Customer privacy is something we take very seriously at Smartycloud. Any customer information we gather is for internal use only. We do not sell or disseminate (except in cases where required to by law enforcement agencies) the personal information of our customers to any parties outside of Smartycloud, LLC for any purpose other than communicating messages provided by Smartycloud. We use customer information for the purposes of creating and maintaining individual customer accounts, for contacting customers in case of problems with their account(s), for sending personal information, for statistical purposes, to administer our systems, to provide product and marketing updates, and to provide technical support. Smartycloud may engage with companies or agencies that may come in contact with some customer data only in cases where that access is required to support Smartycloud's own goals and initiatives.
Terms of Service
In this Agreement, when we say "you," "your," and "Customer," we mean the owner of the Smartycloud LLC Account and the person utilizing the Service. When we say "we," "our," "us," "Provider," and "Smartycloud", we mean Smartycloud LLC.
There may be other agreements that govern our relationship besides this one. This Agreement is maintained independently of any other agreement(s) between us and you, and the enforcement of the terms of this Agreement will depend upon the terms of any other service agreements between us and you.
This Agreement may only be modified or supplemented by Smartycloud, and we reserve our right to amend or supplement this Agreement at any time, at our discretion. When we change it or supplement it, we will do our best to provide you notice and point out what is different or new.
1. THE SERVICE
Smartycloud services include the features and restrictions set forth in service packages outlined on Smartycloud, LLC's pricing page.
2. FEES AND PAYMENT
You will pay Smartycloud in advance for provision of the Service package you have purchased from us. If you exceed your package transfer allotment as stated in the service package description found on the pricing page, the cost for such overage will appear immediately on your next invoice.
2.2 CHANGES TO FEES
Smartycloud may change its fees and payment policies for the Service by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the pricing page. Any outstanding balance becomes immediately due and payable upon termination of the Service for any reason.
Invoices are issued as a courtesy. You will maintain awareness of the fees you owe to Smartycloud and will pay them when due. Any payment not paid when due will, at Smartycloud's option, bear interest at a rate of ten percent (10%) per month until paid. In addition to interest payments, Smartycloud may charge a late fee of $24.99 per month, starting on the first day after any payment is due. Such late fees are intended to defray Smartycloud's costs resulting from late payments and will constitute liquidated damages. The parties agree that such liquidated damages are reasonable in light of the harm delay will cause and the difficulties of proof of loss and the inconvenience and unfeasibility of otherwise obtaining an adequate remedy. None of the remedies listed in this subsection is exclusive of other remedies.
2.4. CREDIT CARD PAYMENTS
If paying by credit card, you will keep a valid credit card on file with Smartycloud and will update credit card information as necessary. You will be charged the first business day prior to the account due date, and Smartycloud may interrupt Service if a charge attempt is denied. If a charge attempt is denied, Smartycloud may levy a $9.99 declined credit card fee for each unsuccessful attempt.
2.5 CHECK PAYMENTS
If paying by check, all check payments are due upon the receipt of the the invoice sent to you from Smartycloud. A returned check will constitute a material breach of this Agreement, and you will incur a $50.00 returned check charge, in addition to any other remedies available to Smartycloud.
Smartycloud is not required to issue refunds or credits except as explicitly specified in this Agreement.
3. TERM & TERMINATION
This Agreement shall continue until terminated by either party pursuant to the procedures set forth herein. Customer may terminate this Agreement for convenience pursuant to the terms and provisions of the Service package purchased, provided that Customer will provide the required notice of termination to Smartycloud.
3.1 Month-to-Month Package Termination
Smartycloud may terminate this Agreement for convenience on thirty (30) days' notice.
3.2 Prepaid Package Termination
Smartycloud may terminate this Agreement for convenience on thirty (30) days' notice; provided that Smartycloud will refund any amounts paid pursuant to a Prepaid Package for the remainder of the Service Period.
3.3 Term Contract Package Termination
If Customer has a Term Contract Package, Smartycloud may terminate this Agreement for convenience at the end of the Service Period.
3.4 Breach of This Agreement
In the event of any breach of this Agreement, including without limitation any breach of the provisions of Section 4 (Acceptable Use) or of the payment obligations set forth in Section 2, Smartycloud may terminate the Services, any portion thereof, or this Agreement, immediately and without advanced notice. Smartycloud is not required to return any data or personal property to Customer after such termination, or to refund any fees paid or prepaid.
4. Acceptable Use
4.1 Compliance with Laws
Customer shall comply with all material applicable present and future federal, state, county, local, and, where necessary, municipal laws, ordinances and regulations relating to the operation of a website or online service.
4.2 Inappropriate Conduct
Customer acknowledges that any content displayed on their website or online service that is used for illegal, abusive or unethical activities may cause their Service to be immediately deactivated by SMARTYCLOUD without warning. Illegal, abusive or unethical activities include, but are not limited to, obscenity, violations of privacy, hacking, intended propagation of computer viruses, gambling or promotion of gambling, activities resulting in reduction or loss of server performance to other Customers (including but not limited to effects of bulk emailing or mail bombing), as determined by SMARTYCLOUD. Customer also acknowledges that if their Service is disabled for the reasons stated above, the monthly service fees still apply.
4.3 Unsolicited Electronic Mail
Customer is expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited.
5. Use of Trademarks & Trade Names
No right, title or interest in or to any trademarks, trade names, slogans, labels and designs used by either SMARTYCLOUD or Customer, nor the goodwill connected, is conveyed by this Agreement.
Service Level Agreement
This Smartycloud, LLC Service Level Agreement ("SLA") applies to all Customers. The Customer agrees that measurements via Smartycloud, LLC establish the eligibility for any incident to be considered a service interruption. In the event that the Customer determines that a discrepancy in such measurement exists, Customer shall promptly notify Smartycloud, LLC and Smartycloud, LLC and Customer will mutually agree upon the validity and accuracy of the measurement, and upon any applicable settlement of the issue.
This SLA may be amended at any time by Smartycloud, LLC.
Smartycloud, LLC Network is defined as the equipment, software, and facilities within the Smartycloud, LLC network segment, including Smartycloud, LLC's contracted ISP services to which the Smartycloud, LLC network segment is connected and collectively utilized by Smartycloud, LLC to provide services.
Service Availability is the total time in a calendar month that the Smartycloud, LLC Network is available through the Internet, provided that Customer has established connectivity. Smartycloud, LLC takes responsibility for the Service Availability within its immediate network segment, and cannot be held liable for problems directly related to an upstream bandwidth provider. The Smartycloud, LLC Network will be available to Customers free of Network Outages for 99.9% of the time.
Service Downtime is any unplanned interruption in Service Availability during which the Customer is unable to access the Smartycloud, LLC Network, provided the interruption is determined to have been caused by a problem in the Smartycloud, LLC Network as confirmed by Smartycloud, LLC. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability during a calendar month. Smartycloud, LLC is not responsible for any unplanned outages due to Customer software or Customer application failure. Customer software and Customer application failure is the direct responsibility of the Customer and not of Smartycloud, LLC.
Scheduled Service Downtime is any Smartycloud, LLC planned interruption of Hosting Services. Scheduled Service Downtime occurs during a Smartycloud, LLC server maintenance window, which occurs in conjunction with a 72 hour notice to the Customer via electronic communication. If an emergency maintenance window is required by Smartycloud, LLC, the notice period can be less than 72 hours.
Monitoring Service is the service Smartycloud, LLC provides in order to analyze availability of network based services and applications as provided to the Customer.
This SLA does not cover Service Downtime caused by problems in the following:
- Customer's local area network
- Customer-provided Internet connectivity or end-user software
- Entities inside Customer's internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment
Service Downtime Exclusions
The following are excluded from the monthly calculation of Service Availability:
- Any utilized Scheduled Service Downtime
- Any problems beyond the immediate Smartycloud, LLC network segment
- Any interruptions, delays or failures caused by Customer or Customer's employees, agents, or subcontractors, such as, but not limited to, the following:
- Inaccurate configuration
- Non-compliant use of any software installed on the server
- Customer initiated server over-utilization
- Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits