Terms and Conditions - Simply IT Solutions

Policies on Unlimited Disk Space Plans and Defining Unlimited

Simply IT Solutions Pvt Ltd is committed in offering you the resources to grow and not charge you for resources such as disk space & bandwidth unless they are exploiting server resources or violating our FUP. Unlimited Plans does not mean you are able to use your hosting in such a way that it negatively affects the server operation for illegal proposes, or uses the resources in a way that affects our server stability/ performance or other users sharing the resources on the server.

To avoid too much consumption of resources by any single user Simply IT Solutions Pvt Ltd has placed limits on the amount of a server‘s resources that any given user may consume and the same shall be applicable to you as well. While these are limits, server abuse is not limited to these policies and is up to Simply IT Solutions Pvt Ltd‘s discretion what constitutes server abuse.

On certain web hosting plans, SIMPLY IT SOLUTIONS PVT LTD does not place limits on the amount of particular resources a single client may use. SIMPLY IT SOLUTIONS PVT LTD makes every reasonable effort to provide clients with the disk space and bandwidth resources needed for their websites within the limitations of these Terms of Service. SIMPLY IT SOLUTIONS PVT LTD monitors all servers via automated and non-automated methods to help ensure no single client adversely impacts other clients located on the same server.

Please note that shared hosting plans are for website hosting, and the storage of backups, file repositories, MP3s, mp4, zip, videos, photo archives, and similar is strictly prohibited. Violators of this policy may have their accounts terminated without refund.

Fair Usage Policy: FUP

A Fair Usage Policy (FUP) is necessary to ensure our hosting services are used fairly and our services operate reliably for all our customers. Resources provided on our hosting services are governed by this Fair Usage Policy. We reserve the right to impose reasonable limits to reduce your usage or pair you with other users utilizing the same or nearly the same amount of usage if we believe your excessive usage is affecting SIMPLY IT SOLUTIONS PVT LTD‘s services/systems or other users.

The client whom, in our reasonable opinion that have breached this FUP will be contacted by EMAIL and ask to upgrade his/her plan to a new dedicated server plan to reduce their excessive usage utilization. SIMPLY IT SOLUTIONS PVT LTD may also suspend that client account prior to notify that client if that action is needed to bring stability to our systems/servers. Client suspensions prior to notification by SIMPLY IT SOLUTIONS PVT LTD is rare and is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. What is deemed unappropriated or excessive amount of resources will be determined by a number of factors including but not limited to our policies which includes the following:

Processes

Processes invoked by the web server, cron, shell or any other method should not exceed the following limitations:
Consume more than 128 MB of Ram
Utilize in excess of 15 seconds of CPU time.
Number of open files should not exceed 64.
Create core dumps.
Number of simultaneous processes should not exceed 10.
Execute a script/binary that forks in a way to create a fork bomb. Programs may not run in the background or listen on a network port. If you require a bot, service or daemon, you should consider a dedicated server, as very few shared web hosts allow this type of program. Simultaneous IIS/Apache connections may not exceed 50 from one individual source at any given time.
Web processes should not fork or spawn sub processes.
Files and Directories

Database Restrictions at SIMPLY IT SOLUTIONS PVT LTD

  • All users are restricted to 15 concurrent MySQL connections.
  • Database queries should not exceed 3,500 per hour.
  • Database changes (insert/update/delete) should not exceed 1,200 queries per hour.
  • Database servers should not be used as a hosted solution. Database access should only be used for the web site hosted by SIMPLY IT SOLUTIONS PVT LTD.
  • Remote database access is for administrative purposes only.
  • Our attachment limit is 10 MB, you are now allowed to send files in excess of 10 MB.


The limit of outbound mail is set to 25 recipients to maintain the server performance. You are allowed to send maximum 300/mails/hour from your domain.

POP connections are limited to 60 per hour.

SMTP connections (outbound email connections) are limited to 300 per hour per server account. Mailing lists larger than 300 will require a semi dedicated, VPS, or dedicated server from us. Dividing one list into smaller parts to get around this limit is not allowed.

Any mailing list must be throttled so that it sends an email every 6 seconds at the very minimum. If the mailing list software you are using doesn't support throttling you must use something else. We do this as this keeps the server load from going very high and causing problems for other users. If you don't do this you will be suspended.

We do not allow you to send to a mailing list you were given or that you bought. This is spamming and we have zero tolerance for this.

No Direct SMTP mailing system scripts are permitted. Mail should be relayed through the local MTA.

Policies on Cron Jobs
  • A cron job should not execute more frequently than once every 15 minutes

General Policies

Prime bank or bank debenture-related sites, lottery sites, muds or online RPGs, hate sites, hacker-related sites, sites promoting illegal activity, IP scanner or other hacking tools, mail bombing or spam scripts, or forums and websites that distribute or promote warez content are expressly forbidden.

All violations will be shut down immediately and may result in account suspension and/or termination.

Dedicated Server Management

If the client had opted for server management services from SIMPLY IT SOLUTIONS PVT LTD then SIMPLY IT SOLUTIONS PVT LTD have an authority to curtail the root access of the server for the client. In case, client demands for root access in order to upload any applications or tamper with the server then SIMPLY IT SOLUTIONS PVT LTD will not be responsible for any mishappenings/server failure. The client will be solely responsible for the mishappenings and SIMPLY IT SOLUTIONS PVT LTD will not be liable for any support in order to restore the server to its previous state. SIMPLY IT SOLUTIONS PVT LTD Support team may ask for the appropriate amount, to be paid by client, in order to restore the server (only if the backup is available).

Dedicated Servers

Third party script installation is at client own risk. SIMPLY IT SOLUTIONS PVT LTD will not be responsible for any data loss/ security issues that occur due to the third-party software that client install at their end or get them installed by SIMPLY IT SOLUTIONS PVT LTD team.

Reseller hosting

SIMPLY IT SOLUTIONS PVT LTD will not entertain reseller's client's queries, if resellers want their end users to be entertained by SIMPLY IT SOLUTIONS PVT LTD then there's a separate fee to be paid by reseller which can be obtained with the Sales team of SIMPLY IT SOLUTIONS PVT LTD upon request

Security
  • You are responsible for any misuse of your account, even if the inappropriate activity was committed by a family member, guest, friend, or your employee. Therefore, you must take proper steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or try to gain unauthorized access to another network or server.
  • Your password grants access to your account. It is your responsibility to keep your password secure.
  • Sharing your account access and passwords with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
  • You must adopt adequate security measures to prevent or minimize unauthorized use of your account.


TOS
Disclosure to Law Enforcement:

Our TOS specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition SIMPLY IT SOLUTIONS PVT LTD shall have the right to terminate all service set forth in this Agreement.

Service Rates:

Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment:

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month/year for that month's service. The above applies to all accounts and services provided by SIMPLY IT SOLUTIONS PVT LTD.

Refund and Disputes:

All payments to SIMPLY IT SOLUTIONS PVT LTD are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges, any sort of service or billing disputes must be reported with the service agreement within 30 days of the time the dispute occurred.

Failure to Pay:

The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. End customers affected by a resellers failure to pay their dues, will be able to contact SIMPLY IT SOLUTIONS PVT LTD and receive service directly only after the servers have been canceled.

Account or Server Cancellation:

All requests for canceling accounts must be made in writing with at least 7 days prior written notice (or Helpdesk ticket submission) and sent to SIMPLY IT SOLUTIONS PVT LTD helpdesk at vikas@simplyitsols.com from your registered email id used while ordering the same service for which cancellation is being made. Account cancellations from any other email id would not be accepted and continued to be billed

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Force Majeure:

Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.

Denial of Service:

We reserve the right to refuse service to anyone at any time for any reason.

Jurisdiction:
The laws of the Republic of India shall govern this agreement
In any event of dispute the area of Jurisdiction would be Jaipur only.

Acknowledgement: By placing, hiring and continuing to maintain or place information at SIMPLY IT SOLUTIONS PVT LTD‘s servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.