Simply Be Hosted offers a 30 day money back
guarantee from the date the order was placed,
if for any reason we fail to deliver services
as described we will refund your payment
less domain name & transaction charges
which we have incurred on your behalf (*this
includes our free domain offer). You will
be given full access to your domain and will
incur no further charges from us. If you
did not receive a free domain or ask us to
register one on your behalf then a refund
will be issued minus transaction fees of
5%. All refunds are made within 30 days.
CANCELLATION
Simply Be Hosted reserves the right to cancel
the service at any time. In this event customers
will be entitled to a pro rata refund based
upon the remaining period of membership less
domain registration costs. In the event of
Simply Be Hosted terminating a customer's
account due to a situation beyond Simply
Be Hosted control, the customer is not entitled
to a refund. In this event Simply Be Hosted
will attempt to offer an alternative service
at Simply Be Hosted’s own sole discretion.
Simply Be Hosted does not guarantee that
an alternative service will be offered or
be available to the customer. If a customer
contravenes Simply Be Hosted terms of service
a refund will not be issued in the event
of a cancellation by Simply Be Hosted and/or
the customer. Customers may cancel their
account at any time. Fees charged on a prepay
basis are none-refundable. All cancellations must be submitted to our
sales staff 14 days prior to a new billing
period.
PAYMENT POLICIES
All accounts are set up on a prepay basis.
Although Simply Be Hosted reserves the right
to change prices of accounts or services
at any time all pricing is guaranteed for
the period of prepayment. Payment is due
yearly/monthly following the date the account
was established, confirmation of payment
will be sent directly to customers via email
from our payment processor shortly after
the online purchase has been made. Your payment is recurring and you will be
billed at the interval you agreed to, if
you wish to cancel the billing you may do
so 14 days prior to a new billing period.
Any errors regarding payment /billing must
be brought to our attention within 30 days
of the transaction; There is a £15.00 administrative
fee for any charge back placed against us
without first trying to resolve the issue
through ourselves. Any charge backs or threatened
charge backs are grounds for immediate account
cancellation.
If any payments are outstanding for more
than 30 days then we reserve the right to
pass the debt on to VBS Debt Collection Ltd,
who will act on our behalf to recover the
debt.
DOMAIN REGISTRATION
Domain names will be registered as soon as
possible after a hosting account has been
created on receipt of cleared payments. There
are no guarantees that your domain name will
still be available after you purchase your
hosting account. in the event of this you
will have the option to choose another domain.
You confirm that the domain name registration
does not infringe any legal rights of any
third party. In addition, you agree not to use your
domain name to spam or send unsolicited commercial
email (UCE) to other internet users
SPAM
Simplybehosted has a zero-tolerance, anti-Spamming
policy. Under this policy, we prohibit Spam,
or any unsolicited commercial email, from
being sent either: Over the Simplybehosted
network, by customers or any other users
of the Simplybehosted network (including
customers' customers); AND/OR over ANY network—
if the message sent advertises or mentions
a site hosted on the Simplybehosted server.
We react quickly and seriously to violations,
and we further reserve the right to terminate
the services, without prior notice, of any
customer disregarding this policy. Sending
unsolicited commercial email, cross-posting
messages to a large number of Usenet groups,
posting obscene or threatening messages while
using or referring to a Simplybehosted email
address or web site URL is prohibited. The
use of Simplybehosted servers as a mail drop
for responses to activities described above
is also prohibited.
Malicious or threatening email is also prohibited.
We reserve the right to immediately deactivate
your use of our service if we discover such
activity. Further, you agree to indemnify
and hold us harmless from any claim resulting
from your use or distribution of electronic
mail services through the service provided
through this Agreement. Anyone using our
services for spamming will be immediately
subject to a £250 network abuse fee.
ILLEGAL MATERIAL
This includes copyrighted works, commercial
audio, video, or music files, and any material
in violation of any Federal, State or UK/EU
Laws. We do not allow any © works which you
do not own the © of.
Adult Material - Includes all pornography,
erotic images, or otherwise lewd or obscene
content.
Warez - Includes pirated software, ROMS,
emulators, phreaking, hacking, and password
cracking. IP spoofing, etc., and encrypting
of any of the above. Also includes any sites
which provide; links to or how to information
about such material.
Any account found to contain these materials
will be terminated with no refunds, we will
never allow adult material of any kind on
our servers, we reserve the right to deem
which is adult material and which is not
RESOURCE USER POLICY
Resources are defined as bandwidth usage
and/or processor / memory utilization. We
do not offer unlimited bandwidth we do not
offer unlimited resources. If we determine
that any site on our servers is using too
much of the server's processor / memory and
therefore abusing the server, we have the
right to suspend that domain without any
notice. It is then up to you to contact us
to get your account activated again. We are
quick to suspend any domain that abuses the
server's resources due to the shared nature
of the server and the negative impact an
abusing domain has on other domains on the
same server.
Customers are responsible for monitoring
of their account resources. Simplybehosted
are not responsible for checking your resource
usage. You should periodically check your
Bandwidth usage, Webspace and mailbox quotas.
We may at our discretion send you emails
to inform you of your resource limits being
reached, however you should not rely on this
method.
Bandwidth: If your account exceeds it's allocated
bandwidth, your website will cease to work
until you have contacted us to increase your
allowance.
Webspace: It is very important that you check how
much webspace you have remaining, going over
your quota will result in many features such
as email not working.
Mailbox quota: When you create a pop3 account you set
the quota (20mb as default) If your mailbox
becomes full no further email can be delivered.
All resources can be checked from your control
panel.
RESELLERS
Resellers must adhere to these terms, customers
of resellers must also adhere to these terms.
Resellers are not permitted to offer unlimited
resources to their clients. Accounts found
to be offering unlimited disk space and or
bandwidth will be terminated without warning.
Resellers must handle all support issues
for their clients, we will however offer
support to resellers.
Resellers who fail to meet their monthly
payment without a valid reason risk their
account and clients accounts being suspended.
If a reseller has failed to pay and is deemed
as none co-operative or unreachable then
we reserve the right to terminate that account
and all clients under it, or at our sole
discretion offer the reseller clients alternative
hosting with ourselves at the rates advertised
on our site.
Under no other circumstances will we contact
reseller’s clients.
SERVER/ACCOUNT USE
Personal accounts are to be used by the primary
owner only. Personal account holders are
not permitted to resell, store or give away
web-hosting services of their website to
other parties or to offer free or paid email
forwarding/sub domains to others. Web hosting
services are defined as allowing a separate,
third party to host content on the owner's
web site. Exceptions to this include ad banners,
classified ads, and personal ads. Simply
Be Hosted reserves the right to refuse service
and /or access to its servers to anyone.
Ubb boards and yabb or any cgi based boards
or IRC are not permitted, php such as phpbb
and vbulltin boards are accepted
we reserve the right to disable any CGI script
that effects normal server operation or service
to other customers.
We do not allow mass email marketing sites
on our servers. Sites such as "safe
lists" are also strictly prohibited.
We reserve the right to shutdown such sites,
that we consider harmful to the server's
performance.
Customers, or any agent acting on their behalf,
must be polite and courteous to Simplybehosted's
employees at all times. Rude or abusive emails
and telephone calls will not be tolerated
and will result in the Customer's website(s)
being deleted from Simplybehosted's servers
and all services of their account terminated.
DISRUPTIONS
you are not permitted to use our services
for any activity which affects the ability
of other people or systems to use our Services
or the Internet. 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. We will not tolerate
any subscriber attempting to access the accounts
of others, or penetrate security measures
of other systems, whether or not the intrusion
results in corruption or loss of data. Simplybehosted
does not allow the hosting of IRC, IRC Bots,
or eggdrops on our network. Customers found
hosting this material will be subject to
immediate cancellation without refund. Use
of our service to access, or to attempt to
access, the accounts of others, or to penetrate,
or attempt to penetrate, security measures
of our or another entity's computer software
or hardware, electronic communications system,
or telecommunications system, whether or
not the intrusion results in the corruption
or loss of data, is expressly prohibited
and the offending account is subject to immediate
termination.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify,
save and hold Simply Be Hosted harmless from
any and all demands, liabilities, losses,
costs and claims, including reasonable solicitors/attorney's
fees asserted against Simply Be Hosted, its
agents, its customers, officers and employees,
that may arise or result from any service
provided or performed or agreed to be performed
or any product sold by customer, its agents,
employees or assigns. Customer agrees to
defend, indemnify and hold harmless Simply
Be Hosted against liabilities arising out
of; (1) any injury to person or property
caused by any products sold or otherwise
distributed in connection with Simply Be
Hosted server; (2) any material supplied
by customer infringing or allegedly infringing
on the proprietary rights of a third party;
(3) copyright infringement and (4) any defective
products sold to customer from Simply Be
Hosted’s server.
DISCLAIMER
Simply Be Hosted will not be responsible
for any damages your business may suffer.
Simply Be Hosted makes no warranties of any
kind, expressed or implied for services we
provide. Simply Be Hosted disclaims any warranty
or merchantability or fitness for a particular
purpose. This includes loss of data resulting
from delays, none deliveries, wrong delivery,
and any and all service interruptions caused
by Simply Be Hosted and its employees. Simply
Be Hosted reserves the right to revise its
policies at any time. Any illegal activity,
including adult content, links to adult content
web sites, spamming or hacking will result
in your site being shut down and all your
files deleted without warning. Customers are solely responsible for backing
up their data
PRIVACY
We respect your privacy, we do not collect
personal or sensitive information on you.
We do not sell information to third parties
about our customers.
The information that you give to us is never
sold, rented or divulged to any third parties
except to worldpay who are our secure online
credit card processor. worldpay do not divulge
customer’s details to any other parties except
for domain registration purposes.
In the case of uk names your information
will also be used to register the domain
for you and will also be held by nominet.
The type of information that we need from
you to process your order is your name, address,
phone number & email address, your credit
card details will be processed by worldpay
via a secure SSL connection.
The information that you give is only used
to process your order. Your credit card details
are not held on our computers. Once your
credit card details have been authorised
by the secure server an email notification
is sent to us with all the necessary details
- excluding your credit card details - for
us to complete your order. We keep a copy
of these details in our files for accounting
& tax purposes.
We will not email you in the future unless
you have given us your consent. All data
is collected lawfully and in accordance with
the Data Protection Act 1998.
Our site uses cookies to log the number of
visitors, it does not collect your personal
information, cookies are only used to check
the performance of our website.
Domain Names
EXPIRATION AND RENEWAL OF SERVICE(S): You
acknowledge that it is your responsibility
to keep your own records and to maintain
your own reminders regarding when your domain
name registration or other Services are set
to expire. As a convenience to you, and not
as a binding commitment, we and/or your Primary
Service Provider may notify you via an email
message or via your account when renewal
fees are due. Should these fees go unpaid,
your Services will expire or be cancelled.
Payment must be made by credit card or such
other method as we may allow or require from
time to time. If you select automatic renewal
of the Service(s), we may attempt to renew
the Service(s) a reasonable time before expiration,
provided your credit card or other billing
information is available and up to date.
You acknowledge that it is your responsibility
to keep your billing information up to date
and that we are not required to, but that
we may, contact you to update this information
in the event that an attempted transaction
is not processed successfully.
ACCOUNT CONTACT INFORMATION AND DOMAIN NAME
WHOIS INFORMATION: As further consideration
for the Service(s), you agree to provide
certain current, complete and accurate information
about you, both with respect to your account
information and with respect to the WHOIS
information for your domain name(s). You
agree to maintain and update this information
as needed to keep it current, complete and
accurate. With respect to you, the administrative,
technical, and billing contacts for your
domain name registration(s) and other Service(s),
you must submit the following: name, postal
address, e-mail address, voice telephone
number, and where available, fax number.
You agree that the type of information you
are required to provide may change change
and you understand that, if you do not wish
to provide the newly required information,
your registration or Service(s) may be suspended
or terminated or may not be renewed. All
other information which we may request from
you at registration is voluntary. However,
not providing the requested information may
prevent you from obtaining all Service(s)
made available to domain name registrants
by us. You may also provide information regarding
the name-servers assigned to your domain
name(s) and, if we are providing name-server
services to you, the DNS settings for the
domain name. If you do not provide complete
name-server information, or if you purchase
"Name Only" Services, you agree
that we may supply this information (and
point your domain name to a website of our
choosing) until such time as you elect to
supply the name-server information or until
such time as you elect to upgrade from "Name
Only" Services.
AFTER EXPIRATION OF THE TERM OF A DOMAIN
NAME REGISTRATION: After expiration of the
term of a domain name registration and before
deletion of the domain name by the applicable
registry, you acknowledge that we may direct
the domain name to name-servers and IP address(es)
designated by us, including, without limitation,
to no IP address or to IP address(es) which
host a parking page or a commercial search
engine that may display advertisements, and
you acknowledge that we may either leave
your WHOIS information intact or that we
may, but only under certain circumstances,
change the contact information in the WHOIS
output for the expired domain name so that
you are no longer the registrant of the expired
domain name.
After expiration of the term of a domain
name registration, you acknowledge that certain
registry administrators may provide procedures
or grace periods during which expired domain
name registrations may be renewed. You acknowledge
that you assume all risks and all consequences
if you wait until close to or after the end
of a domain name registration term to attempt
to renew the registration. You acknowledge
that we, for any reason and in our sole discretion,
may choose not to participate in a post-expiration
renewal of a domain name and that we shall
not be liable therefore. You acknowledge
that post-expiration renewal or redemption
processes, if any, involve additional fees
which we and your Primary Service Provider
may determine. You acknowledge and agree
that expired domain name(s) may be made available
to be registered or re-registered to any
party at any time.
You agree that after expiration of the term
of a domain name registration we may, for
a period of 30 days, either i) remove the
domain name from the zone of the top-level-domain
(meaning that the domain name will no longer
resolve), or ii) direct the domain name to
name-servers and IP address(es) of website(s)
designated by us, including, without limitation,
to IP address(es) which host a parking page
or a commercial search engine. You agree
that either are functionally equivalent to
ICANN's or a registry's redemption grace
period, which would normally occur after
deletion, and that both provide you with
enough notice that your name is expired and
that you should renew it if you wish to renew
it. If we exercise our rights under this
provision, and if you do not contact us to
pay for and renew the domain name prior to
the end of the 30 days, you agree that you
have abandoned the domain name.
After this 30 day period, you agree that
we may, possibly via a sub-contractor, solicit
and provide for a third party to pay to renew
the domain name's registration term and to
allow such a third party to assume complete
control over the domain name as its registrant
(a "Post-Expiration Registrant Change",
or "PERC"). If we enter into a
PERC transaction with such a third party
(the "PERC Customer"), we will
send an email notification to the email addresses,
if any, which were listed for the registrant
and the administrative contact(s) for the
domain name when it was registered by you
(the "PERC Notification"). You
acknowledge that you might not receive the
PERC Notification and that it is not our
obligation to confirm whether or not the
PERC Notification was received by you. The
previously listed registrant (typically you)
may receive a portion of the funds received
by us for the PERC as follows: (i) if the
domain name was registered directly through
us, the previously listed registrant may
receive twenty percent (20%) of the Net Proceeds
received by us (either directly or from a
third party vendor providing services to
us) as a result of the PERC; or (ii) if the
domain name was registered with us through
your Primary Service Provider (such as your
website host, for example), the previously
listed registrant may receive fifteen percent
(15%) of the Net Proceeds received by us
as a result of the PERC. You acknowledge
and agree that the PERC may be accomplished
through an auction involving one or more
parties who are interested in the domain
name. If it is determined that either the
registrant or the administrative contact
for the domain name or anyone acting on behalf
of such a party participated in the auction,
then none of the Net Proceeds will be paid
out or if paid out must be returned to us.
"Net Proceeds" means the total
fees paid to us (either directly or by a
third party providing services to us) as
a result of the PERC, less registry fees,
ICANN fees, taxes, credit card charge-backs,
processing and check fees, and other costs
or fees associated with the PERC. You agree
that we shall have no obligation to make
the foregoing payments unless, within ninety
(90) days after the date of the PERC Notification,
the previously listed registrant provides
us with the name, address and other information
requested (including, but not limited to,
a Form W-9, if applicable) in the PERC Notification.
We cannot guarantee, and we make no representation
or promise, that any PERC will occur with
respect to a domain name registered by you.
You understand that, if you do not wish to
participate in this process, that you may
renew your domain name registration in the
available time and that you may arrange for
the sale or other disposition of the domain
name on your own.
Alternatively, if you do not contact us to
renew the domain name registration during
the 30 day period described above, and if
we are unable or unwilling to arrange a PERC,
you agree that we may either (i) delete the
domain name at any time thereafter or (ii)
that we may pay the registry free or otherwise
allow it to continue to be registered with
the WHOIS information previously provided
by you and pointing to the name-server(s)
and IP address(es) designated by us, and
that we will not remove it from the TLD zone.
In the latter event, the name will be designated
as being in the extended redemption grace
period ("ERGP"), and you will be
allowed to assume, during the first 90 days
of the then extant registration term, complete
management of the domain name, including
the right to control the DNS information,
provided that you pay the registration fees
for a one-year registration term and your
Primary Service Provider's ERGP redemption
fee. After the end of the 90-day period,
if you do not exercise your rights under
this provision, you agree that you have abandoned
the domain name, and relinquish all rights
and control over the domain name, and that
you are no longer the registrant of the domain
name, and that we may list ourselves or another
party as the registrant of the domain name
in the WHOIS. If we exercise our rights under
this provision and you do not wish to be
listed as the registrant and you wish to
forego your option under this provision to
pay to renew the domain name registration
for the then-current registration term, you
may notify us before the end of the 90-day
period and request that we remove your information
from the WHOIS record for the domain name,
in which case we, or a third party we designate,
will be listed as the registrant, and in
which case you relinquish all rights and
control over the domain name, and in which
case we may i) continue to point the domain
name to IP address(es) designated by us,
or ii) we may delete the domain name.
LIMITATION OF LIABILITY:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR
ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S),
INCLUDING, WITHOUT LIMITATION, DOMAIN NAME
REGISTRATION SERVICES, (2) USE OF THE SERVICE(S),
INCLUDING, WITHOUT LIMITATION DOMAIN NAME
REGISTRATION SERVICES, (3) INTERRUPTION OF
OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS,
(4) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS
OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN
RELATION TO A DOMAIN NAME REGISTERED WITH
US; (5) LOSS OR LIABILITY RESULTING FROM
ACTS OF OR EVENTS BEYOND OUR CONTROL (6)
DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (7) THE
PROCESSING OF AN APPLICATION FOR A DOMAIN
NAME REGISTRATION; (8) LOSS OR LIABILITY
RESULTING FROM THE UNAUTHORIZED USE OR MISUSE
OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR
(9) APPLICATION OF THE DISPUTE POLICY. SIMPLYBEHOSTED
ALSO WILL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS
OF THE FORM OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM
AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU FOR REGISTRATION OF THE DOMAIN
NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED
DOLLARS ($400.00). BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, OUR LIABILITY SHALL
BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
