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Security Policy

Smart Marketings is a HostGator reseller.  Consequently, we don’t own any hosting servers – but we do help manage and oversee the HostGator servers.

Our commitment to your security

Smart Marketings is committed to protecting your security. That is why we have adopted this Security Policy. It is intended to describe how we use and protect your data from abuse. Please note that by using Smart Marketings services, you are accepting the practices described in this Security Policy.


Who is HostGator?
HostGator is a global provider of web hosting and related services. Founded in a dorm room at Florida Atlantic University by Brent Oxley, HostGator has grown into a leading provider of Shared, Reseller, VPS, and Dedicated web hosting. HostGator is headquartered in Houston and Austin, Texas, with several international offices throughout the globe.

What security measures are used to protect my server?

HostGator provides a number of security measures to protect their servers and prevent your account from being compromised via the server itself. While their servers are secure, security breaches of your website and your personal account due to vulnerable passwords or known exploits in the software that users choose to have installed on their server cannot be prevented with general server security.
By being knowledgeable and familiar with common forms of attacks, you can ensure both that your account is secure against preventable compromises that you are in control over, and be better prepared to recover from the compromises that catch you by surprise.

What Security Measures Does HostGator Provide?
HostGator (and of course Smart Marketings) are protected from DDoS attack (UDP flood).
We have an extensive custom firewall rule and large mod_security rulesets protecting our servers from a variety of forms of attack. If we do experience heavy flooding, we have our datacenter enable network level flood protection. Our datacenters are all highly secure facilities with restricted access.
Our other server security methods and precautions are confidential.

What Security Measures are My Responsibility?

You are responsible for the security of any passwords, settings, or software that you have the access to change or install on your account. By hosting on HostGator shared servers, you have agreed to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to 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 or update your password before suspending your account.
Being aware of these responsibilities is important, as an account that is found to be compromised may be disabled and/or terminated per our Terms of Service. Failure to clean your account after being notified by Smart Marketings of an ongoing issue may result in having your account disabled. Upon your request, Smart Marketings may clean-up your account for an additional fee.

What Can I do to be More Secure?

Smart Marketings recommends a number of actions and services which can help you maintain security on your website. The following security tips are offered in order to help our clients maintain site security and protect their accounts:

Update Scripts and CMS Installations

The vast majority of account compromises are caused by malicious users who have found exploits in scripts installed on an account. Therefore, the best advice we can offer is to make sure that all CMS installations, as well as any related themes, plugins and other add-ons, are kept up-to-date. Most CMS software has an option to update from within the administration panel; however, the following resources may be of further assistance:

If your software was installed with QuickInstall, please see the following article for details on how to enable automatic updates:

Update Passwords
Another common form of compromise is due to exploited passwords. These compromises can occur in one of two ways: a brute force compromise or through virus/malware on a local computer.

Brute Force Compromise

In a brute force compromise, the attacker will repeatedly guess the password until the correct combination is guessed. While our servers do have certain amounts of brute force protection enabled, we suggest creating a complex password made up of at least three of the four major character types.

  • Uppercase Letters (A-Z)
  • Lowercase Letters (a-z)
  • Numbers  (0-9)
  • Special characters (-_.,!@#$%^&*)

When updating passwords, we also suggest that you do not use previously used passwords. This is due to the fact that once a password has been compromised, it will remain that way indefinitely. So, if a password is reverted back, the account will most likely be compromised again.

Viruses and Malware

Another form of password compromise occurs when account passwords are stolen using viruses/malware located on local computers from which accounts are accessed. This malware sniffs out passwords used and stored by FTP and other programs. In order to protect against this form of attack, full virus and malware scans should be run on all computers which access the account to ensure that they are clean. We recommend following the instructions found here:

Depending on your operating system, there are plenty of options to choose from regarding PC virus scanning. Please see the list below for some options available to you.
WindowsWindows

MacMac

LinuxLinux

Make Regular Backups
Be sure to make regular backups of your account in case there is a compromise. While HostGator does make weekly backups for Shared, Reseller, and VPS accounts as stated in their Backup Policy, we will restore a backup for free when you provide your own backup and fill out the HostGator restore form. For more details on how to create your own backups, please read:

Additional Preventive Steps
Other preventive steps you may take to improve site security include but are not limited to the following:

  • Make sure all file permissions are set for 644 and all directories are set for 755. See How to Change Permissions (chmod) of a File for more information.
  • Remove scripts and databases which are no longer in use. This will help eliminate the possibility of unused and outdated scripts being compromised.
  • Move configuration and other files containing passwords to a secure directory outside of the public_html folder to make them publicly inaccessible.
  • Edit your php.ini file with the following lines:
    • register_globals = Off
    • display_error = Off
  • Use secure connections whenever possible to connect to your account. See more information on this through the links and steps below:

Site Hacked?
If you find that your site has been compromised, please refer to the following articles for detailed instructions on how to properly remove the hack:


Any changes to this Security Policy will be posted on this page.
If you have specific Security-related concerns, please send mail here or here..

Last updated: Saturday, 07/09/2016 2:16 PM

FREE Initial Consulting

FREE Initial Consultation - Contact us today!

FREE initial consultation!  😎

We consult with you up to 30 minutes to talk about your web site or other business needs.

Click button below to start.


We consult with you (for FREE!) 😎 up to 30 minutes at the date, time and location of our mutual acceptance.

We will talk about:

  • WWW site design
  • Custom programing solutions (databases, standalone apps, rich media, etc.)
  • SEO (Search Engine Optimization)
  • Design/Print
  • Audio/Video needs
  • Social Media integration
  • or whatever else you have in mind 😉

Our default meeting place is:
2725 N Westwood Blvd Suite 8
Poplar Bluff, MO 63901
USA

But you may also choose Skype and even add your own meeting place.

If you choose Skype you will be given the option to enter your Skype ID which will be used for this teleconference session.

Please choose the date, time and location for this meeting in the given form after you have added it to your cat..

FREE one-click installers

Our FREE one-click installers

FREE One-Click Installs for the Most Popular Applications

Below you will find some available applications you can install easily onto your hosting account! With our one-click install functionality there is no technical knowledge required. You can install anything from blog tools, CMS platforms to E-Commerce applications. The choice is yours!

Note: we certainly do NOT agree with the typical “one-click installers” default security.
For a more professional (hence more secure server) please contact us to arrange the best solution for your business today.

We have easy installers for the following areas:

  • Blogs & Website Builders
  • Classifieds
  • Client Management
  • eCommerce
  • Education
  • Forms & Surveys
  • Forums
  • Guest-books
  • Mailing Lists
  • Photo Galleries
  • Project Management
  • Social Networking
  • Statistics
  • Support & Live Chat
  • Utilities
  • Web mail
  • Wiki

We have well over 100 scripts for your use now! And we have access to hundreds more if you need them. There are many other open source scripts out there that are all FREE to use through our c-Panel system. Do you have something special in mind? For a custom installation of another script contact us today and we’ll give you a free quote to install your custom script. If you accept the quote, we will then professionally install and secure (on your server or ours) any of these open-source scripts shown below.

 

cpanel top security features

MOJO Marketplace

MOJO Marketplace

Smart Marketings has partnered with MOJO Marketplace to provide customers access to premium graphics, themes, templates, plugins and extensions for most major scripts, including those found in HostGator’s one-click installer, QuickInstall. Links to MOJO Marketplace are available in the Special Offers section of cPanel for Shared hosting accounts.

All marketplace items include details about product specifications (compatibility and includes), developer notes, a support forum, customer reviews and seller information, giving customers the power to purchase products that are right for their needs.

Note: Support for products purchased through the MOJO Marketplace must be obtained directly from MOJO Marketplace via their Support Center.

MOJO Graphics & LogosGraphics & Logos

The MOJO Graphics and Logos icon is a gateway to the MOJO website design marketplace where customers can browse and purchase professional quality:

  • Logo designs
  • Business cards
  • Icon sets
  • Vector graphics
  • Stock graphics
  • Fonts

MOJO Themes & Templates

Themes & TemplatesMOJO Marketplace offers top-notch themes and templates that can be used for various popular applications. Popular application themes include:

  • WordPress
  • Joomla
  • Magento
  • Drupal
  • Weebly
  • Tumblr and many more!

MOJO Plugins & Extensions

Plugins & ExtensionsMOJO Marketplace offers an extensive selection of the top website plugins and extensions for various applications. Available plugins and extensions include:

  • WordPress plugins
  • Magento extentions
  • PHP scripts
  • Javascript Code
  • CSS Code
  • HTML5 Code

Contact Us

We’re currently accepting new clients. Think we might help? We’d love to hear from you.

Where to meet: 1901 Sunset Dr, Poplar Bluff, MO 63901

Phone: +1 573-772-4020

New business:

sales@smartmarketings.com

Employment:

info@smartmarketings.com

DMCA Notice & Takedown Procedure

Digital Millennium Copyright Act Notice and Takedown Procedure
 
Smart Marketings intends to fully comply with the Digital Millennium Copyright Act (“DMCA”), including the notice and “take down” provisions, and to benefit from the safe harbors immunizing Smart Marketings from liability to the fullest extent of the law. Smart Marketings reserves the right to terminate the account of any Client and/or Member who infringes upon the copyright rights of others upon receipt of proper notification by the copyright owner or the copyright owner’s legal agent. 

Included below are the processes and procedures that Smart Marketings will follow to resolve any claims of intellectual property violations:

 
A) Notice for Claims of Intellectual Property Violations.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Smart Marketings’ Copyright Agent with the following information:
  • 1. An electronic or physical signature of the person authorized to act on behalf of the owner (the “Complainant:) of the copyright or other intellectual property interest that has allegedly been infringed;
  • 2. A description of the copyrighted work or other intellectual property that the Complainant claims has been infringed;
  • 3. A description of where the infringing material or activity that the Complainant is located on the Site, with enough detail that we may find it on the Site (e.g., unique URL to the file);
  • 4. The name, address, telephone number and email address of the Complainant;
  • 5. A statement by the Complainant that upon a good faith belief the disputed use of the material or activity is not authorized by the copyright or intellectual property owner, its agent or the law; and
  • 6. A statement by the Complainant made under penalty of perjury, that the Complainant is the copyright or intellectual property owner or is authorized to act on behalf of the copyright or intellectual property owner and that the information provided in the notice is accurate.
Smart Marketings’ Copyright Agent for Notice for Claims of Intellectual Property Violations can be reached as follows:
By E-Mail: abuse@smartmarketings.com
 
B) Smart Marketings’ Response to Notice for Claims of Intellectual Property Violations.
Upon Smart Marketings’ receipt of a Notice for Claims of Intellectual Property Violations, Smart Marketings will take the following steps:
  • 1. Promptly remove or disable access to the material or activity claiming to be infringing;
  • 2. Notify the Client and/or Member responsible for posting the alleged infringement of copyright or other intellectual property rights that the material or activity has been removed or access to it has been disabled; and
  • 3. Provide the Client and/or Member with a Counter Notification Form outlining the steps they are required to follow if they wish to respond.
 
C) Counter Notification Form.
If a Client and/or Member receives notice that a material or activity posted on the Site was removed or disabled and the Client and/or Member wishes to dispute the Notice for Claims of Intellectual Property Violations, the Client and/or Member must provide Smart Marketings’ Copyright Agent with the following information:
  • 1. An electronic or physical signature of the Client and/or Member;
  • 2. A description of the copyrighted work or other intellectual property that has been removed or disabled and the location where the material appeared before removed or disabled;
  • 3. A statement by the Client and/or Member, made under penalty of perjury, that the Client and/or Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  • 4. The Client and/or Member’s name, address, telephone number and email address, and a statement that the Client and/or Member consents to the jurisdiction of the United States District Court for the judicial district in which the Client and/or Member’s residence is located if in the United States, or a similar court in the country of the Client and/or Member’s residence. The Client and/or Member must also provide a statement that they will accept service of process from the Complainant.
 
D) Smart Marketings’ Response upon Receipt of a Counter Notification Form.
Upon Smart Marketings’ receipt of a Counter Notification Form, Smart Marketings will take the following steps:
  • 1. Promptly provide the Complainant with a copy of the Counter Notification Form;
  • 2. Promptly inform the Complainant that the removed or disabled material or activity will be replaced or re-enabled in not less than ten (10), but no more than fourteen (14), business days unless Smart Marketings’ Copyright Agent first receives notice that the Complainant has filed an action seeking a court order to restrain the Client and/or Member from engaging in infringing activity relating to the material or activity on the Site; and
  • 3. After the period in Section (D)(2) above has elapsed, replace or re-enable the disabled material unless a notice of action as defined in Section (D)(2) above has been received (unless the material is determined by Smart Marketings in its sole discretion to potentially infringe any intellectual property rights).
To the extent the notices and “take down” requirements above deviate from the requirements under the DMCA, then the notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and in the sole discretion of Smart Marketings, Clients, and Client and/or Members who are deemed to be repeat copyright infringers. We may also in our sole discretion limit access to the Site and/or terminate the account of any Client and/or Client and/or Member who infringes upon any intellectual property rights of others, whether or not there is any repeat infringement.

Privacy Policy

Privacy Policy

Last updated on February 14, 2014

We, Smart Marketings. (“Smart Marketings”), are committed to protecting any data that we collect concerning you. By using our services you agree to the use of the data that we collect in accordance with this Privacy Policy. The purpose of this Privacy Policy is to enable you to understand what personal information of yours is collected, how and when we might use or share your information, and how you can correct any inaccuracies in the information. This Privacy Policy also explains our online information practices and the choices you can make about the way your information is collected and used.

Safe Harbor. We are also firmly committed to the EU-US and US-Swiss Safe Harbor program and have certified that we adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. Smart Marketings’s Safe Harbor Certification and more information about the Safe Harbor principles can be found here http://www.export.gov/safeHarbor/.

  • Who We Are

    Smart Marketings provides cloud-based solutions, including web hosting, domain name registration and related products and services, to businesses, individuals, non-profit organizations and others.

    The information that Smart Marketings collects in connection with the Services is hosted on servers located in the United States (U.S.), unless otherwise provided. By using the Services, you freely and expressly give Smart Marketings your consent to export your information and data to the U.S.

  • Information Collected

    We collect the following types of information from you to provide you with the products and services you purchased and for the purposes described below. We may collect any or all of the information via both automated means such as communications profiles or cookies.

    Personal Information. The personal information we collect depends on the type of service, support, or sales inquiry, and may include your name, address, telephone number, fax number and email address, dates of service provided, types of service provided, payment history, manner of payment, amount of payments, date of payments, domain name, credit card or other payment information. The financial information will only be used to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. When transferring personal information a security icon will appear in your browser.

    Cookies and Tracking. Your Internet browser has the in-built facility for storing small text files – “cookies” – that hold information which allow a website to recognize your account. We use cookies to save your preferences and login information, and to provide personalized functionality. We may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our telecommunications networks. More specifically, we use different types of cookies for different purposes: (i) “required cookies” are necessary for our website to work properly, (ii) “performance cookies” allow us to analyze how Visitors use our website so we can measure and improve the performance of our website, (iii) “functional cookies” allow us to remember choices you may have made on our website, and (iv) “advertising cookies” are used to present ads that are relevant to your interests. We may utilize cookies to track referrals from internal and external affiliates, as well as advertising campaigns. We may also use a third party service provider to send emails that you have agreed to receive. Pixel tags and cookies may be used in those email messages to help us measure the effectiveness of our advertising and to enable us to provide more focused marketing communications to you. You can reject cookies by changing your browser settings, but be aware that this will disable some of the functionality on the Smart Marketings.com website.

    Customer Surveys. We may periodically conduct customer surveys. Participation in our customer surveys is voluntary. However, we encourage our Users to participate in these surveys because they provide us with important information that helps us improve the types of services we offer and how we provide them to you. Your personal information, if provided, will remain confidential, even if the survey is conducted by a third party service provider on our behalf.

    Social Media. Our website includes social media features (such as the Facebook “Like” button). These features may collect your IP address and which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features and widgets may be hosted by a third party or directly on our website. Your interactions with these features are governed by the privacy policy of the company providing the feature.

    Data and Information Submitted to Third Parties on Our Network.This Privacy Policy does not apply to data or personal information that may be submitted to, or collected by, third-party websites hosted by Smart Marketings or to domain names registered by Smart Marketings. Such websites and domain names are not owned or controlled by Smart Marketings. You should independently evaluate the privacy policies of such third-party websites before submitting data or personal information to them.

  • Information Use

    Personal Information. The information we collect is used for billing and to provide service and support to our customers. We may study this information to determine our customers’ needs and to promote certain products and services or additional support. We may also generate non-identifying and aggregate profiles from information that our customers provide during registration (such as the total number of customers in a given category). This aggregated and non-identifying information may be used to promote advertisements that appear on our website and in connection with our services.

    We take reasonable precautions to prevent unauthorised access to your information. Accordingly, we may require you to provide additional forms of identity should you wish to obtain information about your account details. Smart Marketings may also use the information you provide to email Smart Marketings’s monthly newsletter to the primary contact e-mail on file, or to contact you about other products or services that we think may be of interest.

    Log Files. We use IP addresses to analyze trends, administer our site and servers, track access, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. However, it is possible that personal information about a customer may be included in the log files due to the normal functions of IP addresses and Web browsing.

    Customer Surveys We may use the contact and other information provided to follow up with customers who respond to our customer surveys to help resolve issues internally or with our third party partners. For example, Smart Marketings may contact customers based on their survey answers or to highlight certain changes we made in response to customer feedback.

  • Disclosing Information

    Partners and Sponsors. Some of our products or services are offered or promoted to our customers in conjunction with a partner or sponsor, or another brand or company within our corporate family. We may share your information with these parties to offer the product or service or to facilitate your use of additional amenities included with your hosting account. For example, one of our partners may provide services to you based on links that you access from your control panel.

    We may also disclose aggregate, anonymous data based on information collected from users to potential partners, reputable third parties and other companies or brands within our corporate family. We will only share your information with third parties that agree to maintain your information in confidence and to use it solely for purposes of providing the product or service as agreed to by Smart Marketings.

    Service Providers. We may transfer (or otherwise make available) your personal information to third parties that help us provide our services or provide services on our behalf. For example, we may use service providers to authorize and process payments, administer surveys, or run promotions. Your personal information may be maintained and processed by our third party service providers in the United States or in other jurisdictions. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other purposes.

    Online Advertisements. We do not share personally identifiable information about individual customers with advertisers. We may display online advertisements and we may share aggregated and non-identifying information about our customers that we collect through the registration process or through online surveys and promotions with certain advertisers. In some instances, we use this aggregated and non-identifying information to deliver tailored advertisements. For example, an advertiser may tell us the audience they want to reach (e.g., males between 25 and 55 years of age) and provide us with an advertisement tailored to the audience. Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience.

    Customer Surveys. We may share customer information obtained from customer surveys within Smart Marketings and our corporate family, and with trusted third parties to develop or provide products and services that we believe would be of interest to our customers.

    Domain Registration. In certain jurisdictions or pursuant to the rules of the Internet Corporation for Assigned Names and Numbers (“ICANN”) or certain registries, the contact information you provide to register a domain name (“Domain Name Registration Information”) has to be made available and accessible to the public through a “WHOIS” search. The WHOIS database is a publicly accessible database that lists the Domain Name Registration Information for a particular domain name, the name server(s) to which the domain name points, and the domain name’s creation and expiration date. The Domain Name Registration Information you provide is hosted by us or a third party service provider and is made available to the public through WHOIS searches. At times, customers may receive solicitations that result from searches of the publicly available WHOIS database by other companies or individuals. Any such solicitations or SPAM do not come from Smart Marketings and we do not control the use of WHOIS information by third parties. Further, pursuant to ICANN rules, Smart Marketings is required to make WHOIS data available to any third party that enters into a bulk access agreement. While ICANN allows individuals to opt-out (using the account management panel, domain management console or similar service) of having their WHOIS information made available to third parties through bulk access, companies, such as ours, businesses, and other organizations do not have the ability to opt-out of having their information made available to a third party that enters a bulk access agreement. We may also deposit your Domain Name Registration Information with a third-party escrow provider to comply with ICANN requirements.

    Law Enforcement and Special Cases. We cooperate with government and law enforcement officials to enforce and comply with the law. We will disclose any information about users upon a valid request by government or law officials as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect your property and rights, or the property and rights of a third party, to protect the safety of the public or any person, or to stop activity that we consider illegal or unethical.

  • Your Options

    Correcting/Updating Personal Information. If a customer’s information changes, or if a customer no longer desires our services, we will endeavor to provide a way to correct, update or remove that customer’s personal data in our records. In most cases, this can be achieved via our billing system at http://smartmarketings.com/manage or by emailing us at privacy@smartmarketings.com.

    Opt Out. By default, customers will receive invoices, any system updates, Smart Marketings newsletters and other mailings. Customers are able to opt out of newsletters and mailings by using the unsubscribe link in any promotional email or as otherwise provided in the communication. Please note that customers may not opt out of receiving important system notifications or emails about their accounts.

    Public Forums. Please remember that any information you may disclose or post on public areas of our websites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas. To request removal of your personal information from our community forums or testimonials, contact us at privacy@smartmarketings.com. In some cases, we may not be able to remove your personal information, in which case we will let you know why we are unable to do so.

  • Data Security

    Smart Marketings uses technical security measures to prevent the loss, misuse, alternation or unauthorized disclosure of information under our control. Smart Marketings uses security measures including and not limited to: physical, electronic and managerial procedures to safeguard and secure the information we collect online. All sensitive information is collected on a secure server. When we ask customers or users to provide financial information (such as a credit card number) that data is protected using Secure Sockets Layer (“SSL”) technology.

  • Children

    This website is not directed towards children and we do not seek to collect any personal information from children. If we become aware that personal information from a child under the age of 13 has been collected, we will use all reasonable efforts to delete such information from our database.

  • Reseller Relationships

    In addition to all of the terms and conditions set forth above, the following terms apply to Reseller relationships only.

    Information Related to Data Collected through Resellers. Smart Marketings may collect information under the direction of our Resellers, and we have no direct relationship with the individuals whose personal data is provided, processed or obtained by our Resellers. Customers who seek access, or who seek to correct, amend, or delete inaccurate data should direct their query to the Reseller’s data controller. If the Reseller requests that we remove the data, we will respond to such request within thirty (30) business days.

    Choice. If you are a customer of one of our Resellers and would no longer like to be contacted by such Reseller, please contact the Reseller from whom you purchased products or services.

    Data Retention. We retain personal data we process on behalf of our Resellers for as long as needed to provide services under the relationship. We will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

  • Changes to this Policy

    We reserve the right to revise, amend, or modify this Privacy Policy at any time and in any manner. However, if we plan to materially change how we plan to use previously collected personal information, we will provide you with advance notice prior to the change becoming effective and an opportunity to opt-out of such differing uses. We encourage you to periodically review this page for the latest information on our privacy practices.

    Last Updated: February 14, 2014

  • Contacting Us

    Concerns. Smart Marketings encourages individuals covered by this Privacy Policy to raise any concerns about our processing of personal information by contacting Smart Marketings at the address below.

    1408 Big Bend Rd
    Poplar Bluff, MO, 63901
    United States of America

    Smart Marketings will seek to resolve any concerns. Smart Marketings has also agreed to participate in the dispute resolution program provided by the European Data Protection Authorities.

    Questions. If you have any questions about our Privacy Policy, or if you want to know what information we have collected about you, please email us at privacy@smartmarketings.com.

Terms of Service

Terms of Service

Our Terms have changed starting January 16, 2016

These Terms of Service were updated on January 16, 2016 with the addition of Section 2(E) in response to recent changes to EU Safe Harbor Policy.

 

These Terms of Service (the “Agreement”) are an agreement between Smart Marketings (“Smart Marketings” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Smart Marketings and of the Smart Marketings.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

  • Additional Policies and Agreements
    • Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
    • Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
  • Account Eligibility
    • By registering for or using the Services, you represent and warrant that:
      • You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
      • If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
    • It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Smart Marketings is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the Smart Marketings Billing and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
    • You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
    • Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
    • The Service and any data you provide to Smart Marketings is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.
  • Transfers

    Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Smart Marketings be held liable for any lost or missing data or files resulting from a transfer to or from Smart Marketings. You are solely responsible for backing up your data in all circumstances.

  • Smart Marketings Content

    Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Smart Marketings Content”), are the proprietary property of Smart Marketings or Smart Marketings‘s licensors. Smart Marketings Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Smart Marketings Content. Any use of Smart Marketings Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Smart Marketings Content. All rights to use Smart Marketings Content that are not expressly granted in this Agreement are reserved by Smart Marketings and Smart Marketings‘s licensors.

  • User Content
    • You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Smart Marketings that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

      Solely for purposes of providing the Services, you hereby grant to Smart Marketings a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Smart Marketings does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
    • Smart Marketings exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Smart Marketings‘s computers, network hubs and points of presence or the Internet. Smart Marketings does not monitor User Content. However, you acknowledge and agree that Smart Marketings may, but is not obligated to, immediately take any corrective action in Smart Marketings‘s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Smart Marketings shall have no liability due to any corrective action that Smart Marketings may take.
  • Third Party Products and Services
    • Third Party Providers
      Smart Marketings may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

      Smart Marketings does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Smart Marketings is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
    • Smart Marketings as Reseller or Licensor
      Smart Marketings may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Smart Marketings Products”). Smart Marketings shall not be responsible for any changes in the Services that cause any Non-Smart Marketings Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Smart Marketings Products, either sold, licensed or provided by Smart Marketings to you will not be deemed a breach of Smart Marketings‘s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Smart Marketings Product are limited to those rights extended to you by the manufacturer of such Non-Smart Marketings Product. You are entitled to use any Non-Smart Marketings Product supplied by Smart Marketings only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Smart Marketings Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Smart Marketings Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
    • Third Party Websites
      The Services may contain links to other websites that are not owned or controlled by Smart Marketings (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
  • Prohibited Persons (Countries, Entities, And Individuals).
    The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, Smart Marketings also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
  • Account Security and Smart Marketings Systems.
    • It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to 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 or update your password before suspending your account.
    • The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Smart Marketings may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
    • Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Smart Marketings may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
    • Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Smart Marketings of an issue, we reserve the right to leave access to services disabled.
    • Smart Marketings reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
  • HIPAA Disclaimer. We are not “HIPAA compliant.”
    You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Smart Marketings does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Smart Marketings is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact feedback@SmartMarketings.com.
  • Compatibility with the Services
    • You agree to cooperate fully with Smart Marketings in connection with Smart Marketings‘s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Smart Marketings is not responsible for any delays due to your failure to timely perform your obligations.
    • You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Smart Marketings to provide the Services, which may be changed by Smart Marketings from time to time in our sole discretion.
    • You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Smart Marketings does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
  • Billing and Payment Information
    • Prepayment.
      It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
    • Autorenewal.
      Unless otherwise provided, you agree that until and unless you notify Smart Marketings of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
    • Taxes.
      Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Smart Marketings‘s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
    • Late Payment.
      All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Smart Marketings may suspend or terminate your account and pursue the collection costs incurred by Smart Marketings, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Smart Marketings will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
      Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact Smart Marketings directly after you make a late payment to reactivate the dedicated server.

    • Domain Payments.
      It is solely your responsibility to notify Smart Marketings’s Billing department via a support ticket created from https://smartmarketings.com/manage/submitticket.php after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Smart Marketings is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

    • Fraud.
      It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Smart Marketings may report any such misuse or fraudulent use, as determined in Smart Marketings‘s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
    • Invoice Disputes.
      You have ninety (90) days to dispute any charge or payment processed by Smart Marketings. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
    • Payment Card Industry Security Standard Disclaimer.
      Smart Marketings complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. Smart Marketings does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
  • Money-back Guarantee
    • Dedicated Servers.
      There are no refunds on dedicated servers. The forty-five (45) day money- back guarantee does not apply to dedicated servers.
    • Managed shared, VPS and Reseller Services.
      Smart Marketings offers a forty-five (45) day money- back guarantee for Smart Marketings‘s managed shared, VPS, and reseller hosting services only. Subject to the terms described in Section 13 below, if you are not completely satisfied with these hosting services and you terminate your account within forty-five (45) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
  • Cancellations and Refunds
    • Payment Method.
      No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
    • Money-back Guarantee.
      If an account with a forty-five (45) day money-back guarantee is purchased and then cancelled within the first forty-five (45) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the Smart Marketings Support Team (the “Refund Request”) within ninety (90) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic shared, VPS and reseller hosting fees previously paid by you to Smart Marketings for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 13. Requests for these refunds must be made in writing to the Smart Marketings Support Team. Refunds will only be issued for basic shared, VPS and reseller hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
    • Refund Eligibility.
      Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
    • Non-refundable Products and Services.
      There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Smart Marketings‘s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
    • Cancellation Process.
      You may terminate or cancel the Services by giving Smart Marketings written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Smart Marketings may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

      All cancellations MUST be submitted online at least 30 days prior to your next billing cycle.
      Click “Contact Us” for all cancellations – then choose “Cancellation of Services” – fill in the rest of the required fields.
      Note: ALL Dedicated Servers require a 30 day notice of cancellation.


      Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received….” Smart Marketings will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone at: 1-573-718-9713
      We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.


      Cancellations for shared and reseller accounts will be effective on the account’s renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.
    • Domains.
      Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Smart Marketings‘s Billing department via a support ticket created from https://smartmarketings.com/manage/submitticket.php to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
    • Foreign Currencies.
      Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Smart Marketings is not responsible for any change in exchange rates between the time of payment and the time of refund.
    • Termination
      Smart Marketings may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Smart Marketings or others or cause Smart Marketings or others to incur liability, as determined by Smart Marketings in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Smart Marketings shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Smart Marketings may charge you for all fees due for the Services for the remaining portion of the then current term.
      UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

  • CPU, Bandwidth and Disk Usage
    • Permitted CPU and Disk Usage.
      All use of hosting space provided by Smart Marketings is subject to the terms of this Agreement and the Acceptable Use Policy.
      • Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Smart Marketings expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Smart Marketings may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Smart Marketings‘s terms and conditions.
      • Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
    • Bandwidth Usage.
      Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.
  • Uptime Guarantee.
    If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Smart Marketings and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit https://smartmarketings.com/manage/submitticket.php to create a support ticket to our Billing department with justification [within thirty (30) days of the end of the month for which you are requesting a credit]. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
  • Reseller Terms and Client Responsibility
    • Resellers shall ensure that each of their clients complies with this Agreement.
    • Resellers are responsible for supporting their clients. Smart Marketings does not provide support to clients of Smart Marketings‘s resellers. If a reseller’s client contacts Smart Marketings, Smart Marketings reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client. All support requests must be made by the reseller on its client’s behalf for security purposes.
    • Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Smart Marketings will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
    • Smart Marketings is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify Smart Marketings from and against any and all claims made by any User arising from the reseller’s acts or omissions.
    • Smart Marketings reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by Smart Marketings.
    • Resellers in the Smart Marketings Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
  • Shared (non-reseller accounts)
    Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
  • Dedicated Servers
    Smart Marketings reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. Smart Marketings reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. Smart Marketings will not be liable for any loss of data resulting from such deletion.
  • Price Change
    Smart Marketings reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Smart Marketings through the user billing tool or through other methods of communication, including notices sent or posted by Smart Marketings.
  • Coupons
    Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
  • Limitation of Liability
    IN NO EVENT WILL Smart Marketings ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Smart Marketings IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Smart Marketings‘ LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Smart Marketings FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
  • Indemnification
    You agree to indemnify, defend and hold harmless Smart Marketings, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
  • Arbitration
    By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by Smart Marketings and will be held at the AAA location chosen by Smart Marketings in Texas. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Smart Marketings will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and Smart Marketings alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Smart Marketings in violation of this paragraph, you agree to pay Smart Marketings‘ reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.
  • Independent Contractor
    Smart Marketing and User are independent contractors and nothing contained in this Agreement places Smart Marketings and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
  • Governing Law; Jurisdiction
    Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Texas. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
  • Disclaimer
    Smart Marketings shall not be responsible for any damages your business may suffer. Smart Marketings makes no warranties of any kind, expressed or implied for the Services. Smart Marketings disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Smart Marketings or our employees.
  • Backups and Data Loss
    Your use of the Services is at your sole risk. Smart Marketings‘s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at Smart Marketings‘ sole discretion. Smart Marketings does not maintain backups of dedicated accounts. Smart Marketings is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Smart Marketings‘ servers.

    Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.
  • Limited Warranty
    THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, Smart Marketings AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. Smart Marketings AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. Smart Marketings AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
  • Disclosure to Law Enforcement
    Smart Marketing may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

  • Entire Agreement.
    This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
  • Headings.
    The headings herein are for convenience only and are not part of this Agreement.
  • Changes to the Agreement or the Services
    • Smart Marketings may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Smart Marketings website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
    • Smart Marketings reserves the right to modify, change, or discontinue any aspect of the Services at any time.
  • Severability
    If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
  • Waiver
    No failure or delay by you or Smart Marketings to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
  • Assignment; Successors
    You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Smart Marketings. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Smart Marketings may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
  • Force Majeure
    Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
  • Third-Party Beneficiaries
    Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.