Terms and Conditions - Host IT Smart

Policy must be agreed to, prior to purchase.

Host IT Smart Hosting does not allow pornographic material.
Host IT Smart Hosting does not allow unsolicited email and requires opt-in list managers to include at least one single action method of unsubscribing in each email. We reserve the right to limit incoming or outgoing email at any time.
Host IT Smart Hosting reserves the right to terminate your account at any time without a refund. Reasons for termination include (but are not limited to).
Abuse of the machines - either intentional or due to improper coding.
Committing or Promoting any type of illegal activity including fraud, mail bombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, "warez", "hacking"/"cracking"/"key generators".
The Services to traffic in illegal drugs, gambling and/or obscene materials.

Any display of services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any Third Party is not acceptable.

Host IT Smart Hosting reserves the right to terminate your account if at any time your site has pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, "adult content" and/or any written statement of a sexual nature.

Use of ad-servers, attempts to circumvent quota system owned by 'nobody', certain podcasting sites, use of torrent software, proxies, excessive resource usage or 'core dumping'.
Attempts to circumvent any of our security policies, procedures or systems.

Terms of Service/Usage Policy

Host IT Smart Hosting^Tm Acceptable Use Policy described below defines the actions which Host IT Smart considers to be abused and strictly prohibited.
There are no exclusions in this listing. Please, be aware that the actions listed below are also prohibited from other Internet Presence Providers (IPP's) and their users on behalf of Host IT Smart to advertise any service hosted by Host IT Smart or connected via the Host IT Smart Network.
As defined by the Federal Trade Commission Deception Policy Statement, such services are not to be advertised by way of deceptive marketing policies.
For abbreviation purposes, Host IT Smart Hosting will be referred as Host IT Smart and companies or individual account owners using our services as CUSTOMERS.

Host IT Smart Usage Policy has been formulated with the following goals in mind:

Ensure security, reliability and privacy of Host IT Smart systems and network, and the networks and systems of others.
Avoid situations that may cause Host IT Smart to incur civil liability.
Maintain the image and reputation of Host IT Smart as a responsible organization.
Preserve the value of Internet resources as a conduit for free expression.
Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services.
Preserve the privacy and security of individual users.
Below Explained is "The Acceptable Use Policy".
It defines the actions which Host IT Smart considers to be abusive, and thus, strictly prohibited.
The examples named in this list are non-exclusive, and are provided solely for guidance to Host IT Smart customers. If you are unsure whether any contemplated use or action is permitted, please send mail to info@hostitsmart.com and we will assist you. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by Host IT Smart, or connected via the Host IT Smart network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement.

Unlimited Disk Space and Bandwidth

While Host IT Smart does not meter disk space & bandwidth, using a hosting account primarily for online file storage or archiving electronic files is prohibited as the sole purpose of a Host IT Smart hosting account is to host web sites.
Host IT Smart Personal & Business Class hosting are shared hosting environments, so to ensure fast & reliable service to all of our clients, accounts that adversely affect server or network performance must correct these issues or will be asked to upgrade to a virtual or dedicated server.

Student Web Hosting

Discounts for students, educators and school administration are available for new customers only. Any customer who purchases through our Education Program is eligible to renew their hosting for one additional term at the same price. After that, renewals will occur at the standard fee for that package. Domain names are not included with any Education Program package but may be purchased separately.
Proof of enrollment or employment at an educational institution is required in order to purchase through Host IT Smart Hosting's Education Program. An educational institution is defined as a primary school, middle school, high school, junior college, college or university. For profit educational institutions and tutoring services are not included in this offer. A complimentary shared (Power package) web hosting account may be provided to teachers, professors or administrators on an as needed basis for evaluation. We reserve the right to revoke or cancel complimentary accounts at any time.
Customers may not use Host IT Smart's network as to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy.
Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.
Customers will be held liable for incorrect setting of net masks, routes, or any other network configuration or programming issue which causes unnecessary broadcast or multi-cast traffic on our network, or denial of service, deliberate or not, caused by forging ARP queries or replies or by configuring IPs into their machine which were not assigned to their server. Any of these actions may result in disconnection of the server at fault from the network and/or correction of the fault at the customer's risk and expense. Any loss of functionality caused by the attempted correction of the problem will be the customer's responsibility to solve. If the malignity of the problem is deemed by Host IT Smart Hosting to not warrant such drastic action, the customer will be contacted via the ticketing system to correct the problem himself. Customers are responsible for maintaining their contact information in the ticketing system such that the email address is always reachable even in the event of their Host IT Smart Hosting servers being shut down.
If your server is the initiator or target of a denial of service attack that adversely affects our/somebody else network, we will terminate your account without warning and you will be held responsible for any charges that may result from this action.
Activities that attract denial of service attacks are expressly prohibited. Customers involved in these activities will be terminated as soon as we are aware of them. These activities include, but are not limited to: selling shell accounts, and involvement with IRC of any kind. This prohibition is for the protection of our customer base as a whole; these kinds of services tend to attract attacks that have the potential to degrade service for all of our customers.
Host IT Smart will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security Host IT Smart will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security.

Mandatory Security Updates

From time-to-time, we notify our clients of any exploit we deem potentially catastrophic. For an exploit to be considered catastrophic, it must be attacking widely deployed applications that are in use on a majority of servers. For example, but not limited to, software related to DNS, APACHE, and SENDMAIL.
The security notification will be sent via our customer subscribed mailing list, with a subject line of "Mandatory Security Update". It will provide a synopsis of the exploit, what is effected, and probable repercussions associated with failure to update. In addition, the email will provide a link for customers to download updated software or fixes, or patches, and directions on installing it. Customers are responsible for following the instructions in all “Mandatory Security Update" within 24 hours from their release.
To ensure the security of the clients' servers and to maintain our network integrity, if 24 hours past notification the software at issue has not been updated or patched, Host IT Smart Hosting reserves the right to apply all necessary updates, fix any other obvious security holes we may find, and bill the customer's account at the applicable hourly support rate without further notice or customer approval.

Server Interface

The Host IT Smart Hosting Web Interface and Control Panel are proprietary software, a single Perl script at /usr/local/sbin/interface. Although we do not protect the software with compilation nor with encryption, it is protected under copyright and trade secret laws and is not to be modified nor distributed in any fashion unless authorized in writing by Host IT Smart Hosting. Under no circumstances will we allow changes to the Copyright notice and/or disclaimers on version 2 of the interface (revisions 1.110 and above), since the "Server Interface" Trade Name and logo are already protecting resellers from references to Host IT Smart Hosting.
Requests for modification, including translating into other languages, addition of links or advertising, changes to menus, or customer-specific options, must be sent to tech@hostitsmart.com and are subject to an approval process by all departments. In general, the only changes approved are those of a general nature, representing an increase in functionality for all customers. Changes for a single customer which would cause more than one concurrent version of the software will not be considered.
Changes which are approved will be done on a prioritized basis by Host IT Smart Hosting technical staff. Expedited processing of a change order can be paid for by a customer, but the changes remain property of Host IT Smart Hosting and may be given to other customers.

Customer Spamming Policy

Host IT Smart Hosting has zero tolerance for spam originating from our customers, or from our customers' customers, or for spam advertising web sites of our customers or our customers' customers.

The Policy

You refers to the Host IT Smart Hosting Customer; we refers to Host IT Smart Hosting.
Host IT Smart Hosting has the right to charge C$475 per complaint to investigate.
Host IT Smart Hosting does not deal with your customers or their customers etc.; we hold our customers responsible for dealing with spam from or about their section of the network. Host IT Smart Hosting customers are responsible for ensuring that they, their customers, and their respective agents and contractors abide by this policy. Host IT Smart Hosting's customers will be held responsible for all traffic either sent via their connection to Host IT Smart Hosting or sent elsewhere using support services provided via their connection to Host IT Smart Hosting. "Support services" includes DNS, hosting websites, electronic mailboxes, IRC servers, sale of spamming software or other similar services. Customers are also responsible for ensuring that they do not advertise or promote themselves through UBE/UCE.
If we get a first complaint, we will forward it to you. If we don't receive a response indicating the complete resolution of the complaint within 24 hours, we may drop the section of IP space involved in the spam complaint until we are convinced that the problem is resolved. In particular, we are concerned with spam that not only originates from your network, but also that advertises sites hosted on your network.
If we get repeat complaints and it is clear that the problem has not been resolved, we may blackhole the section of IP space involved in the spam complaint until we are convinced that the problem is resolved. If so, we will contact you as soon as is feasible.
We reserve the right, to drop the section of IP space involved in spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

What does this mean to me?

You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
You must educate your customers about spam so that it does not become a problem for you, or for us. If you sell accounts on your system(s), you must provide an Acceptable Use Policy (AUP) at least as restrictive as our own.
You must promptly investigate and deal with any spam or other abuse complaints forwarded to you.
If your server hosts any mailing lists, they must all be true opt-in lists, which mean that, before sending any commercial email, a confirmation email, preferably with a tracking number, is sent to the new subscriber, to which they must respond. If they do not respond to the confirmation email, they must not be considered to have opted in. You should keep these confirmations on file or in a database so that when complaints come in, you can prove the subscriber actually opted in. You must in addition provide at least one easy way to opt-out: see the MAPS guidelines for details.
If your server is used to send any email at all, it must also be configured to support RFC 1123 section 5.2; in particular it must accept mail for 'postmaster' and must accept bounces (which have a FROM address of <>).

Why this Policy?

We at Host IT Smart Hosting feel strongly that the usability of the Internet is dependent on the elimination of UCE (Unsolicited Commercial E-mail) from the mailboxes and newsgroups of both casual and heavy Internet users. If you host web sites, you must be particularly vigilant, as you and your other customers could be disconnected from the Internet due to one customer's spamming.

Backups and Data Loss

The use of any HostITSmart Services is at the owner's risk. We at HostITSmart do not keep backup of dedicated services or the Services bought from us. The Company is not responsible for backup and it is expected from you to maintain backups. For any files and/or data residing on your account, the Company is not responsible for the same. Every type of backup and files or data saved on the Company’s resources, the customer agrees to take full responsibility for all files and data transferred and maintain the same.

Bandwidth Changes

Higher levels of traffic will incur overcharges on a monthly basis. However, the rates for bandwidth usage are lower for Host IT Smart than for any other services we offer. Host IT Smart provides full access to web reports for network traffic monitoring and reporting. Host IT Smart also provides graphs that show customers' monthly usage, which is the average rate, and reflects the amount of bandwidth transferred during the month. The bandwidth charges reflect the average monthly bandwidth in Kilobits per second (Kbps) and in Gb/month. These charges reflect our expenses in network maintenance, upgrades, backbone port charges, leased line loops, and equipment.

IP Policy

ARIN (the American Registry for Internet Numbers) is becoming very stringent with IP addresses, and refuses to grant them without a strict accounting of use of existing IP's; we must therefore require periodic updates of IP address use. The way we will implement this, for now, is for customers who need more IP addresses to send a blank email to reverse@hostitsmart.com to get detailed instructions via auto responder.
Any IP numbers which remain unused after a 30-day period, according to our periodic 'ping' testing, will be subject to reassignment by Host IT Smart Hosting. No prior notice will be given, but we will email you at your current contact address to inform you that we have taken back the IP numbers. You can of course request more when you are ready to use them. And, as stipulated elsewhere, any work incurred in reclaiming unused IP numbers which have been registered as name servers will be billed at our current administrative services rates.
While we will allocate our customers an "unlimited" number of IP addresses, our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Host IT Smart Hosting may assign its customers IP (Internet Protocol) addresses on a temporary basis or for the life of the contract. Customer agrees that IP addresses are not portable, and acknowledges that IP addresses are the sole property of Host IT Smart Hosting and are assigned as part of the services. Furthermore, client acknowledges that use of IP addresses not allocated by Host IT Smart Hosting to customer or users is expressively prohibited and will incur a penalty fee.
This fee would be calculated on a standard engineers hourly rate fee of C$140 separate from any other service or incident fees prepaid by customer. At the conclusion of Customer's contract, Customer is required to provide a copy of an Authorized domain registrar (i.e. Network Solutions) records, showing that Customer's hostname servers no longer claim the use of our IP addressed we have provided to customer. This document must be delivered to Host IT Smart Hosting within 10 days after the effective contract termination date.

General Conduct

Customers are prohibited from transmitting on or through any of Host IT Smart's services, any material that is, in Host IT Smart's sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
Host IT Smart's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States 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 any other statute. Host IT Smart's reserves the right to remove such illegal material from its servers.
The customer is responsible for keeping his billing data with HOSTITSMART up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
The resale of Host IT Smart's products and services is not permitted, unless specifically permitted and documented in a written agreement.
Important IP Disclosure: Host IT Smart Hosting may assign customer a reasonable amount of IP addresses (Internet Protocol) on a temporary basis or for the life of the contract. Client agrees that IP addresses are not portable and acknowledges that IP addresses are the sole property of Host IT Smart Hosting and are assigned as part of the services. Furthermore, client acknowledges that use of IP addresses not allocated by Host IT Smart Hosting to customer or users is expressively prohibited and will incur a penalty fee.This fee would be calculated on a standard engineers hourly rate fee of Rs. 7500 separate from any other service or incident fees prepaid by customer.
Facilitating a violation of this AUP: Software, services, programs, activities, and advertisements that promote, enable, or facilitate any activity that is prohibited within this document, including spam, denial of service attacks, compromise of other systems or attempts to compromise other systems are ALL considered to be violations of this AUP.
To insure the quality of service of our shared hosting clients, Host IT Smart Hosting reserves the right to migrate high resource utilizing clients to servers which may, or may not, incorporate stated 'business class hardware'.

Domain Name Dispute & Copyright Claims Policy

Host IT Smart HOSTING, INC. ("Host IT Smart") supports the protection of intellectual property. Therefore, we have established the following policies regarding copyright infringement claims.

Domain name Dispute Claims

Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes. Please see http://www.icann.org/udrp/udrp.htm.

Copyright Infringement Claims

Please note that our Legal Department (and not our Abuse Department) handles all complaints regarding potential violations of trademarks, copyrights and other intellectual property rights - please do NOT direct these complaints to our Abuse Department - doing so may delay or prevent our response to your complaint.

To notify Host IT Smart that there has been a copyright or trademark violation, download and review our procedures for filing a complaint under the Digital Millennium Copyright Act and follow the instructions regarding Notice and Procedure for Making Claims of Copyright Infringement.
If you are responding to a complaint of infringement, download and review our procedures for filing a Counter Notification. and follow the instructions regarding Counter Notification.

Payment:

The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew.
ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE HOSTITSMART HOSTING, INC TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
- This Agreement may be terminated:
- By giving HOSTITSMART HOSTING, INC. thirty (30) days prior written notice,
- By HOSTITSMART HOSTING, INC. in the event of nonpayment by Customer,
By HOSTITSMART HOSTING, INC., at any time, without notice, if, in HOSTITSMART HOSTING, INC.'s sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of this Agreement and related agreements, AUP, or Customer's use of the Services disrupts or, in HOSTITSMART HOSTING, INC.'s sole and absolute discretion and/or judgment, could disrupt, Host IT Smart HOSTING, INC.'s business operations.

Cancellation:

Host IT Smart reserves the right to cancel service(s) at any time. All fees paid in advance of cancellation will be pro-rated and refunded by Host IT Smart to customer if Host IT Smart initiates its right of cancellation and customer is NOT in violation of these Terms and Conditions. If cancellation is caused by customers and/or its client's breach of the Terms and conditions, then customer agrees that no refund is due. Customer understands that service(s) can be canceled at any time effective the end of the contract.
Due to protection concerns, all account cancellations must be done via our official electronic cancellation form. Notifications of cancellation must be made 30 days prior to successive rebill period. Host IT Smart Hosting reserves the right to deny, forfeit, or refuse refunds at any time if necessary. Third party cancellations are not accepted.
Upon termination, either by Host IT Smart Hosting or Customer, for any reason, Customer is responsible for deleting his/her host registrations from domain registrar(s) immediately. Customer further agrees to pay Host IT Smart Hosting all reasonable administrative costs if Host IT Smart Hosting must intervene in deregistering the hosts.
Any invoice that is outstanding may result in the suspension or termination of Services without suspension/termination notice. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, we may suspend or terminate your account and pursue the collection costs incurred by the Company, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. We will not activate orders or activate packages for customers who have an outstanding balance on their account.

Disclaimer:

Host IT Smart is not responsible for any damages your business may suffer.
Host IT Smart does not make implied or written warranties for any of our services.
Host IT Smart 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 Host IT Smart.
The Customer will not use its network nor space provided by Host IT Smart to violate any law. In the event Customer violates existing law, Host IT Smart shall have the right to terminate all service set forth in this Agreement. In the event Host IT Smart is informed by government authorities of inappropriate or illegal use of Host IT Smart facilities or other networks accessed through Host IT Smart, Host IT Smart may terminate customer's service.
Host IT Smart will cooperate fully with investigations of violation of systems or network security at other sites.
Host IT Smart will cooperate with law enforcement authorities in the investigation of possible criminal violations.
Customers, who violate systems and/or network security, may incur in criminal or civil liability.
Host IT Smart reserves the right to amend its policies at any time. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

If you have any questions concerning the above stated terms and conditions then please Contact Us.

Terms Of Services