All Services provided by Smartweb 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, and Nigerian Law or in violation of the laws of any country, is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, material that advocates or calls for the commission of crimes or civil harms to any person, group of people, corporation, country, or any entity, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Smartweb from any claims resulting from the use of the Service which damages the subscriber or any other party.
Pornography is prohibited on all Smartweb servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Smartweb will be the sole arbiter in determining violations of this provision.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble-ticket /email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice. Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.
Hosting space is intended for normal use only, and is limited to Web files, e-mail and content of the hosted Web sites, not for storage of media or other data. Hosting space may not be used as offsite storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other Smartweb customers. You will be notified about offending cgi script that has been disabled. No chat room or similar scripts allowed.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Smartweb servers or any other server on the Internet. Links to such materials are also prohibited.
Smartweb will be the sole arbiter as to what constitutes a violation of website content restrictions.
Examples of unacceptable material on all Shared and Reseller servers include:
Image Hosting Scripts (similar to Photobucket or Tinypic)
IP Scanners Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Acceptable Use Policy: eMail Policy: Smartweb may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 150 emails/hour; this limit does not apply to virtual private server accounts. Client is responsible for keeping email storage on each POP3 box below 300 MB. This is normal for most accounts since email is typically downloaded from the server on a regular basis using an email client such as Outlook, Outlook Express or Eudora. In most cases, emails are limited to 10MB per file size.
Spam Policy: Smartweb is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Smartweb, by customers or any other users of the Smartweb network (including customers' customers); and/or over ANY network- if the message sent advertises or mentions a site hosted on the Smartweb server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to a Smartweb email address or web site URL is prohibited. The use Smartweb servers as a mail drop for responses to activities described above is also prohibited.
Additional Shared Hosting Account Restrictions Using a shared hosting account as a backup/storage device is not permitted, with the exception of one Smartweb panel backup of the same account. Please do not take backups of your backups. Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. In some cases, Smartweb may not establish a specific amount of Bandwidth and/or Disk Usage, and refer to that as "Unlimited" disk space or bandwidth. In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Smartweb reserves the right to suspend, discontinue or delete the accounts of Users whose disk space or bandwidth utilization results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space or bandwidth included in the User's plan
Excessive Service Usage
Customers are restricted from using excessive amounts of CPU processing, network bandwidth or other resources provided by Smartweb. Judgments of excessive usage are determined solely by Smartweb and will be considered in comparison to other Smartweb customers using similar services and paying Smartweb similar rates. Smartweb may contact customers with resource intensive requirements and attempt to accommodate such needs. In the case that an agreement cannot be made to the satisfaction of both Smartweb and the customer, and that the customer continues to use excessive resources, Smartweb reserves the right to immediately terminate any customer account associated with excessive resource usage. Accounts or services involved in excessive resource usage may be suspended or terminated immediately by Smartweb without prior notice.
Examples of excessive resource use abuse:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. f) Participate in any file-sharing/peer-to-peer activities g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc h) Run cron entries with intervals of less than 15 minutes when using PHP include functions for including a local file; include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
Smartweb allows for very generous traffic, and most sites never exceed 4 G per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Smartweb customers are discouraged from storing any files that cause excessive traffic on Smartweb servers. Please contact Smartweb web hosting technical support team for more information. Again, 99% of the sites do not fall into this category and never reach Smartweb traffic limits.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to Smartweb or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
You will be charged for transfer that you use beyond the defined data transfer limits without prior notification. You can setup your account to notify you via email when you are nearing your data transfer limit. Just click on "Account Management" and setup the notification. You can monitor your monthly transfer that you have used in the "Resource Meter" area of your control panel and you can add more transfer to your account at any time by clicking on "Upgrade CP" in your control panel. Just upgrade to a higher plan. If you need additional bandwidth transfer above what is allowed with a higher hosting package, please contact us and we will be happy to assist you. Please note that it is your responsibility to make sure that you have sufficient bandwidth transfer remaining for your web pages. If your web site has used all the bandwidth transfer that you have purchased, Smartweb system will suspend your account until you contact us to purchase additional bandwidth transfer.
Resellers provide billing to their end customers. Smartweb bills the Reseller for the reseller's plans, domain and other add-on items used by the end customers. Actual or attempted violations of policy by a customer's end user shall be considered violations of the policy by the customer regardless of intention and will be acted upon accordingly. The Reseller's customers are given a limited amount of transfer and if we feel that one of your customers is using up more transfer than allocated or is taking up too much of the CPU usage then we will need to pass some of the extra cost on to the reseller. You will need to put that in your terms and conditions for the hosting. Reseller agrees that they or their customers can not hold Smartweb responsible for services that reseller offers. Reseller's customers must abide by the same terms and conditions as reseller. If Reseller abuses Smartweb services, we reserve the right to cancel your account, which will also cancel reseller's customers accounts.