Simplehost Web Hosting

Acceptable Use Policy

This document is updated often.  Simplehost is not required to send notifications when this page is updated.

Reports of activity in violation of this policy may be sent via e-mail to abuse@simplehost.co.nz

When you open your Simplehost account, you join two communities.  First is the community formed by our network and our customers; the second community is the one made up of all users connected to each other to form the Internet. Becoming a member of these communities gives you certain rights an d privileges, but also imposes certain duties and responsibilities. Simplehost has established an Acceptable Use Policy in order to make these duties and responsibilities more clear.  This document is intended to provide a general understanding of Simplehost's Acceptable Use Policy.  The following factors guide the establishment and enforcement of Simplehosts usage policies:

  • Ensure reliable service to our customers
  • Ensure security and privacy of our systems and network, as well as the hosting and systems of others
  • Comply with existing laws
  • Maintain our reputation as a responsible service provider - Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information
  • Preserve the privacy and security of individual users

Simplehost intends to provide its customers access to everything the Internet has to offer.  While Simplehost is firmly committed to the principles of free speech, certain activities are damaging to the resources of both Simplehost and the Internet and cannot be permitted under the guise of free speech.  The resources of Simplehost and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

If a Simplehost account is used to violate the Acceptable Use Policy, we reserve the right to terminate or suspend your service without notice and you agree to indemnify Simplehost and its affiliates against any claims threatened or brought by third parties as a result of your violation of this Acceptable Use Policy and/or the content of your website.  We prefer to advise customers of inappropriate behavior and any necessary corrective action.  However, violations of the Acceptable Use Policy will result in immediate termination or suspension of service.  Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

If you have any questions regarding this policy, please contact us at abuse@simplehost.co.nz

Limitation Of Liability: In no event shall Simplehost's cumulative liability exceed an amount greater than one month's hosting fee.

Billing: Hosting fees are charged monthly or yearly in advance from the start date of each plan.  Overages are charged in arrears.  Payment is due within 20 days.

Responsibility for Content: The customer is solely responsible for the content stored on and served by Simplehost servers.

Assignability: The customer shall not transfer or assign this Agreement. 

General Information

Simplehost customers are prohibited from transmitting on or through any of Simplehost's services, any material that is, in Simplehost's sole discretion, unlawful, obscene, threatening, abusive, defamatory, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local or international law.

In general, you may NOT use your Simplehost account:

In a manner which violates any law, regulation, treaty or tariff;

In a manner which violates the rules, regulations and policies of any network, server, web site, database or service provider that you access through your Simplehost account;

In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;

To threaten, harass, abuse or intimidate others;

To damage the name or reputation of Simplehost, its' parent, affiliates and subsidiaries;

To break security on any computer network, or to access an account which does not belong to you; or

In a manner which interferes with other customers' use and enjoyment of the services provided by Simplehost .

Simplehost's services may only be used for lawful purposes.  Transmission, distribution, or storage of any information, data or material in violation of local law, or by the common law, is prohibited.  This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute.  Simplehost reserves the right to remove such illegal material from its servers or to immediately terminate your services without notice.

The customer is responsible for keeping billing data with Simplehost up-to-date and accurate.  Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

Simplehost reserves sole discretion to determine whether any use of the service is a violation of this policy.  Guidelines for using your account follow.  This information is only a guideline, and is not intended to be all-inclusive.

Copyright

If you believe a website hosted by Simplehost has breached copyright laws please send a formal letter (signed and scanned) to Simplehost support. The letter must sufficiently identify (in the form of hyperlinks) all content under dispute and declare the signee to be authorised to act on behalf of the copyright holder. On receipt of such a letter, we will address any copyright issues with the owner of the website and work with you to resolve any copyright issue.

Electronic Mail

Certain Simplehost accounts give you the ability to send and receive electronic mail.  Simplehost maintains a ZERO tolerance policy in regards to SPAM. We do not tolerate spam mailings and any account that is used to send such will be terminated without notice.

You may not use your account to send unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts.  Such messages may only be sent to those who have explicitly requested it.

You may not use your account to collect responses from unsolicited bulk or commercial e-mail sent from accounts with other providers.  Forging, altering or removing electronic mail headers is prohibited.  You may not send numerous copies of the same or substantially similar message, nor may you send very large messages or files to a recipient, with the intent to disrupt a server or account ("mail bombing").  You may not use electronic mail to harass or intimidate others.  Harassment, whether through language, frequency of messages, or size of messages, is prohibited.  Sending a single unwelcome message may be considered harassment.  If a recipient asks to stop receiving e-mail, you must not send that person any further messages.  You may not forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings.

Simplehost accounts may not be used to collect replies to messages sent from another Internet service provider if those messages violate this policy or the acceptable use policy of the other service provider.

If you use the services of another provider to promote a web site hosted by or through Simplehost, then the provisions of this policy shall apply to the methods used to promote such site.

Web Sites

Simplehost provides storage space and access for web sites through it's Web services.  Simplehost will not routinely monitor the contents of your web sites.

You are solely responsible for any information contained on your web site.  However, if complaints are received regarding language, content or graphics contained on your web site, Simplehost may, at its sole discretion, remove the web site hosted on Simplehost servers and terminate your Web service.  You agree to promptly reimburse Simplehost for any reasonable expenses it incurs (including attorney's fees) in defending itself form third party claims relating to any of the content (whether created by you, your customers or your users) contained on your website.

You may not use your web site to publish material which Simplehost determines, at its sole discretion, to be unlawful, indecent or objectionable.  For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order.  This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example).

Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards.  Objectionable content is otherwise legal content with which Simplehost concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates.

Your subdomains are allowed to be used for any legal purpose.  You may not sell the subdomain space to others, nor may you point other domain names to your subfolders.

Examples of prohibited web site content:

Material which encourages the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual orientation, disability or political affiliation.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, visitor or employee.  Therefore, you must take steps to ensure that others do not gain access to your account.  In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account ("cracking").  This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other Hosting.  Use or distribution of tools designed for compromising security is prohibited.  Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not host within your account files used to hack, crack, decode or generate keys.

You may not attempt to interfere with service to any user, host, or network ("denial of service attacks").  This includes, but is not limited to, flooding, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability.  Simplehost will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Management

You are responsible for ensuring that the services obtained from Simplehost are used in an appropriate manner by your customers and users.  Therefore, you must take steps to manage the use of the services obtained from Simplehost in such a way that network abuse is minimized.  You must also make information publicly available about how to contact you, and you must respond in a timely manner to complaints concerning misuse of the services obtained from Simplehost .  Failure to responsibly manage the use of the services obtained from Simplehost may be cause for termination of services to you.

Additionally, you may not run any type of proxy service from your account.  This includes but is not limited to a http proxy.

Network Performance

Simplehost accounts operate on shared resources.  Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers.  Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination or suspension of your account without notice.

You are prohibited from excessive consumption of resources, including CPU, memory, and session time on a Web Hosting account. You may not use resource-intensive programs which negatively impact other customers or the performance of Simplehost systems.  Simplehost reserves the right to terminate or limit such activities.

Internet Relay Chat

IRC IS PROHIBITED

Simplehost does not allow any kind of IRC bot or Client connection from our server(s).

Illegal Activity

Prohibited activities include, but are not limited to:

Transmitting obscene materials or child pornography

Intentionally spreading or threatening to spread computer viruses

Gaining or attempting to gain unauthorized access to any network, including Simplehost's private network infrastructure

Accessing or attempting to access information not intended for you

Transmitting pirated software

Conducting or participating in illegal gambling

Soliciting for pyramid and other illegal schemes

Simplehost does not permit any site that contains: (i) images (including on banner ads) of nude models that appear to be under the age of 18 (in Simplehost's sole judgment), (ii) sexually explicit images (including on banner ads) of models that appear to be under the age of 18 (in Simplehost's sole judgment); or (iii) sites containing language promoting child pornography together with any sexually explicit or nude images.

Privacy Statement

Simplehost has a policy to respect and protect the privacy of its customers and their information that is stored with Simplehost.  Simplehost will only access and disclose information as necessary to comply with applicable laws and government requests, to provide the Simplehost Services, to operate or maintain its systems or to protect itself or its customers.

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