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Simply
Pro Hosting agrees to provide the client web hosting for a monthly/annual
fee. Simply Pro Hosting will never require clients to advertise
for Simply Pro Hosting on their website in any way shape or
form unless agreed upon such as a non-profit organization receiving
complimentary hosting. Clients are allowed to use the service
for business/commercial or personal websites or content.
Content:
All services provided by Simply Pro Hosting may be used for
lawful purposes only. Transmission, storage, or presentation
of any information, data or material in violation of any United
Kingdom (or any other country) law is prohibited. This includes,
but is not limited to: copyrighted material, material that is
threatening or obscene, material that is "adult only" content,
or material protected by trade secrets and other statue. The
subscriber agrees to indemnify and hold harmless Simply Pro
Hosting from any claims resulting from the use of the service
which damages the subscriber or any other party.
Adult
Content:
Pornography and sex-related merchandising are prohibited on
any server. This includes sexual content, or direct links to
adult content elsewhere. This is also true for sites that promote
any illegal activity or content that may be damaging to our
servers or any other server on the Internet. Links to such materials
are also prohibited. Simply Pro Hosting will be the sole arbiter
as to what constitutes a violation of this provision.
Examples of non-acceptable content or links:
- Pirated software
- Hacking programs or archives
- Warez Sites
- Porn
- Spamming
Software
Background-running
Programs:
We do not allow background-running programs. This includes any
IRC related software such as bouncers and bots. In certain cases
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.
Banned
Scripts:
You are free to use any scripts you wish provided they do not
affect the normal operations of the server and they are not
mentioned specifically below. Scripts that are commonly known
for causing server disruption include large cgi-based message
forums, auctions, and banner exchanges. In the event a script
affects normal server and/or administrative operations, Simply
Pro Hosting reserves the right to disable the account pending
client cooperation and resolution.
Scripts we do not allow include:
- Chat servers/scripts
of any kind are strictly prohibited.
- Formmail is
not allowed on our servers.
You can use formmail scripts but they must be up to date and
not running with the filename "formmail". Any files named "formmail"
will be deleted without notice.
Distribution and/or Transmission of Obscene or Indecent Speech
or Materials: Violation of indecency and obscenity laws can
result in criminal penalties.
Intellectual
Property Rights:
Material accessible to you through Simply Pro Hosting Services
may be subject to protection under United Kingdom (or any other
country) copyright laws, or laws protecting trademarks, trade
secrets or proprietary information. Except when expressly permitted
by the owner of such rights, you must not use the Simply Pro
Hosting Service in a manner that would infringe, violate, dilute
or misappropriate any such rights, with respect to any material,
which you access or receive through the Simply Pro Hosting Network.
If you use a domain name in connection with the Simply Pro Hosting
Service or similar service, you must not use that domain name
in violation of any trademark, service mark, or similar rights
of any third party.
Network
Security:
Customers may not use the Simply Pro Hosting Network with an
attempt to circumvent user authentication or security of any
host, network, or account. This includes, but is not limited
to, accessing data not intended for the customer, logging into
a server or account the customer is not expressly authorized
to access, password cracking, probing the security of other
networks in search of weakness, or violation of any other organization's
security policy. Customers may not attempt to interfere or deny
service to any user, host, or network. This includes, but is
not limited to, flooding, mail bombing, or other deliberate
attempts to overload or crash a host or network. Simply Pro
Hosting will cooperate fully with investigations of violations
of systems or network security at other sites, including cooperating
with law enforcement authorities in the investigation of suspected
criminal violations. Users who violate system or network security
may incur criminal or civil liability.
Defamation:
Defamatory speech distributed over the Internet can result in
civil liability for the defamer.
Refusal
of Service:
Simply Pro Hosting reserves the right at its sole discretion
to refuse or cancel service. Violation of any of Simply Pro
Hosting Rules and Regulations could result in a warning, suspension,
or possible account termination. Accounts terminated due to
policy violations will not be refunded. Domains terminated due
to policy violations will not be released to the customer.
Spam Or Unsolicited E-Mail:
You must not use the Simply Pro Hosting Network, Simply Pro
Hosting equipment or any Simply Pro Hosting mail address in
connection with the transmission of spam, flames, mail bombs,
or substantially similar, unsolicited email messages. Your domain
may not be referenced as originator, intermediary, or reply-to
address in any of the above. This prohibition extends to the
sending of unsolicited mass mailings from another service that
in any way implicates the use of the Simply Pro Hosting Network,
Simply Pro Hosting equipment or any Simply Pro Hosting email
address. A message is considered unsolicited if it is posted
in violation of a newsgroup charter or if it is sent to a recipient
who has not requested or invited the message. For purposes of
this provision, merely making one's email address accessible
to the public will not constitute a request or invitation to
receive messages.
If you are found to have spammed, Simply Pro Hosting reserves
the right to disable your domain without warning. In addition,
Simply Pro Hosting may impose a £100 penalty for each spam policy
violation. Simply Pro Hosting solely reserves the right to refuse
or cancel service to known spammers. Lastly, Simply Pro Hosting
reserves the right to determine what violates this policy. As
such, any violation may result in cancellation of services without
refund.
Abuse:
Any attempts to undermine, slander, libel, threaten, or cause
harm to a Simply Pro Hosting server, customer, employee, or
the company directly is strictly prohibited and is grounds for
immediate termination without refund. In addition, we will pursue
all attempts to the fullest extent of the law.
Indemnification:
Customer agrees that it shall defend, indemnify, save and hold
Simply Pro Hosting (or it's employee's/owners) harmless from
any and all demands, liabilities, losses, costs and claims,
including reasonable legal fees asserted against Simply Pro
Hosting, 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 Pro Hosting against liabilities arising
out of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with Simply Pro
Hosting server; (2) any material supplied by customer infringing
or allegedly infringing on the proprietary rights of a third
party and (3) copyright infringement. Customer agrees to limit
the liability of Simply Pro Hosting to the amount paid for service.
Refunds Policy:
You may cancel your account at any time before your monthly
billing date, and you will not be billed for the next month.
If you are paying annually for web site hosting services, we
will issue a pro-rata refund for months not used. We do not
offer any kind of "money back" guarantee.
Disclaimer
Simply Pro Hosting will not be responsible for any damages your
business may suffer. Simply Pro Hosting makes no warranties
of any kind, expressed or implied for services we provide. Simply
Pro Hosting disclaims any warranty or merchantability or fitness
for a particular purpose. This includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and all
service interruptions caused by Simply Pro Hosting and its employees.
Simply Pro Hosting makes no "uptime" guarantees.
Simply Pro Hosting keeps backups of key server systems only.
Simply Pro Hosting can accept no responsibility for any loss
of data or consequences arising from this. Simply Pro Hosting
always advises clients to back up their site data regularly
for its own protection.
Finally, Simply Pro Hosting wishes to emphasize that in accepting
services, customers indemnify Simply Pro Hosting for the violation
of any law or Simply Pro Hosting policy, that results in loss
to Simply Pro Hosting or the bringing of any claim against Simply
Pro Hosting. This means that if Simply Pro Hosting is sued because
of activities of the customer that violate any law, or this
policy, the customer will pay any damages awarded against Simply
Pro Hosting, plus costs and reasonable legal fees.
Failure to comply with any of our
terms & conditions will result in grounds for immediate account
deactivation.
Simply Pro Hosting reserves the right to change, edit, or update
the policies contained in this document at any time for any
reason without notice. |
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