The following Terms of Service Agreement applies to all SimOps customers and is strictly enforced.

1. Content

All services provided by Simops may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: Fraud, copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrets and other statutes, adult sites "Porn" we do allow "legal" adult content , warez/pirated software, serialz, hacker programs/archives, and MP3 files. SimOps is not responsible for any claims resulting from the use of our service. This is also true for sites that promote any illegal activity or content that may be damaging to Simops servers or any other server on the internet. Links to such materials are prohibited. You must provide a valid E-mail address and Home address when signing up. We allow but do not support PHP Nuke, or third party programs in any way!! There are far to many enhancements to stay current on. For PHP Nuke please use there site for support they can help you in many ways. http://www.nukecops.com/

Copyrighted material or Trademark images without proper authorization from the owner are the responsibility of the site owner not SimOps. We will not be held liable for wrongful use.

2. Support

Customers are required to use the support ticketing system on SimOps to request support for any issues relating to their account, unable to login, username and password request, billing, etc, etc. We provide free support for any issue that is directly related to a problem with the server or the system software, this means, problems with the email server, problems with rpm modules installed by SimOps, problems with accessing MySQL or Postgresql, problems accessing cPanel or using cPanel. We are not responsible for protecting your site from hackers, if you decide to run a 3rd party software such as php nuke, which may allow modules or addon's to be installed which may allow your site to be hacked we assume no responsibility. It is the customers responsibility to maintain their site and to verify they have any bug fixes required by the vendor of the 3rd party software to prevent hacking of the software. This applies to ALL 3rd party software, whether installed via cPanel or remotely by the customer. As stated before SimOps may provide some 3rd party software, such as forums, content managers, auctions, blogs, eCommerce, or chat rooms, but SimOps does not assume responsibility for any damage to your site resulting from the use of such software nor does SimOps provide free support to the customer for 3rd party software. If you the customer so desire to use any of the 3rd party software provided in cPanel you must seek support from the vendor of that software or pay SimOps support fee for our assistance. SimOps support will not answer any questions relating to any of the 3rd party software provided by cPanel, any requests for information will be giving a link to the vendors faq's link on the vendors site.

SimOps will provide support for any other issue you may have that is not covered under our support policy for a fee of $65 per hour with a two hour minimum deposit required up front before any support is given. This would apply to any 3rd party software such as but not limited to, forums, scripts, content managers (php nuke, post nuke, etc.) database problems other then connectivity issues that fall under the support policy, email programs other then those provided by default to your account by SimOps. The support fee also applies to any software programs you may install that would require SimOps to install additional RPM or PERL Modules. If any additional modules other then those installed by default by SimOps are requested, the request will be reviewed by the system administrator to determine it's risk to SimOps servers and upon approval will require a setup fee of $25 in addition to the $65 support fee.

All requests for support MUST BE SUBMITTED VIA THE HELP DESK by following the link to support on the SimOps main page. Any requests for support or sales sent directly to a SimOps employee email account will not be replied to. Please do not email the system admin, sales director, or support personnel directly. In the event you are unable to login to the client support area you may submit an email to helpdesk@simops.com and someone will assist you with the problem.

3. Forum Software

Only one online forum should be run from a single shared hosting account. Forum software supported and recommended include Invision, vBulletin and phpBB (MySQL version). Forum software using flat-file databases (e.g. UltimateBB, YaBB, IkonBoard flat-file version) are strongly prohibited and if used will result in the suspension of the affected account.

4. Unsolicited Commercial Email (UCE)

Spamming, or the sending of unsolicited email, from a SimOps server or using an email address that is maintained by SimOps is strictly prohibited and will qualify your site for immediate deactivation with no refund. Simops will be the sole arbiter as to what constitutes a violation of this provision.

5. IRC

We currently do not allow IRC, IRC bouncers, IRC bots, egg drops, or similar software to be operated on our servers.

6. Server Abuse

Any attempts to undermine or cause harm to any SimOps server or customer of SimOps is strictly prohibited. SimOps holds no responsibility for the use of our clients' accounts. Any account that abuses resources and actions are not taken to desist, calls for immediate de-activation without any refund of payments made thus far. This includes protecting your site from hacking

7. Server Resources

The running of any process that requires more than 6MB of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time is prohibited. The first offence will result in the site being temporarily shutdown, the site owner contacted and asked to remove the script/program causing the server resource problem. A second offence may include immediate de-activation without any refund of payments made thus far.

8. Data Transfer

Each account is allocated a pre-specified amount of data transfer per calendar month. Sites are not restricted to a traffic rate but if your account's monthly usage is above your monthly total allotment you may choose to either upgrade to a higher package or purchase additional data transfer. We will work with clients to keep their sites alive and fast at all times.

9. Background Running Programs

We do not allow programs to run continually in the background. Port forwarders and any and all daemons, such as IRCD, are not allowed under any circumstances.

10. Chat

Any type of interactive real-time chat applications that require server resources are prohibited to be run on our servers. Remotely-hosted services are fully allowed.

11. Backups

SimOps performs periodic backups of critical system files for emergency purposes. Clients should not rely on “SimOps” to perform site/data backups for them and are responsible for backing up their own data. An easy-to-use instant backup facility is available via the client's online control panel. MySQL data dumps can be easily performed by the client via the included phpMyAdmin or SSH. Clients are advised to backup all of their own files to their local drives. SimOps is not responsible for lost data, time, income or any other resource due to hardware failure, faulty backups or non-existent backups.

12. Price Freeze Guarantee

Each client is guaranteed to enjoy the pricing structure that they're currently on for their account(s), for as long as they're on the same account(s) and payment is up-to-date. This guarantee applies even if there are pricing and/or package changes reflected at our main site. New accounts (including those opened by existing clients) always take on there originating pricing structure.

13. Cancellation

Cancellation can be made via e-mail to billing@simops.com , a standard set of questions must be answered to insure safety. Although no notice is required, and there is no cancellation fee, all fees paid for service up to the notice of cancellation are non-refundable. If cancellation is made within the first 10 days of service and no terms are breached all hosting fees will be refunded. If SimOps did not live up to our SLA 100% refund, if we do a 10% charge will be applied. This does not include fees for domain registration. We reserve the right to remove any account without prior notice for any reason.

14. Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion. In no event will SimOps be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use SimOps services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record. These terms may be modified at any time and without notice. All users previous and new are always subject to the newest terms posted here at all times.

15. Billing

The below Billing policy applies to all SimOps customers and is strictly enforced.

1.SimOps reserves the right to refuse service to anyone for any reason at any time.

2.SimOps can cancel existing accounts if in the opinion of Simops, it is believed the customer was in breach of one of SimOps policies. In the event of an account cancellation by Simops or the customer, Simops will not issue a refund.

3.SimOps reserves the right to change fees at any time.

4.The first payment is due at the time your Activation Letter is sent (including services such as extra email accounts and FTP accounts). Payment is then due on the anniversary date you signed up. For example, if you signed up for plan 1 on the monthly billing cycle on June 3rd, the next renewal date would be July 3rd. Any account that goes beyond 4 days will be suspended and a charge of $25.00 will be added to reconnect.

5.SimOps is not responsible for lost revenue, traffic, or data caused by server down time or failure, domain name transfers, or any other error - mechanical or human. This includes hacking of site content

6.Customers of Simops are forbidden from partaking in an "abusive practice." The following is a list of current abusive practices. SimOps reserves the right to add to or modify this list at any time. Sending unsolicited commercial e-mail with your account. Also, a violation is incurred if any unsolicited email is reported relating to your domain with us in anyway, regardless of what SMTP (outgoing mail server) was used to transmit the message. Upload, posting or reproducing in any way materials protected by copyright without the permission of the copyright holder will result in immediate account termination without prior notice or refund of any pre-payment.

7.Customers of SimOps are bound to all system policies not specifically listed within this agreement. Violation of any of these system policies will result in an immediate account SimOps without refund or access to hosted files.

8.This agreement is not assignable or transferable without the express written consent of SimOps.

9.SimOps hosting services may only be used for lawful purposes. Transmission of any material in violation of any U.S. or any state regulation is prohibited. This includes but is not limited to: copyrighted material, Pirated materials, material legally judged to be threatening or obscene, or material protected by trade secret. The client specifically agrees to indemnify and hold harmless SimOps from any claim resulting from a breach of these terms, and/or the use of the service which damages another. Using or redirecting any domain owned by SimOps is not allowed, with out prior written consent.

10.This agreement constitutes the entire agreement between the parties hereto.
Spam Mail

SimOps does not allow Spam mail. Breach of this policy will result in immediate account termination without prior notice. Pre-payment funds will not be refunded in this case.

SimOps reserves the right to change or modify this Terms of Service at any given time without notice to the customer. It is the customers responsibility to read and agree to the Terms of Service before signing up for service with SimOps. Having agreed to SimOps Terms of Service by signing up for web hosting service you agree to these terms and acknowledge you have read and fully understand the content within.