The rules and guidelines for using our services
Welcome to Smarter Webhosting. By accessing or using our services, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional terms and conditions that may apply to specific services. If you do not agree with any of these terms, you are prohibited from using or accessing our services.
Smarter Webhosting provides web hosting and related services as described on our website. We reserve the right to modify, suspend, or discontinue any part of our services at any time without prior notice.
To access certain features of our services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
You agree to use our services only for lawful purposes and in accordance with these Terms. You are prohibited from using our services:
Additionally, you agree not to:
Our services allow you to store, process, and transmit content. You retain ownership of any intellectual property rights that you hold in that content. By uploading content to our services, you grant Smarter Webhosting a worldwide, royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content for the limited purpose of operating, promoting, and improving our services.
You are solely responsible for the content that you upload, post, email, transmit, or otherwise make available via our services. Smarter Webhosting does not control the content posted via our services and, as such, does not guarantee the accuracy, integrity, or quality of such content.
You agree to pay all fees and charges associated with your account on a timely basis and according to the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You are responsible for paying all applicable taxes associated with your use of our services.
Unless otherwise specified, all fees are quoted in U.S. Dollars. You are responsible for providing accurate billing and contact information to Smarter Webhosting.
If you fail to pay the fees owed to Smarter Webhosting when due, Smarter Webhosting may suspend or terminate your access to the services. You agree that Smarter Webhosting shall not be liable to you or to any third party for any suspension or termination of your access to the services.
You may cancel your account at any time by contacting customer support. Upon cancellation, your right to use our services will immediately cease.
We may terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use our services will immediately cease.
Our refund policy is outlined in our Refund Policy document. Please review this document for details on when and how refunds are processed.
The Smarter Webhosting website, its original content, features, and functionality are owned by Smarter Webhosting and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Our services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Smarter Webhosting does not warrant that our services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We do not warrant that our services or the server that makes them available are free of viruses or other harmful components.
In no event shall Smarter Webhosting, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use our services; (ii) any conduct or content of any third party on our services; (iii) any content obtained from our services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
You agree to defend, indemnify, and hold harmless Smarter Webhosting, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our services.
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page and updating the "last updated" date at the top of these Terms.
By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using our services.
If you have any questions about these Terms, please contact us.