Terms of Service
Last Updated on June 27th, 2017
You understand and agree that there are important risk factors that should be considered by you when deciding whether to purchase SmartBiz.Host.
NO EARNINGS PROJECTIONS, PROMISES OR REPRESENTATIONS You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will will earn any money, with respect to your purchase of SmartBiz.Host, and that we have not authorized any such projection, promise, or representation by others. Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not). There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as "average earnings". THE ECONOMY The economy, both where you do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by SmartBiz.Host. YOUR SUCCESS OR LACK OF IT Your success in using the information or strategies provided by this website, depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all. Internet businesses and earnings derived therefrom, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase SmartBiz.Host, and/or any monies spent setting up, operating, and/or marketing SmartBiz.Host, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not). FORWARD-LOOKING STATEMENTS MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," "INTEND," "PLAN," "BELIEVE," AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE. ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY MATERIALS ON THE WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL. DUE DILIGENCE You are advised to do Your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with Your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of legal advice. Nothing contained on the website or in materials available for sale or download on the website provides legal advice in any way. You should consult with your own attorney on any legal questions you may have. We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever. PURCHASE PRICE Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for SmartBiz.Host has been arbitrarily set by us. This price bears no relationship to objective standards. TESTIMONIALS & EXAMPLES Testimonials and examples on this website about SmartBiz.Host are exceptional results, do not reflect the typical purchaser's experience, don't apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. Where specific income or earnings (whether monetary or advertising credits, whether convertible to cash or not), figures are used and attributed to a specific individual or business, that individual or business has earned that amount. There is no assurance that you will do as well using the same information or strategies. If you rely on the specific income or earnings figures used, you must accept all the risk of not doing as well. The described experiences are atypical. Your financial results are likely to differ from those described in the testimonials.SmartBiz.Host does not proactively review the Web site content or e-mail of our Customers. In some situations, as outlined herein or in our AUP, we will review and remove files, Web site content or e-mail to validate compliance with our AUP. We take no responsibility for the content or information contained on our Customers' Web sites or within their e-mail. The opinions and views expressed in the Web pages hosted by SmartBiz.Host do not necessarily reflect our views. The contents of the Web pages hosted by SmartBiz.Host are not monitored or reviewed in any way before they appear on the Internet. Payment Policies – General Accounts will not be activated or reactivated without prior payment. Incomplete, incorrect or questionable signup information can result in an account NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received. Any losses or expenses experienced by the Customer, due to actions taken by SmartBiz.Host in response to Customer non-payment, are not the responsibility of SmartBiz.Host. Payment Policies – Payment Processing SmartBiz.Host's preferred methods of payment are credit card or PayPal. When an account is cancelled, all copies of the Web site and e-mail files are permanently and irretrievably removed from our servers. If we are required to recover files due to a cancelled account, we may bill up to $50.00 for our data recovery time and effort. If we make any refunds due to charges you dispute with your credit card company or Paypal, we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by SmartBiz.Host as a result of your dispute or charge-back request. We cannot guarantee any files or e-mail will be available upon reactivation. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy. Cancellation Policy You are free to cancel your account at any time. Similarly, we reserve the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP. Fees paid to SmartBiz.Host are non-refundable, unless there is an express money-back guarantee. Transferring a domain to a new hosting Company does not constitute cancelling an account with SmartBiz.Host. If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign up, the Customer will, upon request, receive a full refund of all setup fees. Requests for these refunds should be made through our Support Team. If your account is cancelled for any other reason than a valid thirty day money-back guarantee, we may, in our sole discretion, refund none, some or all of the payment remitted prior to cancellation. You have thirty (30) days to dispute any charge or payment processed by SmartBiz.Host. If you have a question concerning a charge you believe is incorrect, please contact us at support@smartbiz.host. Technology Parameters Customer is responsible for providing the equipment and services necessary to access SmartBiz.Host networks, systems and servers. SmartBiz.Host makes no assurances that the Customer's equipment is compatible with its services. SmartBiz.Host is not responsible for any service issues experienced due to the use of any programs, scripts or software not provided by SmartBiz.Host or not residing on SmartBiz.Host's network, systems or servers. SmartBiz.Host is not responsible for ensuring that Customer Web sites function correctly, nor are we responsible for trouble-shooting programs, scripts or software placed on our servers by the Customer. Lifetime Service All fees paid to SmartBiz.Host are non-refundable Setup Fees. They are non refundable. The only exception to this is if you request a valid refund during the money back guarantee period. We will refund all Setup Fees paid during the money back guarantee period. All services provided by SmartBiz.Host, specifically (but not limited to,) Lifetime Hosting, Lifetime Domain Registration, Lifetime Domain Privacy, Lifetime SSL Certificates, cPanel Migration and Reseller Accounts are free services. You will not be billed for these services. Your hosting account is not transferable. Transfering your hosting account may result in your account being cancelled without refund. SmartBiz.Host is not responsible for services provided by third-party providers. Specifically (but not limited to,) if third-party services including hardware, networking and domain providers cannot continue to provide us with services in a cost effective manner then we may not be able to continue providing Customer with lifetime hosting. In the event that SmartBiz.Host cannot continue providing Customer with hosting for any reason, Customer will not be compensated in any way. There are no refunds of the Fees beyond the original money back guarantee period, and all services rendered are free services. Lifetime domains are essentially "subdomains" similar to the CentralNIC domains .us.com, .us.org, .gr.com, .cn.com, .no.com and .ru.com. Lifetime domains are provided as per our current terms of service with the associated registrars (.business, .education, .financial, .network, .technology, .place and .events) and are subject to changes in those terms of service. There is a possiblity that we may not be able to provide certain or all lifetime domains forever. In the event that SmartBiz.Host cannot continue providing Customer with lifetime domain registration for any reason, Customer will not be compensated in any way. There are no refunds of the Fees beyond the original money back guarantee period, and all services rendered are free services. In the event that SmartBiz.Host cannot continue providing Customer with any other services for any reason, Customer will not be compensated in any way. There are no refunds of the Fees beyond the original money back guarantee period, and all services rendered are free services. Electronic Commerce If the Customer chooses to conduct online commerce, the Customer is responsible for maintaining and creating an online store. Customer is responsible for ensuring that products or services sold or made available via our services are legal and accurately represented and that the content of the store and related offerings do not infringe the rights of others. Customer is responsible for fulfilling all the online store needs such as order fulfillment, shipping, data security, etc. Customer is responsible for the security of Customers' credit cards. SmartBiz.Host is not liable for any fraud, disputed business transactions, undelivered goods or other improprieties between Customers and their Customers. Web Site Accessibility We will use all efforts to ensure that Customers' Web sites are available to third parties via the Internet 24 hours a day, seven (7) days a week, excluding scheduled maintenance and regular system repairs as initiated by SmartBiz.Host. However, due to the nature and complexity of online services, we cannot guarantee the availability of (i) our Web site, (ii) any Customer Web site or other Web site, information or material hosted by us, or (iii) the products and/or services available on or through any of the above. User Data Pursuant to SmartBiz.Host's Privacy Statement, SmartBiz.Host may disclose to third parties certain aggregate information contained in your signup or related data. However, SmartBiz.Host will NOT disclose personally identifying information to third parties unless such disclosure is: - required or permitted by law, or is reasonably necessary to comply with subpoenas, court orders, other legal process, or requests of governmental authorities; - intended to prevent or assist in the investigation of suspected fraud or other illegal activities, or otherwise represents actions taken in connection with such activities; - to enforce these Terms of Service or otherwise establish or exercise SmartBiz.Host's legal rights or defense against legal claims; or - otherwise provided for in the SmartBiz.Host Terms of Service or Privacy Policy. Backup / Restore SmartBiz.Host does not maintain backup copies of Customer Web sites or e-mail. SmartBiz.Host cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a Web site will always be available. We ALWAYS recommend that Customers copy all content of a Web site to a local computer and strongly suggest that Customers make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files. Emergencies/Special Situations We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our Customers, including but not limited to actions requiring us to deactivate Web sites, shut down our network, or review the content on Web sites to evaluate the reason for perceived behaviors. In rare instances, we may need to completely delete a Web site or account because of some significant failure, security breach or other emergency. In such cases, we do our best to backup a deleted Web site, but we cannot ever guarantee a full restore of a Web site. Acceptance of Commercial Relationship and E-mail Communications By purchasing Services, you are agreeing to this commercial relationship with us. As such, you agree our communications to you are solicited e-mails and not SPAM. From time to time, we offer our Customers the opportunity to participate in special offers, contests or surveys, and we may feel it is important to notify you about new products and services through promotional materials and newsletters. You may choose to opt out of receiving these notifications either by responding to the unsubscribe instructions included in the e-mail or by contacting our Support Team. Domain Name Registrations Domains Registrations provided by SmartBiz.Host for .co.business, .co.education, .co.financial, .co.network, .co.technology, .co.place or .co.events domains are special "subdomains" are may have limitation compared to non-subdomain domains. Upon a Customer's request, and subject to these terms and conditions, SmartBiz.Host will attempt to register a domain name on behalf of the Customer with any domain name registrar that SmartBiz.Host, in its sole discretion, elects to employ for such registration (the "Chosen Registrar"). SmartBiz.Host reserves the right to refuse any request for registration of a domain name. The registration of any domain name by SmartBiz.Host on behalf of a Customer is subject to, and contingent upon, (i) the Customer providing all information needed to complete such registration, (ii) the availability of the domain name, (iii) the domain name not being in violation of any applicable law, rule, statute or regulation, (iv) the domain name not being in violation of any policy of the Chosen Registrar, (v) any fees or costs for such domain name registration being paid in advance by the Customer and (vi) the Customer's continued compliance with any and all SmartBiz.Host Terms of Service and the AUP. The Customer has no ownership rights over any domain name registered or renewed through SmartBiz.Host. SmartBiz.Host will allow the customer to use any domain name registered provided their account is in good standing and in agreement with these Terms of Service. In the event of fraud or failure to pay fees, SmartBiz.Host will retain possession of the domain name. In addition, if we receive a credit card charge-back for a domain registered with us, SmartBiz.Host will take ownership of the domain name(s) registered. SmartBiz.Host is not responsible for maintaining the registrant information for domain names. The domain owner can modify all this information using our Control Panel, by contacting our Support Team or contacting the Chosen Registrar. The Customer agrees to continually update all information required by the Chosen Registrar. Updating your information with SmartBiz.Host does not automatically update it with the Chosen Registrar. SmartBiz.Host is not responsible for any domain name's availability. The Customer waives any and all claims against SmartBiz.Host for, and hereby releases SmartBiz.Host from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name. The Customer acknowledges and understands that any and all domain name registrations are subject to the terms, conditions, rules, regulations, applicable law and policies of ICANN (Internet Corporation for Assigned Names and Numbers). In addition, any and all domain name registrations and renewals are subject to the terms and conditions of the Chosen Registrar, which can be found on the Web Site of such Chosen Registrar. Upon request, SmartBiz.Host will provide the Customer with the name of the Chosen Registrar. The Customer understands and accepts that a request for a domain name registration or renewal is no guarantee that the Customer will receive the domain name that has been requested. The Customer understands, accepts and appreciates the risks associated with circumstances and vulnerabilities generally affecting the Internet and e-commerce in general. The Customer waives any and all claims it may have against SmartBiz.Host for, and hereby releases SmartBiz.Host from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration, renewal or release of a domain name in such circumstances, regardless of if the domain name is included in the cost of hosting or renewal hosting, and regardless of if the domain purchase price or renewal price has been paid in full. SmartBiz.Host is not liable for domain disputes that may arise over changed registrant information for a domain name. SmartBiz.Host is not responsible for resolving any domain disputes. These issues must be resolved by the parties involved, according to the legal bounds of ICANN, the domain name governing body. SmartBiz.Host will not act as an arbitrator, but will honor any ICANN decisions. If we receive a dispute of payment, a chargeback or a request for a refund from your credit card SmartBiz.Host for a domain name, SmartBiz.Host will take over the ownership of the domain name in question. The Customer agrees that any and all information provided in connection with any domain renewal request shall be true and correct in all respects. In connection with any such request, SmartBiz.Host assumes responsibility only for processing such renewal request with the Chosen Registrar. SmartBiz.Host disclaims any and all responsibility to verify any information provided in connection with the request and shall have no responsibility or liability for any loss, delay, inconvenience, interruption in service, service error or loss of data. Standard and Private-Label Reseller Programs In addition to all terms and conditions described in this Agreement, the following shall also be applicable to SmartBiz.Host Wholesale and Private-Label Resellers. The Reseller agrees, on behalf of both the Reseller and each Customer signed up by the Reseller, to comply with these Terms of Service. In the event that a Reseller or a Reseller's Customer is determined to be in violation of the Terms of Service, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with the Terms of Service. SmartBiz.Host is not responsible for the actions or misrepresentations of Resellers. The Reseller hereby agrees to indemnify SmartBiz.Host from and against any and all claims made by any Customer that result from the Reseller's misrepresentation, breach of the Terms of Service or other improper actions by the Reseller. SmartBiz.Host reserves the right to revise its Wholesale and Private-Label Reseller Programs, AUP and the Terms of Service at any time. Changes shall take effect when posted online. Customers who have been signed up by Resellers agree to operate their Web sites in accordance with the Terms of Service. Resellers cannot make any modifications to the SmartBiz.Host Terms of Service. Any such alterations shall be deemed a violation of the Terms of Service and could result in a cancellation of a Reseller's account(s). SmartBiz.Host is not responsible for any modifications made to the Terms of Service by Resellers. Resellers in the Wholesale Reseller Program assume all responsibility for billing and technical support for each of their Customers. SmartBiz.Host reserves the right to refuse inquiries made to the Support Team from the Customers of Resellers in the Wholesale Reseller Program. Waiver of Jury Trial Both you and SmartBiz.Host hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of this Agreement. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. You and SmartBiz.Host each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings. Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court. Limitations of Liability SmartBiz.Host operates a shared hosting environment, which affords a cost-effective hosting option for our Customers and introduces some risk that a Customer could impact others. We cannot accept any liability for downtime, interruptions of service, loss of business, loss of data, breach of security or inadvertent access to your private data. We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where SmartBiz.Host must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong. SmartBiz.Host AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MEMBERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH SmartBiz.Host IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY SmartBiz.Host. YOU AGREE THAT ALL ACCESS AND USE OF SmartBiz.Host AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL SmartBiz.Host BE LIABLE FOR (A) ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, TOOLS, SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM, (B) FOR ANY DAMAGES OR COSTS ARISING FROM ANY THIRD PARTY'S ACTIONS, FAILURE TO ACT, OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER, OR (C) ANY CUSTOMER WEB SITE OR ANY CONTENT ON SUCH WEB SITES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, TOOLS AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEB SITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SmartBiz.Host SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE. Miscellaneous These Terms shall bind and benefit the successors and heirs of the parties. These Terms, product offerings and pricing are subject to change at any time, without notice. If you do not agree to any changes, your only recourse is to stop using the service; in these situations we will provide a pro-rated refund for unused services. By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you consent to the federal and provincial court of The Province of Ontario having jurisdiction over you. The Terms and the relationship between you and SmartBiz.Host shall be governed by and interpreted in accordance with the laws of The Province of Ontario, Canada, without reference to its principles of conflicts of law. If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.
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