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These Terms of Service (the "Terms") are an agreement between Simple Network Services LLC ("Simple" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Simple and of the Simple.az website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement.

Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

1. Account Eligibility
   • By registering for or using the Services, you represent and warrant that:
     • You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
   • It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Failure to provide the information requested may result in your order being denied.
   • You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
2. Transfers

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data.

3. User Content
   • You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Simple that you have all the necessary rights to post or distribute such User Content, and your posting or distribution of such User Content does not infringe or violate the rights of any third party.

Solely for purposes of providing the Services, you hereby grant to Simple a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein.

• Simple exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Simple's computers, network hubs and points of presence or the Internet. Simple does not monitor User Content. You hereby agree that Simple shall have no liability due to any corrective action that Simple may take.

 

4. Third Party Products and Services
   • Third Party Providers
     Simple may offer certain third-party products and services. Such products and services may be subject to the terms and conditions of the third-party provider.
     
     Simple does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. You undertake all transactions with these third-party providers at your own risk.
   • Simple as Reseller or Licensor
     Simple may act as a reseller or licensor of certain third-party services, hardware, software and equipment used in connection with the Services ("Non-Simple Products"). Simple shall not be responsible for any changes in the Services that cause any Non-Simple Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services.
   • Third Party Websites
     The Services may contain links to other websites that are not owned or controlled by Simple ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us.

 

5. Account Security and Simple Systems.
   • It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
   • Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Simple of an issue, we reserve the right to leave access to services disabled.
   • Simple reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

 

6. Compatibility with the Services
   • You agree to cooperate fully with Simple in connection with Simple's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Simple is not responsible for any delays due to your failure to timely perform your obligations.
   • You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Simple to provide the Services, which may be changed by Simple from time to time in our sole discretion.
   • You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Simple does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.


7. Billing and Payment Information
   
   • It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided.
   • Unless otherwise provided, you agree that until and unless you notify Simple of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
   • Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Simple's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
   • Late Payment.

All invoices must be paid within 15 days of the invoice due date. Any invoice that is outstanding for more than 15 days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. Simple will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Simple may report any such misuse or fraudulent use, as determined in Simple's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Invoice Disputes.

You have ninety (90) days to dispute any charge or payment processed by Simple. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.

 

8. Money-Back Guarantee.
   • Managed Shared, VPS and Reseller Services.

Simple offers a forty-five (45) day money-back guarantee for Simple's hosting services. If you are not completely satisfied with these hosting services and you terminate your account within forty-five (45) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to domains. administrative fees,
install fees for custom software or other setup fees, or to any fees for any other additional services.

9. Cancellations and Refunds.
   • Payment Method.
     No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
   • Refund Eligibility.
     Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. 
   • Termination
     Simple may terminate your access to the Services, in whole or in part, without notice in the event that: (I) you fail to pay any fees due; (II) you violate this Agreement; (III) your conduct may harm Simple or others or cause Simple or others to incur liability, as determined by Simple in our sole discretion; (IV) hostings that have not been paid for during 6 (six) months; (V) hostings that have been in demo/trial period and have not been paid for in 15 days and end of these periods; or (VI) as otherwise specified in this Agreement.
     
     In such event, Simple shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
     
     Upon termination of the services for any reason, user content, user websites, and other data will be deleted.
10. CPU, Bandwidth and Disk Usage
    • Permitted CPU and Disk Usage.
      All use of hosting space provided by Simple is subject to the terms of this Agreement and the Acceptable Use Policy.
      1. Hosting space may only be used for web files, active email and content of User Websites. Hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Simple expressly reserves the right to review every account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Simple may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Simple's terms and conditions.
    • Bandwidth Usage.
      Shared servers are not limited in their bandwidth allowance.

11. Price Change

Simple reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Simple through the user billing tool or through other methods of communication, including notices sent or posted by Simple.

12. Coupons

Discounts and coupon codes are reserved for first-time accounts or first-time customers only. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.

13. Independent Contractor
    Simple and User are independent contractors and nothing contained in this Agreement places Simple and User in the relationship of principal and agent, partners or joint venturers.

 

14. Disclaimer
    Simple shall not be responsible for any damages your business may suffer. Simple makes no warranties of any kind, expressed or implied for the Services. Simple disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Simple or our employees.

 

 

15. Backups and Data Loss
    Your use of the Services is at your sole risk. Simple's backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. Simple is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Simple's servers.
    
    Any hosting account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.

 

16. Changes to the Agreement or the Services
    • Simple may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Simple website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
    • Simple reserves the right to modify, change, or discontinue any aspect of the Services at any time.