Terms of Services
Revision date: April 26, 2011
All services provided by Thinksmart Hosting ("Thinksmart Hosting") may
be used for lawful purposes only. Transmission, storage or presentation
of any information, data or material in violation of any United States
federal, state or city law is prohibited. This includes, but is not limited
to: copyrighted material, material we judge to be threatening or obscene,
or material protected by trade secret and other statute. The subscriber
agrees to indemnify and hold harmless Thinksmart Hosting from any claims resulting
from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Thinksmart Hosting' servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
pirated software
hacker programs or archives
Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL
MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER
ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE,
AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Thinksmart Hosting
WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Traffic Usage
All account plans come with a predetermined amount of traffic allowance.
We monitor all accounts and bill $1.00 for each gig of traffic exceeded.
This amount is not prorated, meaning that 1 mb - 1 gig will be treated
and billed as the same.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of Thinksmart Hosting
is strictly prohibited. As our customer you are responsible for all your
accounts. Should you violate the Terms of Services outlined within, your
account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.
All sub-networks, distributive hosting sites and dedicated servers of Thinksmart Hosting must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Billing
By the Account Activation Date of each month, Thinksmart Hosting shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Thinksmart Hosting by no later than the specified payment due date. Thinksmart Hosting shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Service Fees
Certain services carry a setup fee charged by Thinksmart Hosting to
client, which must be paid by client in order to have use of said services.
If client terminates this agreement, client shall be responsible for any
and all outstanding fees owed to Thinksmart Hosting and agrees to pay
any and all fees incurred by client. Because the services are provided
on a monthly basis, the client will be responsible for service fees incurred
each month, regardless of when client provides notice of termination.
Thus, for example, if the client provides notice of termination on the
15th day of a particular month, the client will be responsible for service
fees for the entire month, and such fees will not be pro-rated or refunded.
Money back guarantee & refund policy
We do not generally refund cancelled contracts. For
example, if your contract is quarterly and you request a refund after
two months, no refunds will be admitted. No refunds are issued for setup
charges, add-on charges, domain-registrations, add-on purchases, SSL
certificates or overage charges. In case of AUP violations, any and all
refunds are forfeit.
Account Deactivations
Any account deactivated due to non-payment will require a reactivation
fee of $20.00 prior to reactivation.
Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days
notice for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.
Limitation of Liability
Thinksmart Hosting shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from Thinksmart Hosting
' servers going off-line or being unavailable for any reason whatsoever.
Furthermore, Thinksmart Hosting shall not be responsible for any claimed damages,
including incidental or consequential damages, resulting from the corruption
or deletion of any web site from one of Thinksmart Hosting ' servers. All
damages shall be limited to the immediate termination of service.
Violations
Violations of these Acceptable Use Policies should be referred to webmaster@thinksmart12.com.
All complaints will be investigated promptly. Failure to follow any term
or condition will be grounds for immediate account deactivation.
Disclaimer
Thinksmart Hosting cannot be held liable for system down time, crashes or
data loss. We cannot be held liable for any predicated estimate of profits
which a client would have gained if their site was functioning. Certain
services provided by Thinksmart Hosting are resold. Thus, certain equipment,
routing, software and programming used by Thinksmart Hosting are not directly
owned or written by Thinksmart Hosting. Moreover, Thinksmart Hosting holds no
responsibility for the use of our clients' accounts. Failure to comply
with any terms or conditions will result in the automatic deactivation
of the account in question. We reserve the right to remove any account,
without advance notice for any reason without restitution, as Thinksmart Hosting
sees fit.
Account Activation
By activating your account with Thinksmart Hosting, you agree to the above
policies and disclaimer. Upon requesting activation of an account, you
are required to accept these policies, guidelines and disclaimer, and
a copy of your acceptance is forwarded along with your activation request
to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
Thinksmart Hosting guarantees 99.00% service (http, ftp, pop,
imap, smtp) uptime on all hosting plans. Should we fail to deliver this
for any given calendar month, your account will be refunded a pro-rated
amount for the duration of excessive downtime.