Privacy Policy & Terms of Service
Privacy,
Security, Your Information
SimplePimpleMcNerd.com Hosting
Simple Pimple
McNerd respects your privacy
Other than
as described in this Policy, we will not
give any information about you to others
without your express permission.
Information Collection and Use
Simple Pimple
McNerd uses forms in which you give us
contact information (including your
name, address, telephone number, and
email address) so you can place orders,
request information and support, and
make product suggestions. For certain
services, we may also request a photo ID
or utility bill. We will then create an
account number for you.
We receive
and store any information you enter on
our Site or give us in any other way,
including through email, telephone, or
other communications with our customer
service department. If you contact us
for support, we will keep an internal
record of what support was given.
We use your
information to contact you regarding
functionality changes to our products,
our Site, new Simple Pimple McNerd
services, and special offers we think
you'll find valuable. If you would
rather not receive this information,
please see the "Updating Your
Information" section below on how to
change your preferences.
We may also
use your information to present a
co-branded offer with our partners or
affiliates. If we collect information
from you in connection with a co-branded
offer, it will be clear at the point of
collection who is collecting the
information and whose privacy statement
applies.
We use
information gathered about you from our
Site statistics (for example, your IP
address) to help diagnose problems with
our server, and to administer our Site.
We also gather broad demographic
information from this data to help us
improve our Site and make your browsing
and purchasing experience more
enjoyable. This is not linked to any
personally identifiable information,
except as necessary to prevent fraud or
abuse on our system.
Our Site uses
cookies to keep track of your shopping
cart and receipts. We use cookies to
identify you so you don't need to log in
each time you visit our Site. The
cookies are linked to your customer
number, which is associated with the
information in your account.
This Site
also contains links to other websites.
Unfortunately, Simple Pimple McNerd is
not responsible for the privacy
practices or the content of such sites.
Security
This Site has
security measures in place to protect
against the loss, misuse or alteration
of the information under our control.
Updating
Your Information
You may alter
your account information or opt out of
receiving communications from us and our
partners at any time. We have the
following options for changing and
modifying your account information or
contact preferences.
- Visit
your online Account Manager.
- You may
send mail to Simple Pimple McNerd at
the following postal address:
3012 Westside Pasadena TX 77502 USA
Sending
Emails
We use emails
to communicate with you, to confirm your
placed orders, and to send information
that you have requested. We also provide
email links, as on our “Contact Page”
page, to allow you to contact us
directly. We strive to promptly reply to
your messages.
The
information you send to us may be stored
and used to improve this Site and our
products, or it may be reviewed and
discarded.
Compliance
with Laws and Law Enforcement
We cooperate
with government and law enforcement
officials and private parties to enforce
and comply with the law. We will
disclose any information about you to
government or law enforcement officials
or private parties as we, in our sole
discretion, believe necessary or
appropriate to respond to claims and
legal process (including without
limitation subpoenas), to protect our
property and rights or the property and
rights of a third party, to protect the
safety of the public or any person, or
to prevent or stop activity we consider
to be illegal or unethical. We will also
share your information to the extent
necessary to comply with ICANN's rules,
regulations and policies.
Cookies
and Web Beacons
www.simplepimplemcnerd.com uses cookies
to store information about visitors'
preferences, to record user-specific
information on which pages the site
visitor accesses or visits, and to
personalize or customize our web page
content based upon visitors' browser
type or other information that the
visitor sends via their browser.
DoubleClick DART Cookie
→ Google, as
a third party vendor, uses cookies to
serve ads on www.simplepimplemcnerd.com.
→ Google's
use of the DART cookie enables it to
serve ads to our site's visitors based
upon their visit to
www.simplepimplemcnerd.com and other
sites on the Internet.
→ Users may
opt out of the use of the DART cookie by
visiting the Google ad and content
network privacy policy at the following
URL -
http://www.google.com/privacy_ads.html
Our
Advertising Partners
Some of our
advertising partners may use cookies and
web beacons on our site. Our advertising
partners include ....
Google
Commission Junction
Amazon
Clickbank
Linkshare
While each of
these advertising partners has their own
Privacy Policy for their site, an
updated and hyperlinked resource is
maintained here: Privacy Policies.
You may
consult this listing to find the privacy
policy for each of the advertising
partners of www.simplepimplemcnerd.com.
These
third-party ad servers or ad networks
use technology in their respective
advertisements and links that appear on
www.simplepimplemcnerd.com and which are
sent directly to your browser. They
automatically receive your IP address
when this occurs. Other technologies
(such as cookies, JavaScript, or Web
Beacons) may also be used by our site's
third-party ad networks to measure the
effectiveness of their advertising
campaigns and/or to personalize the
advertising content that you see on the
site.
www.simplepimplemcnerd.com has no access
to or control over these cookies that
are used by third-party advertisers.
Third
Party Service Providers
We may at
times provide information about you to
third parties to provide various
services on our behalf, such as
processing credit card payments, serving
advertisements, conducting contests or
surveys, performing analyses of our
products or customer demographics,
shipping of goods or services, and
customer relationship management. We
will only share information about you
that is necessary for the third party to
provide the requested service. These
companies are prohibited from retaining,
sharing, storing or using your
personally identifiable information for
any secondary purposes.
In the event
that we use third party advertising
companies to serve ads on our behalf,
these companies may employ cookies and
action tags (also known as single pixel
gift or web beacons) to measure
advertising effectiveness. Any
information that these third parties
collect via cookies and action tags is
completely anonymous. If you would like
more information about this practice and
your choices, click
here.
Supplementation of Information
In order to
provide certain services to you, we may
on occasion supplement the personal
information you submit to us with
information from third party sources (e.g.,
information from our strategic
partners, service providers, or the
United States Postal Service). We
do this to enhance our ability to serve
you, to tailor our products and services
to you, and to offer you opportunities
to purchase products or services that we
believe may be of interest to you.
Contests/Surveys
From
time-to-time, we may provide you with
the opportunity to participate in
surveys. If you choose to participate,
we may request certain personally
identifiable information from you.
Participation in these surveys is
completely voluntary and you therefore
have a choice whether or not to disclose
the requested information. The requested
information typically includes contact
information (such as name and address),
and demographic information (such as zip
code and age level - note that you must
be 18 or above to enter). We use this
information to notify survey
participants of free or discounted
merchandise, to monitor site traffic,
and to personalize our site.
We may use a
third party service provider to conduct
these surveys. When we do, that company
will be prohibited from using our users'
personally identifiable information for
any other purpose. We will not share the
personally identifiable information you
provide through a survey with other
third parties unless we give you prior
notice and choice.
Tell-A-Friend
If a user
elects to use our referral service to
inform a friend about our Site, we ask
the user for the friend's name and email
address. Simple Pimple McNerd will
automatically send the friend a one-time
email inviting them to visit our Site.
Simple Pimple McNerd stores this
information for the sole purpose of
sending this one-time email. The friend
may contact
mcnerd@simplepimplemcnerd.com
to request the removal of this
information from our database.
What
Happens to my Personal Information if I
Terminate my Simple Pimple McNerd
Account?
When your
Simple Pimple McNerd account is
cancelled (either voluntarily or
involuntarily) all of your personally
identifiable information is placed in
"deactivated" status on our relevant
Simple Pimple McNerd databases.
However, deactivation of your account
does not mean your personally
identifiable information has been
deleted from our database entirely. We
will retain and use your personally
identifiable information if necessary in
order to comply with our legal
obligations, resolve disputes, or
enforce our agreements.
Changes in
Our Practices
We reserve
the right to modify this Privacy Policy
at any time. If we decide to change our
Privacy Policy, we will post those
changes to this Privacy Policy and any
other places we deem appropriate, so
that you are aware of what information
we collect, how we use it, and under
what circumstances, if any, we disclose
it.
If we make
material changes to this Policy, we will
notify you here, by email, or by means
of a notice on our home page, at least
thirty (30) days prior to the
implementation of the changes.
Contacting
Our Site
If you have
any questions about our Privacy Policy,
the practices of this Site, or your
dealings with this Site, please contact
us at:
Telephone
(832) 378-8334
Email
McNerd@SimplePimpleMcNerd.com
3012 Westside
Pasadena TX 77502
Revised:
9/16/2011
www.SimplePimpleMcNerd.com Copyright ©
2000-2011
Terms of Service
Simple
Pimple McNerd Hosting Terms of Service
1.)
Account Setup / Email on file
We will setup your account after we have
received payment and we and/or our
payment partner(s) have screened the
order(s) in case of fraud. It is your
responsibility to provide us with an
email address which is not @ the
domain(s) you are signing up under. If
there is ever an abuse issue or we need
to contact you, the primary email
address on file will be used for this
purpose. It is your responsibility to
ensure the email address on file is
current or up to date at all times. If
you have a domain name registered with
Simple Pimple McNerd, it is your
responsibility to ensure that the
contact information for your domain
account and your actual domain name(s)
is correct and up-to-date. Simple Pimple
McNerd is not responsible for a lapsed
registration due to outdated contact
information being associated with the
domain. If you need to verify or change
this information, you should contact our
sales team via email. Providing false
contact information of any kind may
result in the termination of your
account. In dedicated server purchases
or high risk transactions, it will be
necessary to provide government issued
identification and possibly a scan of
the credit card used for the purchase.
If you fail to meet these requirements,
the order may be considered fraudulent
in nature and be denied.
Transfers
Our transfers team will make every
effort to help you move your site to us.
However, transfers are provided as a
courtesy service, and we can not make
guarantees regarding the availability,
possibility, or time required to
complete an account transfer. Each
hosting company is configured
differently, and some hosting platforms
save data in an incompatible or
proprietary format, which may make it
extremely difficult if not impossible to
migrate some or all account data. We
will try our best, but in some cases we
may be unable to assist you in a
transfer of data from an old host.
The free
transfer services are available for 30
days from your sign up date. Transfers
outside of the 30 day free period will
incur a charge; please contact a member
of the transfers department with
specific details to receive a price
quote.
2.)
Content
All services provided by Simple Pimple
McNerd may only be used for lawful
purposes. The laws of the State of
Texas, and the United States of America
apply.
The customer
agrees to indemnify and hold harmless
Simple Pimple McNerd from any claims
resulting from the use of our services.
Use of our
services to infringe upon any copyright
or trademark is prohibited. This
includes but is not limited to
unauthorized copying of music, books,
photographs, or any other copyrighted
work. The offer of sale of any
counterfeit merchandise of a trademark
holder will result in the immediate
termination of your account. Any account
found to be in violation of anothers
copyright will be expeditiously removed,
or access to the material disabled. Any
account found to be in repeated
violation of copyright laws will be
suspended and/or terminated from our
hosting. If you believe that your
copyright or trademark is being
infringed upon, please email
abuse@simplepimple.com with the
information required. If the request is
of a licensing issue, we may require
further documentation.
Using a
shared account as a backup/storage
device is not permitted,
with the exception of one cPanel backup
of the same account. Please do not take
backups of your backups.
Examples of
unacceptable material on all Shared
servers include:
- Topsites
- IRC
Scripts/Bots
- Proxy
Scripts/Anonymizers
- Pirated
Software/Warez
- Image
Hosting Scripts (similar to
Photobucket or Tinypic)
-
AutoSurf/PTC/PTS/PPC sites
- IP
Scanners
-
Bruteforce
Programs/Scripts/Applications
- Mail
Bombers/Spam Scripts
-
Banner-Ad services (commercial
banner ad rotation)
- File
Dump/Mirror Scripts (similar to
rapidshare)
-
Commercial Audio Streaming (more
than one or two streams)
-
Escrow/Bank Debentures
-
High-Yield Interest Programs (HYIP)
or Related Sites
-
Investment Sites (FOREX, E-Gold
Exchange, Second Life/Linden
Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of
any controlled substance without
prior proof of appropriate permit(s)
- Prime
Banks Programs
-
Lottery/Gambling Sites
-
MUDs/RPGs/PBBGs
-
Hateful/Racist/Harassment oriented
sites
- Hacker
focused sites/archives/programs
- Sites
promoting illegal activities
- Forums
and/or websites that distribute or
link to warez/pirated/illegal
content
- Bank
Debentures/Bank Debenture Trading
Programs
-
Fraudulent Sites (Including, but not
limited to sites listed at aa419.org
& escrow-fraud.com)
- Mailer
Pro
-
Broadcast or Streaming of Live
Sporting Events (UFC, NASCAR, FIFA,
NFL, MLB, NBA, WWE, WWF, etc)
Examples of
unacceptable material on all Dedicated
servers include:
- IRCD
(irc servers)
- IRC
Scripts/Bots
- Pirated
Software/Warez
- IP
Scanners
-
Bruteforce
Programs/Scripts/Applications
- Mail
Bombers/spam Scripts
- Escrow
-
High-Yield Interest Programs (HYIP)
or Related Sites
-
Investment Sites (FOREX, E-Gold
Exchange, Second Life/Linden
Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of
any controlled substance without
prior proof of appropriate permit(s)
- Prime
Banks Programs
-
Lottery/Gambling Sites
-
Hateful/Racist/Harassment oriented
sites
- Hacker
focused sites/archives/programs
- Sites
promoting illegal activities
- Forums
and/or websites that distribute or
link to warez/pirated/illegal
content
- Bank
Debentures/Bank Debenture Trading
Programs
-
Fraudulent Sites (Including, but not
limited to sites listed at aa419.org
& escrow-fraud.com)
- Mailer
Pro
-
Broadcast or Streaming of Live
Sporting Events (UFC, NASCAR, FIFA,
NFL, MLB, NBA, WWE, WWF, etc)
Simple Pimple
McNerd services, including all related
equipment, networks and network devices
are provided only for authorized
customer use. Simple Pimple McNerd
systems may be monitored for all lawful
purposes, including to ensure that use
is authorized, for management of the
system, to facilitate protection against
unauthorized access, and to verify
security procedures, survivability, and
operational security. During monitoring,
information may be examined, recorded,
copied and used for authorized purposes.
Use of Simple Pimple McNerd system(s)
constitutes consent to monitoring for
these purposes.
Any account
found connecting to a third party
network or system without authorization
from the third party is subject to
suspension. Access to networks or
systems outside of your direct control
must be with expressed written consent
from the third party. Simple Pimple
McNerd may, at its discretion, request
and require documentation to prove
access to a third party network or
system is authorized.
We reserve
the right to refuse service to anyone.
Any material that, in our judgment, is
obscene, threatening, illegal, or
violates our terms of service in any
manner may be removed from our servers
(or otherwise disabled), with or without
notice.
Failure to
respond to email from our abuse
department within 48 hours may result in
the suspension or termination of your
services. All abuse issues must be dealt
with via trouble ticket/email and will
have a response within 48 hours.
If in doubt
regarding the acceptability of your site
or service, please contact us at
abuse@
SimplePimpleMcNerd.com and we will be
happy to assist you.
Potential
harm to minors is strictly forbidden,
including but not limited to child
pornography or content perceived to be
child pornography (Lolita):
Any site
found to host child pornography or
linking to child pornography will be
suspended immediately without notice.
Resellers: we
will suspend the site in question and
will notify you so you may terminate the
account. We will further monitor your
activity; more than one infraction of
this type may result in the immediate
termination of your account.
Direct
customers: Your services will be
terminated with or without notice.
Violations
will be reported to the appropriate law
enforcement agency.
It is your
responsibility to ensure that
scripts/programs installed under your
account are secure and permissions of
directories are set properly, regardless
of installation method. When at all
possible, set permissions on most
directories to 755 or as restrictive as
possible. Users are ultimately
responsible for all actions taken under
their account. This includes the
compromise of credentials such as user
name and password. It is required that
you use a secure password. If a weak
password is used, your account may be
suspended until you agree to use a more
secure password. Audits may be done to
prevent weak passwords from being used.
If an audit is performed, and your
password is found to be weak, we will
notify you and allow time for you to
change/update your password.
3.) Zero
Tolerance Spam Policy
We take a zero tolerance stance against
sending of unsolicited e-mail, bulk
emailing, and spam. "Safe lists" and
purchased lists will be treated as spam.
Any user who sends out spam will have
their account terminated with or without
notice.
Sites
advertised via SPAM (Spamvertised) may
not be hosted on our servers. This
provision includes, but is not limited
to SPAM sent via fax, email, instant
messaging, or usenet/newsgroups. No
organization or entity listed in the
ROKSO may be
hosted on our servers. Any account which
results in our IP space being
blacklisted will be immediately
suspended and/or terminated.
Simple Pimple
McNerd reserves the right to require
changes or disable as necessary any web
site, account, database, or other
component that does not comply with its
established policies, or to make any
such modifications in an emergency at
its sole discretion.
Simple Pimple
McNerd reserves the right to charge the
holder of the account used to send any
unsolicited e-mail a clean up fee or any
charges incurred for blacklist removal.
This cost of the clean up fee is
entirely at the discretion of Simple
Pimple McNerd.
4.)
Payment Information
You agree to supply appropriate payment
for the services received from Simple
Pimple McNerd, in advance of the time
period during which such services are
provided. You agree that until and
unless you notify Simple Pimple McNerd
of your desire to cancel any or all
services received, those services will
be billed on a recurring basis. This
includes when accounts are suspended.
When an account's invoices are paid
outside of the 10 day grace period,
invoices will not be automatically
generated. However, after the customer
notifies Simple Pimple McNerd of his or
intent to resume service, invoices will
be manually generated and payment
expected for the time the account was
suspended.
Cancellations
must be done in writing via email
cancel@simplepimplemcnerd.com
provided. Once we receive your
cancellation and have confirmed all
necessary information with you via
e-mail, we will inform you in writing
(typically email) that your account has
been canceled. Your cancellation
confirmation will contain a
ticket/tracking number in the subject
for your reference, and for verification
purposes. You should immediately receive
an automatic "Your request has been
received..." email with a tracking
number. An employee will confirm your
request (and process your cancellation)
shortly thereafter. If you do not hear
back from us, or do not receive the
automatic confirmation email within a
few minutes after submitting your
cancellation, please contact us
immediately via 832-378-8334 We require
that cancellations of service are done
through the online form to (a) confirm
your identity, (b) confirm in writing
you are prepared for all files/emails to
be removed, and (c) document the
request. This process reduces the
likelihood of mistakes,
fraudulent/malicious requests, and
ensures you are aware that the files,
emails, and account may be removed
immediately after a cancellation request
is processed.
As a client
of Simple Pimple McNerd, it is your
responsibility to ensure that your
payment information is up to date, and
that all invoices are paid on time. You
agree that until and unless you notify
Simple Pimple McNerd of your desire to
cancel any or all services received (by
the proper means listed in the
appropriate section of the Terms of
Service), those services will be billed
on a recurring basis, unless otherwise
stated in writing by Simple Pimple
McNerd. Simple Pimple McNerd reserves
the right to bill your credit card or
billing information on file with us.
Simple Pimple McNerd provides a 10 day
grace period from the time the invoice
is generated and when it must be paid.
Any invoice that is outstanding for 10
days and not paid will result in a $10
late fee and/or an account suspension
until account balance has been paid in
full. The $10 late fee is applied in
addition to whatever else is owed to
Simple Pimple McNerd for services
rendered. Access to the account will not
be restored until payment has been
received.
It is the
customer's responsibility to notify our
sales team via email at
McNerd@SimplePimpleMcNerd.com after
paying for a domain renewal and to
ensure the email is received and acted
upon. Domain renewal notices and
invoices are provided as a courtesy
reminder and Simple Pimple McNerd cannot
be held responsible for failure to renew
a domain or failure to notify a customer
about a domain's renewal.
Invoices that
have been paid more than once with
multiple Paypal Subscriptions can only
be added as credit towards the account
and cannot be refunded via Paypal. If
you require assistance with this
provision, please contact
McNerd@SimplePimpleMcNerd.com
Simple Pimple
McNerd reserves the right to change the
monthly payment amount and any other
charges at anytime.
5.)
Backups and Data Loss
Your use of this service is at your sole
risk. Our backup service is ran on
Sunday of each week, overwrites any of
our previous backups made, and only one
week of backups are kept. This service
is provided to you as a courtesy. Simple
Pimple McNerd is not responsible for
files and/or data residing on your
account. You agree to take full
responsibility for files and data
transferred and to maintain all
appropriate backup of files and data
stored on Simple Pimple McNerd servers.
Backups will not be provided for
accounts that have been suspended or
terminated for any reason unless
otherwise agreed to in writing by Simple
Pimple McNerd.
6.)
Cancellations and Refunds
Simple Pimple McNerd reserves the right
to cancel, suspend, or otherwise
restrict access to the account at any
time with or without notice.
Any abuse
of our staff in any medium or format
will result in the suspension or
termination of your services.
Customers may
cancel at any time via a
cancell@simplepimplemcnerd.com. Simple
Pimple McNerd gives you an unconditional
45 day money back guarantee on managed
shared hosting, and reseller solutions
for any customer who paid the first
invoice with a credit card or with
Paypal.
The following
methods of payments are non-refundable,
and refunds will be posted as credit to
the hosting account:
- Bank
Wire Transfers
- Western
Union Payments
- Checks
- Money
orders
There are no
refunds on dedicated servers,
administrative fees, install fees for
custom software, or domain name
purchases. Refund requests for shared
and reseller accounts after the initial
45 days will be refunded on a prorated
basis of any unused time.
Only
first-time accounts are eligible for a
refund. For example, if you've had an
account with us before, canceled and
signed up again, you will not be
eligible for a refund or if you have
opened a second account with us.
Violations
of the Terms of Service will waive the
refund policy.
7a.)
Resource Usage
User may not:
1) Use 25% or more of system resources
for longer then 90 seconds. There are
numerous activities that could cause
such problems; these include: CGI
scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended
server-side processes at any point in
time on the server. This includes any
and all daemons, such as IRCD.
3) Run any type of web spider or indexer
(including Google Cash / AdSpy) on
shared servers.
4) Run any software that interfaces with
an IRC (Internet Relay Chat) network.
5) Run any bit torrent application,
tracker, or client. You may link to
legal torrents off-site, but may not
host or store them on our shared
servers.
6) Participate in any
file-sharing/peer-to-peer activities
7) Run any gaming servers such as
counter-strike, half-life,
battlefield1942, etc
8) Run cron entries with intervals of
less than 15 minutes.
9) Run any MySQL queries longer than 15
seconds. MySQL tables should be indexed
appropriately.
Users are
strongly recommended to:
9) When using PHP include functions for
including a local file, include the
local file rather than the URL. Instead
of
include("http://yourdomain.com/include.php")
use include("include.php")
10) To help reduce usage, do not force
html to handle server-side code (like
php and shtml).
11) Only use https protocol when
necessary; encrypting and decrypting
communications is noticeably more
CPU-intensive than unencrypted
communications.
7b.)
INODES
The use of more than 250,000 inodes on
any shared account may potentially
result in a warning first, and if no
action is taken future suspension.
Accounts found to be exceeding the
100,000 inode limit will automatically
be removed from our backup system to
avoid over-usage, however databases will
still be backed up. Every file (a
webpage, image file, email, etc) on your
account uses up 1 inode.
Sites that
slightly exceed our inode limits are
unlikely to be suspended; however,
accounts that constantly create and
delete large numbers of files on a
regular basis, have hundreds of
thousands of files, or cause file system
damage may be flagged for review and/or
suspension. The primary cause of
excessive inodes seems to be due to
users leaving their catchall address
enabled, but never checking their
primary account mailbox. Over time, tens
of thousands of messages (or more) build
up, eventually pushing the account past
our inode limit. To disable your default
mailbox, login to cPanel and choose
"Mail", then "Default Address", "Set
Default Address", and then type in:
:fail: No such user here.
7c.)
Backup Limit
Any shared account using more than 20
gigs of disk space will be removed from
our off site weekly backup with the
exception of Databases continuing to be
backed up. All data will continue to be
mirrored to a secondary drive which
helps protect against data loss in the
event of a drive failure.
8.)
Bandwidth Usage
You are allocated a monthly bandwidth
allowance. This allowance varies
depending on the hosting package you
purchase. Should your account pass the
allocated amount we reserve the right to
suspend the account until the start of
the next allocation, suspend the account
until more bandwidth is purchased at an
additional fee, suspend the account
until you upgrade to a higher level of
package, terminate the account and/or
charge you an additional fee for the
overages. Unused transfer in one month
cannot be carried over to the next
month.
9a.) Money
back Guarantee
On dedicated servers and collocation a
prorated amount to be refunded.
Each of
Simple Pimple McNerd managed shared
hosting packages carry a 30 day
unconditional money back guarantee on
them. If you are not completely
satisfied with our services within the
first 30 days of your service, you will
be given a full refund of the contract
amount. Remember, this is only for
monthly shared. Dedicated servers are
prorated. Administrative fees, install
fees for custom software, or domain name
purchases are not refunded.
Simple Pimple
McNerd will not activate new orders or
activate new packages for customers who
have an outstanding balance with Simple
Pimple McNerd. For a new order to be
setup or a new package to be activated,
you must have a balance of $0.00, unless
otherwise stated by Simple Pimple McNerd
in writing.
9b.)
Uptime Guarantee
If your shared / reseller server has a
physical downtime that is not within the
99.9% uptime you may receive one month
of credit on your account. Approval of
the credit is at the discretion of
Simple Pimple McNerd dependent upon
justification provided. Third party
monitoring service reports may not be
used for justification due to a variety
of factors including the monitor's
network capacity/transit availability.
The uptime of the server is defined as
the reported uptime from the operating
system and the Apache Web Server which
may differ from the uptime reported by
other individual services. To request a
credit, please contact
mcnerd@simplepimplemcnerd.com with
justification. All requests must be made
in writing via email. Uptime guarantees
only apply to shared / reseller
solutions. Dedicated servers are covered
by a network guarantee in which the
credit is prorated for the amount of
time the server is down which is not
related to our uptime guarantee.
10.)
Dedicated Servers
Simple Pimple McNerd reserves the right
to reset the password on a dedicated
server if the password on file is not
current so that we may do security
audits as required by our datacenter. It
is the responsibility of the client to
ensure that there is a valid email
address and current root password on
file for their dedicated server on file
to prevent downtime from forced password
resets. Simple Pimple McNerd reserves
the right to audit servers as needed and
to perform administrative actions at the
request of our datacenter. Dedicated
servers are NOT backed up by us and it
is the responsibility of the client to
maintain backups or have a solution for
this. You may purchase an additional
hard drive and maintain backups to it as
the simplest solution. Please contact
mcnerd@simplepimplemcnerd.com if you
wish to obtain a secondary hard drive.
It is your responsibility to maintain
backups.
11.) Price
Change
The amount you pay for hosting will
never increase from the date of
purchase. We reserve the right to change
prices listed on hostgator.com, and the
right to increase the amount of
resources given to plans at any time.
12.)
Coupons
Discounts and coupon codes are reserved
for first-time accounts *or first-time
customers* only and may not be used
towards the purchase of a domain
registration unless otherwise specified.
If you have signed up using a particular
domain, you may not resign up for that
domain using another coupon at a later
date. Any account found in violation of
these policies will be reviewed by our
sales department and the appropriate
invoices will be added to the account.
Coupon abuse will not be tolerated and
may result in the suspension or
termination of the account. Coupons or
discounts are only valid towards the
initial purchase, and do not affect the
renewal or recurring price.
13a.)
Indemnification
Customer agrees that it shall defend,
indemnify, save and hold Simple Pimple
McNerd harmless from any and all
demands, liabilities, losses, costs and
claims, including reasonable attorney's
fees asserted against Simple Pimple
McNerd, its agents, its customers,
officers and employees, that may arise
or result from any service provided or
performed or agreed to be performed or
any product sold by customer, its
agents, employees or assigns. Customer
agrees to defend, indemnify and hold
harmless Simple Pimple McNerd r against
liabilities arising out of; (1) any
injury to person or property caused by
any products sold or otherwise
distributed in connection with Simple
Pimple McNerd; (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 customers from Simple
Pimple McNerd server.
13b.)
Arbitration By using
any Simple Pimple McNerd services, you
agree to submit to binding arbitration.
If any disputes or claims arise against
Simple Pimple McNerd or its
subsidiaries, such disputes will be
handled by an arbitrator of Simple
Pimple McNerd choice. An arbitrator from
the American Arbitration Association or
the National Arbitration Forum will be
selected in the state of Texas.
Arbitrators shall be attorneys or
retired judges and shall be selected
pursuant to the applicable rules. All
decisions rendered by the arbitrator
will be binding and final. The
arbitrator's award is final and binding
on all parties. The Federal Arbitration
Act, and not any state arbitration law,
governs all arbitration under this
Arbitration Clause. You are also
responsible for any and all costs
related to such arbitration.
14.)
Disclaimer
Simple Pimple McNerd shall not be
responsible for any damages your
business may suffer. Simple Pimple
McNerd makes no warranties of any kind,
expressed or implied for services we
provide. Simple Pimple McNerd disclaims
any warranty or merchantability or
fitness for a particular purpose. This
includes loss of data resulting from
delays, no deliveries, wrong delivery,
and any and all service interruptions
caused by Simple Pimple McNerd and its
employees.
15.)
Disclosure to law enforcement
Simple Pimple McNerd may disclose any
subscriber information to law
enforcement agencies without further
consent or notification to the
subscriber upon lawful request from such
agencies. We will cooperate fully with
law enforcement agencies.
16.)
Changes to the TOS
Simple Pimple McNerd reserves the right
to revise its policies at any time
without notice.
Revised:
09/01/2011
www.SimplePimpleMcNerd.com Copyright ©
2000-2011
E-mail: mcnerd@simplepimplemcnerd.com