Terms of Service

Revised 3 July 2012

All services provided by SimpleNode may

be used for lawful purposes only. Transmission, storage or presentation

of any information, data or material in violation of any United States

federal, state or city law is prohibited. This includes, but is not limited

to: copyrighted material, material we judge to be threatening or obscene,

or material protected by trade secret and other statute. The subscriber

agrees to indemnify and hold harmless SimpleNode from any claims resulting

from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content

that may be damaging to SimpleNode' servers, or any other server on

the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  1. Pirated software
  2. Hacker programs or archives
  3. Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER

ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE OR REFUND,

AND A CANCELLATION FEE MAY APPLY. ADDITIONALLY, SimpleNode

WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage

We will not restrict the physical connection speed to your server below that of the server’s port, however it must be noted that this connection is shared with other customers and the speeds may fluctuate depending on the load on the network. SimpleNode cannot be held responsible for these speed fluctuations and we will not provide a refund of any form if you believe that your connection is slower than advertised. If you have concerns over your speed SimpleNode may open an investigation into the issue but SimpleNode reserves the right to make this decision solely. In the event of a (D)DoS attack, SimpleNode reserves the right to temporarily disconnect your server’s connection so that it does not affect the network performance of our other customers on the same node (“Host Server”). Bandwidth per server is limited to the advertised amount plus any additional bandwidth purchased from SimpleNode (Whether that be through automated purchase or by contacting SimpleNode though the ticketing system). If you exceed this, we will investigate your bandwidth usage accordingly, and may require you to purchase more bandwidth permanently (through an “addon”) or for a specified amount of time.

IRC

Legal use of IRC is allowed on our network. IRC may not be used on our network when the intentions are malicious or illegal, e.g. for controlling a bot net or other illegal activity.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of SimpleNode

is strictly prohibited. As our customer you are responsible for all your

accounts. Should you violate the Terms of Services outlined within, your

account will be cancelled without chance of refund.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole

discretion.

All sub-networks, distributive hosting sites and dedicated servers of

SimpleNode must adhere to the above policies, with the exception of

system resources in respect to dedicated servers.

Billing

By the Account Activation Date of each month, SimpleNode shall either:

(1) debit the client's credit card (when such information has been provided

by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with

the applicable Service Fees for services rendered for the current month.

When an invoice is delivered to the client, payment shall be remitted

to SimpleNode by no later than the specified payment due date. SimpleNode

shall be entitled to immediately terminate this agreement for client's

failure to make timely payments. You will be provided with an invoice

on a monthly basis. All credit cards are billed automatically on a monthly

basis. It is the client's responsibility to ensure that they have sufficient

credit to cover this transaction. In the event that there is insufficient

credit, we will send an e-mail notification, at which point we will need

to be provided with another credit card account number within 24 hours.

If we do not receive a response within 24 hours, the account, and all

accounts under that account plan, will be suspended.

Service Fees

Certain services carry a setup fee charged by SimpleNode to

client, which must be paid by client in order to have use of said services.

If client terminates this agreement, client shall be responsible for any

and all outstanding fees owed to SimpleNode and agrees to pay

any and all fees incurred by client. Because the services are provided

on a monthly basis, the client will be responsible for service fees incurred

each month, regardless of when client provides notice of termination.

Thus, for example, if the client provides notice of termination on the

15th day of a particular month, the client will be responsible for service

fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy

We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges or overage charges. In case of AUP violations, any and all refunds are forfeit.

Account Deactivations

Any account deactivated due to non-payment may require a reactivation

fee prior to reactivation.

Cancellation Refunds

We DO NOT refund partial monthly fees to accounts. We require 30 days

notice for a cancellation.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole

discretion.

Limitation of Liability

SimpleNode shall not be responsible for any claimed damages, including

incidental and consequential damages, which may arise from SimpleNode

' servers going off-line or being unavailable for any reason whatsoever.

Furthermore, SimpleNode shall not be responsible for any claimed damages,

including incidental or consequential damages, resulting from the corruption

or deletion of any files from one of SimpleNode ' servers. All

damages shall be limited to the immediate termination of service.

Violations

Violations of these Acceptable Use Policies should be referred to admin@simpleno.de.

All complaints will be investigated promptly. Failure to follow any term

or condition will be grounds for immediate account deactivation.

Disclaimer

SimpleNode cannot be held liable for system down time, crashes or

data loss. We cannot be held liable for any predicated estimate of profits

which a client would have gained if their server was functioning. Certain

services provided by SimpleNode are resold. Thus, certain equipment,

routing, software and programming used by SimpleNode are not directly

owned or written by SimpleNode. Moreover, SimpleNode holds no

responsibility for the use of our clients' accounts. Failure to comply

with any terms or conditions will result in the automatic deactivation

of the account in question. We reserve the right to remove any account,

without advance notice for any reason without restitution, as SimpleNode

sees fit.

Account Activation

By activating your account with SimpleNode, you agree to the above

policies and disclaimer. Upon requesting activation of an account, you

are required to accept these policies, guidelines and disclaimer, and

a copy of your acceptance is forwarded along with your activation request

to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply

with these terms, no refunds will be given. We will, however, advise you

by e-mail or phone prior to taking any action to provide you with an opportunity

to correct the problem.

Server Uptime Guarantee

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

SimpleNode reserves the right to amend any or all of the policies,

guidelines and disclaimer in this document without notification. We also retain the right

to increase any pricing and make changes to our account plans without

notification. In the case if a change to any of these policies, SimpleNode will send out an email informing users of this change. If you do not reply to that email detailing you do not accept it, it is assumed you have accepted these new terms of service.

Acceptable Use Policy

Revision date: 3 July 2012

As a provider of internet hosting and other Internet-related services,

SimpleNode offers its customer (also known as "Subscribers")

and their customers and users the means to acquire and disseminate a wealth

of public, private, commercial and non-commercial information. SimpleNode

respects that the Internet provides a forum for free and open discussion

and dissemination of information. However, when there are competing interests

at issue, SimpleNode reserves the right to take certain preventive

or corrective actions. In order to protect these competing interests,

SimpleNode has developed an Acceptable Use Policy ("AUP"),

which supplements and explains certain terms of each customer's respective

service agreement, and is intended as a guide to the customer's rights

and obligations when using SimpleNode' services. This AUP will be revised

from time to time.

One important aspect of the Internet is that no one party owns or controls

it. This fact accounts for much of the Internet's openness and value,

but it also places a high premium on the judgment and responsibility of

those who use it, both in the information they acquire and in the information

they disseminate to others. When subscribers obtain information through

the Internet, they must keep in mind that SimpleNode cannot monitor,

verify, warrant or vouch for the accuracy and quality of the information

they acquire. For this reason, the subscriber must exercise his or her

best judgment in relying on information obtained from the Internet, and

also should be aware that some material posted to the Internet may be

sexually explicit or otherwise offensive. Because SimpleNode cannot

monitor or censor the Internet, and will not attempt to do so, SimpleNode

cannot accept any responsibility for injury to its subscribers resulting

from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must

keep in mind that SimpleNode does not review, edit, censor or take

responsibility for any information its subscribers may create. When users

place information on the Internet, they have the same liability as other

authors for copyright infringement, defamation and other harmful speech.

Also, because the information created is carried over SimpleNode'

network and may reach a large number of people, including both subscribers

and non-subscribers of SimpleNode, subscribers' postings to the Internet

may affect other subscribers and may affect SimpleNode' goodwill,

business, reputation or operations. For these reasons, subscribers violate

SimpleNode policy and the Service Agreement when they, their customers,

affiliates or subsidiaries engage in the following prohibited activities:

Spamming:

Sending unsolicited bulk and/or commercial information over the Internet.

It is not only harmful because of its negative impact on consumer attitudes

toward SimpleNode, but also because it can overload SimpleNode'

network and disrupt service to SimpleNode' subscribers. Also,

maintaining an open SMTP relay is prohibited. When a complaint is received,

SimpleNode will investigate and shutdown the account that is

Spamming. A $250 charge for violating this policy will be charged to the

person initiating the SPAM. Furthermore SimpleNode reserves

the right to prosecute for this violation. A $1.00 charge will be assessed

PER EMAIL sent should SimpleNode choose to pursue and prosecute.

Adult-Oriented Content:

SimpleNode does not allow adult content and will suspend/terminate

any offending account.

Obscene Speech or Materials:

Using SimpleNode' network to advertise, transmit, store, post, display,

or otherwise make available child pornography, obscene speech or material

is prohibited. SimpleNode is required by law to notify law enforcement

agencies when it becomes aware of the presence of child pornography on

or being transmitted through its network.

Defamatory or Abusive Language:

Using SimpleNode' network as a means to transmit or post negative,

defamatory, harassing, abusive or threatening language.

Forging of Headers:

Forging or misrepresenting message headers, whether in whole

or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:

Accessing, illegally or without authorization, computers, accounts or

networks belonging to another party, or attempting to penetrate security

measures of another individual's system.

Also, any activity that may be used as a precursor to an attempted system

penetration (i.e., port scan, stealth scan or other information-gathering

activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other

Destructive Activities:

Distributing information regarding the creation of and sending Internet

viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial

of service attacks. Also, activities that disrupt the use of or interfere

with the ability of others to effectively use the network or any connected

network, system, service or equipment.

Facilitation a Violation of this AUP:

Advertising, transmitting or otherwise making available any software,

program, product or service that is designed to violate this AUP, which

includes the facilitation of the means to spam, initiation of pinging,

flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:

Exporting encryption software over the Internet or otherwise, to points

outside the United States.

Other Illegal Activities:

Engaging in activities that are determined to be illegal, including, but

not limited to, advertising, transmitting or otherwise making available

ponzi schemes, pyramid schemes, fraudulently charging credit cards and

pirating software.

Other Activities:

Engaging in activities, whether lawful or unlawful, that SimpleNode

determines to be harmful to its subscribers, operations, reputation, goodwill

or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities

just described rests primarily with the subscriber. SimpleNode will

not, as an ordinary practice, monitor the communications of its subscribers

to ensure that they comply with SimpleNode' policy or applicable law.

However, when SimpleNode becomes aware of harmful activities, it may

take any action to stop the harmful activity, including, but not limited

to, removal of information, shutting down a web site, implementing screening

software designed to block offending transmissions, denying access to

the Internet, or any other action deemed appropriate by SimpleNode.

SimpleNode is also aware that many of its subscribers are themselves

providers of Internet services, and that information reaching SimpleNode'

facilities from those subscribers may have originated from a customer

of the subscriber or from another third party. SimpleNode does not

require its subscribers who offer Internet services to monitor or censor

transmissions or web sites created by customers of its subscribers. SimpleNode

reserves the right to directly take action against a customer of its subscribers.

Also, SimpleNode may take action against the SimpleNode' subscriber

because of activities of a customer of the subscriber, even though the

action may affect other customers of the subscriber. Similarly, SimpleNode

anticipates that subscribers who offer Internet services will cooperate

with SimpleNode in any corrective or preventive action that SimpleNode

deems necessary. Failure to cooperate with such corrective or preventive

measures is a violation of SimpleNode policy.

SimpleNode will not intentionally monitor private electronic mail

messages sent or received by its subscribers, unless required to do so

by law, governmental authority or when public safety is at stake. SimpleNode

may, however, monitor its service electronically to determine that its

facilities are operating satisfactorily. Also, SimpleNode may disclose

information, including, but not limited to, information concerning a subscriber,

a transmission made using our network, or a web site, in order to comply

with a court order, subpoena, summons, discovery request, warrant, statute,

regulation or governmental request. SimpleNode assumes not obligation

to inform the subscriber that subscriber information has been provided

and, in some cases, may be prohibited by law from giving such notice.

Finally, SimpleNode may disclose subscriber information or information

transmitted over its network where necessary to protect SimpleNode

and others from harm, or where such disclosure is necessary to the proper

operation of the system. However, SimpleNode will never sell information

to other services or outside companies.

SimpleNode expects that its subscribers who provide Internet services

to others will comply fully with all applicable laws concerning the privacy

of online communications. A subscriber's failure to comply with those

laws will violate SimpleNode policy. Finally, SimpleNode wishes

to emphasize that, in signing the Service Agreement, subscribers indemnify

SimpleNode for any violation of the Service Agreement, law or SimpleNode

policy resulting in loss to SimpleNode or the bringing of any claim

against SimpleNode by any third party. This means that, if SimpleNode

is sued because of a subscriber's or customer of a subscriber's activity,

the subscriber will be responsible for payment of any damages awarded

against SimpleNode, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet

users, including SimpleNode and its subscribers, as responsible

members of the Internet. Any complaints about a subscriber's violation

of this AUP should be sent to admin@simpleno.de.