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Simple Site Terms of Service

InfoClear Internet Consulting reserves the right to change this Policy at any time, so please, check this page frequently or when in doubt. InfoClear Internet Consulting's Policies, Guidelines, and Disclaimer are intended for all domains residing on InfoClear Internet Consulting servers. By using our Simple Site Service, you agree to comply with our policies. InfoClear Internet Consulting has a zero-tolerance policy with regard to all Unacceptable Content and Behavior and no exceptions will be made to these policies. InfoClear Internet Consulting strives to provide the best possible service to all our customers, and therefore, we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These policies are imposed to protect you, and other InfoClear Internet Consulting customers and us against such harm.

General

  1. Your account will continue to be active, and the monthly payment charged, until the account is canceled, whether or not you publish changes to the website each month.
  2. When moving from a trial account to a live account, you cannot upgrade the package type, nor can you export the trial account content
  3. There are a limited number of features that will not function without an active account.
  4. If you cancel your account, and later decide to reactivate the account there is no ability to import the original website content, due to potential incompatibility with current versions and feature sets.
  5. Additional packages may be added, then existing packages may be removed, and the functionality of particular packages may be increased or decreased with, or without a change in pricing (but price changes shall not be retroactive).
  6. InfoClear's service providers may from time to time perform maintenance on or otherwise suspend and temporarily shut down the Simple Site website builder engine. InfoClear's service providers will make commercially reasonable efforts to minimize any disruption of the Service.
  7. You will be accessing the Simple Site Website Building Service under a protected website source code model, pursuant to which you will not have access to the source code. You may request to export your website into pure HTML format for a one time fee prior to account cancellation
  8. Your subscription to Infoclear's Simple Site Service does not include telephone support.  InfoClear provides help documentation and Frequently Asked Questions (FAQs) to assist users with the software.  We do provide support via our helpdesk.  You will be assigned a helpdesk login when you register to submit support tickets to us.  You may also submit support requests to the helpdesk by emailing helpdesk@simplesite.infoclear.ca.  Any telephone support that is provided will automatically be billed at a rate of $75 an hour +GST.

Payment Policies

InfoClear Internet Consulting will accept Visa, Mastercard, Discover, AMEX, PayPal, and Check. The card that you use to activate your account will be automatically charged each month for your Simple Site Service. Billing will continue until you cancel your Simple Site account. You may cancel at any time. As a policy, we do not offer credits or refunds for time already expended. If cancellation is made by InfoClear due to a policy violation, there will be no refund. InfoClear Internet Consulting reserves the right to change prices at any time.

Prepayment for domain name registration is due each anniversary following the date the account was established. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax.

All past due accounts will be placed with collections and any additional fees will be the responsibility of the client and may be reported to the appropriate credit reporting agencies if left uncollected.

Cancellation Policy

To cancel your service, you must send your request to info@simplesite.infoclear.ca. Notification of cancellation must be received at least ten business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Client's responsibility to secure email confirmation from InfoClear that the account has been cancelled. If the Client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced.

If the account has a balance due at the time of cancellation, this balance must be paid in full before the account can be cancelled. Cancellation does not absolve the account holder of any outstanding financial obligations. Billing for the account will continue until the balance is paid in full.

If you decide to cancel, access to your Simple Site and your hosting will no longer be available immediately upon cancellation. If you want a copy of your website, you must pay the one time export fee and download the compressed HTML file from your Simple Site builder account prior to canceling your account. If you cancel your account before you download the file, you will not have access to it.

InfoClear Internet Consulting's services are independent of account usage and domain name records, and are still in effect whether the account holder's domain is pointing to InfoClear Internet Consulting's nameservers or to some other nameservers. If the account holder transfers a domain without properly notifying InfoClear Internet Consulting, they will continue to be charged/billed until the cancellation guidelines have been followed. In other words, until you have notified InfoClear Internet Consulting of your cancellation, we are still providing your account with our services and you will be billed for same. In addition, domain name registration is for the period of one year. No refunds will be issued for domain registrations as the domain remains yours to use at your discretion even if you cancel your Simple Site Service.

If you have any questions regarding this policy, please contact us at info@simplesite.infoclear.ca.

Chargebacks

If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.

If you dispute the credit card charge that we charge for our services, we reserve the right to suspend your account as soon as we are informed of it. Undeserved chargebacks for services received are considered theft and it hurts businesses and raises prices for consumers.

Please do not request chargebacks until you have spoken with our billing department. There is a $50.00 fee for chargebacks. Any chargeback fees, past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts WILL be reported to all available credit reporting agencies and Host Abuse.

Indemnification Policy

You agree to use all InfoClear services and facilities at your own risk. InfoClear Internet Consulting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall InfoClear Internet Consulting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold InfoClear Internet Consulting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against InfoClear Internet Consulting, its agents, its customers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless InfoClear Internet Consulting against liabilities arising out of:

1. any injury to person or property caused by any products sold or otherwise distributed in connection with a InfoClear Internet Consulting account;
2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright infringement and
4. any defective products sold to customer from an InfoClear Internet Consulting server.

InfoClear Internet Consulting will be the sole arbitrator of what violates this Policy.

Email Policy

InfoClear Internet Consulting may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 30 email addresses or more than 10 news groups. Client is responsible for keeping email storage on hosting account below 10 MB. This is normal for most accounts since email is typically downloaded from the server on a regular basis using an email client such as Outlook, Outlook Express or Eudora.

Spam Policy

InfoClear Internet Consulting is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the InfoClear Internet Consulting network, by customers or any other users of the InfoClear Internet Consulting network; AND/OR over ANY network--if the message sent advertises or mentions a site hosted on the InfoClear Internet Consulting server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an InfoClear Internet Consulting email address or web site URL is prohibited. The use of InfoClear Internet Consulting servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam will be billed a "clean up" fee of a maximum of $1000.

Content and Use of Services

InfoClear Internet Consulting's Simple Site services may be used for lawful purposes only. Transmission, distribution or storage of any material in violation of any applicable laws or regulations are prohibited. Linking to illegal material is also prohibited.

Examples of illegality, unacceptable content, links and behaviors include but are not limited to:

  • Pirated software, pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators)
  • Hacker programs or archives
  • Warez sites
  • Pornography and sex-related merchandising; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person
  • Schemes to defraud
  • Threatening bodily harm or damage to individuals or groups
  • Violating U.S. export restrictions
  • Stalking
  • Spamming - (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups)
  • Spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message
  • Trolling (posting controversial messages in newsgroups to generate responses)
  • Mailbombing (inundating a user with email without any serious intent to correspond)
  • Subscribing someone else to an electronic mailing list without that person's permission
  • Distribution of mass emailing programs
  • Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network
  • Attempt to circumvent any user authentication or security of host, network, or account
  • Accessing data not intended for user
  • Probing the security of any network
  • Promulgation of viruses
  • IRC bots such as eggdrop or BitchX
  • Or violating other state or federal laws, including the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act.


In addition, you agree not to interfere with or disrupt the service on any networks connected to the service; take any action that imposes an unreasonable or disproportionately large load on the infrastructure providing the Service; or to modify, decompile, reverse engineer disassemble or reproduce any of the licensed or owned software, systems, applications or components used in providing the Service.

InfoClear Internet Consulting does not host sites of its competitors or web pages promoting sites of its competitors.

Any violation of these policies may result in immediate account termination or suspension without prior notification and without any refunds. Any client who violates our policies will be held responsible for any and all damages to InfoClear Internet Consulting and may be charged a fee for any necessary repairs or clean ups. InfoClear Internet Consulting will be the sole arbiter as to what constitutes a violation of this provision.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to InfoClear Internet Consulting or any other Internet servers will result in immediate account deactivation without prior notice. No refund will be given in this case.

Traffic/Bandwidth/Data Transfer

You will be charged for all transfer that you use beyond our data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel, and you can have us notify you you when you are nearing your limit by going to Account Management in your Control Panel and setting up notification.

Backups

Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content any information. The "Archive Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of InfoClear Internet Consulting, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, InfoClear Internet Consulting will attempt to recover the data from the most recent archive for a $100.00 fee.

Account Ownership

InfoClear Internet Consulting is only responsible to the present owner of the website. We verify ownership by credit card number, name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site. Once the Web site is published to our servers the account owner has retained ownership of that content.

Limitation of Liability

InfoClear Internet Consulting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from InfoClear Internet Consulting's servers going off-line or being unavailable for any reason whatsoever. Further, InfoClear Internet Consulting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of InfoClear Internet Consulting’s servers. All damages shall be limited to the immediate termination of service.
  • InfoClear Internet Consulting shall be the sole arbiter of what is and is not a violation of these acceptable use policies.
  • InfoClear Internet Consulting reserves the right to terminate an account at any time and for any reason that causes harm to any InfoClear Internet Consulting customer's web sites. InfoClear Internet Consulting reserves the right to delete all content and files upon termination.
  • InfoClear Internet Consulting reserves the right to withhold any prepaid funds for any site removed for violations of these policies.
  • InfoClear Internet Consulting reserves the right to refuse, cancel, or suspend service at our sole discretion.

InfoClear Internet Consulting reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent. Violations of these Policies should be referred to abuse@simplesite.infoclear.ca All complaints will be investigated promptly.

 

ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.