Terms of Use

ACCEPTANCE

1. SmilingHost.com is a provider of web hosting, electronic commerce, and e-mail solutions and other related services (collectively, the "Services"). The Services are provided through the servers, telecommunication connections and all related hardware, software, data storage and network interface connections and other such items, owned, operated or leased by HTML and used in connection with the provision of the Services (the "System"). In these terms and conditions, "we", "us" or "our" means HTML.

2. By accessing the System or using any of the Services, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Service or website, as all of the same may be modified by SmilingHost.com from time to time (collectively the "Terms and Conditions"). Please note that the Terms and Conditions may be updated from time to time without notice to you, so please check back periodically.

DOMAIN NAME REGISTRATION, PARKING AND HOSTING

1. Your credit card will be billed by TUBMAN Marketing Inc., the parent compnay of SmilingHost.com .

2. There is no charge for indefinite parking of domains on SmilingHost.com servers or to transfer your domain to another service provider.

3. Domain parking does NOT include web space, email services or hosting services.

4. If you have registered a domain name through SmilingHost.com and ordered hosting services, they will be available 24 hours after the initialization process begins. This includes DNS Support and web hosting support.

5. Domain name payments are non-refundable. Once a domain name is registered, the WHOIS database stores the information and is kept there for a period of one year, until the date of renewal.
Payment will NOT be credited back.

6. In the event that a misspelled domain name is registered, you as the customer are responsible for full payment of the registration fee if your email order contains the misspelled name.
There are NO refunds issued for misspelled domain names.
SmilingHost.com will be responsible for all spelling errors we may make.

7. SmilingHost.com offers a 30 day satisfaction guarantee on all email and hosting services. If during the first 30 days you are dissatisfied with our email and hosting services, we will issue you a full refund of paid email and hosting fees and help you move your domain and site to a new vendor.

REFUND POLICY

1. Domain name payments are non-refundable. Once a domain name is registered, the WHOIS database stores the information and is kept there for a period of one year, until the date of renewal.
Payment will NOT be credited back.

2. In the event that a misspelled domain name is registered, you as the customer are responsible for full payment of the registration fee if your email order contains the misspelled name.
There are NO refunds issued for misspelled domain names.
SmilingHost.com will be responsible for all spelling errors we may make.

3. SmilingHost.com offers a 30 day satisfaction guarantee on all email and hosting services.
If during the first 30 days you are dissatisfied with our email and hosting services, we will issue you a full refund of paid email and hosting fees and help you move your domain and site to a new vendor.

GENERAL

1.SmilingHost.com claims no control whatsoever over the content of the information passing through the System.

2. SmilingHost.com will not be responsible for any damage you suffer. This includes loss of data resulting from delays, non-deliveries, or service interruptions caused by our own negligence or your errors or omissions.

3. The SmilingHost.com System may only be used for lawful purposes. Transmission of any material in violation of any Federal, Provincial or local laws or regulations are prohibited. This includes, but is not limited to copyrighted material, material or material protected by trade secret.

4. SmilingHost.com has the right to refuse to host adult content and to remove it from its System at any time. Further, you are not permitted to distribute material promoting hatred against individuals or groups or any content, which may be deemed to be illegal according to the laws of your country of residence. We reserve the right to decline requests for web space rentals and to cancel any account at our discretion. You are also not permitted to distribute material promoting any form of network abuse (such as bulk spam mailers, sniffers, or hacking tools).

5. At SmilingHost.com discretion, access to System may be terminated or suspended at any time for breach of the Terms and Conditions or for abusive conduct on the system and/or the Internet and its resources as a whole. Sending spam (unsolicited email) from a domain or about a domain is considered abuse of the system and will result in the termination of your account and its officers are deemed as authority to define abusive conduct to the system, and definitions may periodically change or be amended to previous ones.

6. You agree that our entire liability, and your exclusive remedy, with respect to any Services and any breach of the Terms and Conditions is solely limited to the amount you paid for such Services. We and our agents and contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services provided; (6) loss or liability resulting from the interruption of the Services. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed five hundred ($500.00) dollars.

7. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including lawyers fees, relating to or arising under the Terms and Conditions, the Services or your use of the Services, including without limitation infringement by you, or someone else using the Services with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the Services. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of the Terms and Conditions and may result in deactivation of your domain name.

8. Use of any information obtained via the SmilingHost.com System is at your own risk. SmilingHost.com specifically denies any responsibility for the accuracy or quality of information obtained through its Services.

9. These Terms and Conditions supersede all previous representations understandings or agreements and shall prevail notwithstanding and variance with terms and conditions of any order submitted.

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