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Terms of Service
USER CONTENT Simpload provides storage space and access for web content and data through its hosting services. Simpload is not required to routinely monitor the contents of our user data. User agrees to sole responsibility for any data contained on our servers. However, upon recognition of content in violation of this agreement (regarding data contained on Customer's account) Simpload may, at its sole discretion, remove the data hosted on Simpload servers and terminate Customer's service. Examples of materials we prohibit are; files that are pornographic, files that infringe on the copyrights of any entity, including Simpload, files describing hacking methods or procedures, files that are in violation of any United States Laws, or any Laws pertaining to digital content usage in the State of Kansas or the United States Government, files that create adverse effects upon our server or network, files designed maliciously, spyware, virus and spam programs, Bittorrent or other peer-to-peer distribution schemes. For free users Simpload maintains all prohibitions included in the previous clause in addition to these following conditions; using excessive bandwidth(currently defined by us as more than .5 GBytes/day/file), files impacting other Simpload users negatively, any breach or "hacks" of Simpload allowing more than the agreed upon service. User agrees to promptly reimburse Simpload for any reasonable expenses it incurs, notwidthstanding attorney fees, in defending itself from third party claims relating to; any of the content (whether created by customer, or users of any service customer may provide, or any subsequent service offered) contained on our server network, any injury to person or property caused by any products sold or otherwise distributed in connection with Simpload's network, any defective product which Customer sold on Simpload's network. User may not use any service to publish content, which Simpload determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this agreement, "content" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene content; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or content, which violates the privacy rights or property rights of others (eg. copyrights or trademarks). "Indecent" content is and content depicting sexual or excretory activities in a patently offensive matter as measured by Simpload in its sole discretion, based upon contemporary community standards. "Objectionable" content is otherwise legal content which Simpload concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates. Customer recognizes that Simpload and its services are primarily used for media hosting. While allowing a variety of types of files to be uploaded to the Simpload network; we expressly prohibit all serverside scripts, such as PHP and CGI from being run upon the network. Please note that in some setups these file types are able to be uploaded/downloaded, just not executed. THIRD PARTY CONTENT If use of the services of another third party promotes or provides a web site or data hosted by or through Simpload, then the provisions of this Terms of Agreement and Acceptable Use Policy shall apply to the methods used to promote such site and the content contained therein. For the purposes of this agreement "third party" refers to any other service, script, or resource, freely provided or paid, that is not provided by Simpload or the Customer. SIMPLOAD'S RESPONSIBILITIES Simpload has the right to perform and license products to others during the term of this Agreement. Simpload may decide to electronically monitor any services it provides and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate host services and protect its Customers. Simpload reserves the right to block any file or account hosted by Simpload that contains any content that Simpload deems in its sole discretion to be unacceptable or undesirable. Simpload will provide Customer with Simpload services, as described at on this website hereto. Simpload has the right to control and direct the means, manner, and method by which the host services are performed. Simpload shall provide in good faith a "best effort" level of technical support to Customer via email or Web-based ticket system for the term of this Agreement. THE SIMPLOAD SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SIMPLOAD SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SIMPLOAD AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SIMPLOAD AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SIMPLOAD SERVICES. SIMPLOAD AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SIMPLOAD SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SIMPLOAD SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SIMPLOAD SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SIMPLOAD SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. PERSONAL USE Simpload free services are made available for your personal, non-commercial use only. You may not re-sell Simpload's free services or re-use Simpload's free services to increase traffic to your Web site. If you want to make commercial use of the Simpload services, you must enter into an agreement with Simpload to do so in advance. Any paid service Simpload offers is exempt from this clause. FINANCIAL ARRANGEMENTS Customer agrees to a thirty (30) day contract minimum (or three (3) or twelve (12) month contract depending on length of pre-payment), beginning upon commencement of service. Customers may not prorate a month, or purchase less than thirty days of hosting at a time. Customer recognizes and agrees to a per-plan one time setup fee for specified packages, and additional one time setup fees, specified per plan. At the end of the contract term, the contract will automatically renew for successive thirty (30) day periods (or three (3) or twelve (12) month periods, depending on length of pre-payment, respectively) indefinitely until canceled in writing. Violations of Simpload's Terms of Service or Acceptable Use Policy may, at Simpload's discretion, may result in immediate account disablement without refund. In the event of Simpload failing to disable an account immediately after a breach of contract, this does not prevent Simpload from terminating the contract at a later date. Customer agrees to pay all additional bandwidth purchase fees incurred as agreed upon before, during or after contract term. Customer agrees all payments are NONREFUNDABLE, excepting as specifically stated in a promotion or other temporary offer. If balance is not paid in full before or on the automatic renewal date Customer will be contacted via email on the 5th, 7th and 9th before being suspended on the 10th day of their unpaid cycle. Customer will again be contacted on the 20th, 25th and 29th before having all data removed from our servers on the 30th day of their unpaid cycle. Simpload reserves the right to suspend or cancel this agreement due to repeated(2 or more) instances of late payment. PACKAGE STIPULATIONS Upgrades to an existing package ("package" defined as bandwidth, disk space, etc) to be performed by Simpload may incur an additional one-time labor fee as well as an increase to Customer's standard monthly rate, and may, at Simpload's sole discretion, be waived during the first (72) hours of service or anytime thereafter wherein Simpload deems fit INTELLECTUAL PROPERTY You hereby acknowledge that Simpload owns all intellectual property rights in the materials on this web site, including all methods and protocols used in our unique uploading system, Excluding user content. You may not use these materials except as expressly provided in these Terms of Service, or written notice from Simpload. LIMITED LIABILITY We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. Without limiting the foregoing, under no circumstances shall Simpload or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Simpload. If you use this web site or its connected servers for any illegal purpose or for any purpose other than that expressly permitted by these Terms of Service or otherwise in breach of these Terms of Service, you will be liable to indemnify us in full for any loss, liability or costs which we incur arising from or in connection with such use or alleged use. We shall not be liable in contract, tort (including negligence), statutory duty or collaterally or otherwise arising out of or in connection with these Terms of Service or this web site for consequential, indirect or special loss or damage or any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred. Simpload disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Simpload disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Simpload’s services. GOVERNING LAW This agreement and all future agreements with Simpload, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Kansas, without regard to conflicts of law. This is the case regardless of whether you reside or transact business in Kansas or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, Customer agrees to submit to the personal and exclusive jurisdiction of the courts located within Johnson County, Kansas. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. BREACH OF CONTRACT Any breach of this agreement may result in your inability to use Simpload services in the future, and further legal actions may be taken. If we fail to enforce any provision of these Terms of Service, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. Failure to comply with any provision in this agreement may result in immediate termination of your account without refund or notice. TERMINATION This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. Simpload will accept termination by electronic mail. Notwithstanding the above, Simpload may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Simpload reserves the right to charge a reinstatement fee. Whereas accounts to be canceled before the next payment is due require a 30 day written notice, upon recieval of said notice user is entitled to remainder of prepaid services. Therein upon cancellation user is not entitled to any payment refund, even for unused portions. CONTRACT REVISIONS/TRANSFER We may change or supplement these Terms of Service from time to time, and these changes shall form part of these Terms of Service, even if you do not re-visit this page to re-read the Terms of Service. Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of service, with or without notice to Customer. This contract may not be transferred by Customer without the written consent of Simpload. ENTIRE LEGAL AGREEMENT The Customer agrees that he or she is either of an age to form a legally binding contract(18), or that their legal guardian consents to act as the 'Customer' in this contract. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Simpload.
I agree to a the above Terms of Service
Service Comparisons
Limits
Free Plan
Blue Plan
Upload Limit
1 MB/File
1 GB/Account
Bandwidth Limit
.5 GB/File/Day
200 GB/Account/Mo
Time On Server
6 month default
No Limit
Extras
Free Plan
Blue Plan
FTP Account [
?
]
No
Yes
Subdomain [
?
]
No
Yes
Multi-Uploader
No
Yes
File Types
Movies, Audio, Images
All
Support
Yes
Priority
Filenames
Renamed
Stay the same
Ads
Yes
No
Webstats
No
Yes
Overage
File disabled
No fees [
?
]
Prices
Free
$5/month
Select A Plan
Basic
Premium
Payment Option
[No Payment Needed]
$5/monthly
$15/quarterly
$45/yearly (You save 25%)
0.00129294395446777
