Acceptable Usage PolicySimply Hostings Acceptable Use Policy ("AUP") is provided to give our clients a clear understanding of what Simply Hosting expects of them while using the service. All users of Simply Hostings Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of Simply Hostings Service constitutes acceptance and agreement to Simply Hostings AUP as well as Simply Hostings TOS (Terms of Service)
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Simply Hosting may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong doing. Your violation of this AUP may result in the suspension or immediate termination of either your Simply Hosting account or other actions as detailed in this document.
This document is intended to provide a basic understand of Simply Hosting Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Simply Hosting AUP:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and network, as well as the networks and systems of others throughout the expanse of the global Internet
- Comply with existing domestic and international law
- Maintain our reputation as a responsible service provider
- Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
- Preserve the value of Internet resources as a conduit for free expression and exchange of information
- Preserve the privacy and security of individual users
Simply Hosting intends to provide its customers access to everything the Internet has to offer. While the Simply Hosting is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Simply Hosting and the Internet and cannot be permitted under the guise of free speech. The resources of the Simply Hosting and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your dedicated server or hosting account which Simply Hosting determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If a Simply Hosting account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at firstname.lastname@example.org
As a provider of web site hosting and other Internet-related services, Simply Hosting offers its customers (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 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 Hosting reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Simply 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 Hosting services. This AUP will be revised from time to time. A customer's use of Simply Hosting services after changes to the AUP are posted on the Simply Hosting web site, www.simplyhosting.net, will constitute the customer's acceptance of any new or additional terms of the AUP resulting from those changes.
As the owner and operator of a server or account located on the Simply Hosting network, all activity that takes place on the server or account is your responsibility. Simply Hosting reserves the right to refuse and terminate services for any reason, without notice, and in the event that any damage to our network and service is determined, we will be required to take action in preventing said damage.
Blatant violations of the AUP are determined by our Abuse Department and appropriate actions will be taken to protect the well being of our network segment whenever abuse/AUP-violation issues are concerned.
One important aspect of the Internet is that no singular 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 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 in a variety of facets. Because Simply Hosting cannot monitor or censor content on the Internet, and will not attempt to do so, Simply Hosting cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
Server Security: When server security is maintained by the server owner, it is his or her responsibility to maintain the server software and ensure updates and all aspects of server security are properly maintained. Servers that are compromised in any extent are considered to be in direct violation of this AUP. In the event that server security is breached, Simply Hosting reserves the right to perform the following actions:
Disable the server and cancel it from our system if it is determined that updates and standard updates have not been taking place. Simply Hosting, following an in-depth analysis, may offer updates and related procedures to the server owner for a one time fee. Multiple violations that occur in a six (6) month period will result in mandatory service termination, and at all times the Simply Hosting Administrative Team reserves the right to immediately terminate any server that breaches these policies and causes risk to our network as a whole.
Shared Hosting/Resold Services: Simply Hosting is a host to a multitude of shared hosting and reseller hosting providers. As one of these customers you are accepting full responsibility for the content and operations of the account. To protect our network and the well being of our customer base, Simply Hosting reserves the explicit right to terminate and/or quarantine any web hosting account located on our network for violation of this AUP. Disabling accounts may be the first course of action taken by our Abuse Department and notification to the appropriate owner will take place alongside these procedures. Simply Hosting also reserves the right to request permanent removal of the account in question. Failure to comply can and will result in the cancellation of hosting account.
Bulk Email: or, the sending of unsolicited bulk and/or commercial information over the Internet. This is not only harmful because of its negative impact on consumer attitudes toward Simply Hosting, but also because it can overload Simply Hostings network and disrupt service to Simply Hosting subscribers.
In the event that bulk transmissions of unsolicited mail are sent either by the customer, via the customer’s account, and/or advertising products or services provided by the customer or by one of the customer’s accounts, Simply Hosting reserves the right to have the offending account, source engine of transmission, or entire account itself, removed from our network.
If your account, one of your clients, or IP range(s) associated with your account are found to have been listed on any of the RBL lists provided by SPAM blocking organizations, we will take action in having these listings removed, which may include having accounts and/or servers deactivated or cancelled, as to be determined by our Abuse Department. Full cooperation is expected from the customer in having these listings removed, as to prevent any of the abovementioned unpleasant actions.
The CAN SPAM law of 2003 will not be used as a guideline in determining the legitimacy of mailing practices. Instead, our internal policies will continue to be used in regards to this issue, so that our network is protected against being blocked by RBL listings. If you would like further information concerning this, or would like to inquire as to the legitimacy of your mailing list, please contact email@example.com.
Email List Policy:
- Users must not modify the headers of any message in such a way that purposefully obfuscates the origin of the message.
- Undeliverable addresses must be removed from all future mailings after no more than 5 bounces.
- All mailings must provide clear and simple to follow instructions for opting-out of future mailings, and all reasonable attempts must be made to facilitate the removal of a mailing list subscriber at their request.
IRC/Shell Servers: Use of the Simply Hosting service for IRC/Shell/Bot related activities is unacceptable. Servers or accounts continuously running a risk of supporting IRC daemons or eggdrops will be disabled and cancelled from our network. The use of IRC BNC’s or other proxy and re-direction software is expressly prohibited.
Bit Torrents/P2P Protocols: Bit Torrent software and P2P protocol software are not permitted on our network. Servers or accounts continuously running a risk of supporting these types of services will be disabled and cancelled from our network.
Intellectual Property Violations: Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy and patents held by individuals, corporations or other entities is strictly prohibited. Also, engaging in activity that violates privacy, publicity or other personal rights of others is prohibited. Simply Hosting is required by law to remove or block access to customer content, upon receipt of a proper notice of copyright infringement. It is also Simply Hosting policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials: Using Simply Hosting network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Simply Hosting is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography immediately hosted within or being transmitted through its network.
Defamatory or Abusive Language: Using Simply Hosting network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language is prohibited.
Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message, is not allowed on Simply Hosting network.
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"), is strictly prohibited. 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) will not be allowed.
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: Distributing information regarding the creation of and/or sending Internet viruses, worms, Trojan horses, ICMP assaults or other flooding mediums, mail-bombing or the launching of denial of service attacks are strictly prohibited. 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 are not allowed.
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 is prohibited.
Export Control Violations: Exporting encryption software over the Internet or otherwise, to points outside the United States is prohibited.
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 is prohibited.
Other Activities: Engaging in activities, whether lawful or unlawful, that Simply Hosting determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations, is strictly prohibited.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Simply Hosting will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Simply Hosting policy or applicable law. However, when Simply Hosting becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, deactivating a web site, implementing screening software designed to block offending transmissions, denying Internet connectivity, or any other action deemed appropriate by Simply Hosting.
Simply Hosting is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Simply Hosting facilities from those subscribers may have originated from a customer of the subscriber or from yet another third party. Simply 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 Hosting reserves the right to directly take action against a customer of its subscribers. Also, Simply Hosting may take action against the Simply Hosting subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Simply Hosting anticipates that subscribers who offer Internet services will cooperate with Simply Hosting in any corrective or preventive action that Simply Hosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Simply Hosting policy.
Simply 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 Hosting may, however, monitor any aspect of service electronically to determine that its facilities are operating satisfactorily. Also, Simply 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 Hosting 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, Simply Hosting may disclose subscriber information or information transmitted over its network where necessary to protect Simply Hosting and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Simply Hosting will never sell information to other services or outside companies.
Simply 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 Hostings policy.
Finally, Simply Hosting wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Simply Hosting for any violation of the Service Agreement, law, or Simply Hosting policy resulting in loss to Simply Hosting or the bringing of any claim against Simply Hosting by any third party. This means that, if Simply 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 Hosting, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Simply Hosting and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to firstname.lastname@example.org immediately.
REPORTING VIOLATIONS OF Simply Hosting AUP
Simply Hosting requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at email@example.com
If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone or offset from GMT
- Evidence of the alleged violation
- E-mail with full header information provides all of the above, as do system log files
Other situations will require different methods of providing the above information. Simply Hosting may take any one or more of the following actions in response to complaints:
- Issue written or verbal warnings
- Suspend the Member's account
- Terminate the Member's account
- Bill the Member for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
Simply Hosting reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
Service Level Agreement
This SimplyHosting.net Service Level Agreement ("SLA") applies to all shared and dedicated clients. The Client agrees that measurements via our third party establish the eligibility for any applicable Performance Credit. In the event that the Client determines that a discrepancy in such measurement exists, Client shall promptly notify SimplyHosting.net and SimplyHosting.net and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client's eligibility for any applicable Performance Credits
This SLA may be amended at any time by SimplyHosting.Net.
SimplyHosting.net Network is defined as the equipment, software, and facilities within the SimplyHosting.net network segment, including SimplyHosting.net’s contracted ISP services to which the SimplyHosting.net network segment is connected and collectively utilized by SimplyHosting.net to provide dedicated and co-location services
Service Availability is the total time in a calendar month that the SimplyHosting.net is available through the Internet, provided that Client has established connectivity. SimplyHosting.net takes responsibility for the Service Availability within its immediate network segment, and cannot be held liable for problems directly related to an upstream bandwidth provider. The SimplyHosting.net Network will be available to clients free of Network Outages for 99.9% of the time
Service Downtime is any unplanned interruption in Service Availability during which the Client is unable to access the services as described in preceding section, provided the interruption is determined to have been caused by a problem in the immediate SimplyHosting.net network segment as confirmed by SimplyHosting.net. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability during a calendar month. SimplyHosting.net is not responsible for any unplanned outages due to third-party software failure are the direct responsibility of the software publisher and not of SimplyHosting.net
Scheduled Service Downtime is any SimplyHosting.net interruption of Hosting Services. Scheduled Service Downtime occurs during a SimplyHosting.net server maintenance window, which occurs in conjunction with a 24 hour notice to the Client via electronic communication.
Performance Credit occurs when 99.9% uptime is not met. SimplyHosting.net will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of the customer's monthly fee). Network downtime is measured from the time a trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.
Monitoring Service is the service SimplyHosting.net provides in order to analyze availability of HTTP based services and applications through its third party monitoring system.
Service Downtime Performance Credit
In the event of Service Downtime in which monthly Service Availability is less than 99.9%, Client will receive a Performance Credit as described above.
This SLA does not cover Service Downtime caused by problems in the following:
- Client's local area network
- Client-provided Internet connectivity or end-user software
- Entities inside Client's internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment
Service Downtime Exclusions
The following are excluded from the monthly calculation of Service Availability:
- Any utilized Scheduled Service Downtime
- Any problems beyond the immediate SimplyHosting.net network segment
- Any interruptions, delays or failures caused by Client or Client's employees, agents, or subcontractors, such as, but not limited to, the following:
- Inaccurate configuration
- Non-compliant use of any software installed on the server
- Client initiated server over-utilization
- Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits
- Inaccurate configuration
Simply Hosting, LLC ("us", "we", or "our") operates the https://www.simplyhosting.net website (hereinafter referred to as the "Service").
This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.
Service is the https://www.simplyhosting.net website operated by Simply Hosting, LLC
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small files stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
We may also collect information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Use of Data
Simply Hosting, LLC uses the collected data for various purposes:
- To provide and maintain our Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)
Simply Hosting, LLC may process your Personal Data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it is not overridden by your rights
- For payment processing purposes
- To comply with the law
Retention of Data
Simply Hosting, LLC will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, Simply Hosting, LLC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Simply Hosting, LLC may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Simply Hosting, LLC
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Our Policy on "Do Not Track" Signals under the California Online Protection Act (CalOPPA)
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Simply Hosting, LLC aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where Simply Hosting, LLC relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
PayPal / Braintree
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
- By email: firstname.lastname@example.org