Terms of Service
The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our services. Use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of Smilii’s services implies agreement with these terms!
Table of Contents
Any questions regarding this agreement should be sent to Smilii’s sales department ( [email protected] ) or asked in Live Chat prior to signing up for service.
Terms of Service
Smilii, LLC (hereinafter referred to as “Smilii”) provides web hosting services 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 and/or using Smilii services.
The Smilii Service Agreement is a separate agreement between Smilii 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 or using Smilii’s services. Contact our sales department for any clarifications.
Link: Service Agreement
Resource Usage Policy
The Smilii Resource Usage Policy is an extension of the Terms of Service containing more specific utilization policies. Please make sure you are in agreement with its points and conditions before signing up for or using Smilii’s services. Contact our sales department for any clarifications.
Link: Resource Usage Policies
Domain Registration Agreement
The Smilii Domain Registration Agreement is applicable to all domains registered by or transferred to Smilii by a client. By registering or transferring a domain, the client acknowledges their acceptance of the Domain Registration Agreement. Contact our sales department for any clarifications.
All services provided by Smilii may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. This includes, but is not limited to copyrighted material, a material we judge to be threatening or obscene, or material protected by trade secret and another statute. The subscriber agrees to indemnify and hold harmless Smilii 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 Smilii 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 Smilii servers or any other server on the Internet. Links to such materials are also prohibited. Contact our sales department for any clarifications.
Examples of non-acceptable content
- Pirated software
- Bulk Email related products
- Hacking/cracking related websites
- Warez and/or copyrighted MP3s
- Material illegal under United States of America law
- 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.)
Smilii 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.
Smilii will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.
System Resource Usage
If Smilii’s system administration team determines that an account is utilizing an unacceptable amount of system resources, Smilii may temporarily deactivate the account in question. If Smilii’s staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with seven(7) days in which to either upgrade to a VPS or other hosting solution as recommended by Smilii staff or locate a new provider. This only occurs in extreme cases; Smilii will do all it can to assist customers prior to this scenario.
Smilii 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 analyzed individually.
Link: Resource Usage Policy
Smilii performs nightly backups of Low-Cost Hosting, Reseller Hosting, and WordPress hosting accounts; however, these backups are for Smilii’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Smilii does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Smilii’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.
You may not use your hosting account as a backup solution. Our Services are designed to host your website only and may not be used as a data repository. Smilii reserves the right to remove backups from your hosting account with or without notice.
We may also delete the following types of files if we find them to be using excessive amounts of disk space, especially if affecting other customers: (i) Plesk or other backups stored locally, (ii) Softaculous backups stored locally, (iii) Softaculous backup temp files, (iv) Common CMS backups stored locally, (v) Common CMS backup temp files, (vi) Common CMS backup logs, (vii) excessively sized error logs, and (viii) any other large files deemed unnecessary for core website functionality or not containing any valuable data. Plesk generated backups stored on the server will be automatically deleted after fourteen (14) days.
While our Backups system supports almost any characters for filenames (UTF-8), there are special characters/symbols that are generally best avoided as there are specific limitations across various filesystems and storage destinations that can cause unintended issues with your backups. This list is not exhaustive and is meant to help determine and avoid errors regarding filenames and your backups.
While our Backups system generally performs backups for any files or folders, there are exceptions of files and folders that are excluded as there are specific limitations across various filesystems and storage destinations that can cause unintended issues with your backups. This list is not exhaustive and is meant to help avoid errors regarding your backups.
Unsolicited Email (SPAM)
SPAMing, or the sending of unsolicited email, from a Smilii server or using a return email address that is maintained on a Smilii server, is STRICTLY prohibited. Using SPAM to advertise a site hosted on Smilii’s network also constitutes as a violation of this provision. Smilii will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated.
For anyone intentionally spamming on our systems, we reserve the right to bill them at a rate of $150/hour for any cleanup, research, and related work from their illegal activities.
Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.
At Smilii, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host.
Smilii will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation. Smilii will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.
Cancellations are processed by our Billing department. To cancel an account, a cancellation request via the client area must be submitted. Once we receive your cancellation request, our Billing department will confirm your request and process your cancellation shortly thereafter.
We require all cancellations to be requested through the cancellation form inside your client area in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Payments and Billing
We will provide you with at least ten (10) days’ notice of your renewal pricing before the payment due date for monthly, annual, or longer-term plans. Unless otherwise provided, Smilii will automatically bill your payment method on file as it follows:
seven (7) days before the payment due date;
on the payment due date;
seven (7) days after the payment due date.
You expressly acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment methods on file for each Renewal Term, unless you terminate or cancel the Services prior to such charge as provided in this section. All fees are billed in the currency chosen by you, the Customer, at checkout. Unless otherwise indicated, all fees are billed in Canadian Dollars (“CAD”) and are subject to change with prior notice to you.
Smilii is only able to automatically collect payments from customers with credit cards stored on file. All other payment methods (e.g. PayPal one-time payments) must be initiated manually by you. It is your responsibility to ensure that all fees are paid no later than their payment due date.
As a customer of Smilii, it is your responsibility to ensure that all billing information on file with Smilii is accurate and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. Smilii screens all orders for fraud. In certain cases, if your account is flagged for fraud, your order will not be processed. Smilii has no liability for not providing Services, including third-party services if your account fails the fraud screen.
Smilii reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change on any annual or longer-term plans. It is your sole responsibility to periodically review pricing on our website and billing information provided by Smilii through the client area or through other methods of communication, including notices sent or posted by Smilii.
Any account not paid in full by the end of the Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, Smilii reserves the right to suspend your Services. Smilii reserves the right to terminate Services fifteen (15) days after the payment due date (Low-Cost Hosting, WordPress Hosting, Reseller Hosting) and nine (9) days after the payment due date (VPS Hosting).
Smilii is not responsible for any damages or losses (including any data) as a result of suspension or termination for non-payment of your account. In addition, Smilii reserves the right to refuse to reactivate your Services until any and all outstanding invoices have been paid in full.
Smilii will charge a late payment fee of 10.00% of the invoice total for late payments. This fee can be waived at our sole discretion if Smilii Billing is contacted before payment.
Money-Back Guarantee and Refund Policies
- The 30 Day Money Back Guarantee applies to the following services only:
- Low-Cost Hosting
- Reseller Hosting
- WordPress Hosting
- A 15 Day Money Back Guarantee applies to the following services only:
- Cloud VPS Hosting
- The 15 or 30 Day Money Back Guarantee does not apply to nor are refunds available for the following additional services:
- Domain Name Registration, Domain Name Transfer, Domain Name Renewal
- Domain Name ID Protection (Whois Privacy)
- Domain Reseller Deposits
- Resources Boost Add-on
- Dedicated IP Addresses
- SSL Certificates
- SiteLock Website Security
- SpamExperts E-mail Services
- Marketgoo SEO Services
- VPS Daily Remote Backups
- WHMCS Licences
- LiteSpeed Licences
- Plesk Licences
- Imunify360 Licences
- Paid Migration Service
Note that the 15/30 day period ends exactly 15/30 days from the day on which the account was originally activated (not the day the order was placed). It is not valid towards account renewals. The Money-Back Guarantee is VOID if your account violates our Terms of Service, Service Agreement, or any of our policies in place. Setup fees and Late fees are non-refundable. External services, such as but not limited to, dedicated IP addresses, installation charges, etc., are non-refundable.
Outside of the Money Back Guarantee, Smilii has a no refund policy.
Smilii account credits issued to accounts are not eligible for a refund and will remain on the account for two (2) years after the last hosting account is canceled. If the service credit is not utilized within that time frame, said service credit is forfeited and You hereby agree to release Smilii from all liability for use of such service credits.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled, and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
Free Migration Policies
Our Migrations Team will make every effort to help you move your website(s) to us. Migrations are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account migration. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases, we may not be able to assist you in the transfer of data from an old host. The free migration service is available for sixty (60) days from your sign up date. Migrations outside of the sixty (60) day period will incur a charge; please contact a member of our Support department to receive a price quote. In no event shall Smilii be held liable for any lost or missing data or files resulting from a transfer to or from Smilii. You are solely responsible for backing up your data in all circumstances.
Free Domain Name Policies
Customers that sign up for a Smilii hosting plan and choose 12, 24, or 36 months as the billing cycle will receive a complimentary free domain registration for one year.
The free domain registration applies to the following extensions only: .com, .net, .org, .name, .co.uk, and .site.
Note that this offer is valid for new domain name registrations only. The free domain name must be ordered during sign-up (new customers only). Unless otherwise specified, this offer is only valid for the first year. After the first year, your domain will renew at the regular rate.
If you cancel within the 15/30 Day Money Back Guarantee, you will be refunded 100% of your payment minus the current cost of the domain name registration. The domain name will be registered in the client’s name and contact information.
If you have any questions about this offer, please contact our Sales Department prior to placing your order.
Prohibited Persons (Countries, Regions, Entities, and Individuals)
Certain entities and individuals are prohibited from registering for and using our services pursuant to export and control laws and trade and economic sanctions imposed by the U.S. or other governments, as applicable. In particular, without limitation, the U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries or regions (each a “Sanctioned Country/Region”) and certain individuals, organizations or entities, including without limitation, “Specially Designated Nationals” (“SDN”) listed by OFAC. By using our services you represent and warrant that you are not located in a Sanctioned Country/Region or listed as an SDN. Unless otherwise provided with explicit written permission, Smilii also does not register and prohibits the use of any of our services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country/Region.
Failure to Follow Policies
Failure to fully comply with these terms is grounds for account suspension and/or deactivation. Any accounts and/or servers contained within Smilii’s network must adhere to the above policies.
We reserve the right to remove any account without prior notice. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.
Smilii 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.