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TERMS AND CONDITIONS


PLEASE READ THESE TERMS OF USE CAREFULLY, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

We may modify these Terms at any time at our sole discretion, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review the Terms periodically to be aware of such modifications and your continued access to or use of the Site shall be deemed your conclusive acceptance of the modified Terms.

General Privacy Policy

This privacy policy applies to all our websites, under Smashingclicks Pte Ltd (“Smashingclicks”, “Us”, or “We”). This privacy policy describes how Smashingclicks collects and uses the personal information you provide on our website: smashingclicks.com (“website”), mobile or other devices, advertising services, technologies, products and services (collectively “Services”). We collect personal data and endeavour to keep such data secure, and to be clear about how personal data is collected, used or processed, and the choices available to you to update or access your personal data.

In alignment with the Personal Data Protection Act (PDPA) 2012 of Singapore, this privacy policy covers how we protect the information collected. If you have any other specific queries, you may contact our Information Security Officer (“ISO”) and team by emailing us at privacy@smashingclicks.com.

Information Collection and Use (General)

1. Information provided to us

    1. You create a billing account with us or purchase any of our Services.

Please note that we may recognise you or your devices when you use our Services even if you are not signed in, as we may use cookies, device identification, and other signals, including information obtained from third parties to associate accounts and/or devices with you.

We keep personal information about our users to complete a customer’s order, respond to customer support services requests, account administration and products, assess the needs of a business or individual to determine suitable products and to protect us against fraud and abuse, which will generally include the following information:

    • Name
    • Address
    • Company Name
    • Telephone Number
    • Email Address
    • Username & Password
    • Credit Card Details (if applicable)
    • Business/Entity/Organisation and Identification Details
  1. You use our Services to communicate with others or post, upload, or store any data content (such as messaging services and attachments, comments, photographs, audio and video). Typically, such data will at least include your name or an email address.
  2. You complete contact forms or request newsletters or other information from us. Typically, this will be via email, live chat, or via our web forms.
  3. You participate in any contest, promotion, survey, or activity we promote that might require information about you.
  4. You submit an enquiry, expression of interest, application for a job, or otherwise wish to work with us.
  5. We (including our agents or representatives) receive an enquiry involving customer support, technical support, billing and accounts related support, compliance and legal issues, or media, including if you seek our assistance.
  6. We store and analyse any communication content, including email content from incoming and outgoing mail in order to personalise, develop, and/or provide relevant advertising, content, features, and Services.
  7. You otherwise use our Services, including to view content or install any software we make available.

2. Information from Analytics, Cookies, Tracking and Similar Technology

We may collect information from data collection technologies to allow us to understand your activity on and off our Services, to collect and store information when you interact with Services we offer to partners, and to analyse and improve the performance of our Services.

Such information:

  1. is collected when you access advertising, content, websites, interactive widgets, applications, and other products (both on and off of our Services) where our data collection technologies (such as cookies, development tools, and other technologies) are present.
  2. collected from your devices (including portable and non-portable computers, mobile phones, and tablets) that may include:
    • Device specific identifiers and information such as:
      • Browser configuration, plugins and version(s)
      • Cookie information
      • Device settings
      • Internet Protocol (IP) addresses
      • Location information or data capable of being used to approximate location
      • Metadata
      • Mobile Device and advertising identifiers
      • Mobile network information
      • Operating system type and version
      • Software data
    • Other information that allows us to recognise your activity across other devices and Services to provide you with personalised experiences and advertising across the devices you use. Consequently, the information we collect may include how you interact with our Services and those of our third-party partners.
  3. includes data about usage of services (such as language preferences, log files, metadata), as well as browsing behaviour and analytics such as:
    • the type of advertisement or content shown to you and your level of engagement (including links clicked)
    • the duration and frequency of your activities
    • the apps or websites you used immediately before and/or after accessing our Services
    • whether you visited an advertiser’s website, downloaded an advertiser’s app, purchased a product or service advertised, or took other actions

3.Information from Third Parties

We may collect information about you when we receive it from other users, third-parties, and affiliates, which we may use to analyse, expand, or update the accuracy of our records, identify new customers, and provide Services that may be of interest to you. Such information may be received:

  1. When you connect your account to third-party services or sign in using a social media website (such Facebook or Twitter)
  2. From publicly-available sources
  3. From advertisers about your experiences or interactions with their offerings
  4. When we obtain information from third-parties or other companies, such as those that use our Services. This may include your activity on other sites and apps as well as information those third-parties provide to you or us about their products or services.

Use of Information

Our website and mobile applications contains links to other websites whose pricacy practices may differ. If you submit any personal information to any of those sites, your information is governed by their privacy policies. We encourage that you carefully read the privacy policy of the third party websites you visit. This privacy statement applies solely to information collected by this website.

We combine and use the information we have about you (including such information collected through and outside of our Services) for the following purposes:

    1. Providing, developing, enhancing and improving Services we may offer or provide to you, such as:
      • Provisioning, activating, setting up and maintaining of Services and features related to the respective Services.
      • Improving, maintaining, and optimising the content, operation, and performances of our websites, mobile applications, social media pages, and Services.
      • Minimising the occurrence of fraud or abuse of our Services.
      • Identifying areas of improvement, possible or required enhancements to Services, errors, and any security risks.
      • Analysing your interaction with our Services, your content and other information (such as emails, instant messages, attachments, and other communications), and your interests.
      • Associating your activity across our Services and your different devices as well as associating any accounts you may use across our Services.
      • Carrying out or supporting promotions
      • Conducting research or supporting innovation
      • Collecting statistics about the overall use of our Services

This information relates to your purchase, use, and interaction with our Services, and usually consists of data that is aggregated or statistical about how customers use our Services. This information is not usually linked to personal information, but we treat the information as personal to the extent that it is linked to personal information.

    1. Contacting you ourselves or through a third party service provider regarding our Services via email, text messages (such as SMS messages), telephone calls, and automated calls or messages, including when:
      • Communicating regarding Services you have signed up for or purchased.
      • Communicating offers for additional Services that we think you may value if you consent or to the extent allowed based upon legitimate interests. You are not required to consent in order to purchase Services from us.

Your communication preferences can be updated with respect to receiving communications from us and/or our partners after signing into your Account Manager.

    1. Transferring your information to another country, such as:
      • If Services are provided to a country other than where our servers are located, your communications with us may result in transferring your personal information across international borders.
      • When you contact us by email, telephone, through our website (such as online chat), we may provide you with support from a location outside of your country of origin.

Regardless of the country where you reside, you authorise us to transfer, process, store and use your information in countries other than your own in accordance with this Privacy Policy and to provide you with Services. Some of these countries may not have the same data protection safeguards as the country where you reside.

    1. Legal, regulatory, law enforcement, and other purposes, for which we may access, preserve and disclose information to investigate, prevent, or take action in connection with:
      • Legal process and legal requests, including subpoena requests, Court orders, and when required by government or government agencies, law enforcement officials, and Courts, tribunals, and other judicial or quasi-judicial bodies to such extent (if any) that we determine in our sole discretion notwithstanding the jurisdiction from which said requirement is imposed.
      • Enforcing our Policies and Agreements.
      • Allegations or claims that any content violates the rights of third-parties.
      • Suspected activity that is unlawful, illegal, or unethical.
      • Requests for customer service.
      • Technical issues.
      • Protecting the rights, property or personal safety of us, our users or the public, including to lessen or prevent a serious and imminent threat to an individual’s life or health.
      • Establishing or exercising our legal rights or defending against legal claims.
      • Compliance with any ICANN, auDA, gTLD, or ccTLD policies, rules, regulations and/or specifications when you register a domain name with us. For example, we will share information in accordance with the gTLD Registration Data Specification published by ICANN – which as at 25 May 2018 can be viewed at the following link:Click Here.
      • A request by you to provide you with a copy of your information or to delete your information in accordance with this policy.
      • Otherwise complying as required by law
    2. Sharing your information with third parties we trust, and subsidiaries within the Dreamscape Networks group of companies including its personnel, officers, and agents, for them to provide Services or act on our behalf, such as:
      • Processing payments.
      • Customer service, including to address your requests, and for managing our relationships.
      • Contacting you with marketing information, contests, or surveys.
      • Advertising, location-based Services, search results, and other content consistent with your location settings.
      • A new owner if the ownership or control of any entity or business within the Dreamscape Networks group of companies changes as a result of a merger, acquisition, or sale of assets. This may amount to a complete transfer of the information rather than just sharing the information.

We do not share your personal information for a third party to provide any products or services outside of those requested or as needed on our behalf. These third parties (including subcontractors) would be subject to strict policies or agreements, in that they are prohibited from keeping, processing, sharing, or using your personal information for any purpose other than as they have been specifically contracted for (or without your consent).

    1. Sharing your information with non-affiliated companies who provide us with advertising, analytics, and business support.

We may share aggregate information with partners, such as publishers, advertisers, measurement analytics, apps, or other companies. For example, we may share information as to the performance, or report on key metrics and statistics related to said activity.

We do not share information that personally identifies you (personally identifiable information is information like name or email address) with such partners.

When you use third-party apps, websites or other products integrated with our Services, they may collect information about your activities subject to their own terms and privacy policies. The information collected does not include certain personal data such as name, address, billing information, etc. but may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside. or in which we operate.

We may allow third party companies to display advertisements on our webpages or apps to collect information from your browsers or devices. Other companies’ use of cookies and other data collection technologies are subject to their own privacy policies, not this one. Like many companies, we may allow cookie matching with select partners but do not allow access to our cookies.

You can control the technologies we use by managing your settings through the “cookie banners” that may be presented (depending on URL of website visited) when you first visit our webpages, or by modifying the settings in your browser.

Deleting or Obtaining Copy of Information

You can contact us to request a copy of your personal information or delete your information by emailing our Information Security Officer at privacy@smashingclicks.com. The Privacy Officer shall attend to your request on a confidential basis within thirty (30) days of the request being received. Any request for deletion will only be undertaken to the extent that it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements worldwide.

Access of your personal information may be refused if:

  • Providing access would pose a serious and imminent threat to life/health of an individual;
  • Providing access would create an unreasonable impact on the privacy of others;
  • The request is frivolous and vexatious; or
  • Denial of access is authorised/required by law.

Information Security, Storage, and Retention

We will endeavour to keep your personal information as secure as reasonably possible. Without limitation, registration information is not accessible over the Internet, but only from a secure password-protected internal workstation. Our Internet servers utilise a modern Linux-based operating system that is maintained with the latest available security patches and updates.

The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using Transport Layer Security (TLS), the successor to Secure Sockets Layer (SSL).

We follow the strict standards set out by the Payment Card Industry (PCI) Security Standard to store and protect the personal data we collect, both during transmission and once we receive it. We also adhere to ISO 27001 in the adoption of a business wide Information Security Management System (ISMS) to ensure information security is at the forefront of all aspects of business operations. However, as no method of transmission over the Internet, or method of electronic storage, is 100% secure, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us at privacy@smashingclicks.com.

We retain personal data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate, legal, or business purposes. These might include retention periods of up to six (6) years:

  • mandated by law, contract or similar obligations applicable to our global business operations;
  • for preserving, resolving, defending or enforcing our legal/contractual rights, and/or resolving disputes; or
  • needed to maintain adequate and accurate business and financial records.

If you have any questions about the security or retention of your personal data, you can contact our Information Security Officer at privacy@smashingclicks.com

Information Quality

Smashingclicks will take all reasonable actions to ensure the accuracy and quality of the information collected. If your personal information changes, or if you no longer desire our service, you may correct, update, amend, or deactivate your account by making the change on our member information page or by emailing us at support@smashingclicks.com. Should personal information be changed, it is your responsibility to bring the changes to our attention.

We will retain your information for as long as your account is active or as needed to provide you services. Deactivation of your account will not delete your personal information from our database entirely. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Tracking Technologies

Website Cookies

Smashingclicks uses cookies to remember a visitors’ settings and for authentication. A cookie is a piece of data stored on the user’s computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Users can control the use of cookies at their individual browsers. If you reject cookies from our site, you are still able to browse our website, but the ability to use some features or certain areas of our website may be limited.

Analytics Services

We, and/or our partners, affiliates, or analytics or service providers, may use tracking technologies such as cookies, beacons, tags, and scripts to analyze trends, track visitors’ movements in the site and gather related demographic information about our visitor base. We may receive reports based on the usage of such technologies from these companies on an individual or aggregated basis.

IP Addresses

Smashingclicks does link automatically-collected data to personal information. IP addresses are tied to personal information, used solely for the purposes of logging actions (updating profile information, buying products, page views etc) so that in the event of a dispute or issue, we can review the actions taken that led to the outcome and attempt to reenact the issues.

Behavioural targeting

Smashingclicks partners with third-party ad networks to either display advertising on our website or to manage our advertising on other sites or search networks. Our ad network partners use cookies and web beacons to collect non-personal information about your activities on this and other websites to provide you targeted advertisements based on your interests and/or actions.

Log Files

Like most standard website servers, Smashingclicks uses log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.

Sensitive Information

Smashingclicks will not collect information regarding your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or details of health, disability or sexual activity and/or orientation unless compelled to do so by law.

Social Media Widgets

Our website includes Social Media Features, such as the Facebook Like button, and Widgets such as the Share buttons or interactive sections that run on our website. These features may collect your IP address, which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy policy of the company providing it.

Use of Non-Personal Information

You acknowledge and agree that any testimonials or feedback you provide to us may be used for training and/or marketing purposes. We reserve the right to use any testimonials or feedback for any purpose at our sole discretion. You acknowledge and agree that any feedback you provide may be shared with third parties via social media and associated programs.

You acknowledge that you relinquish any proprietary rights you may hold over information, data, or opinions that you provide to us by way of a testimonial, complaint, or feedback.

If you wish to update or have us remove your testimonial/feedback, please contact us at support@smashingclicks.com

Data Protection Authority

If you are a resident of the European Economic Area (EEA) and believe we maintain your personal data subject to the General Data Protection Regulation (GDPR), you may direct questions or complaints to our lead supervisory authority, the UK’s Information Commissioner’s Office, as noted below:

www.ico.org.uk
Information Commissioner’s Office
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, United Kingdom
Phone: 0303 123 1113

Changes to the Privacy Policy

We may update this privacy policy to reflect changes to our information practices. If we make any material changes, we will notify you by email or by means of a prominent notice on this website prior to the effective change date. We encourage you to periodically review this page for the latest information on our privacy policy.

Contact Us

If you have questions regarding this privacy policy, please contact us at privacy@smashingclicks.com.

The above stated Privacy Policy is correct as of 18th of June 2018.

Security is taken very seriously here at Smashingclicks, and we have developed a system of processes, technologies, and policies to help ensure that your account, and all the data within it, is secure.

Our security practices cover five different areas: Physical Security; Network Security; Server Security; People Security; and Redundancy and Business Continuity.

Physical Security

Our datacenters are in secure facilities that are located in areas with no history of natural disasters such as earthquakes, fires, floods, etc.

  • 7x24x365 Security. Our data centers (and your data) are guarded around-the-clock by private security guards.
  • Video Monitoring. Each data center is monitored around-the-clock with security cameras.
  • Controlled Entrance. Access to the our data centers is restricted, and only pre-authorized personnel can enter.

Network Security

We protect your websites and data against sophisticated electronic attacks. The following is just an intentional partial, generic description of our full network security practices. If you require further details on our network security, please get in touch with us.

  • Control and Audit: All processes are controlled and audited for compliance and quality.
  • 128/256-bit SSL. Our products, where possible, support SSL to ensure that data communications are secured.
  • Intrusion Detection System/Intrusion Prevention System (IDS/IPS): High-performance and certified IDS/IPS protect our network and your data.

Server Security

As with our network security processes, our server security is tightly regulated. The following is not an exhaustive list of processes that we follow to ensure security on our servers.

  • Virus Scanning. Viruses are scanned for and detected using daily updated virus-scanning protocols.
  • Hardened OS: Operating systems are hardened for security as vulnerabilities are minimized.

People Security

We focus not just on the technology but on people as well. Policies about escalation, management, and daily operations are well-defined to manage security risks.

  • Authorisation: Only employees with the required clearance have access to specific servers and racks in our datacenter
  • Restriction: Only employees who need access to customers’ data (such as for troubleshooting) are given passwords and keys. Any access is logged and passwords are strictly controlled.
  • Auditing: Regular audits are conducted on our processes and reviewed by management.

Redundancy and Business Continuity

One of the core principles of our network and infrastructure design is redundancy, because we know that it is not a matter of if, but a matter of when, that hardware fail. As such, we have designed our network and servers with the following in mind:

  • Virtualised Architecture: Smashingclicks servers run on a virtualised architecture, meaning that any hardware that do fail, can and will be migrated instantaneously.
  • Data Back-ups. Data is backed-up regularly across multiple servers, ensuring an up-to-date copy of data even with hardware failures or disasters.
  • Internet Redundancy: Smashingclicks network is connected to the world through multiple Tier-1 ISPs, ensuring that we don’t depend on any single one bandwidth provider.
  • Power Redundancy: All of our servers come with power redundancy.
  • Redundant Network Devices: Our network makes use of redundant network devices, i.e.switches, routers, gateways, to avoid any single point of failure on our network.
  • Geographical Separation: Separate geographic locations for customers who require Disaster Recovery and Business Continuity is available on selected products.
  • Fire Prevention: Smashingclicks datacenters are protected by industry-grade fire prevention and fire control systems.

Additional Information

The areas listed above are brief and generic for security reasons, but we have taken great steps to ensure that our security policies, and architecture are reliable and secure.

For more information about our security here at Smashingclicks, please feel free to contact us.

The above stated Securities Policies are correct as of 18th of June 2018.

1. General

These Terms & Conditions apply to between you & Smashingclicks and you accept and agree to be legally bound by our terms and conditions should you engaged any of our services provided at any time. We may change the terms and condition at any time without notice. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using our services provided and information or applications provided by this website or via our partners immediately.

2. Intellectual property and acceptable use 

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

We may amend these terms from time to time. Every time you wish to use our website, please check these terms to ensure you understand the terms that apply at that time.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us or as a reseller of products or services. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of Singapore. Smashingclicks may issue a press release announcing client’s selection of our services after provisioning, or write as case study to be published,

3. User Generated Contents

This website may include information and materials uploaded by other users of the website, including to blogs, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our website do not represent our views or values.  

4. Uploading of contents to our provided services:

Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other users of our website, you must comply with the content standards set out in these terms.  You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.  We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in these terms.  You are solely responsible for securing and backing up your content.  

5. Accounts and registrations

In order to use the Service you must register to create an account with us (“Account”). During the registration process, you will be required to provide certain information to us and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Smashingclicks reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify smashingclicks of any unauthorized use of your Account. 

6. Payments / Termination/ Cancellation

You must provide Smashingclicks with accurate and up-to-date billing information including legal name, address, telephone number, and billing information. All Service Order must be paid prior to any service start date unless otherwise agreed by SMASHINGCLICKS at its sole and absolute discretion. Any amounts paid after the Due Date shall bear interest at the rate of one percent (1%) per month or the prevailing rate as may be charged by SMASHINGCLICKS from time to time.

If payment is not received for any reason in advance of the billing period, Smashingclicks reserves all rights to either suspend or terminate your access to the Site and/or any Service and terminate these Terms of Use. All fees billed are non-refundable. All plans or packages of any hosting or services subscriptions will automatically renewed for additional, successive subscription periods equal in duration to the initial subscription period that you initially purchased unless you terminate your subscription prior to the next renewal period. You acknowledge and agree that Smashingclicks will automatically charge for the then-current subscription period upon the commencement of any renewal period. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Smashingclicks does not accept any liability for such loss.  

If you breach any of out terms and conditions in this page, Smashingclicks will have the right to suspend or disable your Account or terminate this Agreement, at its sole discretion and without prior notice to you. Smashingclicks reserves the right to revoke your access to and use of the Service at any time, with or without cause. You may cancel your Account at any time by email to support@smashingclicks.com. Upon any termination of this Agreement or cancellation of your Account, you must promptly destroy all originals and copies of the Smashingclicks provided frontend/ backend, templates or files of any-kind in your possession or control and so certify in writing to Smashingclicks and cease any further use of the Smashingclicks Services

7. Third-Party Sites

Our Service(s) may permit you to link to other websites or resources on the Internet, and other websites or resources (Like plugins or images) may contain links to the Site. These other websites are not under Smashingclicks control, and you acknowledge that Smashingclicks is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Smashingclicks or any association with its operators. You further acknowledge and agree that Smashingclicks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource

8. Indemnity

You agree to defend, indemnify, and hold Smashingclicks, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or relating to: (i) your use of or access to the Smashingclicks Services: (ii) your breach of this Agreement; or (iii) your violation of applicable laws, rules or regulations in connection with your use of our Services.  

9. Propriety Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Smashingclicks used herein are trademarks or registered trademarks of Smashingclicks. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.  

10. Entire Agreement

This Agreement constitutes the entire and exclusive understanding and agreement between Smashingclicks and you regarding Smashingclicks Services, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between Smashingclicks and you regarding the Services.  

11. Contact Us

For more information about our security here at Smashingclicks, please feel free to contact us.

The above stated are correct as of 18th of June 2018.

 

1. General
Shared hosting (Non VPS, Non CloudServers and Non Dedicated Server) is intended for the subscriber’s use only. Subscriber may not sublet, sublease, subhost, or give away any portion of the resources to anyone other than the subscriber. Examples include: creating sub-accounts for other people (for profit or otherwise), hosting of multiple commercial or non-commercial entities that are not directly owned by the customer, resale of sub-accounts, etc. Doing so will result in immediate account termination.

2. Content
All services provided by Smashingclicks Pte Ltd are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any local or international 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 Smashingclicks Pte Ltd, from any claims resulting from the subscriber’s use of Smashingclicks Pte Ltd’s services which damages the subscriber or any other party.

Note: Pornography and sex related merchandising are prohibited on any Smashingclicks Pte Ltd hosting account. 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 Smashingclicks Pte Ltd servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of prohibited content (i.e. in the form of website material, domain names, or links) include, but are not limited to, the following:

  • IRC software
  • Pirated software
  • Hacking sites, programs or archives
  • Warez sites
  • Phishing sites
  • Distribution of music files or any other material in which the account holder does not own the copyright.
  • Adult sites
  • Pharmaceuticals/Drug Sites
  • Game Servers (dedicated game server programs)

Smashingclicks Pte Ltd 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.

The responsibility for ensuring compliance to illegal or unlawful activities rests primarily with the subscriber. Smashingclicks Pte Ltd will not, as a standard practice, monitor its subscribers to ensure that they comply with this policy or any applicable laws. However, when Smashingclicks Pte Ltd becomes aware of these activities, action may be taken to suppress these activities, including but not limited to, removing the information, shutting down an account or website, or any other action deemed appropriate.

Smashingclicks Pte Ltd reserves the right to directly take action against a customer of a subscriber in violation of these policies. Smashingclicks Pte Ltd also reserves the right to take action against the Smashingclicks Pte Ltd subscriber because of activities of a customer of the subscriber. Any Smashingclicks Pte Ltd subscribers will cooperate with Smashingclicks Pte Ltd in any corrective or preventive action that Smashingclicks Pte Ltd deems necessary. Failure to do so is a violation of Smashingclicks Pte Ltd’s policy.

From a security standpoint, Smashingclicks Pte Ltd recommends that all its subscribers assume that all of their online communications are inherently insecure and take steps to enforce the security of information transmitted. Smashingclicks Pte Ltd cannot take any responsibility for the security of information transmitted using Smashingclicks Pte Ltd’s facilities.

Smashingclicks Pte Ltd will not monitor the content of electronic messages sent or received by its subscribers unless required by law, government authority, or when public safety is at stake. To maintain the operation of Smashingclicks Pte Ltd’s networks, and to comply with public safety, court orders, subpoenas, summons, discovery requests, warrants, statutes, regulations, or government requests, Smashingclicks Pte Ltd may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site residing on our servers. Smashingclicks Pte Ltd assumes no obligation to inform the subscriber that this information has been provided, and in some cases may be prohibited by law from giving such notice.

Smashingclicks Pte Ltd expects that its subscribers who provide Internet services to others have to comply fully with all applicable laws. A subscriber’s failure to comply with any laws will violate Smashingclicks Pte Ltd policy. In subscribing to services from Smashingclicks Pte Ltd, subscribers indemnify Smashingclicks Pte Ltd for any violation of the service agreement, law, or Smashingclicks Pte Ltd policy, that results in loss to Smashingclicks Pte Ltd or the bringing of any claim against Smashingclicks Pte Ltd by any third-party. This means that if Smashingclicks Pte Ltd is sued because of a subscriber’s activity or customer of a subscriber’s activity, the subscriber will pay any damages awarded against Smashingclicks Pte Ltd, plus costs and reasonable attorneys’ fees.

To report cases of prohibited content, please send an email to abuse@Smashingclicks.com, and an investigation will be conducted. Account holders in violation of any local or international law will not be condoned and will be shut down.

3. Resource-intensive Scripts

Any website or scripts that utilises a higher than accepted amount of server resources (such as, but not limited to, CPU cycles, RAM usage, and network resources) will be given the option to reduce the resource utilisation to an acceptable level, or upgrade its web hosting service to a higher plan that can accomodate the server resource usage. Websites or scripts constantly found abusing common server resources will be suspended and/or terminated. Resource-intensive scripts such as Magento (as per Magento’s developer’s advice), PennyAuction, GroupBuy are not allowed to be run in a shared hosting environment.

4. 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.

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. Unauthorized background processes shall result in immediate termination of the account. Smashingclicks Pte Ltd maintains the right to cancel accounts at its discretion.

PHP Shell – PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

4. Commercial Advertising (Email)

  • Spamming, i.e. the sending of unsolicited email, from any Smashingclicks Pte Ltd server or any server located on the Smashingclicks Pte Ltd network is STRICTLY prohibited. Smashingclicks Pte Ltd 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 Smashingclicks Pte Ltd.
  • Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Smashingclicks Pte Ltd customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Smashingclicks Pte Ltd-hosted domain, or referencing any Smashingclicks Pte Ltd account, is prohibited.
  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
  • Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
  • Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

5. Server Abuse

Any attempts to undermine or cause harm to a Smashingclicks Pte Ltd server or subscriber of Smashingclicks Pte Ltd is strictly prohibited including, but not limited to:

  • Logging into a server or account that you are not authorized to access
  • Accessing data or taking any action to obtain services not intended for you or your use
  • Attempting to probe, scan or test the vulnerability of any system, subsystem or network
  • Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System
  • Interfering with, intercepting or expropriating any system, data or information
  • Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of Smashingclicks Pte Ltd and all account holders must adhere to the above policies.

6. Scheduled Maintenance and Downtime

Smashingclicks Pte Ltd will use its commercially reasonably efforts to provide services 24 hours a day, 7 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 Smashingclicks Pte Ltd’s control or which are not reasonably foreseeable by Smashingclicks Pte Ltd, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Smashingclicks Pte Ltd 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. Smashingclicks Pte Ltd has no responsibility for downtime resulting from a user’s actions. Also, the 100% network uptime guarantee does not apply for shared accounts.

7. Backups

Only Linux-based accounts have backup services. All backup services are merely provided as a convenience to clients and Smashingclicks Pte Ltd will not accept any liability for any loss of data. All clients are urged to perform their own backups regularly, and perform backups before any major change to their websites.

8. Refunds

Refunds will be given at the discretion of the Company Management. All fees outside of our 30-day money back guarantee are non-refundable and non-negotiable. The 30-day money back guarantee only pertains to Basic hosting plans. Any setup fees are NON-refundable. The cost of the domain (e.g. SGD30 for .com and SGD60 for .sg) will be deducted from the refund amount if a free promotional domain was registered. Domain names are not applicable for any refunds, but the domain name will still be rightfully owned by the registrant. All credit card payments are subjected to 5% transactional charges from our payment processor, which will be deducted from the total refund amount.

Any violation of Smashingclicks Pte Ltd’s Terms of Service Agreement shall result in no refund.

9. Limitations on Email

Sending mass emails (more than 200 email addresses per hour) on Basic hosting accounts may cause your emails to be lost or sent unsuccessfully because of the shared usage of email resources. For mass sending of emails, please purchase our hostElite Plan for dedicated email queue, VPS or Dedicated Servers.

10. Limitations on Use (Server resources / Bandwidth / Email)

Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.

11. Fair use on Bandwidth / Data Transfer And What “Unmetered” Means

Smashingclicks Pte Ltd does not set arbitrary limits on the exact amount of resources a Subscriber can use. In good faith and subject to these Terms, Smashingclicks Pte Ltd makes every commercially-reasonable effort to provide its Subscribers with the resources needed to power their web sites successfully, as long as the Subscriber’s usage complies with these Terms. By not setting arbitrary limits on resources, Smashingclicks Pte Ltd is able to provide simple, consistent pricing to Subscribers for their websites.

What “unmetered” DOES NOT mean. In order to ensure a consistent and quality experience for all Subscribers, Smashingclicks Pte Ltd has automated safeguards in place to protect against any one website from consuming too many resources, and adversely impacting the other Subscribers until Smashingclicks Pte Ltd can evaluate said site’s resource needs. Smashingclicks Pte Ltd’s offering of “unmetered” services is not intended to allow the actions of a single or several Subscribers to unfairly or adversely impact the service experienced by other Subscribers.

Smashingclicks Pte Ltd’s shared hosting service hosts multiple Subscriber web sites from the same server, and allow them to share server resources. Smashingclicks Pte Ltd’s service is designed to meet the typical needs of individuals and small business website Subscribers. It is NOT intended to support the sustained high demands of large enterprises, international businesses, or non-typical applications better suited to a dedicated server.

Smashingclicks Pte Ltd does not set arbitrary limits on the exact amount of traffic a website can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, as long as the Subscriber’s use of the Services complies with these Terms. In most cases, a Subscriber’s web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Smashingclicks Pte Ltd reserves the right to limit processor time, bandwidth, processes, memory, or number of files, in cases where it is necessary to prevent other Subscribers from being negatively affected.

To prevent excessive bandwidth usage in a shared environment, and to maintain the quality of data transfer rates for each shared hosting customer, certain heavy bandwidth-intensive sites are discouraged, such as, but not limited to, the following: file sharing (music, video, etc), game servers, etc. Bandwidth usage is checked daily, and successive abusers will be required to upgrade their plans, or failing that, may be subjected to immediate account suspension.

For users that require high data transfer rates, higher resources, and dedicated bandwidth, you should consider upgrading to a VPS account or Dedicated Server to ensure the best resources for your website. Dedicated bandwidth is only applicable for non-shared web hosting.

12. Account Setup, Termination, and Billing

Upon submission and confirmation of your order, Smashingclicks Pte Ltd reserves the right to process your order and invoice you for the fees. The account will be charged on the day the order is processed, regardless of the services’ activation date. Our system will automatically generate the invoice when your account is due for renewal. If you wish to terminate your account, contact our billing department for termination, and upon verification, your invoice and related subscription services will be stopped.

Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is processed by the bank and funds are received.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 7 days of the due 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 30 days of the invoice date, the account will be terminated and all information within the account will be deleted. Smashingclicks Pte Ltd reserves the right to invoice you for subscription fees, should there be no termination requests for your services before they expire.

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.

13. Domain Names

Parked Domain Names: There is no charge for parking additional domain names.

Virtual Domain Names: Additional domains that point to a sub folder (Virtual Domains) are free.

Domain Name Transfers: Smashingclicks Pte Ltd shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.

14. 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. Smashingclicks Pte Ltd is not responsible for lost data or for lost data due to third party software that is not maintained by Smashingclicks Pte Ltd programming staff. (Cpanel is not associated with Smashingclicks Pte Ltd)

15. Non-disclosure of Confidential Information

Smashingclicks Pte Ltd agrees not to use any Proprietary or Confidential Information (“Confidential Information”) disclosed to it by the customer for its own use or for any purpose other than to carry out discussions concerning, and the undertaking of, maintaining and troubleshooting the customer’s account.

Confidential Information includes, but not limited to, login information, passwords, files, databases (including, but not limited to, products, services, and customers), web designs, configuration information, or financial information of the customer.

16. Service Level Agreement (SLA)

Smashingclicks Pte Ltd’s goal is to achieve 99.9% Web Site Availability for all customers.

SLA in connection – any failure or deficiency of Web Site Availability caused by or associated with:

  1. Circumstances beyond Smashingclicks Pte Ltd’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA
  2. Failure of access circuits to the Smashingclicks Pte Ltd Network, unless such failure is caused solely by Smashingclicks Pte Ltd
  3. Scheduled maintenance and emergency maintenance and upgrades
  4. DNS issues outside the direct control of Smashingclicks Pte Ltd
  5. Issues with setup of services e.g. FTP, POP, IMAP, or SMTP
  6. False SLA breaches reported as a result of outages or errors of any Smashingclicks Pte Ltd measurement system
  7. Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of Smashingclicks Pte Ltd’s Terms and Conditions and Acceptable Use Policy
  8. Customer’s software causing a unreasonably high level of server resource usage
  9. E-mail or webmail delivery and transmission
  10. DNS (Domain Name Server) Propagation
  11. Outages elsewhere on the Internet that hinder access to your account. Smashingclicks Pte Ltd is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Smashingclicks Pte Ltd will guarantee only those areas considered under the control of Smashingclicks Pte Ltd: Smashingclicks Pte Ltd server links to the Internet, Smashingclicks Pte Ltd’s routers, and Smashingclicks Pte Ltd’s servers

17. Limitation of Damages

Recovery of damages from Smashingclicks Pte Ltd may not exceed the amount of fees it has collected on the account.

18. 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 Smashingclicks Pte Ltd.

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by Smashingclicks Pte Ltd administrators without prior notice.

All prices, with the exception of the 30-day money back guarantee, are non-refundable and non-negotiable.

The 30-day money back guarantee only pertains to shared hosting plans.

Any violation of these Terms of Service will result in termination of the account. Smashingclicks Pte Ltd maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice.

The above stated Terms of Service is correct as of 14th June 2014.