Acceptable Use Policy

SMS-Hosting reserves the right to change this policy any time. SMS-Hosting provides web hosting to many clients. In order to meet our responsibility to protect each client and to provide the best services possible, the following guidelines have been established.

Payment Policies, Fees, Refunds and Terms of Agreement:

All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Billing will continue until you cancel your hosting account. You may cancel at anytime. We do not offer credits or refunds for hosting time already expended. Should you want to cancel prepaid service, refunds are given for full months unused. You will, however, not receive refunds for current months in use (partial months refunds). We do not refund domain registration fees (InterNIC). We offer a money-back guarantee within 30 days of your account activation, should we fail to provide satisfactory service. All payments are in $US dollars. SMS-Hosting reserves the right to change prices without prior notice.

Account Cancellation:

You can cancel your account at any time without prior notice. There is no cancellation fee.

Content:

All services provided by SMS-Hosting may be used for lawful purposes only. It is strictly prohibited to store any of the following content on our servers. Accounts in violation of our obscenity policy will be deleted without notice, and there are no refunds in the event of terminations like these:

• Pornographic, obscene, content, sex-related merchandising, erotic images, and sites that may infer sexual content or links to adult content elsewhere.
  
• Warez sites. This includes pirated software, hacker programs or archives, as well as sites which provide links to, or how to information on such material.
  
• Copyrighted works - includes commercial audio, video, or music files.

Sites that are threatening or abusive or that promotes rasicm or hatred, incl. physical harm or violence against any individual or group
Also prohibited are sites that promote any illegal activity or present content that may be damaging to SMS-Hosting servers or any other server on the internet. Links to such materials are also prohibited
SMS-Hosting does not host sites of its competitors or web pages promoting sites of its competitors.

Bulk Email:

Bulk Email's to opt-ins isn't a problem. However, sending out unsolicited email, from our servers, to email adresses collected from forums etc. (spamming), isn't allowed. We consider mass email any email message sent to more than 25 email addresses or more than 10 news groups. Accounts in violation of our spamming policy will be deleted without notice

CGI Scripts:

Each account comes with its own cgi-bin. You are free to use any CGI script you wish. SMS-Hosting does, however, not allow chat rooms (the chat room in the CPanel (CGI) is an exception - it doesn't drain resources). Some chat rooms tend to be a large drain on system resources. The drain always depends on how well scripts are written. There are scripts that use less than 1% CPU with 100 people and scripts that use 99.9% CPU with only 5 people. Therefore we reserve the right to disable any CGI script that effects normal server operation or service to other SMS-Hosting customers. You can, however, link your site to a chat provider (e.g.: www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com). Please contact our customer support if you need a recommendation of a script.

Traffic:

99% of all sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or their primary purpose is file distribution. SMS-Hosting customers are discouraged from storing files that cause excessive traffic on our servers.We reserve the right to refuse, or terminate, service to anyone for any reason not prohibited by law. All accounts are monitored and will be billed $6 for each gig of traffic exceeding the accounts predetermined amount of traffic allowance. Transfer can be monitored at anytime in your Control Panel.

Backups:

Full backups: weekly - Backups of new/changed data: nightly. These backups are made for server restoration purposes only. It is the clients' responsibility to take backup of their own files. This can be done with the "Backup Manager", which is included with each hosting plan (see the control panel). If data is lost, due to an error of SMS-Hosting, we will attempt to recover the data for no charge to the client. If the loss of data is caused by an action of the client, or due to negligence of clients in securing their account, then we will attempt to recover the most recent archive for a $50.00 fee.

Limitation of Liability:

SMS-Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever. SMS-Hosting shall neither be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers. All damages shall be limited to the immediate termination of service.

Refusal of service:

SMS-Hosting will be the sole arbiter in determining violations of all provisions mentioned on this page. Reports of violations of the above policies should be directed to abuse@sms-hosting.com.