Terms of Service
All services provided by Simplicity Tech (“Simplicity Tech”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Canadian federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Simplicity Tech from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Simplicity Tech’ servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
Illegal or content deemed to be illegal.
Information relating to an illegal substance.
YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Simplicity Tech WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Bandwidth Usage
All account plans come with a predetermined amount of traffic allowance. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
There is a 200 hourly email limit per domain this limit is also applied towards mailman. If you send over this amount in any hour, most of the e-mails will bounce back with a undeliverable error.Any mailing list larger than 800 will not be allowed to operate. Please note that dividing one large list into smaller lists to get below this limit is not allowed.Anytime you’re sending a message, no matter how large your mailing list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 10 seconds. If the mailing list software you’re using does not allow you to throttle, you must switch to something else. We recommend phpList, which can be found in your control panel under Fantastico. If you do not throttle and you try sending, for example, 500 emails, the server will try sending all 500 in 1 second, which is not possible. This will cause the server load to go very high and the entire server will be sluggish until this process is completed.
Any mailing list over 900 emails is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1 AM – 8 AM Eastern Time on Monday – Friday.
You are not allowed to mail to a mailing list you were given or purchased. This is spamming because the subscribers never agreed to you personally sending them mail. We do not care and how you justify it, this is spam and will result in termination of the offending account.
Any unsolicited e-mail being sent will result in termination of the offending account. We have a zero tolerance policy regarding the sending of unsolicited e-mail.
IRC
We do not allow IRC or IRC bots to be operated on our servers.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of Simplicity Tech
is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Simplicity Tech must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Billing
Simplicity Tech shall deliver, by e-mail an invoice in accordance with the applicable Service Fees for services rendered. When an invoice is delivered to the client, payment shall be remitted to Simplicity Tech by no later than the specified payment due date. Simplicity Tech shall be entitled to immediately terminate this agreement for client’s failure to make timely payments.
Service Fees
Certain services carry a setup fee charged by Simplicity Tech to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Simplicity Tech and agrees to pay any and all fees incurred by client.
Money back guarantee & refund policy
We offer a 30 day Money back guarantee. Simplicity Tech reserves the right to cancel a Customers account at any time with 24 hours notice sent to the email contact on file in the Billing Management area. If we take this action, Full pro-rated refunds will be sent except in cases where the site was terminated due to illegal activity, abuse, abusiveness towards our staff or any activity that violates these terms of service.
Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
Cancellation Refunds
We require 30 days notice for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability
Simplicity Tech shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Simplicity Tech’ servers going off-line or being unavailable for any reason whatsoever. Furthermore, Simplicity Tech shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Simplicity Tech ‘ servers. All damages shall be limited to the immediate termination of service.
Violations
Violations of these Acceptable Use Policies should be referred to info@simplicitytech.net. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Disclaimer
Simplicity Tech cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Simplicity Tech are resold. Thus, certain equipment, routing, software and programming used by Simplicity Tech are not directly owned or written by Simplicity Tech. Moreover, Simplicity Tech holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Simplicity Tech sees fit.
Account Activation
By activating your account with Simplicity Tech, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
Although Simplicity Tech has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.
Simplicity Tech reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification.
Contacting the Web Site
If you have any questions about the practices of this site, or your dealings with this Web site, you can contact: info@simplicitytech.net
Acceptable Use Policy
Revision date: August 24th 2011
As a provider of web site hosting and other Internet-related services, Simplicity Tech offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Simplicity Tech respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Simplicity Tech reserves the right to take certain preventive
or corrective actions. In order to protect these competing interests, Simplicity Tech has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using Simplicity Tech’ services. This AUP will be revised from time to time. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Simplicity Tech cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Simplicity Tech cannot monitor or censor the Internet, and will not attempt to do so, Simplicity Tech cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Simplicity Tech does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Simplicity Tech’ network and may reach a large number of people, including both subscribers and non-subscribers of Simplicity Tech, subscribers’ postings to the Internet may affect other subscribers and may affect Simplicity Tech’ goodwill, business, reputation or operations. For these reasons, subscribers violate Simplicity Tech policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Simplicity Tech, but also because it can overload Simplicity Tech’ network and disrupt service to Simplicity Tech’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Simplicity Tech will investigate and shutdown the account that is
SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Simplicity Tech reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Simplicity Tech choose to pursue and prosecute.
Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, Simplicity Tech does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
Adult-Oriented Content:
Simplicity Tech does not allow adult content and will suspend/terminate any offending account.
Large File Policy:
Simplicity Tech is not for file hosting and distribution – as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail info@simplicitytech.net.
Obscene Speech or Materials:
Using Simplicity Tech’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Simplicity Tech is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using Simplicity Tech’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise.
Usenet Groups:
Simplicity Tech reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Other Activities:
Engaging in activities, whether lawful or unlawful, that Simplicity Tech determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Simplicity Tech will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Simplicity Tech’ policy or applicable law. However, when Simplicity Tech becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening
software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Simplicity Tech.
Simplicity Tech will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Simplicity Tech may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Simplicity Tech may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply
with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Simplicity Tech assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Simplicity Tech may disclose subscriber information or information transmitted over its network where necessary to protect Simplicity Tech and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Simplicity Tech will never sell information
to other services or outside companies.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Simplicity Tech and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to info@simplicitytech.net.
Revision date: August 24th 2011