Terms of Service

This agreement between you, the Customer (“Customer”) and SimpleVPS Hosting (“SimpleVPS”) defines the Terms of Service for the use of SimpleVPS’s services. This agreement is effective when the Customer signs up for services in any of SimpleVPS’s websites (including, but not limited to SimpleVPS.eu) and will remain in effect for as long as Client is using SimpleVPS’s servers and/or services. This agreement may be revised by SimpleVPS at any time, without prior notice. However, SimpleVPS will try to inform its Customers of any major changes.

Acceptance/Rejection of Services
SimpleVPS may, at its sole discretion, deny, suspend or terminate Customer’s services when it feels that it’s not in its best interest to provide services to a certain Customer based on previous business history with that Customer.

Account Cancellation
You may cancel your account at any time by using our billing panel, and selecting the Request Cancellation option.
We will not give any refunds when the Customer cancels his/her account. Some services may require a cancelation period of at least 31 days.

Payment
SimpleVPS will invoice the Customer 15 days before the account’s due date and the Customer is required to pay each invoice on or before its due date. If the payment has not been made, SimpleVPS may suspend the Customer’s account on the day following the due date. SimpleVPS may also terminate the Customer’s account if outstanding invoices have not been paid 5 days after their due date.
The Customer is required to pay for the services as well as any applicable setup fees upon ordering.

Chargebacks, Claims and Disputes
The Customer agrees that disputes or chargebacks issued by the Customer’s credit card provider or Payment Gateway are subjected to a non-refundable fee of € 35 (thirty five euros) by SimpleVPS. The Customer agrees to pay this fee within eight days. The Customer shall be liable for any costs associated with such collection, including, but not limited to, legal costs, attorneys' fees, court costs and collection agency fees.

IP Address Ownership
SimpleVPS shall maintain control and ownership of all IP numbers and addresses that may be assigned to the Customer by SimpleVPS. SimpleVPS reserves, in its sole discretion, the right to change or remove any and all such IP addresses.

Unsolicited Email Messages – SPAM
If a Customer is found to be in violation of our SPAM policy as defined on our Acceptable Use Policy, the Customer will be required to pay a € 20 (twenty euro) non-refundable fee plus any costs that may arise from such violation such as removal from SPAM blacklists and disruption of service.

99% Uptime Service Level Agreement

Coverage - This 99% uptime guarantee applies to any Customer in good financial standing with SimpleVPS at the time of a service outage.

Service Level Agreement and Specifications – SimpleVPS endeavors to have the customer's Virtual Server accessible by any party in the world at least 99% of the time during a given month. Network downtime is defined as 100% packet loss from SimpleVPS’s servers to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Host Department's online ticketing system. If the ticketing system itself is unreachable, the ticket may be opened after it is available again.

VPS Hosting Services - In the event that the Customer’s server is unavailable more than 1% of the time in a month, SimpleVPS will credit the following month's service fee as follows. Your credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.

Monthly Uptime Credit:
95% to 98.9% - The Customer’s account will be credited 10% of the monthly hosting fee
90% to 94.9% - The Customer’s account will be credited 20% of the monthly hosting fee
89.9% or below - The Customer’s account will be credited 50% of the monthly hosting fee

Credit shall not be provided to the Customer in the event that you have any outage resulting from: scheduled maintenance, your own behavior or failure of your own equipment or circumstances beyond SimpleVPS’s control such as a war or natural disaster.

Data Loss
SimpleVPS is not liable for any data loss that might occur due to any reason including unauthorized access, hardware failure or misuse.

Privacy Policy
SimpleVPS will not disclose any of the Customer’s private information to third parties unless required to do so by a court of law or law enforcement agency.

Limitation of Liability
SimpleVPS SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, THE WEB SITE OR CLIENT'S DATA FILES, PROGRAMS OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. SimpleVPS SHALL HAVE NO LIABILITY WITH RESPECT TO SimpleVPS's OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF SimpleVPS TO THE Customer FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO SimpleVPS BY THE Customer UNDER THIS AGREEMENT DURING THE ONE MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.

Acceptable Use Policy

By using our services, you agree to comply with our policies and all laws and regulations applicable in the German Federal Republic. Please use common sense when choosing whether to host certain content on our networks, we reserve the right to remove content which we deem overly offensive even if it does not otherwise violate this AUP.

Interpretation
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited.
SimpleVPS reserves the right at all times to prohibit activities that damage its reputation and goodwill.

Illegal Use
SimpleVPS’s services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited.

System and Network Security
Violations of system or network security such as mail bombing, flooding, port scanning and brute force attacks are prohibited, and may result in criminal and civil liability.
SimpleVPS does not tolerate Denial of Service Attacks. SimpleVPS reserves the right to terminate any server which has been the source or target of a Denial of Service or similar attack.
No SimpleVPS servers or networks may be used for:
- Email spamming
- Warez, Hacking or Serial Number sharing websites
- Any services that make use of the BitTorrent protocols
- IRC servers, clients, bots and bouncers
- Illegal content or activities
- Using system resources heavily for extended periods of time in a way that affects other users
- Any other type of high packet load or disruptive network traffic
- Command and control servers for any kind of malware

Please contact us if you’re not sure whether something is allowed or not.

Spamming
Direct or indirect transmission of unsolicited Email messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited.

Violations
When notified about a possible violation of this AUP or of any laws applicable in the Federal Republic of Germany SimpleVPS will initiate an investigation to verify if a violation has actually occurred.
If a violation is found, SimpleVPS may, at its sole discretion, suspend or terminate the Client’s services, notifying the Client of the action taken.

Abuse Reports
Abuse reports should be sent to the following e-mail address, replacing |at| with the @ symbol: abuse|at|SimpleVPS.eu
All abuse reports should include the following information: date and time at which the violation occurred, IP address and domain name(where applicable) of the website and/or server, description of the violation, proof of violation and contact information.