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كيف ما حسبتها اسعارنا هي الانسب
كيف ما حسبتها اسعارنا هي الانسب احجز نسختك من نظام مراقبة الدوام |
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Smart Microsystems ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Smart Microsystems Hosting Service constitutes acceptance and agreement to Smart Microsystems Hosting's AUP as well as Smart Microsystems Hosting's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Smart Microsystems Hosting and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the state of Texas. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Smart Microsystems Hosting shall have the right to terminate all service set forth in this Agreement. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Payments and Fees: Credit cards that are declined for any reason are subject to a $5.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $10 reconnect charge. Accounts not paid by due date are subject to a $5 late fee. Accounts that are not collectable by Smart Microsystems Hosting may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Refund and Disputes: Refund Policy: Smart Microsystems Hosting offers a 30 day money back guarantee on hosting services only, does not cover any dedicated server. If, within 30 days of signing up for your account, you are not satisfied for any reason we will refund your annual service charges and any setup fees. Domain registration, web design, and consulting services are non-refundable. In the event of a server outage, you may be eligible for a partial or complete credit for your next year service. The service credits will work as follows: 99%-98% uptime 20%, 98%-97% uptime 40%, 97%-96% uptime 60%, 96%-95% uptime 80%, under 95% uptime 100%. If you feel that you may be eligible for a service credit, please send an email to sales@smart-mcrosystems.com. We will determine the actual uptime on your server based on the average of our internal and external monitoring services and will email you the results along with a credit voucher if applicable. Smart Microsystems Hosting Dedicated servers are guaranteed with 99.8 % up time including routine maintenance, extra bandwidth will be allocated to any server does not achieve the 99.8% up time grantee there will be no refund for dedicated server. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to cancel@smart-mcrosystems.com You must have all account information to cancel. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury. Support Boundaries: Smart Microsystems Hosting, provides 12 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Smart Microsystems Hosting provides support related to your virtual site physical functioning. Smart Microsystems Hosting does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Smart Microsystems Hosting does not provide technical support for YOUR clients. If you can email, we encourage you to email support@smart-mcrosystems.com for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.smart-mcrosystems.com/support.htm - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support. SPAM and Unsolicited Commercial Email (UCE): Smart Microsystems Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that clients of Smart Microsystems Hosting may not use or permit others to use our network to transact in UCE. Clients of Smart Microsystems Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Violation of Smart Microsystems Hosting's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Smart Microsystems Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Smart Microsystems Hosting may restrict client access to the network to prevent further violations. If a client is found to be in violation of our SPAM policy, Smart Microsystems Hosting may, at its sole discretion, restrict, suspend or terminate client's account. Further, Smart Microsystems Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Smart Microsystems Hosting will notify law enforcement officials if the violation is believed to be a criminal offense. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Smart Microsystems Hosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. As our Clients are ultimately responsible for the actions of their clients over the Smart Microsystems Hosting network, it is advisable that Clients develop a similar, or stricter, policy for their clients. IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their site immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the client. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
Network
IP Address Ownership: If Smart Microsystems Hosting assigns Client an Internet Protocol address for Client's use, the right to use that Internet Protocol address shall belong only to Smart Microsystems Hosting, and Client shall have no right to use that Internet Protocol address except as permitted by Smart Microsystems Hosting in its sole discretion in connection with the Services, during the term of this Agreement. Smart Microsystems Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Client by Smart Microsystems Hosting, and Smart Microsystems Hosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage: Client agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Client on the Order Form (the "Agreed Usage"). Smart Microsystems Hosting will monitor Client's bandwidth and disk usage. Smart Microsystems Hosting shall have the right to take corrective action if Client's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Smart Microsystems Hosting's sole and absolute discretion. If Smart Microsystems Hosting takes any corrective action under this section, Client shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a client exceeds the included allocation, Smart Microsystems Hosting may, at its sole discretion, collect a deposit, in an amount determined by Smart Microsystems Hosting, against client's credit card on file with Smart Microsystems Hosting. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Smart Microsystems Hosting Network. Violations of system or network security may result in civil or criminal liability. Smart Microsystems Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such User is not entitled. Notification of Violation:
Smart Microsystems Hosting is under no duty to look at each client's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. First violation: Any User, which Smart Microsystems Hosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Smart Microsystems Hosting's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations. Second Violation: Users that Smart Microsystems Hosting determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a client's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible. Suspension of Service or Cancellation: Smart Microsystems Hosting reserves the right to suspend network access to any client if in the judgment of the Smart Microsystems Hosting network administrators the client's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Smart Microsystems Hosting chooses. If inappropriate activity is detected, all accounts of the Client in question will be deactivated until an investigation is complete. Prior notification to the Client is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The client will not be credited for the time the client's machines were suspended. Smart Microsystems Hosting reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Smart Microsystems Hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy. Indemnification: Smart Microsystems Hosting wishes to emphasize that in agreeing to the Smart Microsystems Hosting Acceptable Use Policy (AUP) and Terms of Service (ToS), client indemnifies Smart Microsystems Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Smart Microsystems Hosting or the bringing of any claim against Smart Microsystems Hosting by any third-party. This means that if Smart Microsystems Hosting is sued because of a client's or a client of a client's activity, the client will pay any damages awarded against Smart Microsystems Hosting, plus all costs and attorney's fees. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel clients rights under this contract at anytime without further obligation. Smart Microsystems Hosting takes no responsibility for any material input by others and not posted to the Smart Microsystems Hosting Network by Smart Microsystems Hosting. Smart Microsystems Hosting is not responsible for the content of any other websites linked to the Smart Microsystems Hosting Network; links are provided as Internet navigation tools only. Smart Microsystems Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy. Smart Microsystems Hosting is not responsible for any damages your business may suffer. Smart Microsystems Hosting does not make implied or written warranties for any of our services. Smart Microsystems Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Smart Microsystems Hosting. Responsibility for Content: You, as Smart Microsystems Hosting's client, are solely responsible for the content stored on and served by your Smart Microsystems Hosting server. Smart Microsystems Hosting Dedicated servers are only for webhosting and e-mail hosting ONLY, we do not host dedicated servers for games IRC ets.. no adult contents are allowed on any dedicated or shared servers, no pornography, any dedicated server with adult content or pornography will result in shutting down the server with no warning. Smart Microsystems Hosting do not allow any type of content on any shared or dedicated server that promote or advertise liquors, alcoholic barrages, drags, any site or dedicated server violation if this term will result in account suspension with no warning until the content are deleted totally from the servers. Acceptable Use Policy (AUP)
Smart Microsystems Hosting's Acceptable Use Policy ("AUP") is provided to give our clients and users a clear understanding of what Smart Microsystems Hosting expects of them while using the service. All users of Smart Microsystems Hosting's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of Smart Microsystems Hosting Service constitutes acceptance and agreement to Smart Microsystems Hosting's AUP as well as Smart Microsystems Hosting's TOS (Terms of Service)
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Smart Microsystems Hosting may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Smart Microsystems Hosting account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of Smart Microsystems Hosting's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Smart Microsystems Hosting's AUP:
Ensure reliable service to our clients
Ensure security and privacy of our systems and network, as well as the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services Preserve the value of Internet resources as a conduit for free expression and exchange of information Preserve the privacy and security of individual users Smart Microsystems Hosting intends to provide its clients access to everything the Internet has to offer. While Smart Microsystems Hosting is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Smart Microsystems Hosting and the Internet and cannot be permitted under the guise of free speech. The resources of the Smart Microsystems Hosting and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community. We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service. You may not use your account to publish material, which Smart Microsystems Hosting determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. If a Smart Microsystems Hosting account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise clients of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at support@smart-mcrosystems.com. VIOLATIONS OF Smart Microsystems Hosting ACCEPTABLE USE POLICY The following constitute violations of this AUP: IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our network. The account will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the client. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.
Security
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. Smart Microsystems Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Network Performance
Smart Microsystems Hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one client may have a negative impact on all other clients. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other clients or the performances of Smart Microsystems Hosting systems or networks. Smart Microsystems Hosting reserves the right to terminate or limit such activities. REPORTING VIOLATIONS OF Smart Microsystems Hosting AUP Smart Microsystems Hosting requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@smart-mcrosystems.com. If available, please provide the following information: The IP address used to commit the alleged violation The date and time of the alleged violation, including the time zone or offset from GMT Evidence of the alleged violation E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Smart Microsystems Hosting may take any one or more of the following actions in response to complaints: REVISIONS TO THIS ACCEPTABLE USE POLICY
Smart Microsystems Hosting reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). |
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