• Disclaimer
• Privacy Policy
• Terms Of Service
• Acceptable Use Policy

Disclaimer

SIMPLY HOST may change the terms, conditions and operation of this Web site (the “Site”) at anytime. By using the server the user agrees to the terms of this disclaimer and further waives and rights or claims it may have against SIMPLY HOST.

The content available through the Site is the sole property of Simply Host or its advertisers, suppliers or licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, SIMPLY HOST owned content received through the Site may be downloaded, displayed, reformatted and printed for you person, non-commercial use ONLY. Content owned by SIMPLY HOST advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received or organization without SIMPLY HOST’s express prior written consent

We and our advertisers, suppliers and licensors provide the SIMPLY HOST web site and our services “as is” and without and warranty or condition, express or implied. We and our advertisers, suppliers and licensors specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and warranty of non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warrant gives you specific legal rights and you may also have other legal rights which vary from state to state.

Without limiting the foregoing, SIMPLY HOST shall not be liable to you or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of the use of the site or any gods or services provided, whether for breach of warranty or any obligation arising there from or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. Each party hereby waives and claims that these exclusion deprive such part of an adequate remedy.

You acknowledge that third party product and service providers may advertise their products and services on the SIMPLY HOST web site and that SIMPLY HOST may form partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time is SIMPLY HOST making any representation or warranty regarding any third party’s products or services, nor will SIMPLY HOST be liable to you or any third party for any claims arising from or in connection with such third party products and services. You hereby disclaim and waive and rights ad claims you may have against SIMPLY HOST with the Respect to third part products and services, to the maximum extent permitted by law.

Privacy Policy

This Privacy Policy governs the manner in which Simply Host collects, uses, stores, archives and discloses information collected from users of this Web site. Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.

The Information We Collect:

This notice applies to all information collected or submitted on the Simply Host Web site. On some pages, you can order products, make requests, and register to receive materials. We may ask for personal information such as Name, Company Name, Address, Phone Number, Email Address and or Credit Card information.

The Way We Use This Information:

We use the information you provide about yourself when placing an order only to complete that order. We don’t not share this information with outside parties except to the extent necessary to complete that order.

We use return email addresses to answer the email we receive. We will use information stored in our database about you to provide support. Email addresses and other data collected in support requests are not shared with outside parties unless you have consented as such to provide you with support. We may email directly to our customer lists special promotional offers from outside vendors, partners or suppliers.

Simply Host uses aggregated, anonymous data for research regarding the effectiveness of the Web site and Simply Host’s marketing, advertising and sales efforts. Simply Host does not use such anonymous information for any other purpose.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you and opportunity to opt-out or otherwise prohibit such un related uses.

Our Commitment To Data Security:

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

How You Can Access Or Correct Your Personal Information:

You can correct factual errors in your personal identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections. We may disclose aggregated, anonymous data to investors and potential partners.

How To Contact Us:
Should you have other questions or concerns about these privacy policies, please send an email to privacy@simplyhost.com.au

Terms of Service

Simply Host provides web hosting to a large number of clients. We have the responsibility to protect each client and provide the best services available. The following guidelines have been established to ensure this intent is met.

Simply Host agrees to furnish services to the subscriber, subject to the following TOS (Terms of Service). From herewith in the TOS and AUP, the usage of “us”, “we”, “our”, “ours” shall constitute reference to Simply Host, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of Simply Host.

Use of company services constitutes acceptance and agreement to the company’s AUP as well as the company’s TOS (Terms of Service). All provisions of the contract are subject to the TOS (Terms of Service) of Simply Host and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the company shall not be grounds for early contract termination or non-payment.

Disclosure:
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use etc, to any law enforcement agent who makes a written request without further consent or notification to the Subscriber.

Commercial Advertising – Email (SPAM):
Spamming, or the sending of unsolicited email, from a Simply Host service or using an email address that is maintain by us in STRICTLY prohibited and will qualify your site for immediate termination with no refund. Simply Host will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by us about spam from any of our users or users of theirs, will be fined and billed for such work. The fee for such an instance if you are found to be at fault is $1 per email sent and up to a $1000 fine per incident.

Server Abuse:
Any attempts to undermine or cause harm to and Company Server or customer of ours is strictly prohibited. Simply Host holds no responsibility for the use of our clients’ accounts. Any account that abuses server resources and is not corrected, call for immediate termination without any refund of payments made thus far. Any site using what we deem to be using excessive cpu cycles or any resources that cause strain to other sire may also be offered new terms.

IP Ownership:
If we assign a Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to us. And Customer shall have no right to use the Internet Protocol address except as permitted by us at our sole discretion in connection with the Services, during the term of this Agreement. We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by us, and we reserve the right to change or remove any and all such Internet Protocol numbers and address, in its sole and absolute discretion. Our allocation of IP address is limited by APNIC’s policies.

Contact & Billing Information:
You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are required, fax contact information is encouraged. This information can be updated online at https://www.simplyhost.com.au/billing

Billing, Payment and Fees:
Subsequent payments are due on the anniversary date of the service (The Due Date). Services may be suspended on accounts that are not paid in full by or on the due dates.

-Additional Fees & Charges:
Following addition fees & charges are GST inclusive:
Credit Card “Declined Payment” Fee of $21.00 per failed attempt after the first attempt.
Alterations to issued invoices: $21.00 Administration fee.
Increase/Decrease to plans mid billing cycle: $21.00 administration fee.
Service suspended for nonpayment is subject to a reactivation fee of:
Shared hosting and Reseller client: $21.00 reconnect charge.

Service may be suspended on accounts the reach 7 days past due. Service may be terminated on account that reach 14 days past due. If any terms or conditions are failed to be followed the account in question will be automatically deactivated. All credit card accounts are to be automatically billed on their due date unless otherwise requested by the client. We are not responsible for any fees accessed on the client by their bank as a result of the client’s account being invoiced. The Customer hereby grants The Company a Lien over any client equipment and or data in the custody, possession or control of The Company for any unpaid fees payable to The Company by the client hereto and The Company is hereby authorized and empowered to sell and of the aforesaid to recover all or any such fees or expenses together with interest thereon which remain unpaid in excess of 45 days from the due date. 

Dispute and Failure to Pay:
All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Simply Host’s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay an “administration fee of not less than $55.00 and not more the $165.00 in addition to any fees charges to us by our merchant provider(s). The Company may temporarily deny service or terminate the Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relive Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Refunds:
All payments are NON-REFUNDABLE! All annual plans are NON-REFUNDABLE!

Cancellation:
All cancellations must be sent to accounts@simplyhost.com.au. While there are no cancellation fees, you must cancel seven (7) days prior to your next billing cycle. Payments made up to your next renewal anniversary date are not refundable. This does not include any added support or service fees you have contracted us to provide. We reserve the right to remove any account without advanced notice for any reason at any time without prior notice.

SLA and Credit for uptime:
All users are subject to the terms of this TOS (Terms of Service), our AUP (Acceptable Use Policy), and our SLA (Service Level Agreement). Account not paid in full by their due date are not entitled to and claim to any breach of SLA for the past and current calendar month.

Liability and Warranty:

Acceptable Use Policy

Simply Host provides web hosting to a large number of clients. We have the responsibility to protect each client and provide the best services available. The following guidelines have been established to ensure this intent is met.

Simply Host agrees to furnish services to the subscriber, subject to the following TOS (Terms of Service). From herewith in the TOS and AUP, the usage of “us”, “we”, “our”, “ours” shall constitute reference to Simply Host, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of Simply Host.

Use of company services constitutes acceptance and agreement to the company’s AUP as well as the company’s TOS (Terms of Service). All provisions of the contract are subject to the TOS (Terms of Service) of Simply Host and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the company shall not be grounds for early contract termination or non-payment.

Content:
You are responsible for any and all content in and under your site or account at all times. All services provided by Simply Host may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of and Australian Federal, State or City law is prohibited.
Simply Host is not responsible for any claims resulting from the use of our service. This is also true from sites that promote and illegal activity or content that may be damaging to our server or any other server on the internet. Links to such materials are prohibited. This also includes, but not limited to Adult/Pornography sites (excluding only adult stores), pirated software, hacker programs/archives, Warez, copyrighted material whereby you are not the owner or have permission from the owner or material protected by trade secrets and other statutes

The following constitutes violations:

Threats and unlawful conduct:
Use of our server to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction or property. Use of our services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraud:
Use of our service to make fraudulent offers to sell or but products, items, or services, or to advance any type of financial scams, such as “Pyramid schemes,” “ponzi schemes,” and “chain letters.” Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Attacks and Exploits:
Any activity which affects the ability of other people or systems to use any services or other internet services. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client’s responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use the network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. We will not tolerate and subscriber attempting to access the accounts of others, or penetrate the security measures of our or other systems.

Commercial Advertising – Email (SPAM):
Spamming, or the sending of unsolicited email, from a Simply Host service or using an email address that is maintain by us in STRICTLY prohibited and will qualify your site for immediate termination with no refund. Simply Host will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by us about spam from any of our users or users of theirs, will be fined and billed for such work. The fee for such an instance if you are found to be at fault is $1 per email sent and up to a $1000 fine per incident.

Server Abuse:
Any attempts to undermine or cause harm to and Company Server or customer of ours is strictly prohibited. Simply Host holds no responsibility for the use of our clients’ accounts. Any account that abuses resources and action are not taken to desist, cal Is for immediate termination without any refund or payments made thus far. Any site using what we deem to be using excessive cpu cycles or any resources that cause strain to other sites may also be offered new terms. Use of our service to access, or to attempt to access, the account of others, or to penetrate, or attempt to penetrate, security measures of our of another entity’s computer software, or hardware, electronic communication system or telecommunications system.

Back-ups:
Simply Host performs daily backups on our server to ensure critical files are never lost. We do not restore a file any user has accidentally deleted or modified. The back-up restoration is for emergency procedures only. You are advised to backup all of your own files to your local drive. We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups.

Security:
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member , guest or employee. Therefore, you must take steps to ensure that other do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Sharing your password and account access with unauthorized users is prohibited and you will be held responsible for such use. Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, network or account. Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violates of systems or network security at other sites, including cooperation with law enforcement authorities in the investigation of suspected criminal violation.

Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

We reserve to right to revise, amend, or modify this AUP our TOS (Terms of Service) and our other policies and agreement 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).

Total Simplicity reserve the right to change the TOS and AUP at any time without notice.