a. Content that promotes or contains links to sites containing nudity, pornography, adult material, sex, exploitation of children, gambling, etc. Websites must be viewable by all audiences.

b. Content that infringes on copyright, trademark, patent, trade secret or other intellectual property.  This includes "warez" (pirated software), unlawful MP3 music files, copyrighted images or videos, etc.

c. Content that condones, promotes, contains, or links to unlawful products or activities, including cracks, hacks, sniffer log files, keystroke log files, their associated utilities, or other piracy related information.

d. Websites using our free service that primarily serve non-html files. Non-html content includes binary files, downloads, large images, streaming media, video clips, programs (e.g. .exe), large media files split into multiple small ones, archived material (e.g. .zip, .rar, .ace, etc). Windows executable files (.exe, .com, .bat, .pif, etc.) are not permitted.

Sites using our free service, with little html content, and whose main purpose is for sharing non-html files for download, may be removed without notice unless they are displaying their fair share of advertising in relation to the amount of bandwidth they use. eSmartStart derives its operating expenses from advertising. Hence, sites that use large amounts of bandwidth with little contribution to eSmartStart's advertising revenue may be terminated without notice. Sites using our free service may not exceed 1 Gigabyte of bandwidth per month.

On free accounts, eSmartStart does not permit "hotlinking". All non-html files must be linked to html pages on the user's site. Links to non-html files on a user's page from other sites must FIRST link to an html page on that user's account. Other sites may NOT link directly to non-html content such as images. Individual files stored in users' free web space may not exceed 800k in size. They may not be stored in archived or encrypted format (e.g. zip, rar, ace, exe, etc).

e. The creation of an excessive number (in our opinion) of accounts, or websites that span multiple accounts in order to increase available web space. Each account must host its own website and may not be a duplicate or an extension of another website on eSmartStart's servers.

f. Websites using our free service with primarily non-English content. Our advertising is targeted toward English speakers. Since advertising is our main source of income and clicks tend to be low on non-English websites, we insist that all free websites be in the English language.

g. Attempts to circumvent the display of advertising. User pages on our free service are required to display advertisements.  Any attempts to undermine or avoid the display of the advertisement is considered a violation of this agreement and will render the site subject to immediate removal.

h. Websites that promote or are promoted by the sending of unsolicited e-mail (spam) or bulk submissions to search engines, blogs, chatrooms, etc. or are used primarily as jumping points to other websites and have little inherent content. Users who utilize eSmartStart's resources for "spamvertising" are are liable to have their accounts terminated.

i. Content that is racist, or otherwise extremely offensive to others, including content which threatens or abuses others.

j. Sites that abuse our upload services by excessive uploading or attempting to maintain long-term persistent connections via auto-updates. This includes webcam or weather sites that "camp" on the FTP servers or make excessively frequent connections to auto update images.

k. Sites that display competing Google Adsense or Yahoo Publisher ads on pages where eSmartStart is already displaying such ads.

eSmartStart may terminate user accounts at any time, without notice for conduct that violates these rules. eSmartStart may also terminate user accounts and delete any and all user information for conduct that it believes is harmful to its business, or any of its users, or partners.

eSmartStart.com provides space for hosting web pages but makes no implied or express warranties about the reliability of this space or related services. eSmartStart is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons. eSmartStart makes no guarantees as to server reliability, speed, or consistency, and cannot be held liable for such. Users are responsible for regularly monitoring and creating backups of their own files, and agree to use eSmartStart's resources and infrastructure at their own risk.