1. Services Provision
Server Space & Bandwidth: The Provider (Simple Is Good Inc) commits to furnishing ample server space and bandwidth to accommodate the Client's web-facing content, ensuring optimal performance and accessibility.
Nightly Backups: As part of our resilience strategy, nightly backups are routinely conducted to safeguard data integrity.
Comprehensive Security Measures: Our suite includes firewalling, DoS and DDoS protection, malware protection, uptime monitoring, mitigation against bot attacks, spam-relay protection, IP reputation management, Brute-Force prevention and other safeguards. However, the Provider does not guarantee absolute immunity from online threats and implements these measures on a best-practices and best-effort basis.
2. Client Responsibilities
Content Legality: The Client ensures all hosted content abides by legal standards, does not infringe upon copyrights, and adheres to industry-standard policies against spamming, responsible bulk marketing, and other messaging.
Content Monitoring: The Provider reserves the right to inspect, monitor, and, if deemed necessary, remove content that contradicts this agreement, legal requisites, or is deemed hazardous.
3. Liability Disclaimers
General Limitation: The Provider shall not be liable for any special, indirect, incidental, or consequential damages, including but not limited to, loss of profits, data, or business opportunity, arising out of or in connection with the services provided.
Service Downtime: In the rare instances of service downtime, the Client’s exclusive remedy will be receiving hosting credits for subsequent service terms. No monetary compensation shall be deemed applicable.
Security Breaches: While the Provider undertakes significant measures to secure web hosting services, the absent guarantee of absolute security necessitates a limitation of liability for damages arising from cybersecurity breaches, loss of data, unauthorized access to the Client’s content, or any other security incidents.
Content Liability: The Client acknowledges that the Provider is not responsible for monitoring or policing the content hosted on its servers. The Client holds the sole responsibility for the legality and copyright compliance of their hosted content. The Provider is held harmless against any claims, including legal claims or copyright disputes, pertaining to hosted content.
4. Term and Renewal
Initial Term: This Agreement shall commence upon the date of service activation and remain in full force and effect for an annual term (the "Initial Term").
Automatic Renewal: Upon the conclusion of the Initial Term, this Agreement shall automatically renew for successive annual terms (each, a "Renewal Term"), unless either party notifies the other of its intention not to renew at least 30 days before the end of the Initial Term or any Renewal Term.
Cancellation: The Client may cancel this Agreement by providing a written notice of cancellation to the Provider at least 30 days prior to the end of the Initial Term or any Renewal Term. It is important to note that the Client is not entitled to any refunds for payments made prior to the termination date, including any fees paid in advance for the term during which the cancellation occurs.
No Refunds for Early Termination: In the event of cancellation or early termination by the Client, for any reason, there shall be no refunds of any fees already paid to the Provider.
5. Legal Framework
DMCA Compliance: The Client agrees to comply with the Digital Millennium Copyright Act (DMCA) provisions, assisting in the protection and respect of copyright laws.
Indemnification: The Client agrees to indemnify and hold harmless the Provider from any claims, damages, liabilities, costs, and fees (including reasonable attorney fees) arising from the failure to comply with this agreement or related legal obligations.
Jurisdiction: This agreement shall be governed by the laws of Ontario, Canada. Disputes arising hereunder shall be exclusively settled in the competent courts of Oshawa, Ontario, Canada.
6. Agreement Acceptance and Modifications
This document represents a complete agreement regarding web hosting services. Amendments or modifications to this agreement must be mutually agreed upon in writing by both parties.
By engaging with Simple Is Good Inc.’s web hosting services, the Client acknowledges having read, understood, and agreed to the terms set forth in this agreement.