Terms

Terms
30-day money back guarantee
If you are not satisfied with your web hosting account for any reason, you may cancel your account within thirty (30) days of your account purchase date and receive a refund of THE SERVICE CHARGE ASSOCIATED WITH YOUR ACCOUNT.

After 30 days, No refunds are offered

All cancellation and REFUND REQUESTS must be made by the credit card holder for the hosting account, You must request your refund by emailing sales@simplybehosted.com. Refunds will be issued within 28 days of your request.

REFUNDS WILL NOT INCLUDE THE FOLLOWING CHARGES INCURRED BY CUSTOMER:

TRANSACTION FEES ON YOUR PURCHASE

FULL DOMAIN REGISTRATION COSTS, even if the domain was offered as part of a free promotion..

ANY ADDITIONAL SERVICES OFFERED SUCH AS SSL CERTS, DEDICATED IP'S

Refunds do not apply to accounts that have been closed for violating our Terms of service

CANCELLATION BY THE CUSTOMER
Because we provide a service it is excluded from The Consumer Protection (Distance Selling) Regulations 2000 once service has begun.
All cancellations must be submitted to our sales staff at least 14 days prior to a new billing period. If you have not given 14 days notice your account will not be cancelled until after the next payment date. Fees charged on a prepay basis are none-refundable.

IF THE CUSTOMER HAS TAKEN ADVANTAGE OF OUR REDUCED(LOW COST)DOMAIN OFFER AND CANCELS THEIR ACCOUNT WITHIN THE FIRST 2 MONTHS, THEN THE CUSTOMER IS LIABLE TO PAY THE REMAINDER OF THE FULL DOMAIN COST BEFORE WE WILL RELEASE THE DOMAIN.

CANCELLATION BY SIMPLYBEHOSTED
Simply Be Hosted reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership less domain registration costs. In the event of Simply Be Hosted terminating a customer's account due to a situation beyond Simply Be Hosted control, the customer is not entitled to a refund. In this event Simply Be Hosted will attempt to offer an alternative service at Simply Be Hosted’s own sole discretion. Simply Be Hosted does not guarantee that an alternative service will be offered or be available to the customer. If a customer contravenes Simply Be Hosted terms of service a refund will not be issued.

PAYMENT POLICIES
All accounts are set up on a prepay basis. Although Simply Be Hosted reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due yearly/monthly following the date the account was established, confirmation of payment will be sent directly to customers via email from our payment processor shortly after the online purchase has been made. Your payment is recurring and you will be billed at the interval you agreed to, if you wish to cancel the billing you may do so 14 days prior to a new billing period.
Any errors regarding payment /billing must be brought to our attention within 30 days of the transaction; There is a £15.00 administrative fee for any charge back placed against us without first trying to resolve the issue through ourselves. Any charge backs or threatened charge backs are grounds for immediate account cancellation.

SPAM
Simplybehosted has a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Simplybehosted network, by customers or any other users of the Simplybehosted network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Simplybehosted server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email, cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to a Simplybehosted email address or web site URL is prohibited. The use of Simplybehosted servers as a mail drop for responses to activities described above is also prohibited.
Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming will be immediately subject to a £250 network abuse fee.

ILLEGAL MATERIAL
This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or UK/EU Laws. We do not allow any © works which you do not own the © of.
Adult Material - Includes all pornography or otherwise lewd or obscene content.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, and password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide; links to or how to information about such material.
Any account found to contain these materials will be terminated with no refunds, we reserve the right to deem which is adult material and which is not.

We do allow the following adult sites.

[LEGAL] Online adult stores that do not contain pornography
[LEGAL] Informational adult sites that do not contain pornography

RESOURCE USER POLICY
Resources are defined as bandwidth usage and/or processor / memory utilization. We do not offer unlimited bandwidth we do not offer unlimited resources.
If we determine that any site on our servers is using too much of the server's processor / memory and therefore abusing the server,
we have the right to suspend that domain without any notice.
It is then up to you to contact us to get your account activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.

BANNED SCRIPTS
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THE FOLLOWING SCRIPTS ARE NOT PERMITTED ON OUR SERVERS !
YABB (Yet Another Bulletin Board)/Resource intensive
UBB (Ultimate Bulletin Board)/Resource intensive
IRC bots and clients /Often abused
Proxy servers (stone, etc.) /Often used to hide identity
GreyMatter /Often abused
PHPShell /Often abused
Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives (cgitelnet.pl)
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THE FOLLOWING SCRIPTS SHOULD BE USED WITH CAUTION AS THEY CAN BE RESOURCE INTENSIVE!
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movabletype /Resource intensive if not configured correctly
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we reserve the right to disable any script that effects normal server operation or service to other customers.
We do not allow mass email marketing sites on our servers. Sites such as "safe lists" are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server's performance.

Customers are responsible for monitoring of their account resources. Simplybehosted are not responsible for checking your resource usage. You should periodically check your Bandwidth usage, Webspace and mailbox quotas.
We may at our discretion send you emails to inform you of your resource limits being reached, however you should not rely on this method.
Bandwidth: If your account exceeds it's allocated bandwidth, your website will cease to work until you have contacted us to increase your allowance.
Webspace: It is very important that you check how much webspace you have remaining, going over your quota will result in many features such as email not working.
Mailbox quota: When you create a pop3 account you set the quota (20mb as default) If your mailbox becomes full no further email can be delivered.
All resources can be checked from your control panel.

RESELLERS
Resellers must adhere to these terms, customers of resellers must also adhere to these terms. Resellers are not permitted to offer unlimited resources to their clients. Accounts found to be offering unlimited disk space and or bandwidth will be terminated without warning.
Resellers must handle all support issues for their clients, we will however offer support to resellers.
Resellers who fail to meet their monthly payment without a valid reason risk their account and clients accounts being suspended. If a reseller has failed to pay and is deemed as none co-operative or unreachable then we reserve the right to terminate that account and all clients under it, or at our sole discretion offer the reseller clients alternative hosting with ourselves at the rates advertised on our site.
Under no other circumstances will we contact reseller’s clients.

SERVER/ACCOUNT USE
Personal accounts are to be used by the primary owner only. Personal account holders are not permitted to resell, store or give away web-hosting services of their website to other parties or to offer free or paid email forwarding/sub domains to others. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. Simply Be Hosted reserves the right to refuse service and /or access to its servers to anyone.

Customers, or any agent acting on their behalf, must be polite and courteous to Simplybehosted's employees at all times. Rude or abusive emails and telephone calls will not be tolerated and will result in the Customer's website(s) being deleted from Simplybehosted's servers and all services of their account terminated.

DISRUPTIONS
you are not permitted to use our services for any activity which affects the ability of other people or systems to use our Services or the Internet. This includes; denial of service; (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Simplybehosted does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Customers found hosting this material will be subject to immediate cancellation without refund. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold Simply Be Hosted harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitors/attorney's fees asserted against Simply Be Hosted, 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 Simply Be Hosted against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Simply Be Hosted 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 Simply Be Hosted’s server.

DISCLAIMERS

Simplybehosted uses third party spam databases to protect our servers and network from listed sources of spam. If an IP becomes listed on one of these databases our servers will reject all mail sent from that IP until it is removed from the database. it is the responsibility of the IP owner to get their IP'S removed. Simplybehosted will not be responsible for any damages or losses you or your business may suffer as a result of rejected email.

Simply Be Hosted will not be responsible for any damages you or your business may suffer. Simply Be Hosted makes no warranties of any kind, expressed or implied for services we provide. Simply Be Hosted disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, none deliveries, wrong delivery, and any and all service interruptions caused by Simply Be Hosted and its employees. Simply Be Hosted reserves the right to revise its policies at any time. Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning. Customers are solely responsible for backing up their data.

DOMAIN REGISTRATION
Domain names will be registered as soon as possible on receipt of cleared payments. There are no guarantees that your domain name will still be available after your purchase. in the unlikley event of this you will have the option to choose another domain.
You confirm that the domain name registration does not infringe any legal rights of any third party. In addition, you agree not to use your domain name to spam or send unsolicited commercial email (UCE) to other internet users

EXPIRATION AND RENEWAL OF SERVICE(S):

You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. As a convenience to you, and not as a binding commitment, we and/or your Primary Service Provider may notify you via an email message or via your account when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time.

AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME REGISTRATION:

eNom Redemption Period Process:

When a domain expires, eNom offers a non-guaranteed 29-day grace period for renewal at the normal price.
After the grace period, the domain falls into the 30-90day holding status called Redemption.
Should you want to retrieve the domain during Redemption, there is a $160 fee, plus the renewal fee for another year.
Only the previous registrant has the right to request the domain back. All others must wait until the registry drops the domain.
Once a domain is dropped, it can then be purchased by anyone at any time just like a new name. Should someone else purchase your domain, you will need to contact them and attempt to buy it back. Or use the ICANN Dispute Policy http://www.icann.org/udrp/udrp.htm

As a registrar of domains for both the UK (co.uk, org.uk, me.uk) and the US (com, org, biz, net) we need to make you aware of the Terms & Conditions that apply to you. By registering a domain name, you enter into a contract of registration with either Nominet UK or eNom Inc.
http://www.nominet.org.uk/registrants/legal/terms/ for .co.uk - .ork.uk - .me.uk
http://www.enom.com/terms/agreement.asp for com, org, biz, net