Legal Information

General Conditions

1.1. - What These Terms Cover

These are the terms and conditions on which SimpleSonic supply services to you. All terms are effective from the date of your electronic submission of order.

1.2. - Amendment of Terms

SimpleSonic may at any time, at its sole and absolute discretion, change or modify this Agreement and any policies or agreements that are incorporated herein. Any changes or modifications will take immediate effect. Your continued use of the website or our services will constitute your acceptance of the amended Agreement. The obligation is upon you to ensure that the email you have provided to us is up to date. We accept no liability or responsibility for your failure to receive any email communications from us if such failure results from an inaccurate email address.

Company Information and Contact

2.1 - About Us

We are SimpleSonic, a Limited Liability Company (LLC) registered in USA. For business related matters, you can contact us at: https://www.simplesonic.com/members/contact.php

Clients can contact us by logging into our client area at: https://simplesonic.com/members/clientarea.php, where you can raise a support ticket.

2.2 - Mailing Address

SimpleSonic
18670 Coastal Highway #1021
Rehoboth Beach, DE 19971

2.3 - Contacting You

If we have to contact you, we will do so by writing to you via email or support ticket at the email address you provided to us at the time of placing your order.

Our contract with you

3.1 - Order Acceptance

Placing an order on our website does not guarantee acceptance of your order. Our acceptance of your order will take place after your order is placed at the point you receive confirmation that your order has been accepted and created. At this point a contract will come into existence between you and us. Payment must be received before any services will be provided.

3.2 - Order Fulfillment

If we are unable to accept or fulfil your order, we will inform you of this and refund any money you have paid to us. Examples of when we will not be able to fulfil your order include when your information does not pass our manual fraud inspections.

2.3 - Account Access

In order to access our services you will be asked to create an Account. You may be allocated a username and password when your order is placed. We reserve the right to change any username or password allocated to you. Any changes will be notified to you in writing. You warrant to SimpleSonic that all information submitted in order to set up and utilise your Account is true, accurate and complete.

2.3 - Account Responsibility

You are solely responsible for activities on your account, whether authorised by you or not. This also includes the accounts you resell as you are ultimately responsible for your account as well as subaccounts. You must keep your login details secure. You must notify us immediately of any unauthorised use of your account or security breach you may feel may have occurred.

Domains

4.1 - Domain Availability

We make no representations as to the availability of a particular domain name requested for registration by you (Domain). A Domain will always be registered in or transferred into your name, not SimpleSonic’s. You should manage your Domain’s WHOIS data through your SimpleSonic client area at https://simplesonic.com/members/clientarea.php. It is your responsibility to ensure that all data is accurate. Your Domain may be taken offline if you fail to keep your contact data up to date and it cannot be verified. To provide the best service we may from time to time change the registrar that a Domain is held with, at our discretion and without notice. Such a change does not impact your domain name usage.

4.2 - Designated Agent

For all applicable gTLDs you agree that we will act as a Designated Agent, in accordance with ICANN’s Transfer Policy, for you whenever a request is made to update the registrant contact details associated with a Domain. In that respect, you authorise us to approve a change of registrant of any change to the registrant’s details on behalf of you.

4.3 - Registration Responsibility

Our service is limited to the forwarding of your order to the registry. It is your sole responsibility to ensure that the domain has been registered, renewed and/or transferred as appropriate. We accept no liability for any failure to register or transfer the Domain.

4.4 - ICANN Terms

Domain registration is subject to third party terms and conditions including those from the relevant registry for the Domain extension. By submitting your order to us you are confirming that you will at all times and in all respects comply with ICANN’s and any relevant registry’s terms and conditions for domain registration and use. You will indemnify us in respect of any failure by you to comply with the terms of this Agreement or any failure to comply with ICANN or the registry's terms and conditions.

4.5 - Automatic Renewal

We will endeavour to automatically renew a Domain on your behalf when it is due for renewal, save where you have given notice in accordance with clause 4.1, below or where you have set the Domain to either cancel or manual renewal in your control panel. We will not renew a Domain where no up to date payment method has been provided or where you fail to make payment as required.

4.6 - Renewal

Renewals will ordinarily be renewed for the same duration as the initial registration period, unless you instruct in writing of any required amendment or modify the renewal settings in your client area. The renewal will be charged at the prevailing rate at the time of renewal. We shall take payment for Domain renewals up to 7 days prior to the Domain renewal date in order to ensure that the Domain is renewed on time.

4.7 - Ownership WHOIS

We shall determine the ownership of a registered Domain by reference to the details held on the Whois database. If the Whois database details are not determinative then we shall be entitled to request whatever supporting evidence we may require to ascertain ownership. It is your obligation to resolve any dispute over ownership with a third party. We are under no obligation to carry out a transfer request if we are not satisfied that the correct consents and permissions have been obtained.

4.8 - Transfer Responsibility

You are solely responsible for completing any steps required to transfer the domain, including but not limited to: changing the Nominet IPS tag of the domain, unlocking the domain name, providing the Authorisation code, and approving a transfer request. You must inform us if you wish to cancel a transfer and request a refund in accordance with our refund policy.

4.9 - Transfer Costs

You acknowledge that one year may be added and charged to some domain extensions when transferred. Some domains have maximum registration periods and you acknowledge this may prevent a transfer if the renewal would push the registration over the registry term limit. We will not initiate transfer of a Domain until the order has been placed and fully paid.

4.10 - Expiration

In the event that a domain name is not renewed by its expiry date it shall cease to operate and shall be deemed to be expired. A registered Domain shall expire if we are unable to take payment via the method provided, or where you have set the Domain to expire or fail to manually renew the Domain before the renewal date.

4.11 - Grace Period

Following the expiry date a domain may enter a grace and/or redemption period. In this situation you acknowledge that we may at our discretion, within three calendar days after the date of expiration of a Domain renew the Domain; or, park the Domain on different name servers from those set by you. Domains from registries which do not allow for a grace and/or redemption period may be unrecoverable by us following the expiry date, in which case our agreement will terminate immediately and without liability to us. Further, we are under no duty to attempt to recover such Domain.

4.12 - Redemption

Provided that the relevant registry for the Domain allows a grace period, you acknowledge that you have the length of their grace period (for example, 30 days) following the expiry of the Domain (‘the Grace Period’) to contact us to retrieve and renew the Domain provided that you pay for said renewal in full and in cleared funds. On receipt of the renewal fee by us within the Grace Period, you will retain ownership of the Domain and as soon as reasonably practicable we shall restore the Domain to your control panel.

4.13 - Expired Domain Actions

You acknowledge that following the end of the Grace Period we may at our sole discretion carry out the following actions:

Auction the Domain
Change the contact details
Transfer the Domain

If we do not receive the renewal fee within the Grace Period then our Agreement for that Domain will terminate immediately and without liability to us. Provided that the relevant registry of the Domain allows for a redemption period, if we receive a request from you to renew the Domain after the end of the Grace Period (‘the Redemption Period’), you agree to pay the applicable redemption fee(s) plus the renewal fee(s) for the Domain(s). You acknowledge and agree that we are not obliged to take any action to renew or recover a Domain in the Redemption Period and will only make such attempts once the you have paid both the redemption and renewal fees. We make no guarantee that attempted renewals will be successful.

4.14 - Registration Agreement

You agree to the terms of the applicable domain name registration agreement (as amended from time to time): nominet.uk – for .uk domains and icann.org for .com, .net, .org, .info. biz domains.

Shared and Reseller Hosting

5.1 - Intended Use

Unless explicitly stated to the contrary our services are intended to be used for the purposes of hosting websites and email. Batch processing, video encoding/transcoding, webcrawling/spidering, archiving and online backup systems and any system for purposes other than hosting a website are not permitted on our reseller hosting servers. We reserve the right to take proactive action to maintain the stability of our systems for all clients.

5.2 - ‘Unmetered’ and ‘Unlimited’ Allowances

Any ‘Unmetered’ and ‘Unlimited’ allowances are subject to fair use and any customer using an amount of monthly transfer, email accounts, addon domains, databases or system resources deemed excessive in comparison to the average usage by other customers on our platform may, at our discretion, be forced to improve website efficiency.

5.3 - Inadequate for Requirements

If we feel that the service selected or purchased by you does not meet your service needs we will inform you of this and advise you of the appropriate service for your needs. We are under no obligation to continue to provide hosting services that are inadequate or unsuitable for your needs. Refusal to cooperate with an account move request may result in account suspension and/or termination.

5.4 - Free Migrations

We offer a free migration service to help move your account(s) from your previous provider to SimpleSonic. This is a best-effort service. You acknowledge that you are the party most familiar with your website and we cannot know the intricacies of all the websites we host. We will take reasonable care to move your site files and data but it is your responsibility to give us suitable access to retrieve the data and to check that the site has been migrated successfully. We aim to migrate websites within 72 hours, though we do not guarantee any particular time frame for the migration. In some cases we may be able to migrate emails, dns records and domain names also, but we do not warrant that we can move them successfully, or without interruption.

5.5 - Hosting Environment Changes

We reserve the right to change the hosting environment your website runs in. These changes will be made on a “like for like” basis and will not affect your use of the hosting environment. The only circumstances where material changes will be made to your website hosting environment will be to provide you with an ‘upgrade’. You will be informed in writing of any changes that we make to the hosting environment.

5.6 - Server Location

We offer a choice of server locations and reserve the right to make substitutions when necessary. It may be that your desired location is not available, or your existing location is changed or shutdown. We may also at our discretion move your account to an equivalent location or provider on an as-needed basis.

5.7 - Data Transfer Usage

Data Transfer (also referred to as bandwidth) with all SimpleSonic services is considered unmetered and fair use and common sense applies. No client shall be permitted to use what is considered to be excessive transfer usage in our shared or reseller hosting environments.

5.8 - DDoS Attacks

Since DDoS attack methods change and new methods of attacks occur without notice, we make no guarantees to be able to defend each and every attack on website from a denial of service attack we receive. If you think you may be a DDoS target we recommend purchasing a paid DDoS mitigation service (not a free plan) from a 3rd party such as Cloudflare.

5.9 - Server Uptime

We endeavour to provide a 99.9% service uptime, excluding planned or emergency server maintenance or conditions beyond our reasonable control. All customers will be notified of planned maintenance as far as possible in advance through our status page. In the event of a problem with your server, we shall ensure that a qualified engineer will be dealing with the problem within 30 minutes of being notified. In the rare event that your problem cannot be resolved within 30 minutes you will be notified. When notifying you we will provide you with the details of the problem along with an estimation of when the issue will be resolved. Notification may be via one of your contact methods or via our public status page (https://www.simplesonic.com/members/serverstatus.php or https://status.simplesonic.com).

5.10 - Uptime Guarantee

While we constantly strive to provide 100% uptime, there are times where certain hardware and other failures can cause unavoidable outages and downtime. During such times, we will issue those affected a 25% downtime account credit upon request. Where 25% represents 25% of the monthly amount of the hosting plan of the affected client.

5.11 - Daily Backups

We take full account backups of your websites and store them offsite, usually in the same geographic region (but not necessarily the same country) as your live server for the best performance. If you have data residency requirements please contact us to arrange a bespoke solution. We may exclude files we consider non-fundamental to the operation of your website, e.g. error logs, cpanel backups, cache files. Backups are a best effort service and we do not warrant that they are complete or regular. It is your responsibility to keep backups of your own website and/or accounts.

5.12 - Service Disruptions

We are not responsible for disruption to the services outside our control. We endeavour to choose providers that offer an extremely high level of performance and uptime but if our supply of the services is disrupted by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the disruption. This may be via our status page at https://status.simplesonic.com. We will not be liable for disruption caused by the event. We will not be responsible for network or hardware issues upstream of us. E.g. if our data center providers have an issue outside of normal operating issues, we will not be responsible for their problems or include this within our 100% uptime calculation.

5.13 - Free Clientexec

We offer a free Clientexec license to use with your SimpleSonic account. Unused/inactive licenses not assigned to a valid domain will be cancelled at our discretion. If the account is cancelled/closed prior to the initial renewal date, we reserve the right to invoice you for the Clientexec license usage. As a license reseller for Clientexec, any pricing increases from Clientexec are outside our control. Therefore our free Clientexec license offering may be changed or discontinued at our discretion. The Clientexec licenses we provide must be used on our servers/network. Using the Clientexec licenses we provide on remote servers/networks is a violation of our licensing agreement and may result in immediate cancellation of your Clientexec license. Limit 1 free Clientexec license per client.

Providing these services

6.1 - Service Pricing

The costs of the services will be as displayed to you on our website: https://www.simplesonic.com

6.2 - Length of Service

We will supply the services to you until the subscription expires, you end the contract, or we end the contract by written notice to you.

6.3 - Proper Contact Information

We will need certain information from you so that we can supply the services to you as stated in the sign up section for the services one our website. We may contact you to ask for further information, such as government issued identification or to check the information you have provided to us. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.We will not be responsible for any delay in supplying the services or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.4 - Suspending or Disabling Services

Reasons we may have to suspend or disable the supply of a service to you:

Deal with technical problems or make minor technical changes
Update the product to reflect changes in relevant laws and regulatory requirements
Make changes to the product as requested by you or notified by us to you
When required by law
Where we believe that you are in breach of any material term of this Agreement
To resolve any third-party claims or actions
To avoid financial loss or legal liability

6.4 - Your Rights for Suspended or Disabled Services

We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 24 hours in any 7 day period we will adjust the price so that you do not pay for products while they are suspended, save where the suspension is as a result of your breach of this Agreement. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 120 hours and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract save where the suspension is as a result of your breach of this Agreement. We may also suspend supply of the service if you do not pay. If you do not pay us for the products when you are supposed to, we may suspend the supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. As well as suspending the services we can also charge you interest on your overdue payments. Once payment has been made in accordance with these terms, we will use reasonable endeavours to ensure that the service is restored to you within 24 hours. We will not be responsible for the cost of keeping your service running if you fail to pay your invoices.

Acceptable Usage Policy

8.1 - System Resource Usage

The system resource limits we set for each hosting plan are meant to allow accounts the ability to burst to those limits for short periods in order to allow accounts to handle sudden bursts in traffic, cron jobs, plugin or theme updates or installation, etc. No particular account shall use more than 25% of its hosting plan's system resource limit consistently for longer than 1 hour at a time. System resources consist of: CPU, Memory and Disk I/O operations. Any account using more than 25% of the assigned hosting plan limit consistently will receive a warning and an opportunity to decrease their usage or upgrade their account within 24 hours. Accounts where the usage has not decreased in the alloted time or have not been upgraded to a more appropriate plan will be subject to account suspension and/or termination. In situations where the system resource abuse is so severe it is negatively affecting other clients on the server, the account may be suspended without prior notification or warning.

Resellers: LVE limits for each account owned by resellers should have a reasonable limit assigned, and no single account's CPU LVE limit should be set to and/or exceed more than 25% of the overall assigned maximum limit of the reseller account.

8.2 - Account Usage

Web usage includes the use of web space provided with client accounts, web hosting on our servers and the use of web services and space on dedicated servers. We do not monitor content on any web space maintained by customers. We bear no responsibility for the content of your website.

8.3 - Content Permission

It is your sole responsibility to ensure that the content and materials on any website owned or operated by you or your clients contains material that you have created or have permission to use.

8.4 - Content Idemnification

It is your sole responsibility to resolve any dispute involving Copyright or Intellectual Property Rights associated with your website or web service. You agree to indemnify SimpleSonic against all costs,including legal costs, of defending any claim against us from any third party regarding your use of copyright or intellectual property rights in relation to any claims made against you or us Worldwide.

8.5 - Illegal Distribution

You must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation) in either the USA or any other jurisdiction in which your website or web service is operational. You should be aware that the internet is a global communications network and what may be legal in the USA may be illegal elsewhere and leave you liable to prosecution in another country.

8.6 - Adult Content

Legal adult content as defined by USA law is allowed on our servers however you must inform us in advance. If you intend to upload adult content of any type onto your website or web service you must contact us prior to placing any order. We reserve the right to decline to offer our services at our absolute discretion.

8.7 - Content Investigation

We reserve the right to undertake investigation of content services if potential abuse is brought to our attention and to remove any web page on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination.

8.8 - Content Responsibility

Customers are responsible for all scripts, data and other objects on their accounts as well as their customers accounts. Abusive scripts are scripts which interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity. Any account found to be the source of abusive scripts will be immediately suspended and investigated, and subject to action as detailed under Illegal Content below. We will, where necessary, fully cooperate with the authorities.

8.9 - Uploading Abusive Content

You agree to refrain from uploading to your hosting service, sending or receiving any materials which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force in USA, in the server location where you have chosen to host your site, or in the jurisdiction of the network provider who provides the underlying network infrastructure (see Appendix A). It is the user’s sole responsibility to ensure this. Storage, distribution of or transmission of illegal materials may lead to investigation and possible prosecution by the relevant authorities.

8.10 - Unauthorized Access

You must not gain or attempt to gain unauthorised access to any computer systems for any purpose. Such action may lead to criminal prosecution under the Computer Misuse Act

8.11 - Remote System Abuse

You must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans and ping storms)

8.12 - Open Relays

You must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as ‘spam’)

8.13 - Port Scanning

You are prohibited from running ‘port scanning’ or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. We may ask for evidence of such permission

8.14 - Securing Passwords

You must take all reasonable steps to ensure that your password and login credentials remain confidential.

8.15 - Copyrighted Material

You agree to refrain from sending or receiving any material which may be in breach of copyright(including Intellectual Property Rights), confidence, privacy or other rights. All sites must conform to recognised international copyright law. If you are in any doubt as to the legality of what you are doing, or propose to do, you should take independent legal advice.

8.16 - Proxy Servers

Proxy servers are not permitted under any circumstances and will result in immediate termination of service.

8.17 - Hateful Material

Sites must not contain ‘hateful’ material or content which seeks to incite hate.

8.18 - Illegal Adult Content

Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful. This includes but is not limited to, child pornography.

8.19 - Warez

Sites must not contain ‘warez’, nulled content, copyrighted music/videos or links to such content. It is your sole responsibility of the user to ensure that they have the rights to distribute any content displayed on their website.

8.20 - Domain Copyrights and Trademarks

You are responsible for ensuring that the registration of a domain name and the manner in which it is to be used, either directly or indirectly; will not infringe any third party rights, including third party intellectual property rights; is not being made in bad faith or could otherwise be considered to be an abusive registration under the dispute resolution procedures or policies of any relevant registry or of ICANN; and will at no time be used for an unlawful purpose whatsoever. You accept and consent to us making your registration details in relation to your Domain available to third parties including ICANN and the applicable registry for the Domain as applicable including to law enforcement and governmental bodies as required by law. In the event that we receive a complaint in regards to trademark / brand infringement, we have the right to place a Domain on hold. We shall take this action if in receipt of a decision from a Domain Dispute Resolution and/or a settlement agreement between the parties concerned. Any renewal payments must be paid to us by you.

8.21 - Regulation of Investigatory Powers Act

We undertake to take any action required under the provisions of the Regulation of Investigatory Powers Act and will fully cooperate with the appropriate USA authorities.

8.22 - DMCA Complaints

We honor any valid DMCA takedown request and will fully cooperate with the appropriate USA authorities.

8.23 - HYIP and PPC

HYIP (High-Yield Investment Programs) and PPC (Pay-Per-Click) sites are often targeted by fraud, phishing attacks, excessive traffic, and automated bot activity, which pose risks to our entire hosting network and are therefore not allowed on our servers.

8.24 - MySQL Resource Usage

In our shared hosting environments, MySQL database size is limited to 5GB each. Databases should contain no more than 1 million total rows. Accounts using a consistently high amount of MySQL system resources (CPU, RAM, I/O) will be issued a warning and ultimately suspended/terminated if the usage does not decrease.

Acceptable Email Usage

9.1 - SMTP Usage

We provide the ability to send e-mail using SMTP. This is designed for day-to-day communication needs. All outbound mail is scanned by a cloud-based spam filtering system.

9.2 - Zero-Tolerance Policy

We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is prohibited at all times. Customers who abuse the email service will be notified that their behavior is unacceptable and may have their accounts suspended, terminated and no refunds given.

By purchasing the services you agree to the following:

Not to send emails that might cause annoyance, inconvenience or anxiety to a recipient
Not to send any emails likely to cause distress or any material which is offensive, indecent,obscene, menacing or in any way unlawful
To have a clear opt out policy in all newsletter communications
Not to use our mail services or network to send email to any user who does not wish to receive it
Not to use our mail services or network to send unsolicited email, in bulk (commonly known as‘spam’) or individually
Not to use our mail services or network with intent to deprive others of service (‘mail bomb’)
Not to use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender
Not to use any email address that you are not authorised to use
To ensure that any email servers connected to our network and operated by you are not configured to allow ‘open relay’
To take full responsibility for your own email reputation
Not to take any action that would put you or us in breach of obligations under the General Data Protection Regulations or Data Protection Act 2018.

Your rights when it comes to ending our contract

10.1 - Ending Your Service

You may terminate your contract with us by cancelling the service in advance of the renewal date (before 10:00pm EST on the day before renewal is due). To properly cancel your service with us, please log into https://simplesonic.com/members/clientarea.php, view the product, and then raise a cancellation request. Please fill out the reason for the cancellation. Any unpaid usage will be billed to you prior to the cancellation of your services.

10.2 - Refund Eligibility

Refunds for eligible services can be requested within 30 days of the original order date. Add-on services, domain registration/transfer fees, product licenses, dedicated servers, VPS servers, etc., are not eligible for refunds of any kind. Any/all payment gateway fees will be deducted from the refund amount. Any/all payments made using Cryptocurrency are non-refundable.

10.3 - Faulty Services

If the services you have paid for are faulty or misdescribed you may have a legal right to end the contract or to get the service re-performed. You must inform us in writing of the reasons why you say that the services are either faulty or misdescribed.

10.4 - Inappropriate or Illegal Activity

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 suspended immediately. Failure to remove the offending content will result in your account being terminated and no refunds will apply.

Our rights when it comes to ending our contract

11.1 - Ending Contract

We may end the contract if you break it . We may end the contract at any time by writing to you if:

You do not make any payment to us when it is due
You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services
You must compensate us if you break the contract. If we end the contract, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 30 days in advance of our stopping the supply of the services.