By using the SMARTERS PRO HOST.COM website (“SMARTERS PRO HOST”, “our”, “us”, or “we”), products and services, you (“Customer”, “you”, “your”) agree to accept and comply with all our policies. SMARTERS PRO HOST. reserves the right to terminate any service provided with or without a refund and with or without a notice. SMARTERS PRO HOST also reserves the right to change the Terms of Service along with all the policies listed on the website (SMARTERSPROHOST.COM) at any time without customer notification. It is the customer’s job to periodically check the recent Terms of Service and the other SMARTERS PRO HOST policies. If the customer does not agree with the new terms of service modifications, his service will be terminated immediately.
These terms shall be governed and construed in accordance with the laws of the Republic of Cyprus. You irrevocably agree that the courts of Larnaca, Cyprus have exclusive jurisdiction to settle any dispute or claim that arises out of our in connection with this agreement.
You expressly agree that your use of the SMARTERS PRO HOST services is at your sole and exclusive risk. SMARTERS PRO HOST offers absolutely no warranties of any kind, whether express or implied. No advice or information obtained from SMARTERS PRO HOST or through SMARTERS PRO HOST service shall create any warranty. The customer is solely responsible for any data stored on SMARTERS PRO HOST servers and for ensuring he has adequate backups outside of the SMARTERS PRO HOST infrastructure. SMARTERS PRO HOST shall offer no warranty or compensation for any data loss including but not limited to software failure, hardware failure or staff error.
SMARTERS PRO HOST offers absolutely no liability or compensation to third parties in case its services are used to inflict damages to third parties by the customer. The customer is the only one liable for any such damages. In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever.
SMARTERS PRO HOST services are sold as unmanaged. They are designed for advanced linux administrators or experienced webmasters.
The customer is responsible for managing his server. SMARTERS PRO HOST staff is available for support only in case of Network issues, Server hardware or OS templates.
The SMARTERS PRO HOST staff will not offer any kind of support for installing, configuring or debugging applications or operating systems.
We generate the proforma invoices 10 days before the payment is due. The service is terminated automatically if it has not been paid before the due date and SMARTERS PRO HOST will not be responsible for any data loss that occurs due to termination.
If a subscription has been created for paying the service, the customer is responsible for cancelling the subscription (ex: Paypal) if he wants to terminate his SMARTERS PRO HOST services.
In the case of bank transfers, the final amount which is received in our bank account shall be credited to the customer account. Any fees charged by the bank for processing the transfer, including but not limited to, exchange fees (if payment was not sent in EUR) shall be deducted from the customer’s balance.
It is the customer’s responsibility to notify us by creating a support ticket when he has made a transfer by bank or if his payment (of any other method) has not been credited to his account.
All payments shall be done from using your own card, bank account or paypal account. The use of third-party payments is prohibited without prior approval from SMARTERS PRO HOST.
The services are billed based on their billing term which can be of a minimum 1/3/6/12 months.
It is the customer’s duty to cancel the service before a new billing period begins in case he desires to terminate the service. After the service has entered into the new billing period, the customer is liable to pay for the entire new billing period even if the service has been suspended/terminated due to the non-payment.
If the service has been terminated due to non-payment and SMARTERS PRO HOST was able to restore it from the backups upon the customer’s request, the customer will be charged an extra fee of 25 EUR beside the cost of the service. The termination does not end the customer’s liability to pay for the period between the termination and the restore.
There are no prorated refunds in case the customer decides to terminate the service earlier than his paid period.
All orders placed through our billing portal are passed through an automatic fraud check system. Although our VPSs are typically set up instantly upon receipt of payment, we manually review each fraud score before accepting the order. If our fraud check system scores your order as dangerous, we may require submission of a government issued ID to allow continued use of our services. Failure to comply in a timely manner will result in termination.
The customer shall create a single account on the SMARTERS PRO HOST website. Multiple accounts are strictly prohibited!
The use of fake or disposable emails is strictly prohibited and shall result in immediate account termination without any refunds.
The customer billing details must be real and verifiable by legal documents on request. The failure to provide verification documents confirming your billing details shall lead to immediate account termination without any kind of refunds.
Any chargeback or dispute of the transaction done via our payment processors shall be considered a fraud attempt and will lead to immediate account termination and the termination of all active services without any refunds.
The customer shall keep confidential any information to which he is given access and shall cooperate with SMARTERS PRO HOST’s efforts to maintain the confidentiality thereof. The customer shall not publish or distribute any information or documentation that SMARTERS PRO HOST provides including but not limited to support tickets, emails or phone calls.
Under the General Data Protection Regulation, SMARTERS PRO HOST acts as a data processor and will process the data in a way that meets the technical and organizational requirements of the GDPR.
The data will be processed on equipment owned by SMARTERS PRO HOST or leased from subcontractors, in datacenters with high security standards, ensuring adequate protections for the processed data.
The customer agrees to follow entirely the GDPR in relation to his processing of personal data belonging to EU customers and undertakes the sole responsibility and liability for ensuring the data is processed correctly under the GDPR.
The provisions of the Acceptable Use Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation or accepted norms of the Internet community, whether or not expressly mentioned in this policy, are prohibited. We will be the sole and final arbiter as to what constitutes a violation of our policies.
Our products and services may be used only for lawful purposes. Transmission of, distribution of, storage of, or linking to any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by Cypriot law.
The customer will not, directly or indirectly, allow the usage of the services, sell or solicit sales, nor transfer Services of or provided by SMARTERS PRO HOST to any entity or individual located in, organized under the laws of, or ordinarily resident in any country or geographic region subject to comprehensive sanctions administered by OFAC or the EU.
The customer shall not reside and shall not use the SMARTERS PRO HOST services, either directly or indirectly, in the following countries: Cuba, Iran, North Korea, Crimea region, Syria and any country under the US or EU sanctions on technology export. No refunds shall be issued to such customers, all services will be terminated immediately and any funds in the account balance shall be forfeit.
The blacklisting of the IP in a RBL, security company (ex: urlhaus, netcraft) or by an antivirus software shall lead to immediate termination of the account and all its services. Any abuse notification from security companies like spamhaus, urlhaus, netcraft, bitninja etc. or any CERT shall lead to immediate termination of the account and all its services.
The prohibited activities include, among others, the following:
· SPAM – Any kind of mass-emailing from our services is prohibited. Sending more than 100 emails per day shall be considered SPAM. RBL listing or abuse message receipt shall lead to immediate termination.
· Hosting webpages advertised within “spam emails”
· Hosting web pages or providing messages that support SPAM
· Any kind of pornography
· Torrents
· TOR Exit Nodes
· Cryptocurrency mining
· IP Spoofing
· Fake/Replica product websites
· HYIP or ICO Websites
· Stress-testing websites
· HitLeap or any kind of artificial traffic creation
· Hosting viruses, worms, trojans or key loggers
· Botnet controllers and any kind of remote administration software
· Port scanning
· Vulnerability scanning
· Brute forcing
· Gambling
· Anything to do with hacking, cracking etc.
· Red teaming or any kind of penetration testing
· Floods or any other methods meant to cause denial of service
· The use of exploits
· Deceptive Marketing
· Pharmacies
· Fake news websites
· Antisemitism or any other kind of hate speech
· Giveaway websites
· Offering financial services without the proper licensing
· Hosting copyrighted materials of any kind without proper authorization.
· Hosting phishing website
· Hosting websites where illegal activities are discussed. Ex: hacking, carding forums
· GRE Tunnels
· UDP Fragmentation
· Any IP blacklisting by a RBL, Antivirus software or security company
· Open DNS Resolvers and any applications vulnerable to ddos amplification attacks.
· The use of any application meant to create disruptions to SMARTERS PRO HOST or other SMARTERS PRO HOST customers.
The list above is not exhaustive. SMARTERS PRO HOST reserves the right to select its clients and to refuse service to anyone.
No new services shall be provided to accounts which have had services suspended for breaking our Acceptable Use Policy or accounts which have been accessed from the same IPs as accounts which have breached the terms of service. Any funds available in the account or deposited in the future shall be forfeit.
Outgoing SMTP connections are, by default, blocked on all services unless they have a valid rDNS with your own domain name set.
For the VPS One package, the outgoing SMTP connections are blocked regardless of the rDNS.
The customer bears the full responsibility for his server’s security and for all the data stored on it.
The customer shall use the best practices to secure and keep his services and data secure, including, but not limited to updating the software regularly, OS hardening, using strong passwords, firewalls, SSL, antivirus, intrusion detection systems and disk encryption.
The customer shall investigate and resolve any security notification sent by SMARTERS PRO HOST in maximum 24h.
The services are sold under a fair use policy, the node’s resources are finite and are split between multiple servers. The customer agrees not to use the services in a way which my impact other customers, for example: excessive IO load, high PPS traffic, excessive CPU usage etc. SMARTERS PRO HOST reserves the right to restrict any resource at any time, if it is deemed to be used excessively, and SMARTERS PRO HOST is the sole arbiter on what excessive means.
The customer agrees not to expect 100% CPU performance on his VPS if it is used at maximum performance for an extended period of time. The average CPU usage should not go above 50% in the timespan of a day.
The allocated uplink is 1Gbps shared for all our services. The guaranteed speed is 100mbps except for the VPS One package where the guaranteed speed is 70Mbps. The bandwidth can be restricted without notice if it’s found to be abused. The speed in Cyprus is not guaranteed, due to its isolated geographical location and the lack of tier 1 internet providers.
In order for the permanent speed limitation due to overuse to be removed, the bandwidth overuse shall be charged at 0.01 EUR per Gigabyte.
SMARTERS PRO HOST has ddos protection systems designed to protect its infrastructure and its main goal is to ensure an attack does not affect other customers. SMARTERS PRO HOST does not provide any ddos protection warranty and reserves the right to nullroute any IP that is attacked.
The disk writes should be reasonable and the total disk writes should not exceed 4 times the disk size in a month. The daily average read/write IOPS should not exceed 50. Customers abusing the I/O will be restricted.
SMARTERS PRO HOST offers its services as best-effort. The uptime guarantee is 99.9% and covers only network or hardware issues which are under our control.
Services which are under DDoS attacks, are having downtime due to OS/Application misconfigurations or any other type of customer intervention or non-intervention shall not have any uptime guarantee.
SMARTERS PRO HOST shall compensate the customers for the downtime exceeding the uptime guarantee by extending the affected services by 10x of the period when they were unavailable, but not more than 1 month per year. For example, for 1 hour of downtime the service shall be extended by 10 extra hours.
The payout for the referred customers is 15% from all their transactions during the first 12 months.
The commissions are paid 90 days after the referred customer has made the transaction.
The minimum withdrawal is 10 EUR for account balance withdrawal and 100 EUR for PayPal withdrawal.
An extra 30% are given as bonus if the customer decides to withdraw the affiliate commission to the SMARTERS PRO HOST account balance.
PayPal withdrawals are sent to the exact e-mail address associated with the SMARTERS PRO HOST account.
Withdrawals to balance are final. The funds cannot be restored to your affiliate account nor will they be sent via any other method.
Multiple accounts are forbidden and lead to the forfeiture of all the affiliate commissions. If the same login IP is ever used on both the affiliate and referred customer, the commission shall be forfeit and the customer banned from the affiliate program.
If the affiliate has services suspended for breaking these terms of service / abuse, all the commissions in the account are forfeit.
If the referred customer has services suspended for breaking these terms of service / abuse, the commission related to this referred customer will be forfeit.
The transaction fees and the VAT do not count towards the affiliate commission.
The commissions not withdrawn after 16 months since the referred customer has registered will be considered expired and forfeit.
We reserve the right to modify or terminate the affiliate program at any time.
The privacy policy, part of this agreement, is located here
The refund policy, part of this agreement, is located here
TARNATA LTD
Email: Contact@smartersprohost.com
📞 +447462425646
71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM
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