order to become a customer of smak4art, or a user of any and all eSpyre services including website design, redesign, development, hosting, domain registration, ecommerce, search engine optimization, and services not mentioned, you must agree to the following terms of service. Your agreement to these terms will be indicated by your continuing use of this website and ordering of smak4art products and services.

GENERAL
1. smak4art reserves the right to refuse service and/or access to its servers to anyone.

2. smak4art reserves the right to suspend or cancel a customers access to any or all services provided by smak4art when smak4art decides (at its absolute discretion) that the account has been inappropriately used or otherwise abused.

3. Individual accounts are to be used by the account holder only. Individual account holders are not permitted to sell, resell, store or give away smak4art services to other parties.

4. smak4art does not allow any of the following content to be stored on its servers:

4a. Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.

4b. Scripts - Any Script that creates a load on the server will be removed.

4c. Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes "adult material" is entirely at the discretion of smak4art.

4d. Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.


WEB DESIGN and SUPPORT
1. All smak4art website designs and developments remain the copyright of smak4art and a link to smak4art must be present. Copyright will be released for a fee however, and then the link may be removed.

2. smak4art websites are self managed and smak4art is not responsible for any copying, editing or updating of your website. smak4art is under no obligation to do any work on your website unless contracted to do so.

3. smak4art has a business hours help desk available by email only, however this service is offered above and beyond the purchase price of the website and hosting. smak4art is under no obligation to provide this service. This service is provided to direct you to information to solve a single problem. smak4art reserves the right to withdraw this service from any customer who is overusing or abusing it.

HOSTING
1. smak4art hosting prices will always remain competitive and in line with current market prices. There are no set prices and fees are calculated at the time of sale.

2. Hosting is prepaid and billed yearly. Please ensure you pay by the due date to avoid suspension.

3. Failure to renew your hosting will result in your website and emails being suspended.

DOMAIN REGIStrATION
1. smak4art does not guarantee the requested domain names are available or are able to be registered. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.

PAYMENT POLICIES
1. All accounts are set up on a prepay basis. Although smak4art reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.

2. Payment is due on each yearly anniversary on the date the hosting account was established. Customers will automatically be billed at the end of their prepay period unless written closure notification has been given to smak4art 15 days in advance.

3. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.

4. No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via e-mail shortly after the purchase has been made.

5. smak4art accepts payment via PayPal only - unless arranged otherwise.

CANCELLATION and REFUNDS
1. smak4art reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes these terms of service, no refunds of any kind will be given.

2. Customers may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled.

3. Fees charged on a prepay basis are non-refundable. In addition some accounts incur set-up fees, these charges are also non-refundable.

IDEMNIFICATION
The customer agrees that it shall defend, indemnify, save and hold smak4art harmless from any and all demands, liabilities, losses, costs and claims, including legal costs (on an indemnity basis or solicitor/client basis, whichever is higher) claimed or asserted against smak4art, its agents, its customers, officers and employees, that may arise or result from any service provided or omitted, performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless smak4art against liabilities arising out of;

a. any injury to person or property caused by any products sold or otherwise distributed in connection with smak4art websites;

b. any material supplied by customers infringing or allegedly infringing on the proprietary rights of a third party;

c. copyright infringement;

(4) any defective products sold to customer from smak4art websites and any defamatory or allegedly defamatory material on smak4art servers.

DISCLAIMER
smak4art will not be responsible for any damage, loss or liability the customer or any third party may suffer. smak4art makes no warranties of any kind, expressed or implied for services we provide. smak4art disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by smak4art and its employees or otherwise. smak4art reserves the right to revise its policies at any time.