TOS

 

You must agree to and follow the Terms of Service Agreement & Acceptable Use Policy

1. Disclaimer

All services provided by Simply Digital Hosting (“Simply Digital Hosting”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States 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 Simply Digital Hosting from any claims resulting from the use of service which damages the subscriber or any other party.

Simply Digital Hosting will not be responsible for any damages your business may suffer. Simply Digital Hosting makes no warranties of any kind, expressed or implied for service we provide. Simply Digital Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting in delays, no deliveries, wrong delivery, and any and all service interruptions caused by Simply Digital Hosting and its employees. Simply Digital Hosting reserves the right to change its policies at any time without prior notification.

2. Uptime

Simply Digital Hosting endeavors to have network uptime 99.9% of the time. In the event that your website is not up 99.9% of the times, we will, at your request, prorate the applicable portion of your monthly, quarterly, semiannually, or yearly service charge.

3. Payment Policy

Your account will not be activated until we receive your first months payment. Users, will receive invoices that are sent via email approximately seven to ten days before they are due. Invoices are to be paid on or by the date on the invoice. Failure to comply will result in your account being terminated. If you then wish to re-signup for the account, all regular sign-up rules and prices will apply. If at any time your account becomes past due or inactive for any reason, we reserve the right to change your rate to match the current prices. We reserve the right to deny any order. Credit card order: If your order is processed you may be asked to send us a copy of your credit card from security reasons before your account is activated. All orders are subject to being denied. All credit card payments are automatically billed every month.

Dedicated Servers Account Payment Policy
Payments are due every month on the date of signup. Payments are considered late after 1 day following the due date. If the account is not paid on the due date Simply Digital Hosting will terminate the customer’s service. Once the customer’s service is cancelled any data on the server will not be recoverable. Simply Digital Hosting is not liable for any lost data due to non-payment.

VPS Account Payment Policy
Payments are due every month on the date of signup. Payments are considered late after 1 day following the due date. If the account is not paid on the due date the account may be terminated. Simply Digital Hosting will terminate the customers service if the invoice is 3 days overdue. If the server is suspended, payments are subject to a $10.00 reconnection fee.

Reseller Payment Policy
The resellers invoice is due every month on the date of signup. They are considered late after 1 day. If the account is not paid within 24 hours the account may be suspended. This includes the end-user’s accounts. If the payment is not received within 3 days of due date the reseller’s account and end-user’s accounts will be terminated. If after 48 hours of suspension there is no communication from the reseller, and the end-user wishes to continue service, the end-user’s account will be turned over to the end-user and billing will be between Simply Digital Hosting and the end-user.

Late Fee
Payments are due every month on the date of signup. They are considered late after 1 day following the due date. If the account is not paid 2 days following the due date a late fee of 15% will be added to the invoice. This fee must be paid prior to activation of the late account.

4. Abuse

Prohibited are sites that promote any illegal activity or present content that may be damaging to Simply Digital Hosting’ servers, or any other server on the Internet. Links to such materials are also prohibited.

Any attempt to undermine or cause harm to a server or customer of Simply Digital Hosting 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. Server abuse includes but is not limited to the following:

A. CPU/Resource intensive Programs

B. Denial of Service Attacks

C. Hacking/cracking of any kind (This includes exploits)

D. Account trading

E. Spamming

G: Transmission, storage or distribution of any information, data, or material in violation of any law or regulation is prohibited. This included but not limited to: copyrighted material, trademarks, or any other illegal content. Examples: Movies, MP3s, Pirated Software, Hacker Programs, or Warez Sites.

H: No IRC, IRC bots, gameservers, or IRC shells allowed. We do not allow minecraft and runescape including bots to be ran on our normal vps accounts unless otherwise stated.

I: Proxy scripts, anonymizers, warez, image/filedump, mirror, or ad services.

J: Sale of controlled substance or online pharmacies.

K: Autosurf sites, investment sites, escrow, HYIP, bank debenture programs, or lottery sites.

L: Brute force programs, IP scanners, mail bombers, and spam scripts.

Simply Digital Hosting will be the sole arbiter as to what constitutes as a violation of server abuse, and reserve the right to terminate the account without notification.

5. Early Termination/Cancellation

Simply Digital Hosting reserves the right to cancel a customers service at any time. If cancellation is caused by customers violation of these policies, then no refund is due. Customers may cancel service at any time, but no refund is due. Simply Digital Hosting only offers refunds on web hosting. Our refund policy is 14 days. If you are unhappy for any reason with Simply Digital Hosting you may cancel your account within 14 days. It only applys to accounts that cancelled by customer not by Simply Digital Hosting.

If you wish to cancel your services, you must notify us five (5) business days prior to your renewal date. If your notice of cancellation is not received within this time frame, you will be liable for payment of the proceeding month and hereby agree to complete payment as invoiced accordingly. You may cancel by sending a support ticket or by using the cancellation form within your client area.

If you cancel your account and your payments still continue to recur for any reason such as 1) by fault of Simply Digital Hosting staff 2) by fault of the credit card processor 3) by fault of any other payment collection company, we are to be held free of liability for any overdraft fees that are issued by your financial institution.
Our 14 day money back guarantee only includes shared and reseller hosting accounts. Our 14 day money back guarantee excludes dedicated servers, VPS, web design, and domain registration. You may cancel your dedicated server at any time however no refunds will be issued. Licenses and addons are non-refundable.
6. Privacy Policy

Simply Digital Hosting has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

We take our customers privacy very seriously. You are guaranteed 100% privacy. Information such as address, phone, etc. will not be given out. However, we reserve the right to monitor your account. We will also use given information to verify you as the account holder in the event you forgot your password.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Order Forms

Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.

Contact information from the order forms is used to get in touch with the customer when necessary.

Billing information that is collected is used to bill the user for services.

Unique identifiers are collected from Web site visitors to verify the user’s identity.

Demographic and profile data is also collected at our site.

We use this data to tailor our visitor’s experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

Third Parties

Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC

7. Username/Domain Changes

The changing of your username requires that we delete your existing account and re-add a new account, just as if you had signed up all over again. Due to the effort required for this process, a $2.00 setup fee applies to any and all username changes. If you would like to change domain names, a $3.00 setup fee applies to any and all domain name changes.

8. Adult Content

Adult-oriented sites, pornography and sex related content are allowed only on our web hosting and reseller accounts. Child pornography is strictly prohibited.

9. Content

Simply Digital Hosting agrees with freedom of speech. However Simply Digital Hosting does not allow websites with the following content: Racism of any kind including but not limited to color, religion, creed, or any other beliefs. Other content that is prohibited are threats, hate websites, terrorist websites, violent websites, and malicious content.

Shared and Reseller accounts may not be used as a backup/storage device.

10. Domain Registration/Renewal

If a domain is registered through Simply Digital Hosting the client is responsible for renewing the domain. Domain prices are subject to change.

In order for Simply Digital Hosting to host your domain you must change your domain name servers (DNS) to our DNS. This must be done at your domain registrar. This is not considered a renewal or transfer of your domain. In order for this process to be performed you must contact your domain registrar.

11. Server Backups

Most of our servers are have backup equipment. For liability reason we cannot guarantee that your material will be backedup. Therefor please backup your accounts off of our servers. We are not responsible for lost material. If you require your accounts to be backedup we can do so.

12. Mail/Spam Policy

Simply Digital Hosting has a zero tolerance spam policy. We do not allow unsolicited e-mail, bulk emailing, and spam. Any user found doing such activity will have their account terminated. Websites that are advertised via spam may not be hosted on our servers.

The number of messages allowed to be sent per hour per domain is 350 messages.

Subscribing email addresses to any mailing list without express permission of the email address owner is prohibited. All mailing lists run on our servers must be Closed-loop (Confirmed Opt-in).

User may be charged a fee for blacklist removal of $550.00 or more.

13. Server Resource

Any websites that uses a high amount of system resources such as but not limited to CPU time, memory usage, and network resources will be notified in email of such activity to reduce their account to an acceptable level. The customer must then reduce their account to an acceptable level. Simply Digital Hosting shall be the sole arbiter of what is considered to be high server usage.

14. IP Policy

Simply Digital Hosting offers additional IPv4 addresses at a nominal cost to our clients. Due to the rapid exhaustion and shortage of IP addresses, VPS accounts are limited to a total of (5) IP addresses. If you require more IPs with proper ARIN justification, we can upgrade you to a dedicated server or you may purchase an additional VPS. All IP address usage must be in compliance with ARIN justification rules.

15. Support Policy

Simply Digital Hosting offers managed and unmanaged services. For managed services we will provide at our best effort to accommodate your request within reason. Our managed VPS servers support includes 3 hours of level 1 and 2 server admin time. Level 3 tech support including third party software installation will be subject to a fee of $39.95/hour.

For our unmanaged clients our support is limited to hardware and network issues. We do offer a per ticket fee for unmanaged clients that need assistance of $3.95/support ticket for level 1 and 2 problems only. Only (1) incident per ticket is allowed. Any level 3 problems will be subject to a $39.95/hour charge.

16. Migration Policy

Simply Digital Hosting offers migration assistance for our shared clients, resellers and managed clients. In order for us to migrate your websites over you must be coming from a cPanal and your new server must have cPanel as well. For 1-10 domains the migration is free. For 10-15 domains the price is $9.95 to migrate, 15-25 domains the price is $19.95. Above 25 domains please contact sales for a quote.

17. 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 Simply Digital Hosting must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

18. Legal

Simply Digital Hosting expects that its customers will abide by all of our rules and all applicable laws. A subscriber’s failure to comply with those laws will violate Simply Digital Hosting policy. Finally, Simply Digital Hosting wishes to emphasize that in signing the service agreement, subscribers indemnify Simply Digital Hosting for any violation of the service agreement, law, or Simply Digital Hosting policy, that results in loss to Simply Digital Hosting or the bringing of any claim against Simply Digital Hosting by any third-party. This means that if Simply Digital Hosting is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against Simply Digital Hosting, plus costs and reasonable attorneys’ fees.

19. Services Changes

Simply Digital Hosting reserves the right to change prices, policies, and configuration of any and all accounts when deemed necessary. Any violations of these policies represent a breach of your contract with us, and your account will be removed from our system without warning.

 

20. Free accounts for Blog or Forums

Simply Digital Hosting will not be liable for any loss of data due to termination of the account. These accounts are free. Is up to the client to keep copy(s) of the database. We will not provide you with copy of your database because is not backed up due to the status of the account. Free means the website is hosted with ads that support the hosting only. We can not back up this is a service for paying clients never is intended to have back ups. If you need back ups please open a ticket so we can back it up for a flat fee of $35.

 

21.Acceptable Use Policy

As a provider of web site hosting and other Internet-related services, Simply Digital Hosting 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. Simply Digital Hosting respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Simply Digital Hosting reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Simply Digital Hosting 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 Simply Digital Hosting’ 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 Simply Digital Hosting 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 Simply Digital Hosting cannot monitor or censor the Internet, and will not attempt to do so, Simply Digital Hosting 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 Simply Digital Hosting 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 Simply Digital Hosting’ network and may reach a large number of people, including both subscribers and non-subscribers of Simply Digital Hosting, subscribers’ postings to the Internet may affect other subscribers and may affect Simply Digital Hosting’ goodwill, business, reputation or operations. For these reasons, subscribers violate Simply Digital Hosting 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 Simply Digital Hosting, but also because it can overload Simply Digital Hosting’ network and disrupt service to Simply Digital Hosting’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Simply Digital Hosting will investigate and shutdown the account that is spamming. A $550 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Simply Digital Hosting reserves the right to prosecute for this violation. A $2.50 charge will be assessed PER EMAIL sent should Simply Digital Hosting choose to pursue and prosecute.

Audio/Video Streaming

Audio/Video Streaming is not hosting friendly. As such, Simply Digital Hosting does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:

Simply Digital Hosting does allow adult content. You must have a disclaimer, the content must be legal within the United States of America.

Large File Policy:

Simply Digital Hosting is not for file hosting and distribution – as such, customers may not host any files larger than 100MB 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 abuse@SimplyDigitalHosting.com

Obscene Speech or Materials:

Using Simply Digital Hosting’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Simply Digital Hosting 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 Simply Digital Hosting’ 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, to points outside the United States.

Usenet Groups:

Simply Digital Hosting 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 Simply Digital Hosting 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. Simply Digital Hosting will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Simply Digital Hosting’ policy or applicable law. However, when Simply Digital Hosting 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 Simply Digital Hosting.

Simply Digital Hosting is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Simply Digital Hosting’ facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Simply Digital Hosting does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Simply Digital Hosting reserves the right to directly take action against a customer of its subscribers. Also, Simply Digital Hosting may take action against the Simply Digital Hosting’ subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Simply Digital Hosting anticipates that subscribers who offer Internet services will cooperate with Simply Digital Hosting in any corrective or preventive action that Simply Digital Hosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Simply Digital Hosting policy.

Simply Digital Hosting 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. Simply Digital Hosting may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Simply Digital Hosting 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. Simply Digital Hosting assumes not 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, Simply Digital Hosting may disclose subscriber information or information transmitted over its network where necessary to protect Simply Digital Hosting and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Simply Digital Hosting will never sell information to other services or outside companies.

Simply Digital Hosting expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Simply Digital Hosting policy. Finally, Simply Digital Hosting wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Simply Digital Hosting for any violation of the Service Agreement, law or Simply Digital Hosting policy resulting in loss to Simply Digital Hosting or the bringing of any claim against Simply Digital Hosting by any third party. This means that, if Simply Digital Hosting is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Simply Digital Hosting, plus costs and reasonable attorney’s fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Simply Digital Hosting and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to abuse@SimplyDigitalHosting.com