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
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
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.
Limition 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.