Terms of Service and AUP

SimpleVM » Terms of Service and AUP

Terms of Services
Revision date: 15 November 2013

All services provided by SimpleVM (“SimpleVM”) 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. The subscriber agrees to indemnify and hold harmless SimpleVM from any claims resulting from the use of service which damages the subscriber or any other party.

Governing Law. This Agreement/Contract shall be governed, construed, and enforced in accordance with the laws of the State of Massachusetts, United States of America, without regard to its conflict of laws rules.

Prohibited are sites that promote any illegal activity or present content that may be damaging to SimpleVM’ servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links resulting instant termination without notice, no money back, and no data back:
Pirated software
Hacker programs or archives
Malware and any kind of viruses
Warez sites, links and files, any DMCA violations. “Three violations rule” – please see explanation below.
Child and animal porn
Botnetting
Mass mailing and any mass mailing services, setups
Any running IRCd (BNC, eggdrops are allowed. IRCds are prohibited.)
Phishing and Scam
Any sort of *coin mining
Anything illegal in the USA and Netherlands. (it’s a clients responsibility to get to know local laws.)
Minecraft game servers
TOR
To run VPN or Proxy and resell them to end clients (You may only run Proxy or VPN for personal use.)
Any nginx proxy_pass and port forwarding settings on the IP, different from server’s IP address.
Any security testing within our system that can affect service of other client will result immediate termination and no money back.

Additional examples of unacceptable use of service resulting suspended service, notification and later termination with no money back, if service abuse continues:
Any resource abuse that can affect other clients: CPU, IO, Network.
SimpleVM shares CPU resources among clients on per core basis. If client’s service load average is greater than 3 inside VPS, it means VPS uses more than 1xCPU core and system power. Please keep load average under 3 or you will be subject to Resource Abuse section of these Terms of Service.

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE.

 

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. If clients’ service reaches the bandwidth limit, service might be stopped before new bandwidth allocation is purchased. If no bandwidth is purchased within 7 day period after service suspension, such service will be considered abandoned and processed for removal. No prorated refunds will be provided for days of service left in the subscription period.

By default, client servers are not suspended as long as there are funds on the account. Bandwidth is charged on “per TB” base after the allocated monthly limit is reached. “Per TB” price is determined and listed in Provider’s billing system, VPS -> Configuration section.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of SimpleVM is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of SimpleVM must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Service Fees
Certain services carry a setup fee charged by SimpleVM to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to SimpleVM and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month and service start/end date is on the 25th, the client will be responsible for service fees for the entire month of service till the 25th, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy
We do not refund cancelled contracts. For example, if your contract is quarterly or biannually and you request a refund after two months, no refunds will be admitted. Same goes for days: if your contract is on the monthly basis and you request a refund after 1 minute, 1 hour, 12 hours, 2 days or any time under the period of 1 month, no refund will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates, control panels fees or overage charges. In case of AUP violations, no refund will be given. All payments to SimpleVM are final and all refunds of unused amounts of money will be subject of 10$ + 20% processing fee of a return amount.

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $1.00 prior to reactivation. For example, if your service is suspended for non-payment with a monthly price of $1.99, in order to renew it, you will need to have $2.99 on your account.

“Three violations rule” (DMCA violations)
NB: Mistakes happen once and only once. No money back is provided for unused day/months/years of service(s) in case of any DMCA violation on a single account.
1st violation – 24 hours to fix the issue. If no issue is fixed within 24 hours, VPS is suspended. At this point client should make a backup of their own data.
2nd violation – server instantly suspended. 2$ gets your server reactivated. If 2$ is not payed within 7 day period, VPS is deleted for TOS violation. At this point client should make a backup of their own data.
3rd violation – server instantly suspended. 5$ gets your server reactivated. If 5$ is not payed within 7 day period, VPS is deleted for TOS violation. At this point client should make a backup of their own data.
4th violation – server instantly terminated. No money back is provided for unused day/months/years of service.

Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We do not require any notice for a cancellation. You can simply stop paying for service and do not renew it. All services will be deleted on the 7th day after service suspension in case of non-payment. No data will be available after the termination of service.

Backups
Backup of any data is a sole responsibility of a client. SimpleVM is not responsible for any data loss for any reason. If VPS is suspended and later deleted for nonpayment or terms of service violation, SimpleVM reserves a right to charge a $40 an hour fee for each restore process of each deleted VPS service data, provided by a client.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
SimpleVM shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from SimpleVM’ servers going off-line or being unavailable for any reason whatsoever. Furthermore, SimpleVM shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site or any data from one of SimpleVM ‘ servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to [email protected] All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
SimpleVM cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by SimpleVM are resold. Thus, certain equipment, routing, software and programming used by SimpleVM are not directly owned or written by SimpleVM. Moreover, SimpleVM holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as SimpleVM sees fit.

Account Activation
By activating your account with SimpleVM, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given.

Server Uptime Guarantee
Although SimpleVM has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

New accounts and payments
Simple rules for new orders and new accounts. If you follow them, there will be no problem with your order:

PayPal payments:
1. You MUST include your First and Last name in our billing system!
2. Your First and Last name in our billing system MUST match the name on the payment method PayPal, used to purchase service(s)!
3. You MUST sign up from residential IP address. You must not use proxy, VPN, any datacenter IP. Only residential IP.
4. You MUST use a valid email address. If email to your address bounces back, Appendix 1 applies.

WebMoney payments:
1. You MUST include your real First and Last name in our billing system!
2. All payments MUST be submitted directly from your WMZ wallet to ours.
3. If payment is submitted from Formal or Initial passport, passport must be at least 1 year old, name in our billing panel MUST match the one in passport.webmoney.ru service. If name does not match or name is locked or hidden, Appendix 1 applies.
4. You MUST sign up from residential IP address. You must not use proxy, VPN, any datacenter IP. Only residential IP.
5. You MUST use a valid email address. If email to your address bounces back, Appendix 1 applies.
6. If payment is submitted from personal and above certificates, no need to follow 2,3,4,5,7,8 rules.
7. If payment is submitted from Alias passport, Appendix 1 applies automatically. We simply do not deal with anonymous clients and individuals who are hiding their information.
8. All Webmoney payments must be submitted from 9 months and older WM accounts.

Other payments:
1. You MUST include your First and Last name and full, real residential address in our billing system!
2. You MUST sign up from residential IP address. You must not use proxy, VPN, any datacenter IP. Only residential IP. Your IP’s geolocation must match county where you reside (residential address).
3. You MUST use a valid email address. If email to your address bounces back, Appendix 1 applies.

Appendix 1 (Sanctions in case of noncompliance):
1. If you do not comply with any one of the above rules, money will be refunded back to PayPal or Webmoney account, VPS service(s) stopped and deleted, accounts locked. SimpleVM is not responsible for any lost data, due to noncompliance with payment and new account registration rules. Due to the nature of Webmoney (Non-Paypal) refunds and time it takes to refund payments, all Webmoney (Non-Paypal) refunds are subject to 10$ + 10% of refund amount processing fee. If total refund amount is below 10$, no refund will be provided for Webmoney (Non-Paypal) payments.
2. If you feel your account was locked by mistake, email our sales at [email protected] and explain your situation step by step. Include all your registration information in your email to us.

SimpleVM reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Privacy
Revision date: 15 November 2013

SimpleVM has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Order Forms

Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.

Contact information from the order forms is used to get in touch with the customer when necessary.

Billing information that is collected is used to bill the user for services.

Unique identifiers are collected from Web site visitors to verify the user’s identity.

Demographic and profile data is also collected at our site.

We use this data to tailor our visitor’s experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

Third Parties

Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.

Contacting SimpleVM

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact us at: [email protected] Your question will be transferred to the responsible party.

 

Acceptable Use Policy
Revision date: 15 November 2013

As a provider of web site hosting and other Internet-related services, SimpleVM offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. SimpleVM respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, SimpleVM reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, SimpleVM has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using SimpleVM’ services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that SimpleVM cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because SimpleVM cannot monitor or censor the Internet, and will not attempt to do so, SimpleVM cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that SimpleVM does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over SimpleVM’ network and may reach a large number of people, including both subscribers and non-subscribers of SimpleVM, subscribers’ postings to the Internet may affect other subscribers and may affect SimpleVM’ goodwill, business, reputation or operations. For these reasons, subscribers violate SimpleVM policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

1. Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward SimpleVM, but also because it can overload SimpleVm’ network and disrupt service to SimpleVM’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, SimpleVM will investigate and shutdown the account that is SPAMing. If you wish to send bulk solicited and registered emails, you must use DKIM or similar software and be pre-approved beforehand by opening a sales department ticket.

2. Audio/Video Streaming:
Audio/Video Streaming, Audio/Video Chats are not hosting friendly. As such, SimpleVM does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

3. Adult-Oriented Content: 
SimpleVM does allow only legal adult content and will suspend/terminate any offending service account. Legal adult contents means: you are the owner of the content, no child porn, no animal porn.

4. Large File Policy: 
SimpleVM is not for file hosting and distribution – as such, customers may not host any files larger than 2GB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail [email protected]

5. Obscene Speech or Materials:
Using SimpleVM’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. SimpleVM is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

6. Defamatory or Abusive Language:
Using SimpleVM’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

7. Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

8. Illegal or Unauthorized Access to Other Computers or Networks: 
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

9. Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

10. Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

11. IRC:
SimpleVM prohibits hosting of any IRCd software, linking to IRC chat networks (BNC, eggdrops are allowed. IRCds are prohibited). SimpleVM reserves the right to deny any IRC related activity on its’ servers and terminate clients’ service with notice and money back.

12. Other Illegal Activities: 
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, gambling, fraudulently charging credit cards and pirating software.

13. Other Activities: 
Engaging in activities, whether lawful or unlawful, that SimpleVM determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations. Any illegal activities by the law of the USA and Netherlands is prohibited.

14. VPN and Proxy: 
It is strictly prohibited to resell VPN and Proxy access to end clients (You may only run Proxy or VPN for personal use.)

15. Resource abuse: 
15.1.Resource abuse consists of any activity, intentional or otherwise, that consumes enough system resources to affect other clients or equipment.
15.2 If clients’ account is in violation for non-severe prohibited usage, the following steps will be taken in dealing with the infraction:

15.2.1. First Offense: A written warning detailing the offense will be issued via the ticket system addressing the infraction. Once client(s) reply to the ticket, service(s) will be reactivated, and client(s) will have 24 hours to correct the issue. At this point client(s) should make a personal backup of data, and transfer this backup to home or any other remote location.
15.2.2. Second Offense: Another written warning will be issued, and a $5 Fine fee will be applied to the account. Once the ticket is replied and the fine is paid, service(s) will be reactivated, and client(s) will have 4 hours from activation to correct the issue. At this point client(s) should make a personal backup of data, and transfer this backup to home or any other remote location.
15.2.3. Third Offense: A termination notice will be issued, all service(s) on the account will be suspended, and the service in question will be terminated with no compensation or data retrieval. A $15 AUP Violation Fine will be added to the account, and must be paid in full before any service(s) are to be reactivated.
15.3. Any intentional abuse of resources, including but not limited to: DDoS Attacks, Port Sniffers, Network “security” scanners, UDP/SYN Floods, Forkbombs, Unauthorized Access, and GET floods, will result in immediate termination of services, and a permanent ban of the account.

16. I/O and PPS restrictions:
16.1. All VDS/VPS plans in Netherlands priced under 6$ a month have I/O speed restricted at 15mb/sec. All VDS/VPS plans in Netherlands priced above 6$ a month have I/O speed restricted at 30mb/sec.
16.2. Such restrictions will be placed on all I/O abusive VDS/VPS servers in case of I/O resource abuse violations.
16.3. PPS (packets per second) restrictions are in place to protect customers from possible DDoS attacks and massive packets transfers via our servers. VDS/VPS get suspended for 5000 packets a second, 8000 pps in 5 seconds, 20000 pps in 15 seconds and 100000 pps in 60 seconds of time. The only way to reactivate your service is via a support request. First three (3) reactivations are free. After each reactivation you must lower PPS consumption, or your service will be suspended again. Each additional reactivation after three (3) is $1 each.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. SimpleVM will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with SimpleVM’ policy or applicable law. However, when SimpleVM becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by SimpleVM.

SimpleVM is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching SimpleVM’ facilities from those subscribers may have originated from a customer of the subscriber or from another third party. SimpleVM does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. SimpleVM reserves the right to directly take action against a customer of its subscribers. Also, SimpleVM may take action against the SimpleVM’ subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, SimpleVM anticipates that subscribers who offer Internet services will cooperate with SimpleVM in any corrective or preventive action that SimpleVM deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of SimpleVM policy.

SimpleVM will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. SimpleVM may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, SimpleVM may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. SimpleVM assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, SimpleVM may disclose subscriber information or information transmitted over its network where necessary to protect SimpleVM and others from harm, or where such disclosure is necessary to the proper operation of the system. However, SimpleVM will never sell information to other services or outside companies.

SimpleVM expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate SimpleVM policy. Finally, SimpleVM wishes to emphasize that, in signing the Service Agreement, subscribers indemnify SimpleVM for any violation of the Service Agreement, law or SimpleVM policy resulting in loss to SimpleVM or the bringing of any claim against SimpleVM by any third party. This means that, if SimpleVM is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against SimpleVM, plus costs and reasonable attorney’s fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including SimpleVM and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to [email protected]