrity and liability of SmartHostUSA.com and the Customer. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.

You understand and agree that the Service is provided "AS-IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any Customer communications or customer personalized settings.

SmartHostUSA HOSTING SERVICES

1. BANDWIDTH. Each hosting plan include prepaid bandwidth. Additional bandwidth is available. Contact us for more information. This bandwidth must be prepaid before using or otherwise the account will be suspended due overbandwidth usage.
2. DOMAINS HOSTED. SmartHostUSA hosting plans include domain hosting. Each hosting plan has a limit of the domains hosted.
3. DISK SPACE. Additional disk space is available. Contact us for more information.
4. IP ADDRESS. SmartHostUSA hosting accounts are on a shared hosting platform and do not include an IP address.
5. Unlimited MYSQL DATABASES is/are included in all hosting plans.


NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the SmartHostUSA Services, you will not use the SmartHostUSA Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any SmartHostUSA Services, other accounts, computer systems or networks connected to any SmartHostUSA Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SmartHostUSA Services.

SmartHostUSA reserves the right at all times to disclose any information as SmartHostUSA deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SmartHostUSA sole discretion.

THIRD PARTY
Any dealings with third parties (including advertisers) included within the SmartHostUSA  Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party.  SmartHostUSA shall not be responsible or liable for any part of any such dealings or promotions.

TERMINATION
You agree that SmartHostUSA, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.

YOUR RESPONSIBILITIES

You are solely responsible for the content of your messages. Using the SmartHostUSA Service in connection with pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.

In consideration of your use of the Service, you agree to:

1. Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form.
2. Maintain and promptly inform us to update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SmartHostUSA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SmartHostUSA has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to:
- immediately notify SmartHostUSA of any unauthorized use of your password or account or any other breach of security
- ensure that you exit from your account at the end of each session.
SmartHostUSA cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
4. SmartHostUSA cannot and will be liable for any website loss or damage. Please keep the backup of your site(s) on your computer and CD.
5. Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
6. Customer agrees not to publish on or over its account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
7. SmartHostUSA does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:
- infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy;
- violate any law, statute, ordinance or regulation;
- are defamatory, trade libelous, threatening, unlawfully harassing, abusive, or obscene, including child pornography, and/or pornography of an incestuous nature ;
- contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- contain Pirated or Hacking / Phreaking Software (Warez)- Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction;

SPAMMING IS PROHIBITED
We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
- the bulk sending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients
- the sending of junk mail
- the use of distribution lists that include people who have not given specific permission to be included in such distribution process
- posting commercial ads to USENET newsgroups that do not permit it
- posting articles containing binary encoded data to a non-binary newsgroups
- excessive and repeated posting off-topic messages to newsgroups
- excessive and repeated cross-posting
- e-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive
- the e-mailing of age- inappropriate communications or content to anyone under the age of 18.

COPYRIGHTS
Copyrighted material must not be placed on Customer's account without the permission of the owner(s) or person(s) they specifically authorize. Only the owner(s) or such authorized person(s) may upload copyrighted material to the account.

Upon our receipt of legal notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will have no liability to any Customer of the Services for the removal of any such material.

Please report any violations of the Terms of Service to support@SmartHostUSA.com

SmartHostUSA Copyright © 2005 Hospitality Networks, Inc - All Rights Reserved.