Web Hosting Terms and Conditions
Acceptable Use Policy

The Acceptable Use Policy specifies the actions prohibited by Strategic Micro Systems of NJ, LLC, Inc. ("SMS") to users of the SMS Network. Strategic Micro Systems Network (SMS Network) refers to any connection to the SMS Server or virtual domains hosted on SMS Server. SMS reserves the right to modify this policy at any time, effective upon posting the Policy on the web at http://www.stmicro.net/terms.htm  - User refers to customer as specified on Web Hosting contract.

SERVICES. User access to their domain and usage of E-mail services on the SMS server is subject to adherence of all terms as outlined herein. Services will be activated for user on activation date as specified on signed contract.

USERS RESPONSIBILITIES. User is solely responsible for user’s personal use of the resources made available through SMS.. User shall provide all equipment required to use and maintain the security of its password and be responsible for all charges incurred on User’s account. User shall not use SMS network in a manner that is libelous, defamatory, obscene, infringing, illegal or in violation of any SMS policy. User may not use the e-mail system to send unsolicited mail, Usenet postings, or any other type of spam e-mail. User shall not abuse the system or the Internet or its resources. User shall indemnify and hold harmless Strategic Micro Systems of NJ, LLC, from and against any liabilities, expenses (including attorneys’ fees) and damages arising out of any claims based on User’s use of SMS services, including any claim of libel, defamation, unfair competition, violation of rights of privacy or publicity, infringement of any intellectual property rights or any other illegal act of User.

SYSTEM AND NETWORK SECURITY. Violations of system or network security are prohibited, and may result in criminal and civil liability. SMS will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owners of the system or network, Unauthorized monitoring of data or traffic on any network or system without express authorization of the owners of the system or network, Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

PAYMENT TERMS. All payments must be made with Credit Card and will be billed by the quarter.  User will be invoiced each quarter therein, with the initial payment prorated to include current quarter and next quarter. Subsequent invoices will be sent out quarterly.  Credit card will be charged upon generation of invoice (usually 30 days prior to expiration of current quarter). If payment is not able to be charged 30 days after invoice date, all web hosting and e-mail services will be suspended and users will be redirected to a suspension notication URL.  A $50 reactivation fee will apply if service is interrupted due to non payment. User agrees to pay all expenses incurred by Strategic Micro Systems of NJ, LLC, in the collection of any overdue amounts. Strategic Micro Systems of NJ, LLC,.may change its prices upon 30 days electronic mail notice to User.

INITIAL FEES. User’s billing cycle will commence on the activation date as listed on the Web Hosting Contract. This activation date reflects the actual time that the user’s web address (www.yourdomain.com) becomes active on our system. It is from this date that service commences. For monthly plans, User’s initial billing will consist of set up fees plus current and next quarter charges (prorated). User’s account will not be activated until these initial fees are received and processed by the Strategic Micro Systems of NJ, LLC, Inc.. For Yearly plans, (web hosting packages), billing will consist of the entire amount including setup fees and all other necessary and related charges. ILLEGAL USE. SMS may only be used for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

TERMINATION. User’s account may be terminated by (1) User upon 30 days’ written notice prior to User’s next billing cycle, or (2) Strategic Micro Systems of NJ, LLC, Inc. at any time, without notice, if User fails to abide by the terms of this Agreement, including failure to pay amounts when due. In addition, User agrees that SMS may revoke access to SMS Web Hosting Accounts for abusive conduct on the system and/or the Internet. Termination will be effective at the end of the billing cycle. If User terminates its SMS account within 30 days of activation, User shall receive a full refund of amounts paid, excluding InterNIC charges and registration fees associated with domain name registration and any excess bandwidth or other additional usage charges incurred during such period.

LIMITATION OF LIABILITY. STRATEGIC MICRO SYSTEMS OF NJ, LLC, SERVICES ARE PROVIDED "AS IS". SMS MAKES NO REPRESENTATION OR WARRANTY REGARDING CONTENT, GOODS OR SERVICES PROVIDED AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. STRATEGIC MICRO SYSTEMS OF NJ, LLC, INC. DOES NOT WARRANT THAT SMS NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE. SMS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF USER’S USE OF OR INABILITY TO USE SMS SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF SMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU, THE USER, AND [Strategic Micro Systems of NJ, LLC,] ("SMS"). BY USING STRATEGIC MICRO SYSTEMS OF NJ, LLC, SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY SUBSEQUENT MODIFICATIONS THAT MAY BE POSTED ONLINE BY STRATEGIC MICRO SYSTEMS OF NJ, LLC. GOVERNING LAW. This Agreement shall be governed by and interpreted in accordance with the laws of The State of New Jersey and the United States of America.