SimpleNet acts as a neutral
provider of web hosting services to the global Internet. SimpleNet
may suspend services provided to you or cancel your account if determined
that you have violated SimpleNet policies. SimpleNet is required
to enforce the Acceptable Use Policies of our upstream network providers.
These include, but are not limited to Sprint, Level3 and MCI.
LAWFUL PURPOSE
SimpleNet may refuse service to anyone. You may use SimpleNet services
only for lawful purposes. You may not transmit any materials that
are in violation of any Federal, State or Local laws. You may not
transmit any copyrighted materials or material protected by trade
secrets. SimpleNet will make the decision as to whether materials
violate its policies.
SPECIFIC ACCEPTABLE USE POLICIES UNAUTHORIZED USE
SimpleNet will strongly react to any use or attempted use of an
Internet account or computer without the owner's authorization.
This includes "social engineering" (tricking other people
into releasing their passwords), password cracking, security hole
scanning, etc. Any of these actions by a SimpleNet customer, whether
or not the attacked account or computer belongs to SimpleNet, will
result in action against the attacker. Possible actions include
warnings, account suspension or cancellation, and civil or criminal
legal action, according to the seriousness of the attack.
SimpleNet may deny use of *.simplenet.com third-level domain names
which are found to be obscene, offensive, or pornographic. Content
which is referenced by a *.simplenet.com third-level domain may
not be obscene, offensive, or pornographic. Determining these criteria
is within SimpleNet's sole discretion.
ZERO TOLERANCE
If you send unsolicited email or cross post to Usenet newsgroups,
you may be subject to immediate cancellation. SimpleNet may cancel
your account and terminate your services immediately, with no prior
notice and no refund of unused service fees. This policy is to promote
proper Internet etiquette.
PAYMENT POLICIES
Initial Fees
Payment of the setup fee and first period's monthly charges are
required for SimpleNet to activate your service. Setup fees are
non-refundable. Fees for domain name setup, renewal, or transfer
are non-refundable.
SimpleNet will notify you by email if the initial charge to your
card is declined. A second attempt to bill the card will be made
in three days. If the card is again declined and you have not provided
alternate valid credit card information, SimpleNet will cancel your
order. Please note that services will not be activated until payment
is received.
Payment by check will only be allowed for payment periods of 6
and 12 months. Service for check paying customers will only be activated
after your check clears bank processing.
Monthly Recurring Charges
You must pay for your service by the first day of each billing cycle.
Billing cycles are based on when you initially signed up for service.
For instance, if you started service on the 15th of the month, your
billing due date will be on the 15th each month thereafter.
When paying by credit card, we will automatically charge your credit
card on the first day of your billing cycle which may be 1, 6 or
12 months. Your account will be suspended if three attempts to charge
the card are declined. SimpleNet will notify you by email if your
account is suspended, so that you may provide us with another credit
card.
CANCELLATION
SimpleNet reserves the right to cancel your service at any time.
Upon cancellation, SimpleNet will refund any unused amounts that
you have paid. If your account is cancelled because you have violated
SimpleNet usage policies, no refund will be paid.
You may cancel your service at anytime. You can use the online
cancellation form located within your Control Panel. You may also
cancel your account using fax or regular mail. Any accounts cancelled
by fax or regular mail must include:
· Account name
· The primary contact’s valid signature
· Reason for cancellation
· Last four digits of the credit card or Checking account
number on file
The customer is responsible for all money owed on the account from
the time it is established to the time that cancellation has been
confirmed by SimpleNet.
Transferring your domain away from SimpleNet does not mean your
account is automatically cancelled. You must notify SimpleNet to
cancel your account, using one of the methods listed above.
Refunds will only be given for full, pre-paid months of service.
If you are due a refund, SimpleNet will send a check or refund your
credit card within 30 days of cancellation receipt.
PRICING POLICY
SimpleNet will not change your fees during the middle of your billing
cycle. If fees change, they will go into effect the first day of
your next billing cycle.
If you signed up for SimpleNet under a special promotion and you
change your services, the special promotion pricing will no longer
be valid for your new services.
SimpleNet may change package features and specifications at its
discretion.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold SimpleNet
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorney's fees asserted against SimpleNet,
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, its agents, employees
or assigns. Customer agrees to defend, indemnify and hold harmless
SimpleNet against liabilities arising out of; (1) any injury to
person or property caused by any products sold or otherwise distributed
in connection with SimpleNet's 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 SimpleNet's server.
DISCLAIMER
SimpleNet will not be responsible for any damages customers or
their enterprises may suffer. SimpleNet makes no warranties of any
kind, expressed or implied for services we provide. SimpleNet disclaims
any warranty, merchantability or fitness for a particular purpose.
The includes loss of data resulting from delays, non-deliveries,
wrong delivery, any and all service interruptions caused by SimpleNet
and its employees. SimpleNet reserves the right to revise its policies
at any time.
LIMITATION OF LIABILITY
In no event shall SimpleNet be liable to customer for any damages
resulting from, or related to, any failure or delay of SimpleNet
in providing access to the internet under this agreement. Simplenet
makes no warranties of any kind, expressed or implied for services
we provide. Simplenet disclaims any warranty, merchantability or
fitness for a particular purpose. In no event shall SimpleNet be
liable to customer for any indirect, special or consequential damages
or lost profits arising out of or related to this agreement, the
performance or breach thereof, or the accuracy or correctness of
databases or the information contained therein, even if SimpleNet
has been advised of the possibility thereof. Any claim or legal
action arising out of failure, malfunction or defects in SimpleNet
services or goods, or arising from this contract in any respect,
shall be brought within a period of one (1) year following the occurrence
or said claim shall be deemed waived. Simplenet’s liability
to customer hereunder, if any, shall in no event exceed the total
amount customer paid to SimpleNet hereunder. Simplenet will not
be responsible for any damages suffered by customer in any way related
to this agreement. This includes loss of data resulting from delays,
non-deliveries, wrong deliveries, and any and all service interruptions
caused by SimpleNet and its employees by its own negligence or customers
errors or omissions. Simplenet reserves the right to revise its
policies at any time.
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