This Terms of Service agreement governs your use of the web hosting services provided by SimoHost Technologies. By purchasing and using our services, you agree to be bound by these terms and conditions. This document outlines our responsibilities, your obligations, our Acceptable Use Policy (AUP), billing terms, and data privacy commitments.
Indemnification Policy
1.1
You agree to use all SimoHost Technologies services and facilities at your own risk. SimoHost Technologies specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall SimoHost Technologies be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
1.2
Customer agrees that it shall defend, indemnify, save and hold SimoHost Technologies harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SimoHost Technologies, 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, it's agents, employees or assigns.
1.3
SimoHost Technologies reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from SimoHost Technologies's server. SimoHost Technologies shall be the sole judge of what violates this Policy.
Billing and Payments
2.1
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).
2.2
We accept Visa, Master Card, American Express, Discover Card. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
Late Payments
3.1
All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended.
3.2
If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.
Acceptable Use Policy (AUP)
4.1
All services provided by SimoHost Technologies may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute.
4.2
The subscriber agrees to indemnify and hold harmless SimoHost Technologies and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.
4.3
Pornography is prohibited on all SimoHost Technologies servers. This includes sites that include sexually explicit or hardcore images and/or advertising. Content relating to Hacking, Cracking, Warez and IRC is not allowed.
4.4
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Limitation of Liability
5.1
SimoHost Technologies shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever.
5.2
Furthermore, SimoHost Technologies shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from any of our servers. All damages shall be limited to the immediate termination of service.
Disclaimer
6.1
SimoHost Technologies cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning.
6.2
If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as SimoHost Technologies sees fit.
6.3
SimoHost Technologies retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
This page was updated on 1st January 2020 and replaces the prior version in its entirety.
