|
Simson Technologies Inc seeks to provide you with top quality technology and service
thus allowing you the opportunity to administer your own web site on the World Wide
Web (WWW) in the most efficient and effective way possible. We continually upgrade
our servers, network, and support to help you achieve your goals in hosting.
Simson reserves the right to refuse service to anyone at any time. In no event shall
Simson be liable for any loss, loss of data, or other commercial damage, including
but not limited to special, incidental, consequential or other damages, which result
from this termination of services.
-
Web-site Content:
Your content will remain on your virtual or dedicated server and is not available
to any other entity. You have the right to retain on your virtual or dedicated server:
any and all files that you seek to hold that do not violate the following rules.
Customers are prohibited from transmitting on or through any of Simson’s, any material
that is, in Simson’s sole discretion: unlawful, obscene, threatening, abusive, libelous,
encourages criminal mischief, gives rise to civil liability, or otherwise violates
any local, state, federal, or international law and/or treaties. In short, Simson’s
services may only be used for lawful activities.
Simson does not allow connection to, or use of, any software or ‘bots’ for IRC or
the reselling of ’shell accounts’. These are deemed as a high security risks and
if found will result in account suspension or termination with no refunds under
any circumstances.
-
Pornography: Simson
has a zero tolerance policy on pornography. This includes, but is not limited to,
child pornography, bestiality, hard-core pornography, and others not allowed by
law. Simson does not seek to abridge any users rights, but we uphold any and all
laws applicable to the content of sites hosted on our servers and/or network. Simson
reserves the right to deny service without cause for sites with adult content that
we deem violates local, state, or federal law. Simson does take an active role in
monitoring all sites via the web for content that does not comply with the preceding
guidelines. Simson specifically retains the right to make the final decision in
any matter relating to site content.
-
Network: Our servers
were designed to give you the maximum freedom of administration and access to the
Internet at the lowest cost available. Our network usage is open to all Simson users.
High Network traffic or throughput is not a problem at Simson, but extreme network
traffic or extreme uploading and downloading can create problems. Your maximum throughput
allowed by your website is an estimate of your usage. You are allowed to exceed
your maximum usage if total usage at the end of the month will not cross the double
what you have been allotted. If you know in advance due to advertising, publicity,
or general interest that your throughput will exceed 2 times the amount allowable
by your plan, please contact us in advance. This will ensure no downtime and maximum
availability of your website at all times. We can upgrade you to another service
plan or make other arrangements to save you money and to ensure your site is available
at all times.
-
Cracking/Hacking:
Simson’s customers may not use our network to circumvent user authentication or
security of any host, network, or account. This includes, but is not limited to,
accessing data not intended for the customer, logging into a server or account the
customer is not expressly authorized to access, password cracking, probing the security
of other networks or directly violating the security policy of another organization.
Customers are also not allowed to interfere or deny service to any user, host, or
network by flooding, mail bombing, or attempts to overload or crash the host network.
Any violation of the network guidelines set forth will result in deactivation of
your services without refunds.
- Mass Mailing:
Our mass mailing rules also apply to mailing lists or mailing services you may contract
with. Our policy is very clear and simple in this respect, we do not allow mass
mailing of any kind from our server. It may be SPAM or not as per your view point.
Our mail servers are tuned for normal business communication and not for bulk mailing.
It does not matters if you have a huge client base and want to send a news letter
to them. If you want to send bulk mail, please do not sign up with us. Simson strictly
doesn’t allows any kind of mass mailing.
- Spam: Simson has
a zero tolerance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are
defined as: the sending of the same, or substantially similar, unsolicited electronic
mail message, whether commercial or not, to more than one recipient. A message is
considered unsolicited if it is posted in violation of a newsgroup charter or if
it is sent to a recipient who has not requested or invited the message. UCE also
includes e-mail with forged headers, compromised mail server relays, and false contact
information. This prohibition extends to the sending of unsolicited mass mailings
from another service, which in any way implicates the use of the Simson’s servers
and/or network. Violation of the above terms will result in one or all of the following:
- A warning from Simson’s personnel by E-Mail or Telephone (if volume/severity
of SPAM is low).
- NO warning from Simson (if volume/severity of SPAM is high).
- Removal of DNS for the advertised/originating site
- Temporary shutdown of the website/server or a block on outgoing mail
- Permanent disconnection of service WITHOUT REFUND..
- Immediate disconnection of service with no re-activation
If your actions have caused Simson’s servers or IP Addresses to be placed on ANY
blackhole lists and other mail filtering software systems used by ISP’s and Web
Hosting companies around the world, you will be assessed a $1000 USD charge to your
account and $250 USD per hour for administrative charges incurred to remove and
protect our servers and/or IP Addresses.
- Copyright Infringement and Software Piracy:
During the term of the hosting contract, Simson grants Customer
a non-transferable, non-exclusive license to use the Software, in object code form
only, for its internal needs, to be used solely on the Hardware provided, and solely
in conjunction with the Services. Customer agrees that it will not, directly or
indirectly copy the Software, except as is necessary to install on Hardware and
for internal, archival purposes. In the event Customer makes any copies of the Software,
Customer shall reproduce all proprietary notices on such copies; reverse engineer,
decompile, disassemble, modify or otherwise attempt to derive source code from the
Software; sell, lease, license, transfer, give possession of, or sublicense the
Software or the documentation to others; write or develop any derivative or other
software programs, based, in whole or in part, upon the Software or any Confidential
Information.The location of third party software found in your home directory that
violates Copyright law is prohibited. Simson will work with the appropriate authorities
in locating and removing any and all software that is deemed to be used in violation
of a valid software license. Please do not locate, use, install, execute, or store
software that you do not own a valid software license to, on Simson’s servers. Violators
will be terminated immediately and referred to law enforcement authorities.
- Backups: We strongly
encourage all of our customers to take their own backups on their own computers
or CDs to ensure you have ready access to your data in the event, we should have
a hardware failure. Though we do not expect anything like this to occur, we want
you to be prepared in the event that it does. Please kindly take backups of your
all files. Please maintain the back up of your all important mail by downloading
them to your local email client like outlook express. We do not guarantee your backups
IN ANY WAY. We do take care of our servers and data in it, we have a disaster recovery
in place and keep backups in place, but the customers are responsible for their
backups.
- IP Addresses:
Simson may assign and allow the use of IP addresses to the customer for the length
of the contract. These IP addresses are the sole property of Simson or its network
provider, are non-portable, and will be retained after service has ceased. Simson
does reserve the right to change the customer IP address designation at any time.
The use of an IP Address outside of your assignment by Simson will result in a $250
per hour administrative fee to restore correct IP addressing. This is also viewed
as a breach of network security and your account will be taken offline until the
problem is resolved.
- Suspension: Simson
specifically reserves the right to suspend network service to your account at our
discretion. Suspension will only occur for violation of our Terms of Use, non-payment
for services, or by request of legal authorities Suspension will only occur for
the absolute minimal amount of time to resolve the issue at hand.
- SERVICE INTERRUPTIONS:
Customer understands and agrees that occasional temporary interruptions of any Internet
Services may occur as normal events in the provision of the Internet Services. Simson
agrees to exercise reasonable care to prevent such occurrences; however, under no
circumstances will Simson be held liable for any financial or other damages due
to such interruptions. In no event shall Simson be liable to Customer or any other
person for any special, incidental, consequential or punitive damages of any kind,
including, without limitation, refunds of fees, loss of profits, loss of income
or cost of replacement services.
- LIMITATION OF LIABILITY:
Simson’s liability (including, for purposes of this paragraph only, any of its employees,
agents, or representatives), to Customer (either directly or as a third party defendant
in any action or proceeding) for any claim arising out of or relating to this Agreement
or Service Orders or the provision of any Services under Service Orders (including,
without limitation maintenance and support) shall be limited to the amount of fees
paid by Customer to Simson under this Agreement within one year preceding the date
Customer contends its claim arose. In no event shall Simson be liable for any loss
of data, loss of profits, cost of cover, or any other special, incidental, consequential,
indirect or punitive damages, however caused and regardless of theory of liability.
This limitation will apply even if Simson has been advised of, or is aware of, the
possibility of such damages.
- DISCLAIMER OF WARRANTIES: Simson specifically disclaims all implied warranties, including but
not limited to, the implied warranties of merchantability and fitness for a particular
purpose. Except as otherwise provided in this Agreement, any written materials by
Simson, or information on Simson’s web site, shall be for informational purposes
only and, whether delivered or disseminated before or after the date of this Agreement,
shall not create any express or implied warranties, guarantee of performance, or
contractual obligations. Simson also reserves the right to change prices for no
reason, and at any time.
Any violations of the above policies will result in immediate suspension of services
and/or termination of your service. By entering into a hosting contract with Simson
you agree to be bound by these policies, terms and conditions.
|