THIS AGREEMENT BETWEEN SimplyEZHosting.com and you, where “you” is referred to as (“Account Holders”, “Users”, “Members”, “Customers”, or “Subscribers”), WHEREAS SimplyEZHosting.com agrees to furnish IT – internet based services associated with web sites, web hosting, and domain registration to the User. Use of SimplyEZHosting.com Service constitutes acceptance and agreement to SimplyEZHosting.com’s policies are subject to the terms above and as follows:

Content

At SimplyEZHosting.com, we strongly prohibit the use of any of our services for any illegal activities.

Although we are a global web hosting service provider, all our subscribers must be in accordance with U.S. Federal, State, and local laws. Ultimately you, the customer, are solely responsible for the content stored on your SimplyEZHosting.com account. User shall not include content, or internet links to content on the Site that contain, promote, or involve any of the following.

Examples include but are not limited to:

  1. Any copyright, patent, trademark, or other intellectual property rights.
  2. Child Pornography
  3. Hate content
  4. Threatening, racial, or otherwise abusive content
  5. Any and all content inciting, instructing, or promoting illegal activities
  6. Fraud, MLM (Multi-Level Marketing), Pyramid schemes, or any other activities deemed to be fraudulent
  7. Hacking/Phreaking, warez, cracks, spam software, or any material that contains a virus or other harmful code

Payment

Establishment of service is reliant upon receipt by the Company of payment of affirmed charges. Following payments are due on the anniversary date of the month for that month’s service.

Payments and Fees

Accounts that reach 7 days past due will be suspended. All account data including website, emails, and email accounts will be deleted after 90 days of suspension. Accounts that are not collectable by SimplyEZHosting.com may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedure to do this as outlined in the TOS.

Failure to Pay

The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation

Requests for cancelling accounts may be made in writing or through the helpdesk system. SimplyEZHosting.com’s preferred method of cancellation is via the helpdesk of your SimplyEZHosting.com account. Please log into the helpdesk and you can request to have your account cancelled.

Disclosure to Law Enforcement

At SimplyEZHosting.com, we specifically forbid the use of our service for any unlawful activities. Therefore, User agrees that the Company may reveal any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency who makes a written request without further consent or notification to the Subscriber. In addition, SimplyEZHosting.com shall have the right to terminate all service set forth in this Agreement.

Support Boundaries

SimplyEZHosting.com provides 24 x 7 x 365 technical support to our subscribers and our staff is limited to our area of expertise.

The following are guidelines when providing support:

  1. SimplyEZHosting.com does not offer technical support for application specific issues such as cgi programming, html, or any other such issue.
  2. SimplyEZHosting.com does not provide technical support for YOUR customers. If you can email, we encourage you to email support@SimplyEZHosting.com for assistance.

SPAM and Unsolicited Commercial Email (UCE)

SimplyEZHosting.com takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of SimplyEZHosting.com may not use, or permit others to use, our network to transact in UCE. Customers of SimplyEZHosting.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of SimplyEZHosting.com’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, SimplyEZHosting.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, SimplyEZHosting.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, SimplyEZHosting.com may, at its sole discretion, restrict, suspend, or terminate customer’s account. Further, SimplyEZHosting.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.

SimplyEZHosting.com will notify law enforcement officials if the violation is believed to be a criminal offense.

As our Customers are ultimately responsible for the actions of their clients over the SimplyEZHosting.com network, it is advisable that customers develop a similar, or stricter, policy for their clients.

Network

Network Disruptions

Use of Easy One Hosting Services service for any activity which affects the ability of other people or systems to use Easy One Hosting Services services or the Internet. This includes “Denial of Service” (DOS) attacks against another network host or individual user; interference with or disruption of other network users, services, or equipment is prohibited. Easy One Hosting Services will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Easy One Hosting Services does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Servers found hosting this material will be subject to immediate cancellation without refund. Use of the Easy One Hosting Services service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Easy One Hosting Services’ or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Easy One Hosting Services account is subject to immediate termination.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, or employee. therefore, you must take steps to ensure that others do not gain unauthorized 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.

Network Security

Easy One Hosting Services accounts operate on shared network resources. Excessive use or abuse of these 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 of your account.

Bandwidth and Disk Usage

Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). SimplyEZHosting.com will monitor Customer’s bandwidth and disk usage. SimplyEZHosting.com shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in SimplyEZHosting.com’s sole and absolute discretion.

If SimplyEZHosting.com takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that the customer exceeds the included allocation, SimplyEZHosting.com may, at its sole discretion, collect a deposit, in an amount determined by SimplyEZHosting.com, against Customer’s credit card on file with SimplyEZHosting.com.

System and Network Security

Users are prohibited from violating or attempting to violate the security of the SimplyEZHosting.com Network. Violations of system or network security may result in civil or criminal liability. SimplyEZHosting.com will investigate occurrences, which may result involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved with such violations.

These violations include, without limitation:

  1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
  2. Attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization.
  3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing”, or “crashing”.
  4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  5. Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation

SimplyEZHosting.com is under no duty to look at each customer’s or user’s activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.

Miscellaneous Provisions

  1. You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
  2. SimplyEZHosting.com takes no responsibility for any material input by others and not posted to the SimplyEZHosting.com Network by SimplyEZHosting.com. SimplyEZHosting.com is not responsible for the content of any other web sites linked to the SimplyEZHosting.com Network; links are provided as Internet navigation tools only. SimplyEZHosting.com disclaims any responsibility for any such inappropriate use and any liability to any person or party for ay other person or party’s violation of this policy.
  3. SimplyEZHosting.com is not responsible for any damages your business may suffer.
  4. SimplyEZHosting.com does not make implied or written warranties for any of our services.
  5. SimplyEZHosting.com denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by SimplyEZHosting.com.
  6. It is absolutely forbidden to IRC servers on SimplyEZHosting.com Network. Accounts found hosting this material will be subject to immediate cancellation without refund.

Refunds and Guarantees

Shared and Reseller Hosting Plans

Money back guarantee on our web hosting plans and packages:

To prove to you how confident we are in our services, we will offer you a 30-day, money back guarantee on web hosting plans and packages. Domain name registration and transfers are non-refundable. If for any reason you are not completely satisfied with our services and cancel your account within the initial 30 days from the initial order date of your account, we will refund you all your money (excluding setup fees). Refunds may take up to two weeks to process.

Refunds for Dedicated Servers

All payments to Easy One Hosting Services are nonrefundable for Dedicated Servers. This includes any setup fees and monthly fees regardless of usage.

Payment Disputes

All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which are valid charges as determined at Easy One Hosting Services discretion under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption and reconnection fees to restore the desired service and will be turned over to a collection agency for further action and reported to various credit reporting agencies.

Please Note

SimplyEZHosting.com will not issue refunds to users who have their account terminated by SimplyEZHosting.com, for breach of our terms of service. Refunds will not be made to users who exceed their allocated bandwidth limit. Accounts that are renewed for additional terms are also not subject to our money back guarantees.

99.9% Uptime Guarantee

If for any reason (except for scheduled downtimes) our network or servers are down for longer than 0.1% in any month, you can request a discount for your following month’s services. For clients paying yearly, the equivalent to discount of a monthly payment will be deducted off the next payment.

Responsibility for Content

  1. You, as SimplyEZHosting.com’s customer, are solely responsible for the content stored on and served by your SimplyEZHosting.com server.
  2. All provisions of this contract are subject to the TOS (Terms of Service) of SimplyEZHosting.com and the AUP (Acceptable Use Policy).
  3. The AUP may be changed from time to time at the discretion of the Company.
  4. Subscriber understands that changes to the UAP by the Company shall not be grounds for early contract termination or non-payment.

Backups and Data Stored on Our Servers

Easy One Hosting Services keeps backups for archive purposes only. Easy One Hosting Services does not warrant that the backups will be current or usable for customer data recovery. While we attempt to maintain accurate and current backups, we cannot and do not warrant them to be fit or up to date. It is the customer’s sole responsibility to maintain current backups of their data. You agree that at no time Easy One Hosting Services will be held liable for faulty backups or data stored on our servers. Easy One Hosting Services and its partners and suppliers will not be liable for any cost damage arising either directly or indirectly from any failure of backups, corruption, or loss of data stored on our servers.

Hold and Indemnify Harmless

Easy One Hosting Services customers agree to indemnify and hold harmless Easy One Hosting Services from any claims resulting from the use of our services that damages them or any other party. The Easy One Hosting Services service is provided on an as-is, as available basis. Easy One Hosting Services expressly disclaims any representation or warranty that the Easy One Hosting Services service will be error-free, secure, or uninterrupted. In cases of outage, the client’s sole remedy will be a pro-rated credit based on the period difference of downtime and Easy One Hosting Services’ promised uptime.

No oral advice or written information given by Easy One Hosting Services, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Easy One Hosting Services, its partners, and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification

Easy One Hosting Services reserves the right to add, delete, or modify any provision of its Terms of Use at any time with written notice either direct or posted for 30 days in advance to our user forum.