Terms of Service
Table of Contents
- Preamble
- Hosting
- a. Prohibited Content
- b. Resource / Usage Limits
- c. Backup
- Reseller
- a. Prohibited Content
- b. Resource / Usage Limits
- c. Backup
- SHOUTcast
- a. Prohibited Content
- b. Resource / Usage Limits
- c. Backup
- VPS / Hybrid
- a. Prohibited Content
- b. Resource / Usage Limits
- c. Backup
- Electronic Mail
- Billing
- Disputes
- Product Transfer
- Refunds
- Backup Retrieval
- SimplexWebs Employees
- Promotion Terms
- Affiliate Terms
- Force Majeure
- Data Protection
- Specific Provisions
1. Preamble
In purchasing a product with us, you agree to comply with and be bound by the following terms and conditions of service, which together with our privacy policy govern SimplexWebs relationship with you as a customer of our services. The term “SimplexWebs Limited”, “SimplexWebs”, “us” or “we” refer to the owner of the company, SimplexWebs Limited, a limited company registered in England and Wales, number 07046144, whose registered office is:
SimplexWebs Limited
78 York Street
London
W1H 1DP
United Kingdom
The term “you” refers to the user or client of SimplexWebs Limited or visitor to our website and “your” shall be construed accordingly.
2. Hosting
a. Prohibited Content
All services provided by SimplexWebs Limited and associated companies 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, City law or the laws of the United Kingdom (England, Wales or Northern Ireland) or the laws of the European Union, including all member states 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 statue / legislation.
Examples of prohibited material (including but not limited to):
- pirated software / warez;
- bulk e-mail sending systems;
- hacking / cracking discussion or the provision of tools to hack / crack;
- keygens / serials / patches;
- content that is an infringement of patented technologies and software, trademarks and intellectual copyright;
- sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare;
- software designed to disrupt network communications of a remote host or server not under the control of SimplexWebs Limited;
In the event of prohibited content, SimplexWebs Limited will be the sole arbitrator as to the content in violation of Section 2(a) of this document.
b. Resource / Usage Limits
To ensure the swift and efficient operation of each server, resource limits are in operation upon each host. Accounts found to be using over 10% of the respective server’s total CPU for a period of time that is considered to be damaging to the server by a member of SimplexWebs Limited network operations team or automated security systems may face traffic shaping restrictions on inbound traffic.
c. Backup
While SimplexWebs Limited operate a backup system that creates and stores multiple backups every 24 hours for each account on a respective web server, it should be noted that these backups are for administrative purposes. SimplexWebs Limited make no guarantee to the completeness and quality of each backup made or to the availability of each backup set. It is the responsibility of the client to make full and regular backups of their account and hereby disclaim SimplexWebs Limited for any liability for any lost or damaged data, even if the cause of that loss is found to be the responsibility of SimplexWebs Limited.
3. Reseller
a. Prohibited Content
In addition to clause 2(a) of this document, responsibility of content hosted on accounts under the control of a reseller is the responsibility of the reseller. In the first instance of prohibited content being detected on a reseller owned account, the individual account will be suspended and the reseller notified for action to be completed (such as termination of the account). Further violations of clause 2(a) of this document will result in the suspension of the reseller and all accounts owned and controlled by the reseller.
b. Resource / Usage Limits
In addition to clause 2(b) of this document, resellers are allocated a set amount of resources that may be distributed as the reseller wishes. Overselling the resources of a reseller are not permitted and accounts that seek to do so will be suspended at the discretion of SimplexWebs Limited.
c. Backup
While SimplexWebs Limited operate a backup system that creates and stores multiple backups every 24 hours for each account on a respective hosting node, however it should be noted that these backups are for administrative purposes. SimplexWebs Limited make no guarantee to the completeness and quality of each backup made or to the availability of each backup set. It is the responsibility of the client to make full and regular backups of their account and hereby disclaim SimplexWebs Limited for any liability for any lost or damaged data, even if the cause of that loss is found to be the responsibility of SimplexWebs Limited.
4. SHOUTcast
a. Prohibited Content
SimplexWebs Limited does not actively monitor SHOUTcast stream contents and all content broadcast is the sole responsibility of the client. SimplexWebs Limited do not provide any form of legal cover to individuals or companies who utilize our services to distribute content without appropriate copyright permissions. Under no circumstances will SimplexWebs Limited be responsible for the behaviour of our clients or their users when found to be broadcasting protected content. All licensing, copyright and royalty issues are the sole responsibility of the individual clients and/or their production entities.
You may not use our services to distribute adult, racist or any other un-sociable material.
b. Resource / Usage Limits
All live streaming purchased from SimplexWebs Limited is limited in bandwidth by a bitrate (measured in kbps). If a client chooses to stream above the purchased bitrate on an active server, SimplexWebs Limited reserve the right to suspend or further terminate your account without warning, refund or explanation.
c. Backup
SimplexWebs Limited will make every effort possible to ensure security of client’s data, however due to the large volume of media stored, our standard costs do not include backup of data, please contact us if you would like to arrange this at an extra cost. All data is stored at clients own risk and we will assume no responsibility for any loss, damage or corruption of files hosted on our servers.
5. VPS / Hybrid
a. Prohibited Content
Responsibility of content contained upon virtual machines under the control of a client is the responsibility of the client. In the first instance of prohibited content being detected on a client owned device, the device will be suspended and the customer notified for action to be completed (such as termination of an offending account upon the node, reformatting of the individual machine). Such actions should be completed within a maximum of twelve (12) hours or to the timeframe specified by the supervising member of staff. Further violations of clause 2(a) of this document after previous incidents will result in the immediate termination of the virtual machine.
b. Resource / Usage Limits
Devices are allocated set quotas of both disk space, and access to RAM and bandwidth (measured in MB, GB, and GiB respectively). Attempts to circumvent monitoring of these quotas will result in suspension. Expansion of quotas will be subject to further billing, to be discussed with a member of our Billing team.
While we make every effort to provide full access to allocated resources, there may be cases where access may be limited due to hardware or software limitations. In this event, we are not responsible for any restrictions that may be imposed. Templates provided by SimplexWebs for installation upon a guest are provided as is, with no warranties expressed or implied and no responsibility is taken for any security issues that may be contained upon said template. In this event, SimplexWebs will take reasonable steps to provide a replacement within a reasonable duration. Clients are responsible for the upkeep and general maintenance of their device.
While SimplexWebs Limited utilise Xen virtualization technology, abuse of a host node where such usage may be deemed as a cause for instability will result in immediate suspension by a member of our Network Operations team. SimplexWebs Limited reserve the right to suspend such abusive devices without warning, or to implement traffic shaping or limiting upon an abusive device.
c. Backup
All SimplexWebs virtualization products are self managed and as such SimplexWebs Limited takes no responsibility for data stored upon virtualized resources. Access to daily backups is subject to additional charge. However it should be noted that these backups are primarily for administrative purposes. SimplexWebs Limited make no guarantee to the completeness and quality of each backup made or to the availability of each backup set. It is the responsibility of the client to make full and regular backups of their device and hereby disclaim SimplexWebs Limited for any liability for any lost or damaged data, even if the cause of that loss is found to be the responsibility of SimplexWebs Limited.
6. Electronic Mail
SimplexWebs Limited provide the ability for electronic mail to be sent via their platform through all services (excluding SHOUTcast). In using our services, you do hereby confirm that all electronic communications are opt in, and that all solicited mailings comply with the terms of the CAN-SPAM Act of 2003 (and all amendments) and the The Data Protection Act 1998, and; The Privacy and Electronic Communications Regulations 2003 (and all subsequent amendments).
Complaints regarding unsolicited electronic mail will be billed at a rate of £60 per abuse complaint received in relation to your use of this service up to a maximum of £2000 in any calendar month. SimplexWebs Limited reserve the right to withdraw access to SMTP services or implement rate limiting against any customer deemed to be in breach of these terms. In the event of violation, SimplexWebs Limited will be the sole arbitrator as to the content in violation of Section 6 of this document.
7. Billing
Clients are expected to make payments through their chosen payment method on time. Invoices are generated sixteen (16) days before product renewal dates. Services held unpaid for a period of three (3) days after the due date will be suspended. Dedicated servers in arrears will be terminated 24 hours after the renewal date of the service. Hosting, Reseller, SHOUTcast, Hybrid and VPS services still in arrears will be terminated, with the loss of all data after a period of seven (7) days. Invoices still in arrears after five (5) days will be subject to a late fee of 10% of the total cost of the invoice.
8. Disputes
In the event of a dispute regarding payment, you agree in the first instance to make contact with a representative of SimplexWebs Limited before making contact with your bank, credit card provider or other payment gateway (such as Paypal, OneBip). In the event of a dispute, this dispute must be filed with SimplexWebs Limited billing within a period of one (1) month of the date of invoice generation. In using the services provided by SimplexWebs Limited, you agree to these terms as described above.
In the event a dispute is filed before all reasonable steps taken as described above, SimplexWebs Limited reserve the right to seize any purchased assets up to the value of any loss we are incurred via our merchant providers, close your account, or refer your debt to a third party debt collection agency for resolution. SimplexWebs Limited also further reserve the right to proceed with further civil or criminal proceedings.
9. Product Transfer
Movement of a product or service (including, but not limited to; shared, reseller, SHOUTcast, managed dedicated servers, unmanaged dedicated servers, domains) to another client account is at the discretion of the manager on duty at the time of the request. We make no guarantees that we will move a product to another client account.
10. Refunds
SimplexWebs Limited offer a 7 day money back guarantee to all new customers on the first product they purchase with us. If the product in question is not the client’s first order, entitlement will be considered null and a refund will only be granted at the discretion of the SimplexWebs representative dealing with the issue. If a client has previously requested a refund within 7 days of previously ordering a product, they are required to wait 12 months before they may request another refund within the refund deadline on any products they order.
In the event of the registration and transfer of domain names, entitlement to a refund after the registration request has been submitted to the registrar (which is immediately after the order is placed) is considered null.
Where a product contains any free gifts such as, but not restricted to: free domain registration, free SSL certificate, free IP address and the free gift has been claimed, entitlement to a refund will be considered null at the time of provision of extra services. Where the product in question is not described above, such in the case of services, customer is only entitled to a refund if the development of this service has not began, or we are unable to complete the service for whatever reason. However, if we are unable to complete the service because of the user’s actions a refund will no longer be provided. All refunds are at the discretion of SimplexWebs Limited, despite the refund policy declared here.
Payments made via SMS are non-refundable.
11. Backup Retrieval
In the event of a client’s account being terminated due to non-payment of invoices, breaching any clause of this document or at the discretion of a member of SimplexWebs Limited, an administration charge of £20 per account will be invoiced for investigation of suitable restoration points. If it may be the case that SimplexWebs Limited may fail to identify a suitable restoration point from our automated systems, this charge shall be regarded as non-refundable.
12. SimplexWebs Employees
All opinions expressed by employees of SimplexWebs Limited on sites, services and other communication forms external to the official SimplexWebs domains (including, but not limited to; simplexwebs.com, simplexwebs.net, simplexwebs.co.uk, simplexstream.com, simplexvps.com) are the opinion of the employee and may not reflect the opinion of SimplexWebs Limited or third party partners to SimplexWebs Limited. Suspected breaches of this policy should be e-mailed to [email protected].
13. Promotion Terms
a. Free domain promotion
SimplexWebs Limited offers a free domain (.net/.com/.org/.in/.info/.name/.biz/.eu/.mobi/.us/.de/.ca) for hosting orders on any payment term excluding the Entry package on a monthly billing term. The free domain remains at no cost to the customer as long as they renew their web hosting service. The free domain remains property of SimplexWebs Limited for a period of 3 months after the initial order. If a customer wishes to transfer the domain away from us during this 3 months, the registration fee must be paid. The customer can transfer the free domain away from us after 3 months at no charge. If the client cancels/fails to renew their product before the 3 month period, and does not pay the registration fee to maintain the domain, SimplexWebs Limited reserve the right to seize and auction said domain name(s).
14. Affiliate Terms
SimplexWebs Limited provides an affiliate scheme for existing customers to sign up to. By signing up for the service, you agree to adhere to the following terms. You cannot refer yourself using a duplicate account and your own affiliate link. We monitor affiliates closely and will suspend all services that have been used to defraud our affiliate service. Affiliate payouts will be paid after the 60 day commission delay to a verified PayPal account, or to your SimplexWebs Limited client area balance. By referring a user to our service, you cannot attempt to defraud or mislead them in anyway. If a customer requests a refund as per our 7 day money back guarantee or submits a charge back where we lose out financially, you will not gain the commission. We reserve the right to remove affiliate status from a customer’s account at any time for any, or no, reason.
15. Force Majeure
SimplexWebs Limited shall not be liable for failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the services.
16. Data Protection
For the purpose of this Clause 16, “EU Data Protection Laws” means EU Directive 95/46/EC, as
transposed into domestic legislation of each member state of the European Union and as
amended, replaced or superseded from time to time, including by the EU General Data
Protection Regulation 2016/679 (“GDPR”) and laws implementing or supplementing the GDPR
and, to the extent applicable, the data protection or privacy laws of any other country.
For the purposes of this Clause 16, “Personal Data” means any data from which a living
individual can be identified, either from that data alone or where the data is matched with
other data. For example, personal data can include information about individuals’ names, dates
of birth, addresses, email addresses and bank account details. It can also include a randomly
generated unique identifier or an IP address associated with IT equipment used by a sole user.
SimplexWebs Limited agrees to comply with the EU Data Protection Laws at all times in
providing you with any services and to only use Personal Data where required to perform such
services.
Under the EU Data Protection Laws, you have the following rights in relation to your personal
data:
- The right to be informed
- The right of access
- The right to rectification
- The right to erasure
- The right to restrict processing
- The right to data portability
- The right to object
- Rights in relation to automated decision making and profiling
To facilitate the above rights, SimplexWebs Limited agrees to store or record Personal Data in a
structured, commonly used and machine-readable form.
SimplexWebs Limited shall promptly and no later than within seven (7) days from request,
delete and procure the deletion of all copies of the respective Personal Data save to the extent
that the laws of England and Wales requires storage and/or retention of the relevant Personal
Data.
SimplexWebs Limited shall implement appropriate technological and organisational measures
to prevent unauthorised or unlawful processing of Personal Data and the accidental loss or
destruction of, or damage to, Personal Data and will ensure a level of security appropriate to
the harm that might result from such unauthorised or unlawful processing or accidental loss,
destruction or damage and the nature of Personal Data to be protected.
SimplexWebs Limited shall notify you without undue delay upon SimplexWebs Limited
becoming aware of any data breach affecting your Personal Data.
17. Specific Provisions
Either you or SimplexWebs Limited may terminate these Terms and Conditions on thirty (30)
days written notice to the other party.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. SimplexWebs Limited may at any time revise these Terms and Conditions by updating this document. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
SimplexWebs Limited may assign or transfer its contractual rights under these Terms and
Conditions. You may not assign or transfer your contractual rights under these Terms and
Conditions.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN ANY EVENT SHALL SIMPLEXWEBS LIMITED OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF SIMPLEXWEBS LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT WILL SIMPLEXWEBS LIMITED OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM AGAINST LICENSEE BY ANY THIRD PARTY. IN NO EVENT SHALL SIMPLEXWEBS LIMITED OR ITS SUPPLIERS BE LIABLE FOR THE FOLLOWING: (I) ANY REPRESENTATION OR WARRANTY MADE TO ANY THIRD PARTY BY LICENSEE, ANY DISTRIBUTOR OR THEIR RESPECTIVE AGENTS; (II) FAILURE OF THE PRODUCTS TO PERFORM; (III) FAILURE OF THE PRODUCTS TO PROVIDE SECURITY;