Terms, Conditions and Acceptable Use Policy

Terms, Conditions and Acceptable Use Policy

Terms, Conditions and Acceptable Use Policy for Simply Web Services. Simply Web Services LLC., (herein Simply Web Services or SWS) provides Internet World Wide Web page Hosting, Marketing, and Development. Simply Web Services has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

Simply Web Services, general policy is to act as a provider of Internet presence. Simply Web Services has specific ethical concerns regarding the use of its computers detailed below. Simply Web Services reserves the right to suspend or cancel a customer’s access to any or all services provided by Simply Web Services when we decide that the account has been inappropriately used.

Specific Acceptable Use Policies

Server abuse: Any attempt to undermine or cause harm to a server, or customer, of Simply Web Services is strictly prohibited, either intentionally or unintentionally.

Unauthorized use of other people’s accounts or computers: Simply Web Services will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning etc.

Any unauthorized use of accounts or computers by a Simply Web Services customer, whether or not the attacked account or computer belongs to Simply Web Services, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Prohibited Activities:

Unsecured form to mail scripts are prohibited as are any naming variant of generic form to mail scripts (formmail.*, Formmail.*, FormMail.*). Unsecured form to mail scripts found to exist under any client account may be deleted or renamed at the discretion of Simply Web Services.
As a rule, make sure that you ask our technical support staff about the usage of a third party form mail script for you install it.

Sites with Banners, graphics or CGI scripts running from their domain used on other domains.

Sites with picture galleries (This is any site where 50% of the files transferred is graphics)

Sites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads).

Sites using more than 30% of system resources for longer than 60 seconds.

CGI or php-based shell scripts are prohibited. Shell access is provided on a case-by-case basis.

Web proxy scripts are prohibited. This includes any script, such as nph-proxy, that allows anyone to browse to a third party web site from any server in our network. Such scripts will be deleted when found. Repeated violations will result in account suspension or termination.

Unsolicited Email (SPAM)
Commercial advertisements with e-mail unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. “Spamming,” or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first Spam offense your mail will be disabled for 72 hours. Upon your second Spam offense your entire domain will be disabled for 72 hours and you will be fined $100.00 per sent Spam. Upon your third offense your account with Simply Web Services will be terminated, you will be fined $200.00 per sent Spam. No refunds will be given if your account is terminated for Spam.

Abuse of SMTP Mail Server
We do not allow clients send more than 2500 pieces of e-mail per day. If you do send more than 2500 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2500 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. There is a monthly charge associated with this move to the new server, in addition to your regular hosting charges if your account is moved to this server. Please contact Simply Web Services to have your domain moved.

Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Simply Web Services reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Simply Web Services in writing for a request for termination of services. All payment is in U.S. currency.

Chargebacks issued for valid hosting fees will result in immediate account termination, without prior notice, and without exception.

All services provided by Simply Web Services may be used for lawful purposes only. Simply Web Services does not edit, censor, or take responsibility for client content or communications from within the network controlled by Simply Web Services except to determine if violations of the Acceptable Usage Policy (this document) have occurred once a suspected violation has been brought to our attention. Clients are solely responsible for the content and use of this service as provided by Simply Web Services and should ensure that such use falls within the guidelines of this policy. Simply Web Services will not be responsible for injury or liability to any client resulting from communications that may be offensive, misleading, illegal, or otherwise unsuitable in the view of the client. Clients further agree to indemnify and hold harmless Simply Web Services or any of its subsidiaries from claims resulting from the use of any provided service which damages the client of any other party.

Data Retention
Backups are performed regularly by Simply Web Services as a courtesy to our clients; however, all clients are advised to maintain a current local copy of their files in the event backups are irretrievable for any reason. Simply Web Services will not be held responsible for data or other loss resulting from the unavailability of backups. Backups will not be retained for accounts that have been cancelled, unless such retention is deemed necessary by Simply Web Services. As cancellation requests are processed immediately, any required files from the affected account should be downloaded prior to the cancellation request.

Simply Web Services reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Simply Web Services if Simply Web Services, institutes it’s right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of Simply Web Services’ web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees and overages. Setup fees are refundable only if the account order is canceled prior to activation. For web hosting contracts of 3 months or less, the full contract amount less any setup fees and overages will be refunded if Simply Web Services is notified within the first 30 days following activation. No refund is available after the 30th day. For web hosting contracts longer than 3 months, a refund equal to one half of the contract amount less any setup fees and overages will be given if Simply Web Services is notified prior to the first day of the third month of the contract term. If you cancel prior to the end of your contract term and you received special pre-pay rates, your hosting fees will be adjusted so that you pay the regular, non-discounted monthly fees. No refunds for any reason will be given once the third month of the contract term has begun. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done via email and followed up with a phone call. Phone requests will not constitute acceptance of any cancellation. Refunds will be made by company check within 15 days of receipt of cancellation.

Lawful Purpose
Simply Web Services reserves the right to refuse service to anyone. Customers may only use Simply Web Services server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Simply Web Services expressly forbids anyone from using Simply Web Services servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of Simply Web Services management.

Customer agrees that it shall defend, indemnify, save and hold Simply Web Services harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney’s fees asserted against Simply Web Services, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Simply Web Services, against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Simply Web Services’ server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Simply Web Services’ server.

Simply Web Services will not be responsible for any damages your business may suffer. Simply Web Services makes no warranties of any kind, expressed or implied for services we provide. Simply Web Services disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Simply Web Services, and its employees. Simply Web Services, reserves the right to revise its policies at any time.

All Sub-Networks, resellers and dedicated servers of Simply Web Services must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.

Simply Web Services will be the sole arbiter as to what constitutes a violation of this provision.