Terms & Conditions

Terms and Conditions of Service

Smart Art provides web hosting to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering service.

:: Smart Art Service Agreement

The Smart Art Service Agreement is a separate agreement between Smart Art and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for our services. Contact our sales dept. for any clarifications.

Link: Smart Art Service Agreement

:: End User Agreement

Customers may not sublease, sub host, or give away control of any portion of their Smart Art space and/or resources (indulging, but not limited to, e-mail accounts, space, ftp accounts, etc.), unless otherwise stated on our website.

:: Content

All services provided by Smart Art may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom, United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrete and other statue. The subscriber agrees to indemnify and hold harmless Smart Art from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any Smart Art server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Smart Art servers or any other server on the Internet. Links to such materials are also prohibited.

:: Examples of non-acceptable content or links

• Pirated software
• Bulk E-mail related products
• Pornography/Nudity/Adult Content
• Hacking/cracking related websites
• Warez and or copyrighted MP3 sites
• Illegal Material or material that is against public policy
• Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)

Smart Art will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!

:: System Resource Usage

If Smart Art's system administration determines that a customer's account is utilising an unacceptable amount of system resources, Smart Art may temporarily deactivate the account in question. If Smart Art's staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade the account to a higher grade account or locate to a new service provider. This only occurs in extreme cases.

Smart Art will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analysed individually.

:: Chat Rooms

We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as a account option. Clients are free to use the chat system that comes pre-installed on some accounts.

:: Background running programs

Customers are not permitted to run programs in the background on shared hosting servers. This tends to use a lot of system resources, and can impair service offered to other customers on that server.

:: Cron Jobs

We do allow Cron Jobs to be conducted on some of our servers. You can set-up and manage the cron jobs for your account from the "Cron" section of your Control Panel.

:: IRC

We currently do not allow IRC or IRC bots to be operated on our servers. Any account found to be in violation of this provision will be immediately suspended and/or deactivated.

:: Shell Access

Shell access is provided on an as-needed basis. It does not come enabled on accounts by default. A request for this feature must be sent to us via the "submit ticket" feature of our Client Area at www.cms-wales.co.uk/clients before it can be utilised (you must log in to use the "Submit Ticket" function). The request must include a domain name, username and explanation of why shell access is required. We reserve the right to refuse this service to any customer for any reason.

:: Commercial Advertising - E-mail (SPAM)

Spamming, or the sending of unsolicited e-mail, from a Smart Art server or using an e-mail address that is maintained on a Smart Art server is STRICTLY prohibited. Using SPAM to advertise a site hosted on Smart Art's network also constitutes as a violation of this provision. Smart Art will be the sole arbiter as to what constitutes a violation of this provision.

:: Server Abuse

Any attempts to undermine or cause harm to a Smart Art server or customer of Smart Art is strictly prohibited.

Smart Art will be the sole arbiter as to what constitutes a violation of this provision.

:: Failure to Follow Policies

If any terms or conditions are failed to be followed it will result in grounds for account deactivation. Any accounts and/or servers contained within Smart Art's network must adhere to the above policies.

We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, your will forfeit your rights to a refund -- and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offence, but no warning is required.

Smart Art reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.