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 robbery, 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, such as Matt Wright's formmail
script, are likewise 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.
The weblog software Greymatter is not permitted on our servers.
Filtering is performed on all servers to deny access to the scripts Greymatter
utilizes due to the resource issues created by those scripts.
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.
Chat
Rooms
We
do not allow clients to install their own chat rooms and BLOGS, without approving
it with Simply Web Services. Most chat rooms and BLOGS tend to be large system hogs
and we cannot allow it as an account option. However, we do provide a choice
of Java chat rooms for a small extra charge that will more than fill your
needs and run without hindering the performance of the machine for others.
Note: Parachat chat rooms do not apply to this rule. They are perfectly
fine to install.
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.
IRC
We
currently do not allow IRC or IRC bots to be operated on our servers.
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.
Content
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.
Cancellation
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.
Indemnification
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.
Disclaimer
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.