Smart Bomb Enterprises provides World Wide Web page hosting. Smart Bomb Enterprises reserves the right to suspend or cancel a customer's access to any or all services provided by Smart Bomb Enterprises when Smart Bomb Enterprises decides that the account has been inappropriately used or otherwise for any of the following reasons. This agreement is subject to change please check it on a regular basis to view the terms you are bound to. 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 24 hours will result in the suspension and/or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response time usually within 12 hours. If in doubt regarding the acceptability of your site or service, please contact us at
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and we will be happy to assist you. We have a zero tolerance for spam and any account sending out spam will be terminated without refund and do not qualify for 30 day money back guarantee. Please see below for terms of spam. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice and reported to the proper authorities. 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. Violations will be reported to the appropriate law enforcement agency.
Account Security:
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. You will set permissions on all directories to 744 or as restrictive as possible but 777 directories are not allowed on our servers. We regulary check accounts for such directories and we will set them back to 744 max and if and account is found to have repeat offenders we will susupend your account and possibly terminate without a refund. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
Customer must maintain a valid domain name that resolves to a Smart Bomb Enterprises Domain Name Server (DNS) or system to their account and must notify Smart Bomb about any changes in domain names. Failure to notify Smart Bomb about domain name changes shall result in immediate suspension of account.
Smart Bomb Enterprises reserves the right to refuse service and /or access of its servers to anyone for any reason.
This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State, or Local regulation.
Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "unacceptable adult material" is left entirely to the discretion of Smart Bomb Enterprises.
Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
A Full backup is available at an extra charge and are made regularly on a daily, weekly and monthly basis by Smart Bomb Enterprises. Due to the volatility of computer data we can make no complete guarantees of any kind as to the integrity of these backups. If loss of data occurs due to an error of Smart Bomb Enterprises, we will attempt to restore data at no charge to the customer. If loss of data occurs by an action of the customer Smart Bomb Enterprises will attempt to restore data at a $90 fee per hour charge to the customer.
We do not allow customers to install their own chat rooms on our servers as they tend to use large amounts of system resources. We do not allow IRC or IRC Bots to be run on Smart Bomb Enterprises servers.
Smart Bomb reserves the right to display links to customer sites to demonstrate who our customers are to prospective clients.
Smart Bomb Enterprises maintains control of all I.P. numbers and addresses that may be assigned to the client and reserves the right to change or remove any and all IP numbers and addresses. Dedicated IP addresses are available at an additional charge.
Smart Bomb Enterprises reserves the right to report illegal activities for prosecution.
Violations of system security is prohibited, examples include: messages sent on an intrusive basis to any network, Accessing data not intended for user. Probing the security of a network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, winnuke. Promulgation of viruses. The presence of such programs on an account, whether or not run, will result in suspension or termination of your account.
A domain which exceeds the traffic allowance included in the account will be charged at a rate of $1 per 1 gig per month, if more than account limit of data transfer is required this can be arranged by e-mailing
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CPU Usage:
A domain that has excessive CPU usage will be suspended until it is determined what is causing the problem. If after repairing the problem and reinstatement of account excessive CPU usage occurs account will be permanently disabled and no refund given as this constitutes abuse.
The customer is responsible for all material located on its account, and securing the username/password used access its account. Customer warrants that any material submitted for publication on Smart Bomb Enterprises server does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous and will hold harmless, protect, and defend Smart Bomb Enterprises and its subcontractors from any claim or suit arising from the use of such elements furnished by the customer. Smart Bomb Enterprises reserves the right to remove any and all materials which infringe on copyright work. Such materials may be removed at any time upon receiving a complaint and or notice of copyright infringement.
If Smart Bomb Enterprises becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant that the work has been copied and that use of the work is not defensible. With this information in-hand, Smart Bomb Enterprises, at its discretion, may, at any time deny access to the challenged material of Customer. Laws Affecting Electronic Commerce:
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Customer agrees that the Customer is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Smart Bomb Enterprises and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Customer exercise of Internet electronic commerce. Shared Hosting:
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
Smart Bomb Enterprises is not responsible for any claimed damages, which may result from Smart Bomb Enterprises servers going offline, or being unavailable for any reason. Including damages which may result from the corruption or deletion of data. In situations where the card number on file is declined Smart Bomb Enterprises will immediately suspend the account services on-line until the outstanding charge is processed successfully. In addition, Smart Bomb Enterprises reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request. No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer's card will be charged automatically. Smart Bomb Enterprises requires that its agreements be made with a person who is qualified to contract. As such, customer must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Smart Bomb Enterprises cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
In order to streamline our accounting procedures and keep costs down Smart Bomb Enterprises runs a limited number of payment options.
Smart Bomb Enterprises accepts payment via Pay Pal payment systems. We also accept Mastercard, Visa, American Express via Internet Secure payment system. We also accept Interac online for select customers.
This option is only available to premium customers who pay annually for their Smart Bomb Enterprises account please contact
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if this is of interest to you. A credit / debit card number will still be required if customers require the ability to purchase domains and other services on-line. Smart Bomb Enterprises cannot guarantee that a service will be provided until after any received cheque's have been cleared.
Purchases online at Smart Bomb Enterprises are made with 128 Bit SSL. If you have any further queries regarding security please email us at
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.
We endeavor to respond to all complaints within 12 to 24 hours - although usually response is much quicker. If you are unhappy with any service provided by Smart Bomb Enterprises please contact us immediately either by phone at 250-885-2888 or by
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.
Smart Bomb Enterprises reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of prepaid services. If a customer contravenes Smart Bomb Enterprises' terms of service a refund will not be issued in the event of a cancellation.
You have the right to cancel your order within 30 days of inital purchase without giving a reason. In the case of services the 30 days must start from when the services are ordered. Where the customer exercises their right to cancel, we will return your money within 30 days of cancellation. After 30 days you can cancel at anytime a prorata refund will be issued via cheque to the address we have on file within 30 days.
Smart Bomb Enterprises makes no warranties of any kind, whether expressed or implied, for the service it is providing. Smart Bomb Enterprises also disclaims any warranty of merchantability or fitness for a particular purpose. Smart Bomb Enterprises will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties. Smart Bomb Enterprises will be the sole arbiter as to what constitutes a violation of these Terms of Service. Smart Bomb Enterprises reserves the right to remove any account without prior notice. The failure by a customer to meet or follow any of the above Terms of Service is grounds for account suspension or deactivation. We reserve the right to refuse/cancel service at our sole discretion. Modification
Smart Bomb Enterprises reserves the right to add, delete, or modify its Terms of Service at any time without notice.
Any party seeking to report violations of Smart Bomb Enterprises policy may contact via e-mail:
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