Policies and Terms of Service
SIMPLEWEBPRO HOSTING & SUBSCRIPTION AGREEMENT
SimpleWebPro is a company of Spectrafuge Development LLC.
When a customer (you/your/yours) subscribes with SimpleWebPro
(SWP/we/us/our) for a website and/or store (site), you agree
to abide by our policies and terms of service as outlined
here.
PRIVACY POLICY
SWP will not sell, give away, or in any other way share your
personal information with anyone who is not directly related
to providing you with the proscribed online services requested
by you from SWP. Your contact information may be used to inform
you of your account status, any special promotions that we
are offering, or upgrades and improvements we have made to
our services.
All of your credit card information is protected with industry-standard SSL security. It is handled securely and privately.
SWP SUBSCRIPTION DEFINED
Your hosting is free – but the SWP subscription charge
is for the online tools used to build, display, and maintain
your site. Your site is built, hosted, and displayed entirely
online, using proprietary SWP technology, programming, servers, and equipment.
As part of your subscription, SWP will provide a consistent
online presence for your site, including the tools to build,
monitor, and maintain your site. In return, you are responsible for
all efforts and activities involved in building and maintaining
your site. You agree to study the helps and online documentation
provided to understand how to use the SWP tools.
BILLING
SWP will bill your credit card monthly for the subscription
service. The date, or cycle, for your billing is based on
the date – or day of the month – when you signed
up. If you enrolled on the 12th of the month, you will be
billed on the 12th of each month thereafter. The only exceptions
are if you enroll on the 29th, 30th, or 31st of a month, then
your billing date will defer to the 1st of the following month.
SWP reserves the right to increase pricing on its services
with 30 days notice to customers. Reductions in pricing can
be immediate. However, for specific customers who are exceeding
usage specifications – such as excessive bandwidth or
an increase in the number of products in a store, etc. –
increases in pricing can be immediate.
LIMITED FREE TRIAL
SWP offers a free trial on every new subscription
package. You can choose from a one month free trial or a 15 day free trial. The one month free trial requires that you enter a valid credit card. The 15 day free trial does not initially require a credit card. If you wish to continue with the service after 15 days you must furnish a valid credit card in the admin panel. In the case of the 15 day free trial, faulure to furnish a valid credit card number after 15 days will result in cessation of all SimpleWebPro services. In both cases (one Month or the 15 day trials) you will not be billed until the billing cycle date
(see above for billing cycle information) of the second month
of usage. If you are not satisfied with the SWP services,
you may cancel your service at any time by notifying SWP by
going to your site admin panel and using the customer service
contact section offered there. Upon verification or your cancellation
request, your site will be suspended and no further billing
will occur. If you have done this before your first billing
date, no subscription fees will be accessed and you will not
owe SWP any subscription fees to cover access to the SWP service for the first month.
If you exceed your bandwith allocation you will be billed
for excess bandwith. No refunds will be given for domain name
registration(s), customized logo or site design work, subcription
fees, bandwith or any other services that have already been
billed. You will, of course, still own the domain name(s)
and any logos or images created specifically for you. After
the initial one month period, SWP Services shall be deemed
accepted for all purposes, provided no cancellation request
has been received by SWP within the first month of usage.
BANDWIDTH USAGE
SWP reserves the right to review and limit bandwidth on any
subscription account or domain exceeding reasonable monthly
usage, or usage over and above the specified maximum package
limits in accordance with the current price list published
on the web site. Customers exceeding reasonable usage monitored
by SWP will be given the option to pay for excess usage at
a rate of $10.00 per month per 5 GB minimum additional incremental
unit, or will be given the choice to change to another subscription
plan. At least two (2) notifications will be made by E-mail.
Failure to respond to the E-mail notifications will constitute
an agreement to charge the account for excessive bandwidth
usage.
CANCELLATION
You can cancel your SWP service at any time. No refunds will
be provided for the last subscription cycle billed or any
unused portion thereof. You may cancel by going to your site
admin panel and using the customer service contact section
offered there. Your cancellation request will be honored with
an immediate cancellation of service and cessation of any
future billing.
SWP reserves the right to cancel any customer’s service, or remove specific content,
for any reason, including, but not limited to: violation of
any SWP policies and terms of service; using SWP services
for showing or selling any kind of questionable, offensive, indecent or pornographic images, videos, audio, text, other media, or products;
using SWP services for any kind of gambling; using SWP services
to conduct any questionable or illegal activities; if you engage in spamming,
even if provided through a third party; if you violate copyrights of SWP or others; or any other violations
of domain, ICANN, or other generally accepted internet policies. Such determinations of any of these reasons to cancel service or remove content are at the sole discretion of SWP, and SWP shall be held blameless and free of any liability for such decisions and actions.
SPAM POLICY
SWP strictly prohibits the use of our servers, lists, database,
technology, or related assets and services for the purpose
of sending or relaying unsolicited email (spam). This also
includes lists and data compiled by you or third parties that
may be used to send traffic to your site at a domain hosted
on SWP servers. If any domain hosted by SWP participates in
the sending of unsolicited mail, unsolicited bulk mailings,
unsolicited spot mailings or any other form of mailing commonly
know as spam, the hosting and service for that domain will
be cancelled immediately and all access to SWP will be terminated.
Termination of the hosting account on our servers applies
regardless of the source or server the mail is distributed
from. SWP does not support the practice of spam in any form.
NOTE: As the owner of a domain, it is in your best interest
to avoid any kind of spamming, which can cause your domain
to be blacklisted and essentially shut down by a wide variety
of control sources on the internet. SWP’s policies against
spamming ultimately protect you from harming your ability
to conduct business on the web.
DOMAIN NAME POLICIES
SWP is a reseller of domain names via Tucows.com Company.
This is offered as a convenience to SWP customers. However,
the domain name shall be considered as if it had been purchased
and/or renewed directly with Tucows.com. Any domain complaints,
issues, disputes, or other problems must be handled directly
through Tucows.com. Also, the policies as set forth by Tucows.com
shall apply. To see the full Tucows.com policies, click here.
Also, ICANN policies apply to all domain names. To see this
policy, click here.
LIABILITIES
SWP is not required, and is not able, to provide any site
code, data, pages, or information of any kind outside the
scope of the subscription service. Your site is built dynamically
from data you input, and does not actually exist, as many
typical websites do, in coded form. It is your responsibility
to create back-up files of photos, text, data, reports, and
any information that you may want for any use outside the
SWP subscription, or for use after the termination of your
SWP service.
Further, you assume all responsibility for managing your
business or personal site. SWP is exempt and free from any
and all liabilities or claims arising from your use of these
services. Any consequences to you or claims from third parties
resulting any of your financial practices, management decisions,
illegal activities, or any other results of your actions are
your sole responsibility. SWP merely provides the online service,
and requires that you will use these services honestly and
responsibly.
You also agree that you will not hold SWP liable for any
loss of business, lost opportunity, consequential, indirect,
special or incidental damages as a result of any interruption
in service. SWP is not liable for lost or damaged site content
or backups on the SWP hosting platforms. SWP has made and
will make every reasonable attempt to protect the security
and integrity of your site, including regular scheduled back
ups and industry-accepted precautions, but offers no warranty
as to the ability to restore site content in the event of
catastrophic server failure.
In no event shall SWP’s liability exceed the total
value paid by you to SWP over a maximum period of 6 months.
THIRD PARTY PROVIDERS
In order to conduct your site or business using the SWP subscription
service, you may find it necessary to have additional agreements
with other third parties, such as providers of services for a merchant account, domain
name registration, fulfillment service, manufacturer, drop
shipper, or other partners and components of your overall
business. These third party agreements, even if recommended
by SWP, are solely your contractual agreements and responsibility,
and must be considered and treated as separate business and
legal arrangements. This agreement with SWP does not in any
way modify your other agreements with third parties. And those
agreements do not modify this one. You agree to hold SWP blameless and free of liability for any losses, damages, obligations or any other issues you may incur from any and all business interactions with any and all third-party entities.
CONTENT RESPONSIBILITY AND INTELLECTUAL PROPERTY RIGHTS
You are solely responsible for all content and activities associated with your site. This includes responsibility and liability for content, marketing and promotion, copyright compliance, honest business practices and management, customer service, compliance with spam and ICANN policies, plus any and all other internet and business issues.
You are entitled to the intellectual property rights of any
content originated by you for your site hosted on SWP. Also,
you acknowledge and agree that the SWP service includes confidential
and proprietary information pertaining to SWP, including trade
secrets and intellectual property of SWP. You shall not personally,
or cause employees or agents to disclose or transfer any portion
of SWP proprietary information to any third party. You also
agree not to translate, decompile, reverse engineer, disassemble,
modify, reproduce, rent, lease, lend, sublicense, or otherwise dispose of any portion of your subscription to SWP services.
SECURITY
You agree and understand that the Internet and other various
networking communications are inherently not secure. You are
solely responsible for validating the integrity of the information
and data you receive or transmit over the Internet.
You are solely responsible for protecting the security of
your Internet account and usage. Your password shall be considered
private information and shall not be disseminated or in any
other manner disclosed or transferred to third parties. SWP
shall not be liable for any breach of security caused by your
or third parties.
APPLICABLE LAWS
You will ensure that your use of the Internet and any service
provided by SWP for your internet presence complies with all
applicable federal, state and local laws and regulations,
including but not limited to all laws pertaining to copyright,
trademark, proprietary information, intellectual property
rights, taxation, defamation, tortuous interference with business,
invasion of privacy, and pornography. In the event that you
violate this provision, SWP shall have the right to consider
such a breach of this agreement, which shall entitle SWP to
terminate your service immediately without prior notice. It
shall be within the sole discretion of SWP to deem material
as inappropriate.
EXCLUSION OF WARRANTIES
SWP provides SWP services on an “as is” basis,
and without any warranty of any kind, whether express or implied,
including, but without limitation, any implied warranty of
merchantability, or fitness for a particular purpose.
While SWP makes reasonable efforts to maintain the SWP service,
many factors are not within our control. Therefore, SWP does
not warrant, and is not responsible for (even if caused by
SWP negligence) any loss of data, delays, non-delivery or
misdelivery of information, lack of access, slow response
time, or service interruptions or errors. Loss, delay, or
non-delivery of data can be due to, but not limited to failures
in SWP servers, viruses, internet vulnerabilities or failures,
or other third parties. Your data includes, but is not limited
to, any data held by SWP and includes account information,
web hosting data, email, and domain name services. This disclaimer
and waiver shall apply equally to any and all third party
providers. Further, no advice or information given by SWP
representatives shall create a warranty or serve as an amendment
to this agreement.
INDEMNIFICATION
You agree to indemnify and hold SWP harmless against all
third party claims, demands, suits, actions, judgments, losses,
costs, damages (direct, indirect, and consequential), attorney's
fees and expenses that you may sustain or incur by reason
of any breach or alleged breach of any term or condition of
this Agreement (including reasonable attorney's fees) and
for any act or omission of your or your clients which are
in any way related to the SWP service.
FORCE MAJEURE
Either party shall be excused from any delay or failure in
performance hereunder caused by reason of any occurrence or
contingency beyond its reasonable control, including but not
limited to, acts of God, earthquake, labor disputes and strikes,
riots, war, and governmental requirements. The obligations
and rights of the party so excused shall be extended on a
day-to-day basis for the period of time equal to that of the
underlying cause of the delay.
JURISDICTION AND GOVERNING LAW
This Agreement shall be governed by the laws of the State
of Utah and jurisdiction shall lie within the State of Utah.
You consent to submit to the jurisdiction of the State of
Utah.
MODIFICATION
The terms of this Agreement may be modified at the discretion
of SWP with 30 days notice to customers.
ENTIRE AGREEMENT
This Agreement supersedes all Agreements previously made
between you and SWP regarding the subject matter of this Agreement.
There are no other understandings or Agreements. Failure to
properly notify SWP via e-mail or regular mail of disagreement
with the above terms and conditions will constitute your acceptance
of same. This Agreement shall automatically renew itself,
unless otherwise cancelled or terminated by either party,
in accordance with the notice provision set forth herein.
Domain
Policies
Uniform Domain Name Dispute
Resolution Policy
ICANN Policy
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