SmartMediaPro Web Site Agreement

The SmartMediaPro.com Web Site (the “Site”) is an online information service provided by SmartMediaPro (“SmartMediaPro “), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. SMARTMEDIAPRO MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is SmartMediaPro.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to SmartMediaPro a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to SmartMediaPro by all means and in any media now known or hereafter developed. You also grant to SmartMediaPro the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against SmartMediaPro for any alleged or actual infringement or misappropriation of any proprietary right in your communications to SmartMediaPro.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of SmartMediaPro.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
All products, domain names and content are copyright to the full extent of the law.  We fully reserve the rights of all products, website (in its entirety) and intellectual property.

LIMITATION OF LIABILITY

IN NO EVENT WILL SmartMediaPro BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF SmartMediaPro OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SMARTMEDIAPRO LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
SmartMediaPro makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-SmartMediaPro web site, please understand that it is independent from SmartMediaPro, and that SmartMediaPro has no control over the content on that web site. In addition, a link to a SmartMediaPro web site does not mean that SmartMediaPro endorses or accepts any responsibility for the content, or the use, of such web site.
We accept no liability, implied, or otherwise, should the use of our products or services cause downtime, loss of earnings or any other negative impacts. We will be more than happy to offer support and assistance where possible to resolve any issues your site may have. However, it is you responsibility to ensure that you always have a backup of your sites files, databases and other information before making any changes.

Indemnification.

You agree to indemnify, defend and hold harmless SmartMediaPro, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of SmartMediaPro and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of UK applicable to agreements made and to be performed in UK. You agree that any legal action or proceeding between SmartMediaPro and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in UK . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. SmartMediaPro’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. SmartMediaPro may assign its rights and duties under this Agreement to any party at any time without notice to you.
We have tested SmartMediaPro with every major plugin to make sure that it will work seamlessly with an average wordpress installation. However, because there are billions of combinations of plugins and themes, we can not guarantee SmartMediaPro to work with every combination. We can only guarantee SmartMediaPro to work with a fresh default install of wordpress. We will work with will work with all users who experiance any problems to find the part of the site that is stopping SmartMediaPro from working.

Liability

We accept no responsibility for any damage or loss of earnings to your blog in any instance when using SmartMediaPro products. It is your responsibility to keep a regular backup of your database and/or relevant files so that if the worst does happen, you can use your backup to bring your blog back online.

Support & Customer Services

All support, customer services and billing enquiries should be made via the support section of our site. Our staff will always do their best to assist you where possible.

Site Access

If you experience a problem that can not be fixed by following our instructions, it may be required that we access your site to test, isolate and rectify / advise you of our findings. Failure to supply or allow access will result in us being unable to assist you.

Abuse, Threats and Blackmail

Any form of abuse, foul language, threats or blackmail will result in the suspension of your license, we will revoke your ability to use our support system and you will be banned from all of our websites. Offenders will not be offered or entitled to any refunds in part or full. All attempts to threaten or blackmail us will be reported directly to the relevant legal authorities.

Terms of Service / Terms & Condition Changes

Changes to our Terms of service and terms & conditions will be made without direct notification. It is your responsibility to ensure you check for changes in our terms of service and terms & conditions. All changes are posted on the Site News category of our blog.

Compatibility

We periodically test all of our wordpress products under a variety of environments. As there are literally billions of plugin/theme/environment combinations, we only guarantee our wordpress products to work with default plugins and default theme in a linux/unix, php4/php5 environment with default cpanel options and default apache. All other products are tested in default and common environments and are not guarenteed to work with every system and configuration. If you do encounter any problems, our support team will be happy to assist you where they can.

Paypal Disputes

Our ongoing work and support structure means that there should be no instances where a paypal dispute should be required.

-Not As Described
If you believe any of our products are incorrectly described, you should contact our Customer Services team. We work hard to ensure that all our descriptions are accurate.

-Product Not Received
If you have paid for your product, but you are unable to download it, you should contact our billing department. From time to time, paypal can take longer than usual to confirm your payment after you have made your purchase. In all cases, you should contact our support department so that they can investigate this issue.

-Unauthorised Payment
An “Unauthorised Payment” dispute should only ever be opened when someone other than the named account holder has used the paypal account in question to make a payment that you did not authorise. In the event of an “Unauthorised Payment” dispute being opened, we will fully support both the paypal account holder and paypal by providing statistical evidence of activity logged on our website by the person who made the payment. Paypal will then use these details including IP, screen resolution and many more statistics to check against your paypal account and confirm if the purchase was made using your connection and/or paypal account.
When opening an “Unauthorised Payment” dispute you will have to agree to paypal’s terms which include confirming that the information you have submitted is correct and factual, facing legal action if the information is found to be incorrect as this action can be viewed as attempted fraud.

When we receive dispute case details from paypal, we will freeze all associated accounts and prepare our full defence for the case. This process takes time, resources and money. If paypal decide that your claim is unjustified, we will take all necessary action to recover from you, the cost incurred when defending your unjustified claim, including legal costs, defence preparation and any other associated costs. We will suspend and/or terminate all accounts and products/services associated with the disputed account, offering no refunds in part or in full. If you bought a domain from us, we will terminate your domain and dispose of it however we see fit to cover the remaining costs incurred when defending the unjustified dispute that was made against us via your paypal account. While we will always try to be as fair as we can, we do not think that it is fair to pass the price of defending ourself against an unjustified “Unauthorised Payment” dispute onto our other clients who have not made unjustified claims against us.

Any disputes opened with paypal that do not provide accurate & valid reasons why it is being disputed will be instantly escalated to paypal.

Slander

Any users found to be making untrue claims about our staff, company, products, services or other areas of our business will be banned from our website and all privileges will be removed. We will pursue all slanderous comments to the full extent of the law. We would like to point out that we have no intention to restrict anyone’s freedom of speech, but we will protect our business name and image against misleading, untrue or otherwise slanderous comments.

Complaints

All complaints should be directed to our customer services department who will be happy to assist you and do their best to resolve your complaint to a satisfactory outcome.

Privacy Policy

All details obtained during registration, ordering or other activity on our site are held with the strictest confidance. We will never sell or give your information to any external companies or sites.

-email
The email address used when you create an account on our licensing server will be used to contact you when an update has been released. You can not use an e-mail address that requires verification to receive emails. We do not send our customers spam, we only email relevant information relating to our company, products and services.

-Newsletter
Subscribing to our newsletter is optional and involves a double opt in system for added security and verification. We will from time to time send offers and discounts to newsletter subscribers.

-Personal Details
It is your responsibility to ensure that your personal details are kept up to date. Any users whose email address repeatedly returns undeliverable, not known, dns or other errors will have their accounts temporarily suspended as a precautionary security measure.

-False Details
Anyone found to be using false, fraudulent or otherwise incorrect information will have their accounts and licenses suspended and will be revoked access to our websites and support system.

Affiliate Sales Fraud

Anyone found to be committing fraud, or receiving chargebacks on sales will have their accounts suspended and all funds frozen.
Hosting, Online Storage and Related Services

Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Content

All services provided by SmartMediaPro may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply.
The customer agrees to indemnify and hold harmless SmartMediaPro from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@SmartMediaPro.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:

* Topsites
* IRC Scripts/Bots
* Proxy Scripts/Anonymizers
* Pirated Software/Warez
* Image Hosting Scripts (similar to Photobucket or Tinypic)
* AutoSurf/PTC/PTS/PPC sites
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/Spam Scripts
* Banner-Ad services (commercial banner ad rotation)
* File Dump/Mirror Scripts (similar to rapidshare)
* Commercial Audio Streaming (more than one or two streams)
* Escrow/Bank Debentures
* High-Yield Interest Programs (HYIP) or Related Sites
* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
* Sale of any controlled substance without prior proof of appropriate permit(s)
* Prime Banks Programs
* Lottery Sites
* MUDs/RPGs/PPBGs
* Hateful/Racist/Harassment oriented sites
* Hacker focused sites/archives/programs
* Sites promoting illegal activities
* Forums and/or websites that distribute or link to warez/pirated/illegal content
* Bank Debentures/Bank Debenture Trading Programs
* Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
* Mailer Pro

Examples of unacceptable material on all Dedicated servers include:

* IRCD (irc servers)
* IRC Scripts/Bots
* Pirated Software/Warez
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/spam Scripts
* Escrow
* High-Yield Interest Programs (HYIP) or Related Sites
* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
* Sale of any controlled substance without prior proof of appropriate permit(s)
* Prime Banks Programs
* Lottery Sites
* Hateful/Racist/Harassment oriented sites
* Hacker focused sites/archives/programs
* Sites promoting illegal activities
* Forums and/or websites that distribute or link to warez/pirated/illegal content
* Bank Debentures/Bank Debenture Trading Programs
* Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
* Mailer Pro

SmartMediaPro services, including all related equipment, networks and network devices are provided only for authorized customer use. SmartMediaPro systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of SmartMediaPro system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at abuse@SmartMediaPro.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice and relevant legal authorities will be provided with abolutely all information we have relating to your website, account, access and any other relvant information we may be able to provide to assist in this case.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
SmartMediaPro reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
SmartMediaPro reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of SmartMediaPro.

Payment Information

You agree to supply appropriate payment for the services received from SmartMediaPro, in advance of the time period during which such services are provided. You agree that until and unless you notify SmartMediaPro of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of SmartMediaPro, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. SmartMediaPro provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@SmartMediaPro.com
SmartMediaPro reserves the right to change the monthly payment amount and any other charges at anytime.

Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. SmartMediaPro is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on SmartMediaPro servers.

Cancellations and Refunds

SmartMediaPro reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
There are no refunds on domain name purchases.

Resource Usage

User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)

Backup Limit

Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of SmartMediaPro dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@SmartMediaPro.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Reseller: Client Responsibility

Resellers are responsible for supporting their clients. SmartMediaPro does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. SmartMediaPro will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

Shared (non-reseller accounts) / Semidedicated Servers

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

Dedicated Servers

SmartMediaPro reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. SmartMediaPro reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales@SmartMediaPro.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on SmartMediaPro.com, and the right to increase the amount of resources given to plans at any time.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold SmartMediaPro harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against SmartMediaPro, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SmartMediaPro against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SmartMediaPro; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from SmartMediaPro’s server.

Arbitration

By using any SmartMediaPro services, you agree to submit to binding arbitration. If any disputes or claims arise against SmartMediaPro or its subsidiaries, such disputes will be handled by an arbitrator of SmartMediaPro’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You (the client) are also responsible for any and all costs related to such arbitration.

Disclaimer

SmartMediaPro shall not be responsible for any damages your business may suffer. SmartMediaPro makes no warranties of any kind, expressed or implied for services we provide. SmartMediaPro disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by SmartMediaPro and its employees.

Disclosure to law enforcement

SmartMediaPro may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to the TOS

SmartMediaPro reserves the right to revise its policies at any time without notice.

Billing & Invoicing

Invoices are generated periodically for products and/or services with recurring billing. Your account will show the next due date for your product and/or service.
When an order is placed an an ititial invoice is created, you are given 3 days grace in which to pay the invoice before it becomes overdue.
Any new orders with overdue invoices will remain inactive until the payment has been received. No accounts, products or services will be activated without an initial payment, unless the product is free.
Invoices for recurring products and/or services will be generated 14 (FOURTEEN) days before the payment is due. This is done so that all clients have enough time to ensure that the payment is ready and the invoice can be paid on time. If paying using an active subscription, this will give the client time to ensure that sufficient funds are within their payment account prior to the due date.
If an invoice remains unpaid for more than 7 days, our system will automatically suspend your account, products and/or services. You will be sent a first overdue invoice reminder and will have a late fee of 10% added to your invoice. Your account and any relevant products and/or services will remain suspended until you bring your account back into good standing with no overdue invoices.
For clients with multiple unpaid invoices, we may charge a $25 reactivation fee if you do not pay your overdue invoices after 14 days notice. The reactivation fee will be donated by us to a charity of our choice.

Cancellations

Clients can submit cancellations at any time. If the client has only one product/service, then the clients account will be closed. If the client has more than one product/service, the product/service will be cancelled. If the product/service has a recurring payment, it will automatically be cancelled at the end of the current billing cycle.Refunds will not be issued for any cancelled producs and/or services. Before cancellations will be accepted, your account must not have any overdue invoices.

Refund Policy

As SmartMediaPro.com are offering non-tangible irrevocable, digital goods we do not issue refunds after the subscription or individual purchase is made, which you (the client) are responsible for understanding upon registering and/or placing an order.

Support

SmartMediaPro.com offers products and/or services ‘as is’, with no implied warranty, meaning that they may not function exactly as you wish or with all 3rd party components and plugins. Further, we offer no support via email or otherwise for installation, customization, administration of WordPress itself, unless stated otherwise.
Some reported issues may require ftp and/or admin access to your server/blog so that the reported issue can quickly and accurately be addressed, isolated and rectified. Failure to provide access will result in us being unable to troubleshoot the reported issue. Failure to supply required login details may result in us being unable to assist you further with your reported issue.
When requesting support, you should always do so via our support page which is located at https://smartmediapro.com/support/ ensuring that you follow the on screen guidelines and provide accurate answers to all requested information. Incomplete support requests or support requests opened in incorrect departments may not be replied to as quickly as requests containing correct information which have been opened in correct departments.
Our support staff are here to assist you in any way they can. If you have any complaints about any of our staff, please ask to talk with a manager and your ticket will be passed to the relevant manager.
Anyone found using foul, abusive or threatening language or behaviour will have their accounts suspended.

Software License

Our software is licensed for use on a “per blog” basis. All coding is encrypted and you are not allowed to edit files or coding without our authorization. You can not claim any of our work as your own. You can not alter software images or rename the software. You can not resell our software under their current names or any others.

Software Storage

Our software should only be stored on your pc in zipped format. You are not permitted to have a zipped copy of our software anywhere on your server. This is because most servers are unprotected and hosting our zipped files on your server can easily allow unauthorized access, download and illegal distribution of our software. Anyone found to have our software available for download will be asked to remove it via legal routes. Failure to comply will result in further legal action wherein fees may be incurred.

Communications

Unless otherwise stated, all communications with any member of our staff or company representative, including, but not limited to, e-mail, support tickets, live chat, are copyrighted to SmartMediaPro.com and should not be used or reproduced in any manner without our expressed written permission. Reproducing copyrighted material will be a breach of our terms as well as infringement and violation of our copyrights.

Backups

It is the clients responsability to ensure that they have accurate, up to date and full backups of their site at all times.

Price Changes

SmartMediaPro.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a subscription (or any part thereof) with or without notice.

Warranty

SmartMediaPro.com does not provide any warranty or guarantee for any products/services in any manner. We cannot guarantee they will function with all 3rd party components, plugins or web browsers. Browser compatibility should be tested against the demonstration websites linked from our main description where available. Please ensure that the browsers you use will work with the software as we can not guarantee that SmartMediaPro.com software will work with all browser combinations.

Copyright

Unless otherwise stated, all content, including but not limited to text, images and other forms of media are protected by copyright and intellectual property rights and are the ownership of SmartMediaPro.com. You should not duplicate any content without the extpress written concent of SmartMediaPro.com

(Our company reserves the right to change or modify current Terms and Conditions with no prior notice.)