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Terms of Service
Last Updated: 05th March, 2026
1. Introduction / General
Please read these terms and conditions carefully. They govern the use of this website and the provision of YourSmartHost services described on this page. Acceptance of these terms constitutes a legally binding contract.
This Agreement is made between YourSmartHost (“we,” “our,” or “us”), its clients, their heirs, assigns, agents, contractors, and users of the YourSmartHost website, and is effective as of the date of electronic execution. By accessing the YourSmartHost website or using services of YourSmartHost, you acknowledge that you have read, understood, and agreed to be bound by all the terms and conditions of this Agreement.
2. Interpretation & Definitions
For the purposes of this Agreement, the following terms shall have the meanings ascribed to them:
- Customer: The individual or entity who purchases or uses the services provided by YourSmartHost.
- Account: The collection of services, user access, and billing information associated with a Customer.
- Services: Web hosting, VPS hosting, cloud services, managed WordPress hosting, or any other service provided by YourSmartHost.
- Order: The official document or online submission detailing the services purchased and fees payable.
- AUP: Acceptable Use Policy, which outlines permissible use of the services.
- Agreement: This Terms of Service document, together with the Order, Privacy Policy, and AUP.
- Renewal Term: Any subsequent subscription period after the Initial Term unless terminated as described herein.
3. Web Hosting
3.1 Services
Subject to the terms of this Agreement, YourSmartHost agrees to provide the web hosting services described in the Order for the fees stated in the Order. The individual or entity saved in our primary billing contact is considered the owner of the account.
3.2 Terms of Agreement
The term of the Agreement becomes effective immediately from the date that YourSmartHost generates an e-mail message to the Customer that states the activation of the Customer’s account & will remain active for the number of months described in the Order. Upon expiration of the Initial Term, this Agreement shall automatically renew for the same period unless one party provides termination notice within 7 days before the expiration of the Initial Term or then-current Renewal Term, as applicable.
3.3 Payments
(A) Recurring Fees
YourSmartHost shall send the renewal notices in e-mail, seven days before the actual renewal date of your account. The credit card on file shall be automatically charged two days before the renewal notice date. If the customer has opted for PayPal, then the customer needs to pay the invoice amount every month manually. All payments received for services are non-refundable beyond our day’s refund policy. Service will be inactivated on accounts whose charges have not been paid by the 7th day past the due date. The term “Account” is used to describe all the services provided to YourSmartHost’s customers as described and defined in the primary account ownership email and the physical address. YourSmartHost reserves all the rights to revoke or change this grace period if a late payment pattern is observed or in case your payment method is listed as any other option. All orders placed with a credit card payment are expected to work on a monthly renewal date, which is fixed for each month. Any accounts that were inactivated due to non-payment of dues are subject to a late payment fee of $10.00. Any accounts that were terminated due to non-payment of dues are subject to a restoration fee of $10.00. This fee is to be paid once all the old dues have been paid.
(B) Payment Terms
YourSmartHost offers multiple payments for the convenience of our customers. There are increasing discounts for all the product lines. The customer is advised to acknowledge that all the payments to YourSmartHost are non-refundable after the period of the initial 30 days of service. In the initial 30 days of the Quarterly, Semi-Annually, or Yearly paid services, the customer may request to switch the account to a Monthly subscription. In such cases, the remaining balance in the account shall be refunded to the original payment method.
If the customer requests to change their billing cycle after the initial 30 days of service, any remaining balance will be credited to their account and will not be eligible for a refund. Before making the payment for the renewal invoice and before the renewal date, the customer can get the payment terms changed at no additional charge. If the customer wishes to cancel a Quarterly, Semi-Annual, or Yearly package before the renewal date of the services, the package will be prorated to the nearest Monthly billing cycle and any funds remaining shall be credited to the account. Any cancellation as a result of our TOS or AUP violation will be non-refundable.
(C) Credit / Debit Card and Address on File
When the customer places an order with a credit card, the card details are stored on file with YourSmartHost and the card will get automatically charged every month two days before your due date. For security reasons, the address on file must match the address on the credit card. Our payment gateway will not accept the transaction if the addresses are not a match.
(D) Taxes
At YourSmartHost’s request, the customer shall remit all applicable sales, VAT, or similar tax imposed on the services (excluding income tax on YourSmartHost).
(E) Payments Dedicated Servers
All renewals made with a credit card are expected to work on the day your card is charged. If the card declines then the customer is subject to a $5 one time fee on top of the monthly renewal price.
In case your invoice is not paid by the due date, we reserve the right to suspend your entire account and a late fee of $25 is also charged. An account is defined as all services being used by the customer such as VPS hosting, etc. If your invoice is still not paid by the 3rd day from the due date on the invoice, we reserve the right to terminate your service entirely and reformat your server.
(F) Payments (VPS and Shared Hosting)
Recurring Fees & Late payments: YourSmartHost sends renewal notice two days before the actual renew date in your account. If you have a recurring payment set against 2checkout.com or Paypal, then you will automatically be charged on the day your renewal notice is sent. In case of payment set as manual, you need to pay your invoice manually. All hosting services will be deactivated on accounts that are not paid by the due date. YourSmartHost reserves the right to revoke this grace period if we observe late payment or if your payment method is mentioned as other. Ensure that all orders placed with auto recurring payment via 2checkout / Paypal are subjected to work on the monthly renewal date each month. If the payment gateway declines then the customer is subject to a $5 one time fee on top of the monthly renewal price. Any accounts made inactive for non-payment is subject to a $10.00 late payment fee.
Non-Recurring Fees: You are allotted monthly bandwidth allowance as per the web hosting package you have purchased. All customers must monitor their transfer or bandwidth usage. Bandwidth overages are charged at $1.00 per each GB used over the allowed limit of the package. Customers may opt to upgrade the bandwidth before their billing cycle ends. Once we upgrade your plan, you can not request a downgrade of the same plan for at least one month.
Taxes: At YourSmartHost’s request, Customer shall pay to YourSmartHost all sales, VAT or similar tax imposed on the provision of the services.
(G) Service Upgrades
Service and license upgrades must be maintained for a minimum of 30 days or one billing cycle, whichever comes first.
(H) Payments by eCheck / ACH
Electronic checks are securely debited from the U.S. bank account provided. Recurring payments are non-refundable, and customers are responsible for sufficient funds and any fees incurred.
(I) Fees and Penalties for eCheck / ACH
$5 fee for unsuccessful payment attempts. YourSmartHost is not liable for overdraft or insufficient funds fees.
3.4 Cancellation and Early Termination (VPS and Shared Hosting)
In any case YourSmartHost terminates the Agreement for Customer’s failure of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for YourSmartHost breach, the non-paying amount for each billing cycle unpaid in the Initial Term or then-current Renewal Term, as applicable, are payable on the business day after termination. Customer admits to give in writing to YourSmartHost the cancellation notice or downgrade of current package prior to the renewable term. Submit guidelines for cancellation:
- Cancellation request must be put forward to the billing department
- Cancellation request must be submitted from the primary email address registered with YourSmartHost
- Cancellation request must contain the main IP address (VPS account) or main domain (shared/reseller account) of the hosting plan you wish to cancel
3.5 Cancellation and Early Termination (Dedicated Servers)
14 days cancellation notice prior to the following renewal term must be submitted in writing to YourSmartHost or the Customer will have to pay full payment. The cancellation request will be subject to the following guidelines:
- Cancellation request must be submitted to the billing department at billing@yoursmarthost.com
- Cancellation request must be submitted from the primary e-mail address with YourSmartHost
- Cancellation request must contain the main IP address of the server you wish to cancel
3.6 Law / Acceptable Use Policy (AUP)
Customer agrees to use the service while following the applicable law and YourSmartHost’s Acceptable Use Policy at aup.html (the “AUP”), which is herewith merged by reference in this Agreement. Customer agrees that YourSmartHost may revise AUP periodically to further describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments made to the AUP are effective prior to YourSmartHost’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins after the amendments. Customer agrees to cooperate with YourSmartHost’s inquiry of any suspected breach of the AUP. In the event of a dispute between YourSmartHost and Customer regarding the interpretation of the AUP, YourSmartHost’s interpretation of the AUP shall be considered.
3.7 Customer Information
Customer represents to YourSmartHost that the information he, she or it has provided and will provide to YourSmartHost for configuring and maintaining the service is faithful. If Customer is an individual, Customer must represent that he or she is at least 18.
3.8 Indemnification
Customer accept to hold harmless YourSmartHost hosting, YourSmartHost’s affiliates, and each of their respective officers, directors, agents, and employees from any and against all threatened or actual claims, demands, liabilities, obligations, losses, damages, penalties, fines, amounts in interest, expenses and disbursements of any kind and nature whatsoever arising out of or relating to your breach of any terms & conditions, AUP of YourSmartHost.
3.9 Disclaimer of Warranties
YourSmartHost does not warrant or stand for that the services will be uninterrupted, error free, or completely secure. All services are provided on an “AS IS” basis.
3.10 Limitation of Damages
YourSmartHost will not be responsible for any damages your business may suffer. YourSmartHost makes no warranties of any kind, expressed or implied for services we provide. YourSmartHost disclaims any warranty or state or fitness for a particular purpose. Even if the party has been advised or aware of the possible damages.
3.11 Suspension / Termination
Suspension of Service:
Customer agrees that YourSmartHost reserves the right to suspend services to customer without notice and without liability in following cases:
- YourSmartHost fairly believes that the customers are violating the AUP;
- Customer fails to cooperate with any inquiry of any suspected violation of the AUP;
- When YourSmartHost considers that the suspension of service is needful to defend its network or its other customers;
- On request of law enforcement or regulatory agency.
Customer shall pay YourSmartHost’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
Termination:
This Agreement may be terminated by either Customer or YourSmartHost at any interval of time without prior notice or any cause. Unused portions of service will be prorated and refunded on request ONLY if the following conditions are met:
Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
3.12 Resource Usage
YourSmartHost customers may cannot initiate the following, if any customer performs it no refunds will be given. No warning will/won’t be sent to customers:
- CPU resources used for 25% or more for longer than 90 seconds. Various activities can cause such problems like CGI scripts, FTP, PHP, HTTP, etc.
- Run any kind of distribute computing software, including but not limited to SETI@home, Node Zero and Folding@home
- Use any interactive real-time chat applications that are based on server resources. Remotely-hosted services are fully allowed (applies to shared/reseller hosting only).
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons (applies to shared/reseller hosting only).
- Usage of any software that involves with an IRC (Internet Relay Chat) network.
- Run any file sharing, bit torrent or other P2P network services, client or server software.
3.13 Bandwidth Usage
Customer agrees that they will pay an “overage” if they have exceeded the use of allotted bandwidth. Every customer is allocated a monthly bandwidth allowance. This allowance depends on the hosting package you purchase. When your account exceeds the allocated amount, we reserve the right to:
- Suspend the account until the beginning of the succeeding allocation
- Suspend the account until more bandwidth is purchased at an additional cost
- Suspend the account until you upgrade to a package that suits your needs
- Terminate the account
If you exceed your bandwidth limit within the first 30 days of service, you cannot get a refund under the 30-day money-back guarantee, and you are responsible to pay for any overage.
3.14 Domains
YourSmartHost is not a domain registrar. We are a reseller for Enom & ResellerClub, so all YourSmartHost customers who purchase a domain or transfer a domain to us are bound by the terms and conditions of Enom & ResellerClub. You can only purchase a domain from YourSmartHost or transfer a domain to YourSmartHost while purchasing a hosting package. A notice has been sent from YourSmartHost once your domain is up for renewal. You may lose your domain if you do not renew it by the expiration date. YourSmartHost is not responsible for domain expiration of inactive hosting plans.
3.15 Requests for Customer Information
Customer agrees that YourSmartHost may report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that YourSmartHost believes violates applicable law.
3.16 Back-Up Copy
Customer accepts that they will maintain the latest copy of all content hold by YourSmartHost & that not bound to any agreement by YourSmartHost to render back up services.
3.17 Rebuild / Restore Requests
Customer can avail benefit of two free rebuilds for a control panel change and one free rebuild/restore during term period. After this if a customer request a rebuild/restore then a $5 one time fee will be charged.
3.18 Changes to Network
Upgrades and alterations in YourSmartHost’s network like software, hardware and service providers, may affect the Customer’s hosted applications in terms of interface and operations. YourSmartHost reserves the right to make modifications in its network for commercially reasonable discretion, and YourSmartHost shall not be liable for any damage to customer.
3.19 Notices
Any Notices by customers to YourSmartHost under the Agreement shall be given via e-mail for customer support at support@yoursmarthost.com. YourSmartHost will send any notices to Customer via e-mail to the individual listed as the Primary Customer Contact on the Order. Notices are received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
3.20 Force Majeure
YourSmartHost is not responsible for any damage, if the failure to perform the obligation is due to any event beyond YourSmartHost’s control, including, without limitation, significant failure of a portion of the power system, failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which measures cannot be taken by the industry.
3.21 Binding Arbitration
Disputes are resolved via arbitration under the American Arbitration Association Commercial Arbitration Rules. Each party bears its own costs.
3.22 Miscellaneous
These Terms of Service are subject to change any time.