Acceptable Terms of Use

By using our web hosting services, you agree to comply with our acceptable usage policy. We expect you to possess a basic knowledge of the Internet and computer function. We also expect you to have access to a computer which is connected to the Internet to use our services. The spirit of this policy is to guide you to use the C. W. Smith Software & Consulting Services service with due regard to the rights of other Internet users and in conformity with special C.W. Smith Software & Consulting Services network environment.


Security Verification

All accounts created are subject to security verification. New customers must provide a legible copy of your driver's license or government issued I.D. For your protection all verification information is destroyed once the account has been verified. We will not store the verification form electronically or physically. The information must be received by our verifications department within 48 hours of signup. Failure to do so will result in the suspension or cancellation of the account. If the account is cancelled due to no verification then all payments made at the time will be refunded. Verification forms take approximately 24 hours to verify. Once verified you will receive your account information via e-mail. If you do not receive your information contact our support team. C. W. Smith Software & Consulting Services is not responsible for any credit card fees or chargeback due to customers that do not send in the proper verification.

NOTE: You can download a copy of the verification form from our Support Center.


Illegal Usage

C. W. Smith Software & Consulting Services servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to C.W. Smith Software & Consulting Services service agrees to indemnify and hold harmless C.W. Smith Software & Consulting Services from any claims resulting from the use of the service that damages the subscriber or any other party. C. W. Smith Software & Consulting Services will be the sole arbiter as to what constitutes a violation of this provision.


Adult Content

Due to special system and network requirements of adult oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.


Bandwidth

Bandwidth allowance is provided on a rolling 30 day period. Your bandwidth usage can be monitored from within your control panel. You will be notified when you reach your bandwidth limit. At that time your site will be disabled until the current bandwidth usage falls under the threshold. If you require additional bandwidth please contact sales about upgrading to the next package


Client using our service cannot:

• Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
• Use the Web site to store Web pages, files or data for other IP addresses or domain names or as a repository for files, data or "Warez group" download transfer. No executable files allowed. (.bat, .exe, .com, etc.) All files found will be deleted. No "download" sites will be permitted. (fonts, apps, freeware, etc.) All files found will be deleted. Disk space is NOT to be used as a file repository.
• Offer adult content, mp3 and other music downloads, or software downloads.
• Use the Web site as a storage area for files that are not linked to Clients hosted on C. W. Smith Software & Consulting Services servers.
• To use the web site to perpetrate fraud, copyright infringement, identity theft or any criminal activity that could cause harm financially or physically to any person and/or company.
• C. W. Smith Software & Consulting Services may immediately suspend service without notice to any Web site that violates these rules in manner that adversely affects the operations or performance of other C. W. Smith Software & Consulting Services customers.


Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. 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, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. By forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.


Server Resources

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. C. W. Smith Software & Consulting Services shall be the sole arbiter of what is considered to be a high server usage level. Any hosting account deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.


E-mail Headers

"Spoofing" e-mail headers is strictly prohibited. The "From" address must be the same as the e-mail address hosted by C. W. Smith Software & Consulting Services. Account sending messages with modified headers will face suspension and possible termination. E-mail Maintenance

In order to maintain disk resources our servers are set to auto-clean "Junk E-mail" and the "Deleted Items" folders for every e-mail account. When either of the folders reaches 100MB the system will automatically remove the oldest dated files until the size reaches 25MB. It is the customer's responsibility to check or save any files in these folders prior to the cleanup. C. W. Smith Software & Consulting Services is not responsible for any deleted e-mails.


Scripts

Script sharing with domains not hosted by C. W. Smith Software & Consulting Services is not allowed. Any scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice. This includes PHP, CGI, SSI, and .NET.


UCE (Unsolicited Commercial E-mail) SPAM

Spamming, or the sending of mass unsolicited email, from or through a C.W. Smith Software & Consulting Services server or using an email address that is maintained on a C. W. Smith Software & Consulting Services machine is STRICTLY prohibited. C.W. Smith Software & Consulting Services will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a C.W. Smith Software & Consulting Services server as a mail drop for responses, you are in violation. Violators will be assessed a minimum of $200 USD fine and will face an immediate suspension.

C. W. Smith Software & Consulting Services uses DNS blacklists to try to reduce the amount of Spam you receive. All messages marked as Spam are temporarily moved into the "Junk E-mail" folder. This folder can be accessed when you log into webmail. When the folder reaches 100MB, 75MB of the messages are removed. It is the customer's sole responsibility to monitor this folder for "false positives". We take no responsibility for any losses or damages for "false positive" e-mails.


Resources with "unlimited"

Any resource that is marked as "unlimited" will be allotted in quantities of 1000. Upon reaching your limit you must contact our support team to request another allotment of 1000. This is to ensure that customers do not abuse our service.


Server Abuse

Any attempts to undermine or cause harm to a C. W. Smith Software & Consulting Services server or customer of C. W. Smith Software & Consulting Services is strictly prohibited.

Any sub-networks of C. W. Smith Software & Consulting Services and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines is grounds for account deactivation. We reserve the right to remove any account without prior notice.


Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. C.W. Smith Software & Consulting Services Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.

Actions Taken by C. W. Smith Software & Consulting Services When C.W. Smith Software & Consulting Services becomes aware of an alleged violation of its Acceptable Use Policy, C. W. Smith Software & Consulting Services will initiate an investigation. During the investigation C. W. Smith Software & Consulting Services may restrict Customer’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, C. W. Smith Software & Consulting Services may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, C.W. Smith Software & Consulting Services will notify the appropriate law enforcement department of such violation.

C. W. Smith Software & Consulting Services does not issue service credits for any outages incurred through service disablement resulting from Policy violations.


Uptime Guarantee

If our servers are not up 99.9% of the time during your first 30 days of hosting we will refund your hosting fees for the current month (setup fees and domain name registration fees are non-refundable). Just go to our Support Center and open a support ticket. Be sure and mention that you would like a refund based on our 99.9% Uptime Guarantee.


30-Day Money back Guarantee

If for any reason you are not satisfied with the web hosting service we have provided within the first thirty days then you are entitled to a full refund. The process refund process is easy. Simply complete and fax in a cancellation form and we will cancel the account and issue a full refund.

All cancellation requests must be submitted via the web, postal mail or fax and you will receive a confirmation upon the cancellation of your account. Cancellations via the telephone and informal email will not be accepted. Use our online cancellation form.

This guarantee does NOT apply to any accounts that are terminated/cancelled by C. W. Smith Software & Consulting Services for violating our Terms of Service or any other policy. Our uptime guarantee does not include any downtime that is beyond our control including but not limited to: network outages, internet congestion, power failures, and any downtime associated with a violation in our terms of service. Scheduled maintenance also does not apply for our uptime guarantee. We do not offer refunds for services after the initial thirty (30) days of service.


Billing and Cancellations

C. W. Smith Software & Consulting Services reserves the right to suspend or cancel your account at any time. This may result in the forfeiture of any fees paid. C.W. Smith Software & Consulting Services will not be responsible for any consequential losses or damages.

You are required to pay for any services provided regardless if it has been used or not. Once your account is activated and is beyond the 30 day grace period all services must be paid for. If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. We apply a $35 USD collection fee (per month) to cover our costs in attempting to collect your debt in addition to a $15 late fee (per month) for each website owned and past due. If our internal collection efforts fail, we reserve the right to turn the account over to a 3rd-party (either collections agency or attorney) for further action. All data can and will be held with no access by the customer until the full amount is paid.

WARNING: We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices may affect your credit rating. If client disputes justified charges by provider on his credit card "chargeback", provider has the right to charge a $45 USD administration fee. We do not offer refunds for services after the initial thirty (30) days of service.

At the end of your billing cycle all balances due must be paid to avoid suspension. This also applies to customers with multiple packages. For example: Your account has 3 packages and only one package is past due. Since they are under the same account ALL packages and account activity will be suspended for non-payment.

All services must be paid within 10 days of invoice. Failure to do so will result in the cancellation of your account and late fees addedto your bill. C. W. Smith Software & Consulting Services will not be responsible for any consequential losses or damages. All payments are due when service is started and the billing month starts on your start date.


Service Levels and Liabilities

C. W. Smith Software & Consulting Services shall not be held liable for the performance levels of service(s) provided. C. W. Smith Software & Consulting Services shall not be held liable for events including but not limited to the loss of e-mail, website data, backup data, and service downtime. You as a customer of C.W. Smith Software & Consulting Services are only entitled to a monetary compensation that shall not exceed the monthly value of the plan.

C. W. Smith Software & Consulting Services is not responsible for any loss of data stored on our servers whether the fault is on us or the customer. will do our best to assist our customers in restoring their lost data but there are no guarantees of success. For customers requiring restores over 50MB there will be a $35 USD data restoration fee. (each time). We strongly encourage our customers to keep a backup of their files.


Domain Names

Customers are responsible for their domain name registrations. Although it is managed through Helm customers are still responsible for expiration dates. Once the domain has expired the customer will have 12 days to redeem the domain name at a cost of $80 USD. Once the 12 days has past the domain name is released to the public registry. it is the customer's responsibility to notify us prior to the redemption period expiry date. C. W. Smith Software & Consulting Services will not be held liable for any losses due to domain renewals. You as a customer of are only entitled to a monetary compensation that shall not exceed the monthly value of the plan.


Application Packs

Customers are responsible for kept their installed application packs up to date. We simply provide the initial install. The application pack developers may periodically release updates in which our customers are responsible for applying the updates.


Modification

C. W. Smith Software & Consulting Services reserves the right to add, delete, or modify any provision of this Policy at any time without notice. These policies are active once your account has been created. For existing customers that do not agree to any of these terms please cancel your service.