|
Simplicato Email Hosting Terms of Service
(Version 4.0; Revised Aug, 2005)
By submitting your order and providing your information on the Simplicato System, you, the "Customer," accepts and agrees without limitation or qualification, to all of the terms and conditions in this Agreement (Terms of Service) as described herein.
Simplicato reserves the right to update or change the terms, conditions and notices of its services from time to time to reflect changes in the service, changes in the laws affecting the services, or for any other reasons. In such event, new Terms of Service will be posted on the site and your continued participation in the service shall be considered as your acceptance and agreement with the new Terms of Service.
Simplicato reserves the right to cancel any account, including files and content, for any reason, or no reason at all, at any time. You agree to maintain backup files of all information you post on Simplicato and you agree that Simplicato will have no liability for removing any data you have
posted.
1. Description of Service
Simplicato provides Web Services to users for a fee as described on its web site. The Web Services, Email Hosting, Email Archiving and others, which use Simplicato's resources such as bandwidth, disk space and technology that are integrated to provide such a service.
2. Payment
Customer will pay the Service Fees to Simplicato in the manner set forth in the order. Payment is in advance of the time period during which such services are provided. Customer agrees that all set up fees, if such fees are indicated in the order, are non-refundable once the setup is completed. These services will be billed on a recurring basis for the period of the service unless you have notified us in advance to change the period of the service.
Customer agrees not to use excess of what is allowed to the service of which the Customer ordered. If Customer uses an excess amount of storage, bandwidth or any other resource, over what he purchased, Simplicato will charge the customer additional fees. Customer has the sole responsibility to monitor, check and correct, if so required, the usage of the service.
Service Fees do not include any applicable taxes. All paid fees are fully earned when due and are non-refundable when paid. Unless otherwise noted, invoices for the Service Fees shall be due and payable within 30 days after the date of the invoice. If Customer fails to pay invoice within 45 days after the date of the invoice, Simplicato may charge Customer overdue fee of $10 or discontinue the service. If Simplicato collects any payment due through an attorney or collection agency or Simplicato prevails in any dispute actions which Simplicato and Customer are parties, Customer will pay all costs of collections, arbitration and litigation including attorneys' fees. If check is returned for insufficient funds, Simplicato may charge additional processing fee of $25 per occurrence.
Customer acknowledges and agrees that you are the person legally responsible for use of this account and that you are at least 18 years of age. Customer agrees to provide current and accurate postal address, telephone number and email address for our records. Furthermore, you agree that you are the authorized user of the credit card that you have supplied to us. You also understand and agree that we have the right and obligation to either investigate or provide an outside agency and authority any information we may have in relation to the account to investigate possible fraudulent use of credit card.
3. Customer Rights and Obligations
Simplicato services may be used in accordance with this agreement and for lawful purposes only. Customer is prohibited of using these services in a manner that violates any local, state, federal, international or local jurisdiction or any law that you and your site may be subject to.
Customer is solely responsible for the quality, performance and all content and services provided on Customer Web Site. Furthermore, Customer shall be fully responsible to upload, maintain and ensure that the content and all associated programming his/her Web Site are fully compatible with the hardware and software, which Simplicato
provides for the purchased service. Simplicato is not responsible for any malfunctions or service interruptions caused by any failure of Customer's Content. Simplicato backups its systems periodically. However, you, the Customer, agrees that the use of service is at your own sole risk. Simplicato is not responsible for files and data that you have put on our system. Customer agrees to maintain all backups of files and data stored on Simplicato systems.
Customer agree not to a) post, publish, transmit, promote, reproduce and distribute any content, software or other copyrighted material, which is prohibited by law or/and the owner of such material b) post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law.
4. Bulk Mail, Spam and Spam Filtering
Simplicato
does not authorize the use of its systems and network to accept, transmit or distribute solicited or unsolicited bulk e-mail, either opt-in or opt-out. Sending bulk e-mail or any other unsolicited advertising in Internet is considered as spam and it is annoyance to others. Spamming Internet users via Simplicato or directed towards domains or services which resides on Simplicato is strictly prohibited and may cause your services to be terminated immediately and without warning. You will be fully responsible for any damages to you, Simplicato, or any other party or parties resulting from such activities.
Without any SPAM Filtering the amount of email SPAM will be unbearable and counter productive to the use of email to our users. We are using the following system-level anti-SPAM measures:
Email from individual email addresses known to transmit SPAM is banned. Our Mail Servers reject mail from hosts listed in the following Real Time SPAM Databases:
Incoming emails must come from domains that accept reply emails. If a
domain does not exist, or it exists but reply mail is deactivated
(meaning their DNS Entry has no "MX" Record), we will reject the mail.
Our objective is to minimize the received SPAM without the risk of losing mail without knowing so. However, we cannot guarantee it. Mail that comes from hosts that are on the BLACK LIST (RBL/RSS/DUL/ORBS) databases will be rejected. It is NOT possible for us to make exception to allow mail from specific server that is on the BLACK LIST. The solution is to correct the problem of the server that is on the BLACK LIST. If you know of such a case and you want to receive mail from a user that use that Mail Server, you need to notify him that the Mail Server that he or she uses is on the BLACK LIST as results of being open to relay SPAM. The Mail Server's System Administrator needs to correct the configuration of the mail server before it can be removed from the Black List Database.
We reserve the right to change this policy from time to time without
prior notice.
5. Force Majeure
Neither party is liable for any default or delay in the performance of any
of its obligations under this agreement, not including failure to make
payment when due, which are caused, directly or indirectly, by force
beyond such party's reasonable control, including but not limited to fire,
flood, acts of good, labor, storm, accidents, act of war or terrorism,
interruptions of transportation or communications, hardware failure,
software failure or any third party failure to perform any commitment which
impact the delivery of Simplicato services.
6. Indemnification
You hereby agree to indemnify and hold harmless Simplicato Corporation, employees, contractors, affiliates and attorneys from any and
all liabilities, including but not limited to attorney's fees, cost and
expenses that may arise directly or indirectly from the use of Simplicato
service which damages either you, Simplicato, or any other party. You agree
to be solely responsible for defending any claim and for payment of damages
or losses resulting from the use of Simplicato service, including but not
limited to web site content, access, and domain name management.
7. Warranty Disclaimer
SIMPLICATO CORPORATION MAKES NO WARRANTY EXPRESSED OR IMPLIED
INCLUDING BUT NOT LIMITED TO THE MERCHANTABILITY, FITNESS FOR ANY
PARTICULAR PURPOSE OF ITS SERVICE. FURTHERMORE, YOU EXPRESSLY AGREE THAT
YOUR USE OF Simplicato SERVICE IS AT YOUR OWN RISK. Simplicato SERVICE IS
AVAILABLE "AS IS" BASIS WITHOUT WARRANTY EXPRESSED OR IMPLIED. FURTHERMORE,
Simplicato PROVIDES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR FREE OR THAT ANY INFORMATION, Software or information is free from
error or viruses. Under no circumstances Simplicato will be liable for any
direct, indirect, special, punitive, or consequential damages that result
in any way from the use or inability to use the service, or for third party
use of the service, access the web site, send and receive email through
the service, or reliance on or use the information, service or merchandise
provided on or through the service or that result of failure of
performance. Your sole and exclusive remedy is to discontinue the service.
8. Limitation of Liability
NEITHER PARTY SHOULD BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL,
INDIRECT, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR THE LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF BUSINESS, OR
OTHERWISE, EVEN IF SIMPLICATO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SIMPLICATO CORPORATION, MAXIMUM AGGREGATE LIABILITY TO
CUSTOMER RELATED TO CLAIM ARISING UNDER THIS AGREEMENT WILL BE LIMITED TO
THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE LAST MONTH.
9. Applicable Law and Jurisdiction
This service is based and operated in New York, NY, USA. The State of New
York, USA, governs this agreement. If any provision of this agreement is
found to be invalid by any court competing jurisdiction, this invalidity
shall not affect the validity of the remaining provisions of this
agreement, which shall remain in full force and effect. No waiver of any
term of this agreement shall be deemed a further or continuing waiver of
such term or any other term.
10. Prior Agreements
This agreement supersedes any written, electronic, or oral communication
you may have had with Simplicato or any agent or representative thereof,
and constitutes the complete and total agreement between the parties.
11. Severability
If any provision of this agreement is determined to be invalid or
unenforceable, all other provisions shall remain in full force and effect
and said provision shall be reformed only to the extent necessary to make
it enforceable.
| 
Email Hosting
