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General Terms Of Service are subject to change without any prior notification. These Terms of Service are a legally binding contract between the subscriber and Propaganda, Ltd. d/b/a Smiz (Smiz.biz). By opening an account, the subscriber/customer agrees to the terms stated in this agreement. Anything not listed in the Terms of Service is open to interpretation and change by Smiz.biz administrators without prior notice. All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable. Invoices are automatically generated and emailed to the primary contact person on the account 30 days before due. Accounts 15 days past due will be automatically suspended and charged a $5.00 late fee. Accounts 60 days past due will be automatically terminated and removed from the system. The 30-day money back guarantee does not pertain to Virtual Dedicated and Full Dedicated server plans. Any violation of these Terms of Service will result in termination of the account. Smiz.biz, maintains the right to terminate accounts without prior notification. We reserve the right to remove any account with out prior notice. Guarantees 1. 100% Money Back Guarantee: Smiz.biz proudly offers all of its valued customers a “30 Day 100% Money Back Guarantee”. This guarantee allows our new customers to purchase Smiz.biz web hosting, reseller hosting, vps hosting, dedicated server hosting, windows hosting, windows reseller hosting products and services with complete peace of mind, knowing that if for any reason our products or services did not exceed your expectations, you can request to receive a full refund of the cost of your selected package within the first 30-days. This refund does not include any additional over usage, additional services or domain registration costs. Please note that refunds will not be eligible for any account that is terminated due to violating our acceptable usage policy and terms of service. 2. 99% Uptime Guarantee: Smiz.biz offers a 99% Uptime Guarantee. That means your web site is guaranteed to be operational 99% of the time in any calendar month. Smiz's guarantee of 99.9% service uptime allows for 45 minutes of (HTTP) service outage per month as defined here. If any server has any additional 45 minutes of downtime (90+ minutes in total) then you will receive 1-Month Free web hosting added to your account. For purposes of this guarantee, only downtime lasting at least 10 consecutive minutes is considered a service outage. Smiz.biz will not be held responsible for Service Outages resulting from non-Smiz.biz-operated equipment including, but not limited to, Internet NAP failures or congestion (MAE East, MAE West, etc.) and backbone failures. Additionally, Smiz.biz will not be held responsible for delays in the registration or transfer of a domain due to InterNIC-related issues, for outages resulting from malfunctioning customer scripts or applications that are installed by the customer, or for unusual traffic spikes or "denial of service" attacks on customer web sites. Free month hosting will be only added upon request by the customer and upon determination that a service outage, as defined by this guarantee, has occurred. To claim your free month of hosting, you will need to submit a request to our billing department the first five days of the following month that the service outage occurred. Requests submitted on day 6 or after will be rejected. Customer Use of Services Agreement Activation: This agreement is active as soon as a customer has submitted the information on the Smiz.biz ordering forms and has been approved by Smiz.biz. Duration depends on the length of plan chosen for the customer. Plan lengths are subject to change at any time. Verification of Agreement & Ratification: By activating your account you understand that by placing files on Smiz.biz dedicated servers you are openly offering your files to the public and that Smiz.biz has no way of limiting access and do not warrant the protection of your files. It is your sole responsibility to upload your files to your allocated space with discretion. It is recommended that you do not upload any personal files or information that you would not want the public to see. Completing the online ordering form will constitute an electronic signature of this agreement, and is agreed upon by Smiz.biz. 1. Disk Space and Client Content: Disk Space is restricted by content and usage. The following content types are not allowed on our shared web hosting or reseller hosting packages including but not limited to audio, video, and software downloading websites; audio or video streaming websites; and free hosting or e-mail providers. A violation of this provision will result in immediate suspension of the account to prevent any issues for our other valued customers. Customer is solely responsible for development, operation, maintenance of its website, online store and/or e-commerce activities. Including but without limitation, products and services offered online including the accuracy, appropriateness of the content making sure that it does not violate or infringe upon the rights of any person, is not defamatory or otherwise illegal. Customer shall be solely responsible for accepting processing and filling customer orders and inquiries or complaints and is responsible for the payment of all taxes associated with its website or online store. In addition Customer will be responsible for security and confidentiality of customer information (including credit card details) that they may receive as a result of their website or online store. Customer confirms to Smiz.biz that it owns or has the right to use the customer content and material contained and that this content does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or any other property right of a third party, or violate any criminal law or result in unfair competition, defamation, constitute false advertising, invasion of privacy, violate a right of publicity or any other law or regulation. 2. Bandwidth Usage Policy: Because of the potential for abuse, Smiz.biz has put into place the following policy which governs the use of the bandwidth. Bandwidth is restricted by usage. The following usage types are not allowed on our shared website hosting or cpanel reseller hosting packages including but not limited to audio, video, and software downloading files; audio or video streaming files. A violation of this provision will result in immediate suspension to prevent any issues for our other valued customers. 3. Excessive CPU/Memory Resource Policy: Resources are defined as bandwidth and/or processor usage. This policy is implemented to prevent the misuse of our servers. CPU usage on the hosting server where your account is hosted is regulated as follows. Each account is only allowed to use a maximum 10% of the CPU power/usage at any given time. Accounts that use above this amount or cause the web server to slow down for any reason will be asked to reduce the amount of load and traffic or upgrade to a US dedicated server or UK dedicated server option. Even if the customer upgrades we reserve the right to lock specific files or scripts that are found to still be overusing the CPU on their own and notify you of this. If this issue is not resolved promptly Smiz reserves the right to suspend or terminate an account without a refund if we feel that an account is jeopardizing our network and hence violating our TOS. Smiz will remain the sole arbiter as to what constitutes a violation of this policy. 4. VPS Hosting Content and Usage: Our exclusive VPS Hosting packages are restricted by their content and usage. The following content types are not allowed within the VPS Hosting servers including but not limited to audio, video, and software downloading websites; audio or video streaming websites; and free hosting or e-mail providers. A violation of this provision will result in immediate suspension to prevent any issues for our other valued customers. 5. Resellers Overselling Policy: Overselling is expressly prohibited for all cpanel hosting reseller and windows hosting reseller accounts at Smiz.biz. Smiz.biz reserves the right to terminate without a refund any reseller caught overselling our services. Our plans are designed so that a specific number of customers can be hosted per server. Overselling damages the quality of services for all customers. 6. Spam and Chat Room Policy: “Spamming” or sending a message to many different off topic newsgroups is unethical and will be treated as a breach of this ethical policy and will not be tolerated. Sending unwanted messages known as Spam to more than 20 people, is considered Spamming by Smiz unless the individuals have specifically requested to be added to the mailing list. Proof must be supplied that recipient has requested to receive this option should a complaint be made. Smiz reserves the right to suspend or terminate an account upon any indication that such activity has taken place without notice and without a refund for breaching our TOS. Should a customers account be suspended a clean up fee of $50 will be added to the account. Chat rooms excluding IRC, are allowed at Smiz, on condition that they do not result in any over usage of resources and abide by our CPU usage conditions. 7. False Information: Smiz customers agree not to post any false information to news groups as this will be violating their terms and conditions. Should Smiz be contacted at anytime with regards to any false, unethical or unlawful activities made by you, then Smiz.biz reserves the right to terminate your web hosting service without notice and no refund will be issued due to violating Smiz’s TOS. 8. Non Legal Activity: Smiz.biz hosting advises that its services may only be used for lawful purposes. Any actions by any account holder at Smiz.biz that violates state, federal, local or international laws are strictly prohibited and will result in immediate removal of this customers account, including any files stored in the account. The following activities listed, but not limited too are forbidden at Smiz.biz and will result in immediate dismissal of all customer accounts and files; if you host or serve any material that contains threatening, unlawful, abusive, obscene, offensive or material Smiz.biz finds inappropriate, hosting unlicensed software that is available to public, software or files that contain viruses or harm user’s computers, sending unsolicited or prohibited advertisements, or mass emails, attempt to use any account without the current owners authorization or any attempts to “internet scam” will all result in actions being taken against the account holder which may include but are not limited to: warnings, account suspension or termination or legal action. Any accounts terminated for violating Smiz.biz TOS will not be eligible for any refund. 9. Backup Files: Smiz.biz goes out of its way to protect and backup data on daily, weekly and monthly basis. This backup of data is a value added service for our customers; Smiz.biz does not guarantee this feature and therefore recommends that customers also back up their data daily. Requests for our administrators to retrieve individual customer’s back-up files can be made, but will be subject to our one time admin fee of $50.00. 10. Domain Registration: All domains are registered with eNom. Please note that the majority of domain names registered with Smiz.biz are set up to auto renew, however in certain cases this auto-renew feature may be disabled (if outstanding invoices are due, we may disable this feature to avoid you being charged for a service you may no longer want). If the domain name hosting expires due to auto-renew being disabled, please notify us immediately and we will try our best to renew the domain name for you. However should it come to the time when the domain has already been pushed into the redemption period then you will be responsible for the one time payment of $160 redemption fee to renew your domain (this is the amount charged by our registrar, eNom). Alternatively you can register a different domain at 15/year. Smiz.biz will utilize the registration systems provided by third party eNom. Your domain name usage will be governed by the terms and conditions set forth by these third party. 11. Additional Service Installation: Smiz.biz offers its customers many scripts for free by offering its customers cPanel hosting. Should a customers request to have any additional scripts or software installed onto Smiz.biz servers that are not included already in cPanel, there will be a technical administrative charge of $25 for this service. 12. Background Operations: Smiz.biz may allow programs to run continually in the background. These are called cron jobs and are limited to run every two hours only. Any account violating this term will be suspended until this matter is completely resolved. 13. Account Termination: Smiz.biz reserves the right to cancel an account at will at its sole discretion. A customer can terminate its account given that the following provisions are met: Account: is in good standing, does not host content not allowed by Smiz.biz, has no pending warnings or complaints and that holder submit a ticket via Help Desk or sending an e-mail to billing[@]Smiz.biz requesting to cancel the contract seven days prior to the next billing cycle. Content All services provided by Smiz.biz are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Smiz.biz, from any claims resulting from the subscriber's use of Smiz.biz's services which damages the subscriber or any other party. Note: Pornography and sex related merchandising are prohibited on any Smiz.biz server. This includes sites that may imply 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 Smiz.biz servers or any other server on the Internet. Links to such materials are also prohibited. * Examples of prohibited content or links include (but are not limited to): IRC Software Smiz.biz will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber. Housing of any of the following files is considered a violation of the terms of service: IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed. Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited. PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network. Commercial Advertising - Email - * Spamming, i.e. the sending of unsolicited email, from any Smiz.biz server or any server located on the Smiz.biz network is STRICTLY prohibited. Smiz.biz will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Smiz.biz. In addition to termination of any account found to be in violation there will also be a $100 penalty fine applied for every valid spam complaint processed by Smiz.biz staff. ShoutCast Servers - We do not allow Shoutcast Servers due to bandwidth and load issues. Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load. PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited. Server Abuse - Any attempts to undermine or cause harm to a Smiz.biz server or subscriber of Smiz.biz is strictly prohibited including, but not limited to: * Logging into a server or account that you are not authorized to access The Customer will be held responsible for all actions performed by your account whether it be done by the Customer or by others. Scheduled Maintenance and Downtime Smiz.biz will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Smiz.biz's control or which are not reasonably foreseeable by Smiz.biz, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Smiz.biz will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Smiz.biz has no responsibility for downtime resulting from a user's actions. Also, the 100% network uptime guarantee does not apply for shared accounts. Refunds Refunds will be posted for FULL months only, with the exception of plans including a 30 day money back guarantee (shared hosting only). Virtual Dedicated, Virtual Private, and Dedicated servers are not included for the 30 Day Money Back Guarantee. Notice of cancellation must be given before the month in question begins. Setup fee is NON refundable. $14.95 will be deducted from the money refunded if the user's domain was registered via Smiz.biz's free domain registration method. Any violation of Smiz.biz's Terms of Service Agreement shall result in no refund. Limitations on Use Any account using 15% or more of the server CPU or memory can be suspended and/or terminated. Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling. Background Processes. Unauthorized background processes shall result in immediate termination of the account. Smiz.biz maintains the right to cancel accounts at its discretion. Account Setup, Termination, and Billing: The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next billing cycle. Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by Smiz.biz. Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 7 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account. Termination of accounts due to overdue payment: If the account is not paid within 14 days of the invoice date, the account will be terminated and all information within the account will be deleted. Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. Parked Domain Names: There is a one-time fee of $15 for parking additional domain names. This fee is nonrefundable. Virtual Domain Names: Additional domains that point to a sub folder (Virtual Domains) are $5 per domain per month. This is a nonrefundable fee. Domain Name Transfers: Smiz.biz shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers. Courtesy Services for Customers All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. Smiz.biz is not responsible for lost data or for lost data due to third party software that is not maintained by Smiz.biz programming staff. (Cpanel is not associated with Smiz.biz) Limitation of Damages Recovery of damages from Smiz.biz may not exceed the amount of fees it has collected on the account. Dispute Resolution Any dispute between Smiz.biz and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Denver City and Colorado State law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Denver county, Colorado, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction. Payment Obligations, Renewals and Charge Backs 1. Reseller Payment Obligations: This section does not absolve Smiz.biz or resellers of any provisions set forth previously in our billing policy. It is the customer’s sole responsibility to make sure that invoices are paid on time and the email address on file is a working and an up to date one. Smiz.biz will make a reasonable effort to contact any customer that defaults on their payments on three separate occasions. In order to protect and safeguard the contents of any client accounts of resellers, the following guidelines apply. In the event that a reseller becomes unresponsive to payment requests, the following procedures will be executed. The first day after payment should have been made; you will receive a payment reminder notice that states you must update your credit card and pay your invoice. The second day a second payment reminder is sent and the third day the suspension notice. On the fourth day the reseller account will be suspended for non payment. In order to protect the reseller’s customers, all of these customers’ websites will remain active. After this date the reseller has 30 days from the date the payment was due to have their account reconnected, should they pay all outstanding invoices including the $30 reseller reconnection fee. If payment has still not been made by day 30, all the customers of the reseller will be contacted and informed that there has been no contact between Smiz.biz and the reseller for the past 30 days and as a result the resellers account has been suspended due to non payment. These customers will then be given a 30 trail account at no additional cost to themselves. During these 30 days the customers has the time to decide if they want to move to a different web hosting provider, if this is the case then all files will be available for download or if they would prefer to stay as a Smiz.biz customer at the end of the trial account, they simply have to provide us with the billing details. In the case of emergencies after this policy has been executed, Smiz.biz will make a verified effort to return customers to the reseller. However as this procedure is provided in writing before account activation, and as it is the resellers need to inform Smiz.biz of emergencies especially when related to billing, Smiz.biz cannot accept responsibility or liability for any revenue loss or customer losses associated. 2. Non Payment of Shared & Dedicated Hosting: This section does not absolve Smiz.biz or customer of any provisions set forth previously in our billing policy. It is the customer’s sole responsibility to make sure that invoices are paid on time and the email address on file is a working and an up to date one. Smiz.biz will make a reasonable effort to contact any customer that defaults on their payments on three separate occasions. The first day after payment should have been made; you will receive a payment reminder notice that states you must update your credit card and pay your invoice. The second day a second payment reminder is sent and the third day the suspension notice. On the fourth day the customers account(s) or dedicated server (s) will be suspended for non payment. The account will remain suspended for a period of 14 days, during which time the account can be reconnected on condition that all outstanding invoices are paid, including a $15.00 reconnection fee for Web Hosting and a $50 reconnection fee for dedicated servers. On day 15 after payment was due the account will be terminated. Smiz.biz may temporarily, or indefinitely deny service or terminate this agreement upon failure to collect payment from the customer. Such termination with no payment will result in customer being indebted to Smiz and customer will be responsible for any collection fees. 3. Renewals: Smiz.biz web site hosting and reseller hosting accounts automatically renew unless you give written notice via e-mail or sending a ticket to billing department at least 7 days before the renewal date stating that you do not wish for your account to be renewed. If the cancellation request is received within six to zero days before the renewal date, this cancellation request will be effective on the following billing cycle and charges for the current month will apply. 4. Charge Backs: Smiz.biz does not allow charge backs to occur to its merchant accounts and contracts with VISA/ MASTERCARD International, American Express and its Discover Financial services. It is not recommended to initiate a charge back hence customer agreed to AUP (this document) and the terms and conditions as outlined in this document and Smiz.biz will use this document and customers agreement at the time of the order to wholeheartedly fight a charge back and/ dispute. If the customer has supplied a valid reason for a refund, Smiz.biz will gladly apply this refund ONLY if the requirements specified above are met. Any dispute/ charge back attempts will immediately result in suspension of the web hosting account and another charge will be applied the customers credit card under the same order/ authorization number. Any customer, who provides a credit card charge back in response to a bill and/or order placed at Smiz.biz, will be subject to collections and legal action. Charge backs are never an acceptable means of attaining a refund. By ordering an account you are bound by these terms and conditions and must follow and agree to them. The following amounts will be applied for all charge backs: $25.00 Charge back processing fee, $100 penalty for charge back usage. In addition if collections action is required a 30% collections fee will be assessed as well for the total amount. Marketing Policy 1. Customer Surveys: Customer surveys may be issued from time to time. Please note that any response to surveys may result in the use of your comments/ questions and answers in promotional materials such as our testimonial web page. By choosing to fill out the survey you consent our use of said material. If you wish to complete a survey but do not wish that your response be posted in public please specify in the comment box provided. 2. Press / News Releases: Smiz.biz considers all press or news releases to be forward looking statements: Any statements in this website are not historical facts and are forward-looking statements that involve risks and uncertainties; actual results may differ from the forward looking statements. Smiz.biz undertakes no obligation to publicly release results of any revisions to these forward looking statements that may be made to reflect events or circumstances after the date or to reflect the occurrence of unanticipated events. 3. Promotions and Service Upgrades: Smiz.biz reserves the right to change but not limited to the prices, features or promotions for any of our products or services at anytime. These new prices, features or promotions are only valid for new customers that join Smiz.biz during the time that these prices, features or promotions are valid. Acceptable Behavior Policy Abuse towards any Smiz.biz employee will not be tolerated. Customers are expected to request and respond to Smiz’s support team in a professional manner. This includes when contacting our support team via the phone, email, live chat or via our ticket desk. Any form of shouting, swearing or disruptive behavior (whether written, orally or verbally) aimed at Smiz.biz or any of its staff members can be considered a violation of our terms of service. In addition any threat made (even if delivered by a second party) or any conduct that is viewed as violating this section directed towards Smiz.biz, its staff, partners, customers or equipment shall be construed as violation of TOS. Please note that Smiz.biz will remain the only and sole arbitrator as to what is or could be deemed as a violation. As per this contract, no refunds will be given when the contents of this section results in the necessity to remove an account from our network. Disclaimer of Warranty Smiz.biz makes no warranties or representations for the services being offered. Smiz.biz provides hosting services on “as is” and “as available” basis with no warranties for the services provided to the customer. Additional Services Warranty Additional web hosting services include but are not limited to, upgrades, additional disk space or bandwidth, dedicated IP address, SSL Certificates and Promotions. These additional services are not covered under our “30-Day Money Back Guarantee or 30-day money back guarantee” and will therefore be deducted from the prorated refund amount. They are provided on “as is” and “as available” basis. Smiz.biz disclaims any implied warranties from Smiz.biz, its employees or affiliates and therefore can not be held responsible or liable for any possible damages resulting in the use or misuse of any information, content or services provided by Smiz.biz. Including direct or indirect, punitive and incidental resulting from any failure to provide services, suspension or termination of services. Limited Liability Customer agrees that no Smiz.biz member of staff, at anytime shall be held responsible or liable for any but not limited to the following: i) where Smiz.biz services are accessed by any third parties through illegal or illicit means. This includes any situations where data is accessed through exploiting of security gaps, flaws or weaknesses which may exist in the Smiz’.com services or any of Smiz.biz equipment. ii) for any damages or losses (including those of third parties) that could result from the use of or inability to use Smiz.biz products or services, or that could result from but are not limited to; any omissions, loss of data, interruptions, mistakes, deletion of files, errors viruses, defects, delays in operations or transmissions or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction or unauthorized access to Smiz.biz records, programs, equipment products or services. iii) for consequential, indirect, incidental, punitive or special damages, any loss of profits or revenue earned, or data lost that is used by the customer or any third party, this stands whether the action is in contract, tort, strict liability or other legal theory. iv) when Smiz.biz has to take corrective action under this agreement, due to a action resulting from a Smiz.biz customer, one of their customers or a reseller customer that as a result may adversely affect all their other customers. Should any the above occur, Smiz’s maximum liability under this agreement from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by the customer for the services that gave rise to such damages, losses and causes of actions during the quarter period (three months) prior to the date that the damage, loss occurred or the cause of action arose. Please note that this limitation of liability reflects an informed and voluntary allocation between parties involved of the potential risks that may exist in connection with this agreement. In addition it is stated that the terms of this section shall also survive any termination of this agreement. Right to refuse service Smiz.biz may refuse to accept any customer or website for participation of Smiz.biz services including web hosting network as determined by Smiz.biz at its sole discretion. Indemnification The customer by agreeing to this TOS, agrees to indemnify Smiz.biz, its employees, agents and representatives harmless from any but not limited to, claims, demands, liabilities, expenses, suits, actions, damages and attorney fees that may arise from any lawsuits or claims for libel, slander, copyright, trademark violation or other claims resulting from (i) customer participation in the Smiz.biz services hosting network (ii) operation of customers website or any URL submitted to Smiz.biz (iii) otherwise arising from customers relationship with Smiz.biz. Customer agrees to indemnify Smiz.biz for any legal fees incurred by Smiz.biz, acting reasonably, in investigating or enforcing its rights under this agreement. Force Majeure Smiz.biz will not be liable for failure or delay in performing its obligations if such a failure or delay is due to circumstances beyond its reasonable control, including without limitation, acts of any governmental body, war, sabotage, fire, flood, strike , interruption or delay in transportation or telecommunications or third party services (including DNS propagation), failure of a third party software or hardware. This includes inability to obtain supplies or power used in or equipment needed to provide Smiz.biz services. Disclosure of Customer Information and Legal Process Smiz.biz maintains a strict confidentiality with regards to its valued customer’s information. However there may be certain times when Smiz.biz has to make exceptions and be asked to disclose all information in its possession in order to comply with any court orders, subpoena, discovery request, warrant, statute, regulation or official governmental requests. Please note that Smiz.biz has no obligation to inform any of our customers should information be requested. By agreeing to this contract the customer understands, acknowledges and agrees to these valid exceptions. Governing law; Jurisdiction This agreement is governed by the State of Colorado Law and both parties will submit to the personal jurisdiction in the State of Colorado. Assignment Customer does not and will not have the right to assign this agreement without prior written consent of Smiz.biz. This agreement shall be binding upon and inure to the benefit of customer and Smiz.biz and their successors and permitted assigns. Entire Agreement; Severability This agreement along with any other Smiz.biz documents mentioned in this agreement represents the complete agreement made between all parties and therefore will supersede all previous agreements, documents or understandings. If any provision of this agreement is held by a court of competent jurisdiction to be invalid, unenforceable or void the remainder of this agreement shall remain in full force and effect. Customer hereby represents that they are entering this agreement for their personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized and in good standing under the laws of the state of its organization and the person acting on behalf of customer is duly authorized, to accept, deliver this agreement on behalf of the customer.
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For any questions concerning this Terms of Service agreement, please contact us at www.smiz.biz
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