Last updated: October 1, 2025
These Terms of Service (this “Agreement”) constitute a legally binding agreement between Smartify Host LLC (referred to as “Smartify Host,” “we,” “us,” or “our”), with a primary mailing address at 30 N Gould St Ste R, Sheridan, WY 82801, USA, and you (“Customer,” “Client,” or “you”).
This Agreement governs your use of all web hosting, domain registration, and related services (collectively, the “Services”) provided by Smartify Host LLC.
By utilizing any of our Services, completing the account registration process, or clicking the “I Agree” button, you acknowledge that you have read, understood, and agree to be bound by this Agreement, the Privacy Policy, and our Acceptable Use Policy (AUP), which are incorporated by reference.
1. Term of Agreement and Modifications
1.1 Term
This Agreement shall be effective upon your initial acceptance and shall remain in full force and effect for the duration of your service subscription (“Term”).
1.2 Modifications
We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. We will provide notice of material changes by posting the updated ToS on our website or notifying you via email. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Service.
2. Services, Account Setup, and Your Responsibilities
2.1 Services Provided
Smartify Host LLC agrees to provide the Services defined in your selected hosting plan (e.g., shared hosting, VPS, dedicated server, domain registration) subject to all terms and conditions of this Agreement.
2.2 Accurate Information
You agree to provide accurate, current, and complete information during the registration process and to keep all registration data and payment information current. Failure to do so may result in the immediate suspension or termination of your account without notice.
2.3 Security and Passwords
You are solely responsible for maintaining the confidentiality and security of your account passwords and are responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with this security obligation.
2.4 Customer Content
All data, information, files, software, and intellectual property that you upload, store, or transmit through our Services (“Customer Content”) remains your exclusive property. You grant Smartify Host LLC a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and transmit the Customer Content solely for the purpose of providing the Services (e.g., backups, network management).
3. Data Processing and GDPR Roles
In compliance with the General Data Protection Regulation (GDPR), we define our roles regarding your data:
3.1 Data Controller Role (Your Administrative Data)
Smartify Host LLC acts as the Data Controller for personal data collected directly from you for account management, billing, and system administration (e.g., your name, email, payment tokens, IP address). This processing is governed by our Privacy Policy.
3.2 Data Processor Role (Hosted Customer Content)
Smartify Host LLC acts as the Data Processor for the Customer Content you host on our servers, which may contain personal data of your end-users (Data Subjects).
- Your Obligation (Controller): You, the Customer, are the Data Controller for all hosted Customer Content and are solely responsible for ensuring that you have a lawful basis (including consent or legitimate interest) to collect and process data from your end-users.
- Our Obligation (Processor): We shall process this data only on your documented instructions, as outlined in this ToS and related agreements, and shall implement appropriate technical and organizational security measures.
4. Billing, Payment, and Refunds
4.1 Fees and Payment
All fees for the Services are due in advance on the first day of the relevant billing period. You agree that failure to pay fees when due may result in the suspension or termination of the Services.
4.2 Money Back Guarantee
We offer a 30-day money-back guarantee for initial shared and VPS hosting packages. This guarantee does not apply to:
- Domain registration fees (which are non-refundable once registered).
- Setup fees, license fees, or other add-on service charges.
- Renewals of existing services.
4.3 Cancellations and Termination
You may cancel your Services at any time through your client portal. We reserve the right to suspend or terminate your service immediately and without prior warning if you breach the terms of this Agreement, including non-payment or violation of the AUP.
5. Acceptable Use Policy (AUP) and Prohibited Content
You agree to comply fully with our Acceptable Use Policy (AUP), which is incorporated into this Agreement. The AUP strictly prohibits the following activities:
- Illegal Content: Distribution or storage of any content that violates applicable local, state, national, or international law, including copyrighted, trademarked, or trade secret material, or content that is obscene, defamatory, harassing, or promotes illegal acts.
- Mass Mailings/Spam: Sending unsolicited bulk email (“spam”) or using our services to operate open relays or proxies. Accounts engaging in spam will be subject to immediate suspension and potential termination.
- Resource Misuse: Running processes, scripts, or programs that interfere with the normal operation of our systems or consume excessive network bandwidth, CPU, or memory resources. This includes, but is not limited to, running cryptocurrency miners, public proxy servers, or bots that cause server degradation.
- Network Abuse: Engaging in any activity that disrupts or interferes with the connectivity or service of any Smartify Host LLC server, including denial-of-service (DoS) attacks, network scanning, or unauthorized probing.
6. Backups and Data Loss
YOUR PRIMARY RESPONSIBILITY FOR DATA BACKUP IS CRITICAL.
While Smartify Host LLC may offer backup services as a courtesy, we do not guarantee the completeness, availability, or integrity of any backups.
- You are solely responsible for creating and maintaining independent, external archival and backup copies of your Customer Content.
- Smartify Host LLC shall have no liability to you or any other person for loss, damage, or destruction of any of your Customer Content.
7. Intellectual Property (IP) and Ownership
7.1 Your Content
You affirm that you own or have the necessary licenses, rights, and permissions to use and host all Customer Content on our Services.
7.2 Our IP
You acknowledge that Smartify Host LLC owns all right, title, and interest in and to the Services, including all associated software, platform infrastructure, and related IP. This Agreement does not grant you any title or interest in the Services themselves.
8. Disclaimer of Warranties and Limitation of Liability
8.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. SMARTIFY HOST LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
8.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTIFY HOST LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, OR USE, EVEN IF SMARTIFY HOST LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.
8.3 Indemnity
You agree to indemnify, defend, and hold harmless Smartify Host LLC, its officers, directors, employees, and agents, from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising from or related to: (a) your use of the Services; (b) any Customer Content hosted on our servers; (c) your breach of this Agreement, including the AUP; or (d) any intellectual property infringement claim related to your hosted content.
9. Governing Law and Dispute Resolution
9.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law provisions.
9.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach thereof, shall be subject to the exclusive jurisdiction of the state and federal courts located in Wyoming, USA.