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Please Read the Following User Agreement
SimpleNet acts as a neutral provider of web hosting services to the global Internet. SimpleNet may suspend services provided to you or cancel your account if determined that you have violated SimpleNet policies. SimpleNet is required to enforce the Acceptable Use Policies of our upstream network providers. These include, but are not limited to: UUNet, Sprint, and AT&T. LAWFUL PURPOSE SimpleNet may refuse service to anyone. You may use SimpleNet services only for lawful purposes. You may not transmit any materials that are in violation of any Federal, State or Local laws. You may not transmit any copyrighted materials or material protected by trade secrets. SimpleNet will make the decision as to whether materials violate its policies. SPECIFIC ACCEPTABLE USE POLICIES UNAUTHORIZED USE SimpleNet will strongly react to any use or attempted use of an Internet account or computer without the owner\\\'s authorization. This includes \\\"social engineering\\\" (tricking other people into releasing their passwords), password cracking, security hole scanning, etc. Any of these actions by a SimpleNet customer, whether or not the attacked account or computer belongs to SimpleNet, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack. SimpleNet may deny use of *.simplenet.com third-level domain names which are found to be obscene, offensive, or pornographic. Content which is referenced by a *.simplenet.com third-level domain may not be obscene, offensive, or pornographic. Determining these criteria is within SimpleNet\\\'s sole discretion. ZERO TOLERANCE If you send unsolicited email or cross post to Usenet newsgroups, you may be subject to immediate cancellation. SimpleNet may cancel your account and terminate your services immediately, with no prior notice and no refund of unused service fees. This policy is to promote proper Internet etiquette. PAYMENT POLICIES Initial Fees Payment of the setup fee and first period\\\'s monthly charges are required for SimpleNet to activate your service. Setup fees are non-refundable. Fees for domain name setup, renewal, or transfer are non-refundable. SimpleNet will notify you by email if the initial charge to your card is declined. A second attempt to bill the card will be made in three days. If the card is again declined and you have not provided alternate valid credit card information, SimpleNet will cancel your order. Please note that services will not be activated until payment is received. Payment by check will only be allowed for payment periods of 6 and 12 months. Service for check paying customers will only be activated after your check clears bank processing. Monthly Recurring Charges You must pay for your service by the first day of each billing cycle. Billing cycles are based on when you initially signed up for service. For instance, if you started service on the 15th of the month, your billing due date will be on the 15th each month thereafter. When paying by credit card, we will automatically charge your credit card on the first day of your billing cycle which may be 1, 6 or 12 months. Your account will be suspended if three attempts to charge the card are declined. SimpleNet will notify you by email if your account is suspended, so that you may provide us with another credit card. DOMAIN NAME REGISTRATION AND RENEWAL SimpleNet will register domain names for customers at the necessary top level domain registrar as long as the customer�s account is in good payment standing. If a hosting package includes a domain registration, then the domain will be renewed every year as long as the account is in good standing. Any additional domains registered to the account will also be renewed on their renewal date as long as the applicable charge to the customer is able to be reconciled. If an account falls into a past due or suspended status, domain names will not be renewed until the account is brought back into good standing. CANCELLATION SimpleNet reserves the right to cancel your service at any time. Upon cancellation, SimpleNet will refund any unused amounts that you have paid. If your account is cancelled because you have violated SimpleNet usage policies, no refund will be paid. You may cancel your service at anytime. You can use the online cancellation form located within your Control Panel. You may also cancel your account using fax or regular mail. Any accounts cancelled by fax or regular mail must include: - Account name - The primary contact�s valid signature - Reason for cancellation - Last four digits of the credit card or Checking account number on file The customer is responsible for all money owed on the account from the time it is established to the time that cancellation has been confirmed by SimpleNet. Transferring your domain away from SimpleNet does not mean your account is automatically cancelled. You must notify SimpleNet to cancel your account, using one of the methods listed above. Refunds will only be given for full, pre-paid months of service. If you are due a refund, SimpleNet will send a check or refund your credit card within 30 days of cancellation receipt. PRICING POLICY SimpleNet will not change your fees during the middle of your billing cycle. If fees change, they will go into effect the first day of your next billing cycle. If you signed up for SimpleNet under a special promotion and you change your services, the special promotion pricing will no longer be valid for your new services. SimpleNet may change package features and specifications at its discretion. INDEMNIFICATION Customer agrees that it shall defend, indemnify, save and hold SimpleNet harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney\\\'s fees asserted against SimpleNet, 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 SimpleNet against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SimpleNet\\\'s 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 SimpleNet\\\'s server. DISCLAIMER SimpleNet will not be responsible for any damages customers or their enterprises may suffer. SimpleNet makes no warranties of any kind, expressed or implied for services we provide. SimpleNet disclaims any warranty, merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, any and all service interruptions caused by SimpleNet and its employees. SimpleNet reserves the right to revise its policies at any time. Limitation of Liability. In no event shall SimpleNet be liable to customer for any damages resulting from, or related to, any failure or delay of SimpleNet in providing access to the internet under this agreement. Simplenet makes no warranties of any kind, expressed or implied for services we provide. Simplenet disclaims any warranty, merchantability or fitness for a particular purpose. In no event shall SimpleNet be liable to customer for any indirect, special or consequential damages or lost profits arising out of or related to this agreement, the performance or breach thereof, or the accuracy or correctness of databases or the information contained therein, even if SimpleNet has been advised of the possibility thereof. Any claim or legal action arising out of failure, malfunction or defects in SimpleNet services or goods, or arising from this contract in any respect, shall be brought within a period of one (1) year following the occurrence or said claim shall be deemed waived. Simplenet�s liability to customer hereunder, if any, shall in no event exceed the total amount customer paid to SimpleNet hereunder. Simplenet will not be responsible for any damages suffered by customer in any way related to this agreement. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions caused by SimpleNet and its employees by its own negligence or customers errors or omissions. Simplenet reserves the right to revise its policies at any time. Severability In the event that any term or provision of this Agreement shall be held to be invalid, void or unenforceable, then the remainder of this Agreement shall not be affected, impaired or invalidated, and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflict of laws provisions thereof. Customer must file any claims it may have against SimpleNet under this Agreement in the state or federal courts in San Diego County, California, and SimpleNet must file any claims it may have against Customer under this Agreement in the state or federal courts in San Diego County, California Force Majeure Neither party will be in breach of this Agreement for any cessation, interruption or delay in the performance of its obligations under this Agreement (other than payment obligations) due to causes beyond its reasonable control including but not limited to earthquake, fire, flood, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (a �Force Majeure Event�). A party whose performance is excused by operation of this Section will provide prompt notice of the Force Majeure Event to the other party and will resume the interrupted performance as soon as it is feasible to do so, but in no event no later than thirty (30) days after the cessation of the Force Majeure Event. Either party may terminate this Agreement if the Force Majeure Event continues for more than forty-five (45) calendar days, without incurring liability solely as a result of such termination. Arbitration In the event a dispute shall arise between the parties to this Agreement, it is hereby agreed that the dispute shall be referred to American Arbitration Association and its Rules of Arbitration. The arbitrator\\\'s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator\\\'s award, or fails to comply with arbitrator\\\'s award, the other party is entitled of costs of suit including a reasonable attorney\\\'s fee for having to compel arbitration or defend or enforce the award Last modified 07/07/03
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