Your Simple Hosting Terms of Service

Content

Hosting Terms of Service

Traffic Terms of Service

Affiliates Terms of Service please read before Joining or activating the affiliate program.

 

Hosting Terms of Service

The use of services from YourSimpleHosting.com, LLC [hereafter referred to as “YourSimpleHosting”] constitutes agreement to these terms. You may view our Privacy Policy here .

1.) Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with YourSimpleHosting, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. YourSimpleHosting is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied. If we decide to accept a high risk order then there maybe an extra monthly surcharge of upto 20% of the value of the order.

Ownership

The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.

Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

Dedicated IP Address Allocation

Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Third Party Providers

All transactions with third party providers are solely between the visitor and the individual provider. YourSimpleHosting is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

2.) Content

All services provided by YourSimpleHosting may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply.

The customer agrees to indemnify and hold harmless YourSimpleHosting from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@YourSimpleHosting.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups. Examples of unacceptable material on all Shared and Reseller servers include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts

Examples of unacceptable material on all Dedicated servers include:

  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

YourSimpleHosting services, including all related equipment, networks and network devices are provided only for authorized customer use. YourSimpleHosting systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of YourSimpleHosting system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. YourSimpleHosting may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 24 hours.

Sites hosted on YourSimpleHosting.com’s service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. YourSimpleHosting.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like YourSimpleHosting.com and many of YourSimpleHosting.com’s other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, YourSimpleHosting.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under YourSimpleHosting.com’s webhosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us at abuse@YourSimpleHosting.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

YourSimpleHosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

YourSimpleHosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of YourSimpleHosting.

4.) Payment Information

You agree to supply appropriate payment for the services received from YourSimpleHosting, in advance of the time period during which such services are provided. You agree that until and unless you notify YourSimpleHosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of YourSimpleHosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify YourSimpleHosting of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by YourSimpleHosting. YourSimpleHosting reserves the right to bill your credit card or billing information on file with us. YourSimpleHosting provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to YourSimpleHosting for services rendered. Access to the account will not be restored until payment has been received.

It is the customer’s responsibility to notify our sales team via email at sales@YourSimpleHosting.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and YourSimpleHosting cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our sales team via email at sales@YourSimpleHosting.com for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@YourSimpleHosting.com YourSimpleHosting reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss

Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. YourSimpleHosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on YourSimpleHosting servers.

6.) Cancellations and Refunds

YourSimpleHosting reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and YourSimpleHosting is not responsible for any change in exchange rates between time of payment and time of refund.

Customers may cancel at any time via a cancellation form. YourSimpleHosting gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.

Cancellations requested after the initial 30 days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 30 day period will be given on a prorated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been canceled. Payments older than 60 days may require a refund via PayPal or mailed check due to our merchant account policies and procedures.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account: Bank Wire Transfers Western Union Payments Checks Money orders There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Refund requests for .com, .net., and .org domain names (made within the 30 day money-back guarantee period) will have the common market value subtracted for those tld’s. Any ccTLD’s domain name purchases are non-refundable. Please note that domain refunds will only be considered if they were ordered in conjunction with a hosting package. Eligibility of said refunds will be determined at the time of cancellation.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the Terms of Service will waive the refund policy.

7a.) Resource Usage

User may not:

1.) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

2.) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

3.) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

4.) Run any software that interfaces with an IRC (Internet Relay Chat) network.

5.) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.

6.) Participate in any file-sharing/peer-to-peer activities

7.) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

8.) Run cron entries with intervals of less than 15 minutes.

9.) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.

10.) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)

11.) To help reduce usage, do not force html to handle server-side code (like php and shtml).

12.) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

7b.) INODES

The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

7c.) Backup Limit

Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9a.) Money back Guarantee

On dedicated servers no full refund will be honored — the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of YourSimpleHosting’s managed shared, VPS, and reseller servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

YourSimpleHosting will not activate new orders or activate new packages for customers who have an outstanding balance with YourSimpleHosting. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by YourSimpleHosting in writing.

9b.) Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of YourSimpleHosting dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@YourSimpleHosting.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

10.) Reseller: Client Responsibility

Resellers are responsible for supporting their clients. YourSimpleHosting does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. YourSimpleHosting will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

11.) Shared (non-reseller accounts) / Semidedicated Servers

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

12.) Dedicated Servers

YourSimpleHosting reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. YourSimpleHosting reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales@YourSimpleHosting.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

13.) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on YourSimpleHosting.com, and the right to increase the amount of resources given to plans at any time.

14.) Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

15a.) Indemnification

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

15b.) Arbitration By using any YourSimpleHosting services, you agree to submit to binding arbitration. If any disputes or claims arise against YourSimpleHosting or its subsidiaries, such disputes will be handled by an arbitrator of YourSimpleHosting’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

16.) Disclaimer

YourSimpleHosting shall not be responsible for any damages your business may suffer. YourSimpleHosting makes no warranties of any kind, expressed or implied for services we provide. YourSimpleHosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by YourSimpleHosting and its employees.

17.) Disclosure to law enforcement

YourSimpleHosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

18.) Changes to the TOS

YourSimpleHosting reserves the right to revise its policies at any time without notice.

Traffic Terms of Service

All traffic orders that are placed through YourSimpleHosting.com are subject to the following terms and conditions. By placing an order it is understood that you have read, comprehended and agreed with these terms. These term and conditions are an agreement between you (“customer, client”) and YourSimpleHosting.com (“us”). They should be read and understood.

All orders are placed into the advertising system as soon as possible (usually within 24 hours depending on volume) following the time ordered. (excludes orders placed on weekends, these orders will be filled on the next business day) Depending on demand, it may take up to 48 hours for your campaign to be approved. After your website has been approved you will strat to receive traffic to your site.

All Traffic is sent “as is”. All campaigns are considered active the moment the first visitor (Hits/Traffic) is delivered to the client site.

All traffic/hits will be delivered to the website address submitted with the order. In the event that there is an error with the submitted URL, the Client will not hold YourSimpleHosting.com or its Partner Sites responsible for the error. Any traffic delivered to a Client’s site reflecting the above error will not be credited or entitled to a refund. Campaign start date – Due to variances in amounts of traffic purchased at different times, the starting date may fluctuate, and we are in no way to be held responsible if your campaign does not start by a specific date.

You are guaranteed that we will send the number of visitors to the URL you specify. This is the only guarantee for this service. In no event shall we be liable for any consequential, direct, indirect, incidental, punitive, or other damages whatsoever (including, but not limited to, damages for loss of profits, loss of information or other pecuniary loss) arising out of the use or inability to use the package, even if we the service provider has been advised of the possibility of such damages.

If we are unable to deliver the number of visitors promised, you may claim a refund. In the unlikely event that YourSimpleHosting.com does not deliver the number of visitors promised within twelve months, we will provide a refund of your purchase on a pro-rata basis. We do not provide refunds for customers who cancel orders. In cases where refunds are claimed, we reserve the right to further investigate and approve or decline your request.

In the event that the Client’s site becomes unavailable for any reason (“server is down or unavailable, timed out, or shows to be active but with internal server errors, 404 errors and other types of common or uncommon errors associated with the Internet and its underlying infrastructure”), the Client will not hold YourSimpleHosting.com or its Partner Sites responsible for these errors. All/Any traffic delivered to the Client’s site during this down time will not be credited or refunded. In the event that any of the above errors occur including any errors not listed but clearly intended, the client may submit in writing a request for the campaign to be placed on hold. Upon resolution of the problem, the held campaign will continue. Any traffic previously sent will not be credited or refunded.

We use a state of the art tracking system to track your ad campaign. Each order is given a unique campaign id which is used to track visitors to your site by day/time. When we provide an ad view, YourSimpleHosting.com points the visitors to this campaign id. The client understands that if the visitor viewing the the ad closes it before it finishes loading (due to network bandwidth, high impact graphics, animation or lack of interest on the visitors part etc.), it will count as an ad view on our system, we have sent your site to the visitor and have therefore fulfilled our obligation. It is important to note that this scenario may not appear in your website statistics. YourSimpleHosting.com cannot control the acts of the individuals viewing your site and will not be held responsible for these actions.

When you purchase a campaign you understand and agree that the statistics system utilized by YourSimpleHosting.com will serve as the official record of traffic delivered. YourSimpleHosting.com will not be held responsible for traffic not received on your campaign page but sent from our ad server during down time on any components on the Internet or on a clients site for any reason and any traffic delivered under these conditions will not be credited or refunded. YourSimpleHosting.com does NOT allow campaign pages with any kind of popup windows, exit windows or any other kind of extra generated window including system message windows and javascript alert windows, unless specified in the package description. Any additional window generated by your site shall be considered a popup window. You may NOT use any JavaScript to modify the window size. Your campaign page may not have any MUSIC/SOUNDS or JAVA APPLETS on the page we popup to. Attempting to use any JavaScripts that change people’s homepages or add your Web site to their favorites is prohibited.

No exceptions!

If a popup window is installed on the URL at any time, YourSimpleHosting.com WILL stop the campaign and you will NOT be entitled to a refund.

Client understands that traffic counters (“Hit”) counters on your site do not accurately represent the number of visitors sent to your site. This is due to the large amounts of traffic sent to the site in a relatively short time frame. Client also understands that YourSimpleHosting.com does not guarantee sales or signups and will not issue a refund if none are achieved. YourSimpleHosting.com does not guarantee sales, nor will we be held responsible if none are generated. We will send visitors to your site. This is the only guarantee for this service.

Client acknowledges that the order is for the stated term. These terms and conditions are subject to change at any time after the stated term has ended.

YourSimpleHosting.com will not deliver general traffic to sites containing content that is not appropriate for viewing by a general audience unless you specific order casino or adult traffic. Inappropriate content when delivering traffic includes, but is not limited to, adult content, hate text, illegal content (in the US) and content that encourages illegal activities or violence. What constitutes inappropriate content shall be determined at the sole discretion of YourSimpleHosting.com. YourSimpleHosting.com will review your site before beginning the campaign. If your site is changed during the campaign such that it includes inappropriate content, YourSimpleHosting.com will stop your campaign immediately. In this case, you will not be provided a refund on a pro-rata basis.

YourSimpleHosting.com cannot be held responsible for factors beyond our control that may interfere with our ability to deliver visitors to your URL. Such factors include, but are not limited to: downtime on your server, overuse of your bandwidth quota (if applicable), errors on your site, popup killers and network outages beyond our servers. Please contact your web hosting company or network provider if you are unsure about whether your hosting account is sufficient for the program you are ordering.

DISCLAIMER:
We will deliver the traffic we have promised and we will use our own tracking system to determine quantity of traffic that is being sent to client’s website… in no under circumstances will YourSimpleHosting.com be liable if your website’s raw logs doesn’t match with our tracking stats. Our traffic is redirected traffic and your own web stats might not show all the visitors that are redirected… We are not responsible for any improper use of the YourSimpleHosting.com program, information, links, articles or any other content gathered from our website. All orders that are placed through YourSimpleHosting.com are subject to the following terms and conditions. By placing an order it is understood that you have read, comprehended and agreed with the terms.

Client acknowledges that by placing an order with YourSimpleHosting.com that they have read, acknowledged and fully understood ALL paragraphs of these terms and conditions. All services are conducted on a first come, first serve basis. We try to start all services within 72 hours (typically within 24 hours) from the purchase time. However, sometimes the huge demand for our service forces us to enter orders into a queue, which fills orders as they are received.

Because different tracking systems measure traffic differently, we will go ONLY by our tracking system to measure the total amount of visitors we have delivered to your website.

We are NOT responsible if your site does not load completely under frames as traffic will be delivered under frames and we are also not responsible if you get signups or no, we only guarantee that we will send the visitors we promised, we do NOT guarantee that you will get signups…

We cannot be held responsible if your site’s stats do not match to our own tracking system. Then you acknowledge that you cannot ask YourSimpleHosting.com to issue refund because your stats and our stats do not match or you did not get any sales or signups. You are fully responsible from your site’s downtime, banwidth and loading images.
We reserve the right to terminate any campaign for any reason without prior notice with no refund if we believe the website does not comply with YourSimpleHosting.com editorial Guidelines.

BY ORDERING TRAFFIC FROM US (YourSimpleHosting.com), YOU ACKNOWLEDGE THAT YOU HAVE READ OUR TERMS
All sales are final. There is NO REFUND for any reason except for if we cannot deliver the traffic we promised.

Affiliates Terms of Service

This Agreement contains the complete terms and conditions that apply to your participation as a member of the yoursimplehosting.com Affiliate Program.

1.) Enrollment in this Program.

To begin the enrollment process, you will submit a completed Program Application through our website. Your account will be instantly active in our program. We will evaluate your account in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, “Content Restrictions”).

2.) Utilizing Links on Your Site.

As an affiliate website of Your Simple Hosting, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the “Links”), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain Your Simple Hosting’s trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by Your Simple Hosting. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.

3.) Commissions.

We will pay you a commission based on the below structure: Commision Rates: 40% on the Business in a Box service with a $10 joining bonus
Incentivized commissions, and offering any form of incentive to obtain a sale is forbidden, unless prior approval is given and cleared by Your Simple Hosting Staff. To inquire on whether your incentive is acceptable, please e-mail affiliates [@] yoursimplehosting.com [dot] com The Commission Rate is subject to change from time to time, upon e-mail notice to you and commencing the 30-days following such notice. If you are referring clients to Your Simple Hosting from a free hosting service that you run, you are not eligible for commissions unless given express permission by Your Simple Hosting. You must contact our affiliate department for review and a special commission rate.

4.) Commission Payment.

Commissions deemed due and owed to you under the program will be paid to you directly by yoursimplehosting.com after any holding period and in accordance with a regular payout cycle established by yoursimplehosting.com. No commission will be paid for signups by you, your household, or anyone within your organization. Your Simple Hosting reserves the right to only pay for referrals that are active. Active is defined by clients with a website and domain name pointed to a Your Simple Hosting server with user uploaded content. Commissions can be earned per each new client referred through the unique affiliate link. An existing customer, defined by any client who has had an existing account with us at anytime in the past, would not be eligible for a commission with the program. Referrals who have signed up using free domain name services will be subject to manual inspection and may be deemed invalid by Your Simple Hosting.

5.) Responsibility for Your Site.

You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party’s copyrighted or other proprietary material. We will not be responsible if you use another party’s copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following: – Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or AOL customers or otherwise violate the anti-spamming policies of Your Simple Hosting or state law; – Provide inaccurate or incomplete information to Your Simple Hosting concerning your identity, address or other required information; – Attempt to cheat, defraud or mislead us in any way; – Misrepresent to the public the terms and conditions of our sites or your sites; – Engage in popup advertisement network activities; – IFrames may not be used unless given express permission by Your Simple Hosting, sales made through hidden IFrames or Cookie Stuffing methods will be considered invalid
You are free to bid on PPC networks for keywords related to Your Simple Hosting with the intent to direct traffic to Your Simple Hosting. However, the following terms are not allowed: * “Your Simple Hosting” * “yoursimplehosting.com” * “www.yoursimplehosting.com” * “Your Simple Hosting”
However, you may bid on a phrase that includes any of the above terms, eg. “Your Simple Hosting review”, “yoursimplehosting.com hosting”, etc. When setting up the display advertisement in a PPC campaign, it is not permitted to use the display URL “www.yoursimplehosting.com” or “yoursimplehosting.com”, and ad text in a display ad may not contain the “Your Simple Hosting” trademark. The goal of our guidelines regarding pay-per-click advertisements is to preserve the integrity of the Your Simple Hosting brand name and reputation. We do not want affiliates, or for that matter, any third party, representing themselves as Your Simple Hosting or presenting themselves in a way that could be confused with Your Simple Hosting.

6.) Term of the Agreements.

The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.

7.) Modification.

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.

8.) Relationship of Parties.

You and Your Simple Hosting are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of the Your Simple Hosting and Your Simple Hosting expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.

9.) Limitation of Liability.

We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.

10.) Disclaimers.

We make no express or implied warranties or representations with respect to the Affiliate Program or any COMPANY services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

11.) Representations and Warranties.

You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide Your Simple Hosting with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider’s terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.

12.) Confidentiality.

We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as “Confidential Information”). For purpose of this Agreement, the term “Confidential Information” shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to Your Simple Hosting, customer and vendor lists relating to Your Simple Hosting and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person’s use of the information.

13.) Indemnification.

You hereby agree to indemnify, defend and hold harmless Your Simple Hosting, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.

14.) Miscellaneous.

Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of the United States and the State of Florida, without reference to rules governing choice of laws. Your Simple Hosting reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where sales generated by an affiliate consistently have a high chargeback/cancellation ratio. Your Simple Hosting will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. In order to facilitate accurate record-keeping, multiple Your Simple Hosting affiliate accounts spanning multiple affiliate networks are strictly prohibited. If you have an account with the yoursimplehosting.com in-house affiliate program and also open a Your Simple Hosting affiliate account with another network such as Commission Junction, both affiliate accounts will be terminated and all commissions will be forfeited. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

15.) Binding Arbitration.

By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against yoursimplehosting.com LLC or its subsidiaries in conjunction with this program. An arbitration firm selected by yoursimplehosting.com LLC will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.

YourSimpleHosting reserves the right to revise its policies at any time without notice.

Your Simple Hosting, Offering Affordable Hosting Solutions Since 2011.