Terms of Service

General

www.smartydns.com (hereinafter called SmartyDNS) provides VPN and Smart DNS services under the name of SmartyDNS. These terms will be revised from time to time. Customer’s use of SmartyDNS services after changes to these terms will be posted on SmartyDNS web sites and will constitute the customer’s acceptance of any new or additional terms.

It must be kept in mind that SmartyDNS does not review, edit, censor, or take responsibility for any information its clients may create. When clients place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech.

SmartyDNS reserves the right to terminate the service agreement to any user if such user was found conducting questionable activities at the discretion of SmartyDNS administrators. SmartyDNS does not host and storage any copyrighted contents.

You are not allowed to copy, modify, create a derivative work of, decompile or otherwise attempt to extract the source code of the SmartyDNS software or any part of it.

Service Quality

  • Your service speed may vary depending on Internet connection speed and we don’t guarantee a certain level of speed.
  • We may block certain kinds of usage to protect other users, to comply with legal restrictions or to minimize the threat or legal action against us or our users.
  • All services are provided to you “as is” without any additional guarantees or obligations on our part.
  • We will try our best to maintain service quality and to limit interruptions to your service, however we cannot guarantee uninterrupted service. The service may be unavailable due to variety of factors beyond our control including emergencies, third party failures, interference, and may be interrupted, blocked or limited by other network providers.
  • We are not in any shape or form liable for any damages resulting from interruptions in Service or your inability to use the Service.

Passwords and Security

As part of the registration process, you will create your username and you will choose your passwords to access your account. You agree to carefully safeguard all of your password. You are solely responsible if you do not maintain the confidentiality of passwords and account information. To access VPN services you will be provided with a username and password and to access Smart DNS service you will be provided with a unique Smart DNS Key. You have the obligation to keep the password and the key in secret. If they become known by other persons and use it your services might be interrupted.

Prohibited Activities

  • We do not accept orders from proxy or VPN IP address.
  • Intellectual Property Violations – the engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. SmartyDNS is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement laws.
  • Any Other Illegal Activities.

Refund Policy

We offer 30-days money back guarantee if our service did not work as advertised!

We do not offer money back in following cases:

Logging Policy

SmartyDNS keeps no connection logs and no activity logs. We don’t record, log or store any data relating to your activities while using our VPN, ensuring no user can be matched to specific network activity or behavior.

Privacy Policy

In order to provide the service we have to collect some data from our clients, but we keep the data collected to a minimum.

What data do we collect?

Creating an account

When registering a trial account or ordering our services we will collect only your email address.

If you wish, you can also enter the following personal information, but it’s not mandatory:

  • Your name
  • Country
  • City, Address, Zip code
  • Company
  • Phone number
  • Non-personal Data

Additionally, as part of our fraud detection measures and to keep the system up and running, we collect the IP address and host you used the last time you signed in to our website and some system logs. This is not, at any point, associated with any kind of activity done by the user inside the SmartyDNS VPN tunnel which is NOT recorded, logged or stored at all.

Using our services

While using our services, you may write us emails or submit support tickets, order our services, create usernames and passwords. In these cases we will collect:

  • Emails or support tickets we receive
  • Invoices
  • Transactions details (payment method, amount, date)
  • Information required to log into our VPN and Smart DNS services through our softwares or manual created connections.

Using our website

Our website may use 3rd parties such as Google Analytics and we may use cookies to better understand how you use the site and ways that we can improve your experience.

All the info we collect is maintained by highly trained professionals by the industries standards.

Sharing Your Personal Data

SmartyDNS will not sell or rent Your personally identifiable information to anyone unless You expressly consent to disclosures of Your personal identification and other personal information to third parties. We may send personally identifiable information about You to third parties when:

  • In order to process payments and activate the service for you we may have to send some information to trusted vendors (such as PayPal, PayPro, Coingate and other) to verify the transactions.
  • We respond to subpoenas, court orders or legal processes which require us to disclose Registration Data or any information about You to law enforcement or other government officials as SmartyDNS, in its sole discretion, believes necessary or appropriate.
  • We reserve the right to collect and use Personal Data when this is necessary to protect our rights in court.
  • We may share some Non-personal data to optimize the usability and promotion of our services and website with services like Google Analytics or Facebook.

Your rights and Control

You have the right to:

  • Access the data that is provided to you through your account
  • Rectificate your Personal Data
  • Erase your Personal Data
  • Restrict the processing of your Personal Data
  • Object to processing your Personal Data
  • Have a Personal Data portability
  • Complain to a supervisory authority
  • Withdraw consent.

We provide several tools to access, change and erase your Personal Data that we hold in our Client Area. If you need additional help to use your rights please send a request to support@smartydns.com and we will help you. You must understand that processing and verifying your request can take a significant amount of time.

Enrollment in the SmartyDNS Affiliate Program

You must submit an Affiliate Program application form on our website. You must use your true identity and contact information. You must provide us with any future updates regarding your contact details. Each application is manually reviewed and accepted by us. We reserve the right to refuse your application without disclosing why we did it. We will only accept your application if you have a public website that will be used to promote our services.

All tracking, link counting, and determinations of Qualified Actions and Commissions shall be made by SmartyDNS at its sole discretion according to our tracking technology. In the event that the Affiliate is also tracking Qualified Actions, tracking results from SmartyDNS shall always have priority.

Commission Fees Payment

  • You will be able to request payment for any earned Commissions and Qualified Actions when the amount in your account is greater than $50. We reserve the right to file a chargeback for any previously paid Qualified Actions that are later determined to have not met the requirements to be Qualified Actions. 
  • A “Qualified Action” is considered a finalized purchase referred through your Affiliate Link by an individual person who is not computer-generated, such as a robot, spider, computer script, or other automated, artificial, or fraudulent methods used to pretend to be an individual, real-life person (as determined by SmartyDNS); is not using pre-populated fields, is not later determined to be fraudulent, incomplete, unqualified, or a duplicate user.
  • The payment method for the Commision withdrawal will be PayPal. The affiliate is responsible for having a PayPal account and giving us the correct information about it. SmartyDNS Inc. will send payments using the details provided by you, and we shall have no liability for lost payments as a result of details being incorrectly submitted by you. All payment transaction costs and expenses should be covered by Affiliate. 
  • The Affiliate Commision withdrawal is delayed by 30 days in the event of any chargeback(s), refunds, or cancellations by customers referred by you. Refunds will be made to customers in accordance with our Refund Policy or at our sole discretion.
  • Affiliate will have to send us an invoice in order to be able to withdraw the Commision. The invoice will contain your name, address, and Affiliate ID.

Limitations and Anti-Spam Policy

You may not use the following methods to sell or promote our services:

  • Email Spam
  • Comment Spam
  • Black Hat techniques
  • Usage of banned keywords: bidding on any online advertising system (such as Google Adwords) for SmartyDNS’ brand-related keywords and any variation or misspelling of SmartyDNS;
  • Affiliate cannot advertise non-valid discount coupons, or advertise the discounts we offer for billing cycles bigger than Monthly as a discount coupon;
  • Affiliate is not authorized to advertise Company Coupons or use Coupons from other Affiliates or any other third party
  • You can’t order the service for yourself;
  • The advertising campaigns shall not violate national or international advertising and marketing laws. Also, they shall not violate the intellectual property rights of third parties.

The Affiliate is solely responsible for confirming the legal requirements when publishing the advertisements. SmartyDNS can never be held responsible for the contents of commercials or the context (how and where) the commercials are released.

In case you don’t follow Limitations and Anti-Spam Policy requirements, we reserve the right to place restrictions on or suspend your account upon written notice to you.

Termination and Modification of Agreement

SmartyDNS reserves the right to change this Agreement at any time, so we advise affiliates to review it periodically. The changes will be effective immediately when posted. Affiliate’s continued use of the Company’s Site or participation in the Program following the posting of any changes to this Agreement shall constitute Affiliate’s acceptance of the changed Agreement.

SmartyDNS reserves the right to close an affiliate account and stop payments upon written notice to you, including but not limited to suspending your account and retaining all sums within the account as well as commencing a full investigation. We will remove the restrictions only once we are satisfied that the matter is resolved.

The Affiliate’s account could be terminated due to several reasons (but not limited to them): 

  • If you have not earned any Commissions or have not logged into your Affiliate account within a 6-month period;
  • If the rate of the chargeback(s), refunds, or cancellations on your account is unusually high, or we suspect your affiliate account is being used for fraudulent activity;
  • A very outdated review that may damage our reputation;
  • The website or the review about us becomes unavailable;
  • If Affiliate violates the Agreement;

Policy Updates

We reserve the right to make changes in our terms of Service at any time and at our sole discretion. The changes and updates will be effective immediately, therefore we encourage you to check our Terms of Service regularly.

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