All elements of SMARTINFO's web site, including words,
images, and photos, are protected by trade dress (look and
feel of this site), unfair competition, and other laws and
may not be copied or imitated in whole or in part. No logo,
graphic, sound or image from any smartinfo.com.hk website
may be copied or retransmitted unless expressly permitted
by Smart-Info Limited.
SMARTINFO reserves the right to change this Policy any
time, so please, check this page frequently or when in doubt.
SMARTINFO's Policies, Guidelines, and Disclaimer are
intended for all domains residing on SMARTINFO servers, including
regular hosting clients, resellers, and their clients. By
using our web hosting services, you agree to comply with our
policies. SMARTINFO has
a zero-tolerance policy with regard to all Unacceptable
Content and Behavior and no exceptions will be made
to these policies.
SMARTINFO
strives to provide the best possible service to all our customers,
and therefore, we will not tolerate any unlawful activity
or abuse on our servers. We respect freedom of speech and
expression unless it is harmful to others. These policies
are imposed to protect you, other
SMARTINFO customers and us against such harm.
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Full payment is required before any hosting service
is rendered, which includes renewals. SMARTINFO
will accept Visa, Mastercard, Discover, American Express,
PayPal and money orders. If paying by credit card, the card
that you use to activate your account will be automatically
charged each month, unless you have chosen to pay for multiple
months. Prepayment is due each anniversary (monthly,
quarterly, semiannual or annual) following the date the account
was established. Billing will continue until you cancel your
hosting account. Existing customers who have established
a good credit rating with SMARTINFO
for a minimum of Six (6) months may pay by check. If
paying by check, you must prepay on a quarterly, semi annual
or annual basis. SMARTINFO
reserves the right to change prices at any time, unless other
terms have been agreed upon. Any returned checks for any reason
will be subject to a ¥200.00 returned check fee plus
collection fees if applicable.
All payment-due notices will be sent by electronic mail,
postal mail or fax. Prepayment is due each anniversary (one
month, three month, six month, one year) following the date
the account was established. Billing will continue until you
cancel your hosting account.
All past due accounts will be placed with collections
and any additional fees will be the responsibility of the
client and may be reported to the appropriate credit reporting
agencies if left uncollected.
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Upon receipt of proper cancellation notification, SMARTINFO
will cancel said account within (3) business days unless other
arrangements are made and all credit card charges or billing
will cease immediately. If the account has a balance due at
the time of cancellation, this balance must be paid in full
before the account can be cancelled. Cancellation does not
absolve the account holder of any outstanding financial obligations.
Billing for the account will continue until the balance is
paid in full.
SMARTINFO's services are independent of account usage
and domain name records, and are still in effect whether the
account holder's domain is pointing to SMARTINFO's name server
or to some other name server. If the account holder transfers
a domain without properly notifying SMARTINFO, they will continue
to be charged/billed until the cancellation guidelines have
been followed. In other words, until you have notified
SMARTINFO of your cancellation, we are still providing your
account with our services and you will be billed for same.
If you have any questions regarding this policy, please
contact us at
billing@smartinfo.com.hk.
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If you have a question about charges made to your account,
please contact us immediately. If the charges were made in
error, we will immediately credit your account or credit card
account for the appropriate amount.
If you dispute the credit card charge that we charge
for our services, we reserve the right to suspend your account
as soon as we are informed of it. Undeserved chargeback for
services received are considered theft and it hurts businesses
and raises prices for consumers.
Please do not request chargeback until you have spoken
with our billing department. There is a ¥400.00 fee
for chargeback. Any chargeback fees, past due fees and costs
will be sent to collections. If our collection efforts fail,
unpaid debts will be
reported to all available credit reporting
agencies and Host Abuse.
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SMARTINFO may not be the source, intermediary, or destination
address involved in the transmission of any unsolicited email,
email bombs, hate email, or any mass email. Your email account
may not be referenced as originator, intermediary, or reply-to
address of such email. We consider mass email any email message
sent to more than 100 email addresses or more than 10 news
groups. This is normal for most accounts since email is typically
downloaded from the server on a regular basis using an email
client such as Outlook, Outlook Express or Eudora.
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SMARTINFO is committed to a zero-tolerance, anti-spamming
policy. Under this policy, we prohibit spam, or any unsolicited
commercial email, from being sent either: Over the SMARTINFO
network, by customers or any other users of the SMARTINFO
network (including customers' customers); AND/OR over ANY
networkX if the message sent advertises or mentions a site
hosted on the SMARTINFO server.
We react quickly and seriously to violations, and we
further reserve the right to terminate the services, without
prior notice, of any customer disregarding this policy. Sending
unsolicited commercial email ("spam"), posting obscene
or threatening messages while using or referring to an SMARTINFO
email address or web site URL is prohibited. The use of SMARTINFO
servers as a mail drop for responses to activities described
above is also prohibited.
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SMARTINFO shall not be responsible for any claimed damages,
including incidental and consequential damages, which may
arise from SMARTINFO's servers going off-line or being unavailable
for any reason whatsoever. Further, SMARTINFO shall not be
responsible for any claimed damages, including incidental
or consequential damages, resulting from the corruption or
deletion of any web site from one of SMARTINFOs servers.
All damages shall be limited to the immediate termination
of service.
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SMARTINFO
shall be the sole arbiter of what is and is not a violation
of these acceptable use policies.
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SMARTINFO
reserves the right to terminate an account at any time and
for any reason that causes harm to any SMARTINFO customer's
web sites. SMARTINFO reserves the right to delete all content
and files upon termination.
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SMARTINFO
reserves the right to withhold any prepaid funds for any
site removed for violations of these policies.
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SMARTINFO
reserves the right to refuse, cancel, or suspend service
at our sole discretion.
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SMARTINFO
reserves the right to change these Policies without prior
notice or warning. Non-enforcement of any part of these
Policies does not constitute consent.
Violations of these Policies should be referred to
abuse@smartinfo.com.hk. All complaints will be investigated
promptly.
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| Content
and Use of Services |
SMARTINFO's services may be used for lawful purposes only. Transmission,
distribution or storage of any material in violation of any
applicable laws or regulations is prohibited. Linking to illegal
material is also prohibited.
Examples of illegality, unacceptable content, links
and behaviors include but are not limited to:
-
Pirated
software, pirating (distributing copyrighted material in
violation of copyright law, specifically MP3s, MPEG's, ROMs,
and ROM emulators)
-
Hacker
programs or archives
-
Warez
sites
-
Pornography
and sex-related merchandising; trafficking in obscene material;
sending a message or having content that is obscene, lewd,
lascivious, filthy, or indecent with intent to annoy, abuse,
threaten, or harass another person
-
Schemes
to defraud
-
Threatening
bodily harm or damage to individuals or groups
-
Spamming
- (sending unsolicited advertising to those with which the
customer has no existing business relationship, posting
off-topic advertising in newsgroups)
-
Spoofing
(using a return email address which is not the valid reply
address of the sender or sending an email message which
does not contain enough information to enable the recipient
to identify the party who is really sending the message
-
Trolling
(posting controversial messages in newsgroups to generate
responses)
-
Mail
bombing (inundating a user with email without any serious
intent to correspond)
-
Subscribing
someone else to an electronic mailing list without that
person's permission
-
Distribution
of mass emailing programs
-
Attempt
to circumvent any user authentication or security of host,
network, or account
-
Accessing
data not intended for user
-
Probing
the security of any network
-
Promulgation
of viruses
In addition, we do not allow any of the following without
prior written permission from SMARTINFO:
-
Chat
Rooms
-
Running
programs in the background on our servers without prior
written authorization
-
Internet
Relay Chat - IRC bots - We do not allow IRC or IRC bots
to be operated on our servers.
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| Server
Failure & Recovery |
SMARTINFOs
technical management team is 24-hours real-time monitoring
on our servers. If any server(s) is out of service suddenly,
we will carry out the following accident corrective action
plans.
1.
Server monitoring hardware and software will send alert messages
to our technical management team immediately.
2.
We will start the trouble shooting of server failure at the
same time through remote control software.
3.
If we cannot fix the problem(s) within 10 minutes, we must
visit our data centre(s) to solve the server problem(s) within
2 hours.
4.
After completion of server problem, we will generate the accident
notices to all affected clients by email to explain the reason(s)
and corrective action(s).
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Full backups are made weekly, and backups of new/changed
data made nightly. No guarantees are made of any kind, either
expressed or implied, as to the integrity of these backups.
Backups are made for server restoration purposes only. It
is the clients' responsibility to maintain local copies of
their web content any information. The "Backup"
is included in each hosting plan and client can use this tool
to back up their files. If loss of data occurs due to an error
of SMARTINFO, we will attempt to recover the date for no charge
to the client. If data loss occurs due to negligence of client
in securing their account or by an action of the client, SMARTINFO
will attempt to recover the data from the most recent archive
for a ¥500.00 fee.
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| Traffic
/ Bandwidth / Data Transfer |
SMARTINFO allows for very generous traffic, unless
they offer shareware, sound, video, image and multimedia archives,
are mirror sites or any site whose primary purpose is file
distribution. SMARTINFO customers are discouraged from storing
any files that cause excessive traffic on SMARTINFO servers.
Please contact SMARTINFO Technical Support team for more information.
Again, 99% of the sites do not fall into this category and
never reach our traffic limits.
You will be charged for all transfer that you use beyond
our generous data transfer limits without prior notification.
When your sites exceed bandwidth parameters, we must
monitor bandwidth usage and adjust your billing histories
accordingly.
You can monitor your transfer at anytime in your Control
Panel, and you can have us notify you when you are nearing
your limit by going to Account Management in your Control
Panel and setting up notification.
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Official Hours (Mon-Fri: 9:30am V 6:30pm; Sat: 9:30am
V 1:00pm)
During
official hours, SMARTINFO provides real-time customer support
to follow all our clients enquiries by phone or by email.
Within 1 hour of trouble shooting, SMARTINFO should reply
all previous enquiries to the clients by phone or email accordingly.
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Non-Official Hours
During
non-official hours, SMARTINFO provide 24-hours email support
to follow all our clients enquiries. Please send all enquiries
to
support@smartinfo.com.hk. Within 24-hours of trouble shooting,
SMARTINFO should reply all previous enquiries to the clients
by phone or email accordingly.
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