Legal information.

Simpl. Hosting, a division of Loomo Marketing, and https://Simplhosting.ca/ (hereinafter “Simpl Web Site“, or “Simpl”), are operated by Loomo Marketing Inc. These Terms and Conditions of Service (hereinafter “Terms and Conditions“) are applicable to your access of the Simpl Web Site, and to your use of the services offered through the Simpl Web Site. By using any of the services or products provided or serviced by Loomo, you acknowledge that you have read, understood, and agree to be bound by our Terms and Conditions. 

The present Terms and Conditions have last been modified on February 27, 2023 and apply to all users.

1. Terms and Conditions

You must read and accept the present Terms and Conditions, Privacy Policy, and Acceptable Use Policy and any other policies applicable to other services, found at https://Simplhosting.ca/legal before you can use the Simpl Web Site or any Simpl services. By accessing and continuing to use any SIMPL services, you confirm your agreement to be subject to the Terms and Conditions. If you do not agree to these Terms and Conditions, please do not access or use any Simpl services.  

Simpl may need to modify these Terms and Conditions from time to time, to adapt to changing technologies, laws and/or regulations. Simpl may choose to provide the Client with a prior written notice if the changes significantly impact the Client’s services, but Simpl will do this solely at its own discretion and is in no way obligated to provide notice. Any changes to the Terms and Conditions shall enter into force within thirty (30) days of their publication on the Simpl Web Site.  

1.1. Eligibility Criteria of Simpl Services  

The services offered through the Simpl Web Site are available only to persons who have the legal capacity to contract, among others, without limiting the generality of the foregoing, our services are available only to persons aged 18 and over. If you are under the age of 18, you can use the SIMPL Web Site only with the permission and under the supervision of your parents or legal guardian. SIMPL also reserves the right to restrict the use of the Site to members who have been temporarily or permanently suspended. If your registration is made on behalf of a corporation, you certify that you are a duly authorized representative of that corporation.  

2. Account Creation, Maintenance, Modification and Cancellation

2.1. Account Creation  

You can create an account by filling in the form provided on the Simpl web site and contacting our sales team. Fees associated with our services can also be found on our web site at https://Simplhosting.ca.  

2.2. Accurate Information  

You agree to maintain and provide accurate personal and corporate information while you are using Simpl services. This includes your full name, current billing address, phone number and a working email address. You agree to update your information within ten days of any change.  

You agree that Simpl may use and rely on any such information provided by you for all purposes in connection with your services, subject to Simpl’s Privacy Policy. Should you provide any information that is inaccurate, misleading or incomplete, or if Simpl has reasonable grounds to suspect that your information is inaccurate, misleading or incomplete, SIMPL has the right, in its sole discretion, to suspend or terminate its services and/or close your account.  

2.3. Account Maintenance and Security  

You agree to use your account solely for lawful purposes and agree that you are fully responsible for all content and data on your account.  

You agree that you are fully responsible for maintaining the confidentiality of your customer and login information, password, credit card number (collectively the “Account Access Information”). You agree that you are entirely responsible for any and all activities that occur under your account. You agree to notify Simpl immediately of any unauthorized use of your account or of any other breach of security. You agree Simpl will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge. You also agree that you could be held liable for losses incurred by Simpl or another party due to someone else using your Account Access Information. Simpl advises you to keep your Account Access information in a secure location and take precautions to prevent others from gaining access and/or using your Account Access Information. You may not, under any circumstance, compromise the security of your account or of the Simpl infrastructure in any way.  

While Simpl has several measures in place to increase the availability and reliability of the data stored on its servers, you agree to maintain your own backup copies of all data stored on our servers and not to hold Simpl liable for any errors or interruption of services, whether within or outside of Simpl’s reasonable control.  

2.4. Responsibility for Content  

You agree that you are solely responsible for the content stored on and served on your Simpl account(s). You further agree that you are responsible for all activity in your account, whether initiated by you, by others on your behalf, or by any other means. Simpl disclaims liability for any activity in your account, whether authorized by you or not. For details on unauthorized activities, please consult our Acceptable Use Policy. 

2.5. Account Suspension and Cancellation 

Simpl can suspend or terminate without prior notice any accounts that do not comply with these Terms and Services in order to maintain a safe and secure environment for our clients.  

Simpl will attempt to notify you in case of account suspensions or cancellations. In some circumstances, Simpl may suspend an account without prior warning to avoid serious harm or service degradation. You may cancel your account and prevent an automatic renewal by requesting a cancellation at least 10 days prior to your service’s expiry date. The cancellation request must include all the necessary details to allow a Simpl agent to properly identify the account in question, including your full domain name and hosting account type.  

2.6. Backups  

For all services, Simpl provides courtesy backups to help protect your data.  

However, backups can occasionally fail. Under no circumstance will Simpl be held responsible for any loss resulting from incomplete or incorrect backups. By using Simpl services, you agree to maintain complete backups on your own computers of all data stored on SIMPL servers.  

Backups are offered as a courtesy service and while they are generally very effective, they cannot be guaranteed. Accounts using more than 10 Gigabytes of disk space or using more than 100,000 files may have their backup service automatically disabled in order to maintain system performance. On these accounts, courtesy backups may be reactivated by freeing up additional disk space and then contacting our Customer Service team.  

Simpl relies on specialized third-party backup software to manage the automatic backup process from your account or server onto the backup storage. Technical errors or problems can occasionally prevent the successful completion of a backup run. As such, you are strongly encouraged to regularly test the backup restoration process on your server and report any issues to Simpl’s support team.  

3. Privacy Policy

Simpl is committed to your privacy, and does not sell, trade or give out your personal information unless required as part of your service contract or by law. For our complete privacy policy, please see below.  

4. Acceptable Use Policy

In a shared web hosting environment, several clients must share server resources. As such, it is important not to use your hosting account in any way that may negatively affect other Simpl clients. Our Acceptable Use Policy (hereinafter “AUP”) describes what is and what is not allowed on our servers, and is available at https://Simplhosting.ca/legal 

5. SSL Certificates

The use and installation of WP Engine SSL Certificates offered by Simpl are subject to the terms and conditions of WP Engine. Following an SSL purchase, a Simpl technician will request a certificate on your behalf and attempt to complete its installation on your account. Unless otherwise requested prior to the installation, an SSL certificate will be installed and will work exclusively on the domain name or subdomain that was requested. SSL Certificates are non-transferable. The installation of an SSL certificate does not guarantee the use of encrypted https protocol throughout your website. Additional website configuration changes are recommended to fully make use of your certificate’s data encryption. 

6. Site Transfers

In most cases, Simpl can help move your website from any other compatible web hosting provider (also called a website migration). However, transfers are provided as a courtesy service, and Simpl cannot make guarantees regarding the availability, accuracy, possibility, or time required to complete such a transfer. Each hosting company is different, and some hosting platforms save data in an incompatible or proprietary format, which may make it difficult or 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 the transfer of data from an old host.  

7. Search Engine Listing

Simpl is not directly associated with any search engines and is not responsible for the ranking of your web site in search results. However, Simpl does offer certain Search Engine Optimization services that may assist you in obtaining favorable search engine rankings with specific search engines, using specific keywords. Simpl cannot guarantee specific results beyond what is described or guaranteed on the SIMPL Web Site.  

8. Service Guarantees

8.1. Money-back guarantee 

Simpl is fully committed to your satisfaction and offers the following money-back guarantee: if you are not 100% satisfied with the service obtained within 30 days of your purchase, Simpl will refund your hosting costs. The money-back guarantee applies exclusively to eligible services as described in the present Terms and Conditions.  

8.2. Guaranteed technical support in 24 hours or less  

Simpl guarantees a response to technical support questions received through our Support Ticketing system within a maximum of 24 hours during regular business operating days (Monday-Friday) (although we normally reply much faster than that!). This guarantee does not apply to incomplete support requests, requests that do not reach us (due to inappropriate use of the helpdesk support system), requests not directly linked to the services provided by us or that fall outside the scope of our service support, requests that have been responded to but require additional resolution time, or requests that cannot be answered due to causes outside of our direct control.  

If a technical request is not answered within this timeframe, Simpl can issue an account credit equivalent to 25% of your pre-tax monthly fees per incident, up to a maximum of 100% of your monthly hosting fees, following your written request. 

8.3. 99.9% Guaranteed Server Availability  

Simpl understands the importance of having a continuously available web site and guarantees a server availability (or “uptime”) of 99.9%, calculated monthly. Our services are considered available if they respond to external PING requests from at least two different external monitoring services.  

Any scheduled maintenance outage will not be considered when computing monthly uptime. Sporadic or localized outages due to Internet network conditions outside of our control will also not be considered when computing monthly uptime, nor will incorrect DNS or account manipulations by the Client, including programming errors or script errors.  

9. Renewals

SIMPL will generate renewal invoices automatically for all your active services at least 15 days prior to their expiration date. When we generate a new invoice, we’ll send you an email with a copy of the invoice and will also make the invoice available online.  

Unless otherwise requested, Simpl will attempt to charge the payment method on file 5 days prior to your invoice’s due date. If you do not wish to renew a service, please submit a service cancellation request at least 10 days prior to your service’s renewal date in order to avoid being charged for its renewal.  

By making any purchase by credit card or by adding a valid credit card to your account, you authorize Simpl to automatically attempt to charge this credit card for any upcoming or overdue invoices on your account, until otherwise requested. You may manage and remove your credit card information on file from your account at any time.  

Expired services can be suspended if left unpaid by their due date and may be permanently deleted, at Simpl’s sole discretion. Reactivating suspended services may incur additional fees.  

You must maintain an active email address on file with us at all times in order to receive important account information, including invoices and expiry notices. Services not paid on their due date risk being suspended, and may be terminated permanently shortly after, at Simpl’s sole discretion. Should you wish to reactivate your services after they have been suspended, a reactivation fee may apply.  

10. Payments

Simpl accepts payments by Visa, Mastercard, email transfer, and Paypal (which includes American Express). For amounts exceeding CAD $50.00, Simpl also accepts non-automated payments by check, Email Interac transfer, wire/bank transfer and direct deposits at an RBC branch.  

All payments must be made in Canadian dollars, unless stated otherwise. A first payment is required prior to the activation of a service, and all following invoices must be paid in full prior to their due date. Any overdue invoice with carry an interest of 2%, compounded monthly (corresponding to a yearly interest rate of 26.86%). Chargebacks or bounced checks due to insufficient funds will incur additional fees of C$35.00, plus taxes.  

All non-automated payments (checks, wire transfers, money orders, or Interac e-transfers) must be made for a minimum total amount of C$50.00. Any amount paid exceeding the invoiced amount will be added to your account in the form of account credit to be used for future payments. Non-automated payments of less than C$50.00 are subject to a C$20.00 administrative fee, plus applicable taxes.  

Occasionally, special promotions may be offered when ordering new services or account upgrades. Unless stated otherwise, promotional prices apply only to the initial payment cycle. Services renew at their regular rates, as shown on your invoice or in your product or service details. Special pricing promotions cannot be applied to renewals unless stated otherwise. Simpl reserves the right to cancel any promotional pricing for any user that attempts to circumvent its intended use or limitations, at Simpl’s sole discretion.  

11. Refund Policy

You can request a refund within the context of Simpl’s money-back guarantee by sending a written request through the Simpl contact form.  

Refunds can only be issued using the same payment method for payments made by credit card or Paypal. Payments made by check, money order, wire transfer, Western Union, Money Gram, or Interac Email Payments can only be refunded as credit on your Simpl account.  

Pre-paid funds cannot be refunded after the initial money-back guarantee period.  

Refunds will generally be issued by Simpl within 7 days following the reception of your refund request, but some banks or credit card providers may incur additional delays before making those funds available to you again. Setup and installation fees are non-refundable. Simpl will not issue refunds for the same type of product more than once per account.  

Billing errors can be refunded for a maximum retroactive period of 3 months. In the unlikely event that a billing error comes to your attention, you are encouraged to contact Simpl as quickly as possible to correct the error.  

12. Chargebacks and Reversals

In the event you issue a chargeback or reversal of charges with your banking institution you will be responsible for a $50.00 chargeback fee, plus the full amount of your original transaction, plus applicable taxes.  

Bounced checks returned by Simpl’s banking institution due to insufficient funds will incur a penalty of $35.00, plus the full amount of the original transaction, plus applicable taxes.  

All services on your account may be suspended and site ownership may be transferred to Simpl until the chargeback fee is settled in full.  

13. Disclaimer and Limitation of Liability

13.1. SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT, SIMPL DOESN’T (i) MAKE ANY REPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY SIMPL, EITHER DIRECTLY OR THROUGH A RESELLER, AND THE SIMPL WEB SITE, ITS CONTENT AND THE SERVICES AND (ii) ASSUME ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF COMPLIANCE OR NON-INFRINGEMENT. FURTHERMORE, SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT. WHEN USING OR WHEN SEEKING TO USE THE SIMPL WEB SITE, THE USER EXPRESSLY AGREES THAT SIMPL MAKES NO WARRANTY OR REPRESENTATIONS REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY SIMPL AND THE SIMPL WEB SITE’S CONTENT: (i) NO WARRANTY OR REPRESENTATION IS MADE WITH REGARD TO THE CONTENT OF THE SIMPL WEB SITE AND WITH REGARD TO ITS UP-TO-DATENESS, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE SIMPL WEB SITE, SIMPL INCLUDES LINKS TO OTHER WEB SITES FOR WHICH SIMPL HAS NO CONTROL. SIMPL DOES NOT ENDORSE OR REPRESENT, IN ANY WAY WHATSOEVER, THE PRODUCTS, SERVICES, CONTENT OR ACCURACY OF THE CONTENT FOUND ON SUCH WEB SITES AND USERS IRREVOCABLY WAVE BY THE PRESENT AGREEMENT ANY CLAIM AGAINST SIMPL IN CONNECTION WITH SUCH WEB SITES; AND (iii), SIMPL MAKES NO WARRANTY THAT ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SIMPL DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.  

13.2. SIMPL WILL IN NO EVENT BE LIABLE REGARDING THE SIMPL WEB SITE OR ANY OTHER RELATED WEB SITE, WITH RESPECT TO ANY PARTY OR FOR ANY DAMAGE OR HARM ATTRIBUTABLE TO (INCLUDING AND WITHOUT LIMITATION) A BREACH OF CONTRACT, ERROR, OMISSION, OR FOR DAMAGE OR OTHER DAMAGES THEREFORE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OF INFORMATION MANAGEMENT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES AND THAT, EVEN IF SIMPL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  

13.3. ALTHOUGH SIMPL ENDEAVOURS TO MAINTAIN THE ACCURACY OF THE INFORMATION, ERRORS CAN BE PRESENT. IN THE EVENT SIMPL NOTICES AN ERROR, IT WILL BE CORRECTED AS SOON AS POSSIBLE, AND THE CUSTOMERS CONCERNED WILL BE ADVISED ACCORDINGLY.  

14. Entire Agreement

This Agreement, related policies found at https://simplhosting.ca/legal and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, SIMPL MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency regarding this main agreement, any attachments, and/or any Service Order, the Service Order will take first priority and these Terms and Conditions will take second priority in interpreting the parties’ rights and obligations.  

15. Force Majeure

Simpl will make every effort to keep its web site and services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Simpl liable for any of the consequences of such interruptions.  

16. Trademarks and Copyrights

The names Simpl Hosting, Simpl, Simpl., SimplHosting.ca, Loomo, Loomo Marketing, and Loomo Marketing Inc. as well as the logos associated with these names are trademarks owned by Loomo Marketing Inc. Any use of these trademarks is strictly prohibited without the prior written consent of Simpl. In addition, all names and trademarks belonging to third parties and appearing on the Simpl Web Site are the property of their respective owners and may be used only with the consent of their respective owners. The Simpl Web Site, along with its contents, including text, images and the selection and arrangement of its data, are protected by copyright. You can view and download the information contained on the Simpl Web Site for your personal use and not for commercial purposes. Any other use, modification or copying of the Site, in whole or in part, without Simpl’s prior written consent is prohibited.  

17. Questions and Concerns

If you would like more information about Simple’s Terms and Conditions, please contact Simpl via our Contact page. Please contact us with your questions and concerns and we will deploy our best efforts to assist you.  

18. Complaints

Complaints or policy violations must be reported to [email protected] or by mail at Simpl Hosting, 21089 78 B Avenue Langley BC V2Y 0H8.  

19. Severability

Should any provision of these Terms and Conditions be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions.  

20. Applicable Law and Jurisdiction

This Agreement and its interpretation are subject to the laws of the province of British Columbia and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties must irrevocably submit all disputes arising out of this Agreement to the courts of the District of Vancouver, Province of British Columbia, including disputes regarding the Agreement’s interpretation and its effects.  

21. Non-Solicitation of Employees

During the time you are a client with us and for 12 months following you are not permitted to:  

  1. Encourage or solicit an Employee to complete work for you outside of the Company;
  2. Recruit or attempt to recruit an Employee of the Company;
  3. Hire or engage an Employee or former Employee whose employment agreement will have ended less than one year prior to the date of recruitment.

This document was last modified on February 27, 2023.

1. General

Simpl. Hosting (hereinafter “Simpl“) employs an Acceptable Use Policy (hereinafter “AUP“) to maintain the integrity and performance of its computer equipment. In a shared web hosting environment, several clients must share infrastructure resources. As such, it is important not to use your hosting account in a way that may negatively affect other Simpl clients. Our AUP describes what is and is not allowed on our servers. By using any of our services, you agree to comply with our AUP. Failure to comply with the AUP may result in account suspension or termination without prior notice. Simpl will remain the sole arbiter in what constitutes a breach of our AUP.

2. Illegal Activities

You may not use any of Simpl’s services for illegal purposes. You agree to comply with any applicable local, provincial, federal and international laws, government rules or requirements. You agree you will not be entitled to a refund of any fees paid to Simpl if, for any reason, Simpl takes corrective action with respect to your improper or illegal use of its services.

Simpl reserves the right at all times to disclose any information as Simpl deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Simpl’s sole discretion. For our complete privacy policy, please consult https://simplhosting.ca/legal/.

3. Spam Policy

Simpl has a zero-tolerance spam policy. It is forbidden to send unsolicited mail from or to our servers under any circumstance. Penalties amounting to a minimum of 150.00$, plus taxes, can be charged for a first offence, and penalties double for repeat offenders.

4. Email Delivery

Shared web hosting accounts are not designed to be used to send out large quantities of emails simultaneously, such as (but not limited to) order confirmation emails from your website. There is a limit to how many emails you can send per hour, per account. The number of emails per hour varies based on the plan you select. Emails sent beyond the authorized limit will not be delivered. If you would like to send larger quantities of legitimate commercial emails, please inquire with our sales team about implementing additional resources for your website/account.

A $150 administrative fee will be charged to your account if your public IP address gets listed in a public “blacklist” and we need to actively intervene in order to get it de-listed.

5. Backups

Simpl regularly backs up all hosting accounts on its servers, as described on the Simpl Web Site. Due to the resource-intensive nature of the backup process, Simpl cannot guarantee the regular and consistent back up and/or restore of accounts that exceed 20 giga-bytes (“GB”) of total data or more than 200,000 files (including emails, databases, regular files, statistics, and configuration files). Accounts that store more than 20 GB of data or more than 200,000 files risk no longer being backed up automatically. Manual backups will still be possible in most situations. To re-activate automatic backups, the Client must bring the total amount of data stored on their account to less than 20 GB of data and less than 200,000 files and contact our support department. Files exceeding 1 GB will not be included in the regular backups.

6. Resource Usage

In order to guarantee reliable service, Shared Hosting Accounts may not use more resources than what would be required by a regular website in the course of its regular activities. Accounts may not use more than 5% of the total Simpl system resources for a period longer than 60 seconds. This includes CPU cycles, RAM usage, disk space, and bandwidth. Accounts found to be exceeding the allowed resource usage may be suspended without prior notice in order to prevent serious service degradation. Simpl will attempt to notify the client whenever possible and work with them to resolve any resource usage problem. Often, these types of problems may be resolved by repairing a faulty script, disabling a resource-intensive application, or banning malicious IP addresses from your account. Clients consistently using excessive resources may be required to transfer their account on a separate dedicated or private server, where resource usage limits are not imposed.

Simpl server resources cannot be used for any other purpose than to serve data from your websites. Under no circumstance can the server resources be resold, or used for data processing outside of the context of serving web pages or other web-accessible content to your site’s visitors.

Please note that a shared hosting environment is not intended for extremely resource-intensive sites. In these cases, custom dedicated server solutions or virtual private servers are recommended.

7. Disk Space Usage

While we don’t impose fixed disk space limits, in order to protect our clients from users consuming an excessive amount of resources, we have established the following rules concerning the use of disk space on Shared Hosting accounts:

  • You may not use your web hosting space to store files that are not directly related to your website, and that are not linked to directly from at least one section of your website.
  • You may not store more than 5,000 immediate files in any given folder (or directory), or more than the total files allowed by your hosting account, as follows:
    • Starter web hosting: 100,000 files
    • Pro web hosting: 200,000 files
    • Enterprise web hosting: 300,000 files
  • You may not sell or offer free disk storage on our servers to third parties.
  • You may not increase your actual disk space usage by more than 10 GB in a 24-hour period without prior written notice.

8. Processes

All processes invoked by the web server, cron, shell or other should not exceed the following limits:

  • Open more than 64 files simultaneously;
  • Create core dumps;
  • Be executed continuously as a background process;
  • Execute more than 5 threads or sub-processes simultaneously;
  • Execute more than 5 consecutive URL rewrite rules.
  • Be executed for a period longer than 60 consecutive seconds

9. Databases

  • Database users are limited to 30 simultaneous connections.
  • Databases are limited to a maximum size of 1 GB and 1,000,000 records each.
  • The total number of database requests should not exceed 5,000 per hour.
  • Remote database access is only allowed for administrative purposes. It is forbidden to use databases hosted on Simpl servers in conjunction with scripts hosted elsewhere.

10. Allowed Software and Scripts

All software and scripts installed on your account must be free of vulnerabilities, viruses, and malware. Any software having vulnerabilities documented on the Internet is strictly forbidden on our servers. Simpl provides automatic installation tools that can handle automatic software updates shortly after updates are released by the vendors. However, it is ultimately solely your responsibility to maintain up-to-date versions of your software on your account.

Insecure scripts and software may be disabled by Simpl at any time without prior notice to prevent issues with the server’s security.

11. Unlawful Conduct or Improper Use

You agree not to use Simpl systems for any purpose that is unlawful or prohibited by this AUP, and you agree to comply with any applicable local, provincial, federal and international laws, government rules or requirements.

Simpl reserves the right to terminate services, in its sole discretion, if you are using the services, in association with spam or morally objectionable activities including, but not limited to:

  1. Activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties;
  2. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including Warez and any pirated content or tools;
  3. Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal;
  4. Misrepresenting or fraudulently representing products/services;
  5. Impersonating the identity of a third party;
  6. Illegal access to other computers or networks (i.e. hacking) and distribution of Internet viruses or similar destructive activities;
  7. Violating Canadian or American export control laws for software or technical information;
  8. Facilitating, aiding, or encouraging any of the above activities, whether using Simpl’s network or service by itself or via a third party’s network or service;
  9. Interference with a third party’s use of Simpl’s network or service, or ability to connect to the Internet or provide services to Internet users.

The following uses of our servers are strictly forbidden:

  1. Proxy servers;
  2. Auto-surf sites;
  3. IRC Servers.

12. Adult Content

Explicit or pornographic content is strictly forbidden from Accounts.

13. Downloads

You may not offer downloads of third-party software (i.e. software, games, or tools that were not directly created by you or for which you do not have an exclusive distribution agreement) from your hosting account. These are commonly referred to as “mirror” download sites. Instead, you are encouraged to link to the vendor’s original download site.

14. Chat Software

Due to the resource-intensive nature of these programs, you may not install and use real-time chat software on Simpl Hosting Accounts, unless this software was provided by us.

15. Cron Jobs

Cron jobs must not be scheduled more often than once every 10 minutes. Two or more separate Cron jobs may not be executed at the same time; a minimum of 5 minutes should separate two scheduled executions. You may not schedule a total of more than 5 cron jobs on any hosting account.

16. Violation

Simpl will, at its own discretion, determine what action will be taken in case of a violation of the AUP. Simpl reserves the right to suspend or terminate any account found to be violating the AUP without notice and without refund of any pre-paid fees. Violation of this AUP could also subject you to criminal or civil liability.

17. Rights Reserved

Simpl reserves the right to modify this AUP at any time without providing prior notice. You are responsible for all use of the Simpl services by yourself, your employees, agents, contractors, invitees and customers, whether such use is with or without your consent.

18. Questions and Concerns

If you would like more information about Simpl’s Acceptable Use Policy, please contact us via our helpdesk. We will deploy our best efforts to assist you.

19. How to Report Abuse

Please contact [email protected] or open a ticket in our helpdesk. Please ensure you include as much information as you can to assist our investigations. Complaints will be investigated within 24 hours of receipt, and we may follow up to obtain additional information. Unless we require additional information, you will not receive a reply or update from us.

20. Severability

Should any provision of these Terms and Conditions be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions.

21. Applicable Law and Jurisdiction

This Agreement and its interpretation are subject to the laws of the province of Quebec and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties must irrevocably submit all disputes arising out of this Agreement to the courts of the District of Montreal, Province of Quebec, including disputes regarding the Agreement’s interpretation and its effects.

Who We Are

Simpl. Hosting is a division of Loomo Marketing Inc., which trades under the name Simpl. Hosting (together with its agents, representatives, consultants, employees, officers, and directors — collectively, “Simpl”, “we”, or “us”) provides web hosting, website security, and website management services. We are a Canadian corporation based in Vancouver, Canada.

How This Policy Applies

This Privacy Policy describes the information we collect from you, how we use that information, and our legal basis for doing so. It also covers whether and how that information may be shared and your rights and choices regarding the information you provide to us.

Your Consent

By using our website, products, or services, you’re acknowledging that you have agreed to our Terms of Service and Acceptable Use Policy, that you have read and understood this Privacy Policy, and that you consent to your information being used for the purposes and for the manner described in this Privacy Policy. For children under the age of 16 to order or use our products or services, a parent or legal guardian must provide the above-mentioned consents on their behalf.

You may withdraw your consent to our management of your personal information, at any time, subject to legal and contractual restrictions, upon reasonable notice. However, such a withdrawal may reduce our ability to provide you with certain products and services. For more information on the implications of withdrawing your consent or to notify us of the withdrawal of your consent, please contact our team

What We Collect and Receive

For you to use our website, products, and services, we need to collect and process certain information. Depending on your use of our website, products, and services, this may include the following types of information.

General personal information

  • Information you provide by completing forms on our website — your name, company name, email and mailing addresses, telephone number, login, and password details. We may ask you for this information if you register for an account on our website, order our products or services, subscribe to our newsletters, login to our online “Helpdesk Area”, upload or submit content through our website (including the “Helpdesk Area”), or if you contact us.
  • Information you provide for identity verification purposes when contacting us or for the purposes of processing your payment. In some cases, our payment processor will request that you provide additional personal information to confirm your identity before payment can be processed.

Payment information

  • Details of any transactions you make through our website, products, or services. As part of a transaction, we may collect and store payment information, including credit card or bank account details (as applicable), expiration date, and country, which we require for payment processing, tax, and regulatory purposes.
  • We partner with other companies (such as QuickBooks, Stripe, and PayPal) for payment processing, and the payment information you submit is collected and used by them in accordance with their privacy policies.

Statistical and cookie information

  • Statistical information about the way visitors and users interact with our website, products, and services, in the form of website traffic analytics (i.e., Google Analytics). The analytics engine passively gathers visitor and user information, including your IP address; the type of device, operating system, and browser you use; and your activity on our website. This information helps us to improve our website, products, and services, allowing us to provide you with a more friendly and secure user experience. You can opt out of having your data used by Google Analytics here.
  • Cookies are small data files that are issued to your device when you visit a website and that store information about your use of the website. URL query strings are small amounts of data transmitted as part of a URL (e.g., website address) when you click on a hyperlink or submit a form in an internet browser.
  • We use cookies and other technologies (e.g., URL query strings) to help recognize you as a repeat visitor, to process items in your shopping cart, to recognize affiliates, to save your preferences for future visits to our website, and to compile aggregate statistical data about website traffic and interactions (see above), allowing us to provide you with a more friendly and secure user experience.
  • Cookies are stored in your device memory either over the long-term (e.g., to retain your website preferences from visit-to-visit) or as a temporary file which will be cleared from your device memory when you close your internet browser. You may choose to turn off the use of cookies via your internet browser preferences; however, our website, products, and services may no longer function properly if you choose to turn off the use of cookies. You may still place orders over the telephone or by otherwise contacting Customer Service.

Communication history information

  • Communications you send to us (e.g., technical support tickets, questions, or feedback).
  • Sensitive personal information
  • We ask that you do not send or disclose to us any sensitive personal information, including social insurance or social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, or trade union membership.

User content

  • User content uploaded, collected, stored, used, transferred, or disclosed in connection with our website, products, or services. Such content includes website and email content in connection with our web hosting, website creation, website security, email solutions and marketing products and services.

How We Use This Information

We use the information we collect from you for the following purposes:

  • To enable us to provide you with our website, products, and services.
  • To process transactions in connection with our website, products, and services. After a transaction, your personal information (e.g., credit card or financial information) may be kept on file in order to facilitate automated renewals. You may request that your credit card or financial information be deleted from our system and files at any point by contacting us.
  • To create and administer your account, contact you, and customize your experience on our website or while using our products or services.
  • To keep your account secure and protect our website, products, and services (including to prevent fraud and abuse).
  • To restore your account or data where it was accidentally or maliciously deleted, corrupted, or otherwise damaged.
  • To improve customer service by helping us to more effectively respond to your customer service requests and support needs.
  • To help promote our website, products, and services, if you’ve voluntarily provided a testimonial or review
  • To send you periodic emails concerning order information, product or service information, company news, promotions, and legal information.
  • To track and analyze the use of our website, products, and services so we can improve them and provide you with the best experience possible.
  • To meet regulatory requirements (e.g., tax laws).

European Union Users

Data protection law in Europe requires a “lawful basis” for collecting and retaining personal information from citizens or residents of the European Union. Our lawful bases include:

  • Performing the contract we have with you: We need your personal information to comply with our contractual obligation to deliver you our products or services.
  • Legal compliance: Sometimes the law says we need to collect and use your data. For example, tax laws require us to retain records of payments made for our products and services.
  • Legitimate interests: This is a technical term in data protection law which essentially means we have a good and fair reason to use your data and we do so in ways which do not hurt your interests and rights. We sometimes require your data to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and that does not materially impact your rights, freedom, or interests. For example, we may use identity, device, and location information to prevent fraud and abuse and to keep our website, products, and services secure. We may also send you promotional communications about our products or services, subject to your right to control whether we do so.
  • We analyze how users interact with our website, products, and services so we can better understand which elements of the design are working well and which are not working so well. This allows us to develop and improve the quality of the online experience we offer to all our users.

How Your Information Is Shared

We respect your privacy. We do not disclose, sell, trade, or otherwise transfer your personal information to third parties without your prior consent, except as described below.

Information that is shared publicly

We will not publicly display or reveal to other users your personally identifiable information without your explicit consent, except as described in this Privacy Policy.

We may use certain personal information for promotional purposes (e.g., testimonials on our website). When submitting testimonials through our website or our social media pages you agree that your name, testimonial and website address may be used without additional consent. We will not publicly disclose any of your sensitive information, including your account information, payment information, or personal contact information, without your explicit consent.

Non-personally identifiable visitor and user information may be provided to other parties for marketing, advertising, analytics, or similar purposes.

Information that is not shared publicly

The following data will not be publicly displayed or revealed to other users, except as described in this Privacy Policy:

  • Your personal information, including your contact information, residency or membership status, and password details.
  • Your payment information, including credit card details and transaction history.
  • Your communication history information, including any communications you send to us (e.g., technical support tickets, questions, or feedback).
  • Your sensitive personal information.

Information that is shared with trusted third-party services

We may share your information with certain trusted third-party services to help us provide, improve, promote, or protect our website, products, and services. When we share data with third-party services that support our delivery of our products and services, we require that they use your information only for the purposes we have authorized. We may also share information that is aggregated and anonymized in a way that does not directly identify you.

Our trusted third-party partners include:

  • Datacenter and data hosting providers.
  • Domain name registrars and registries (e.g., Canadian Internet Registration Authority).
  • Payment processors (e.g., PayPal).
  • Customer support service providers.
  • Website builder and search engine optimization service providers (e.g., Elementor.
  • SSL certificate and website protection service providers.
  • Email distribution and marketing service providers.
  • Analytics processors (e.g., Google Analytics).

Information that is shared to protect Simpl and comply with the law

We reserve the right to disclose personal information when we believe that doing so is reasonably necessary to comply with the law or law enforcement, to prevent fraud or abuse, or to protect the rights, property, or safety of Simpl, its employees, users, or others.

Links to other websites and services

Our website, products, or services may include links to other websites, products, or services (“External Websites”) whose privacy practices may differ from our own. When you use a link to an External Website, the privacy policy and data processing disclosures for that External Website govern. We assume no responsibility or liability for the interaction with and activities of an External Website. We seek to protect the integrity of our website, products, and services, and the safety of our users. We welcome any feedback that would help us do so, including feedback about External Websites.

Retention

We will retain your information as long as your account is active, as is necessary to provide you with our products or services, or as otherwise set forth in this Privacy Policy.

We may retain backups of your hosting account content for up to 9 months after your hosting service is cancelled or terminated. Backups may be used to restore your data or account in case the data or account is accidentally or maliciously deleted, corrupted, or otherwise damaged. If you wish your information to be deleted prior to the end of the above-mentioned period, please contact our team.

We will also retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, enforce our agreements, and protect our legal rights.

We also collect and maintain aggregated, anonymized, or pseudonymized information which we may retain indefinitely to protect the safety and security of our website, products, and services, improve them, or comply with legal obligations.

Data Transfers

Your personal information will be collected and stored in Canada, except as otherwise described in this Privacy Policy. However, we work with trusted third-party service providers (e.g., domain name registrars and registries) around the world to provide you with our products and services. Consequently, some of your personal information may be transferred to other countries for processing. We conform to industry standards to help ensure that your privacy is protected and that any transfers of personal information are safeguarded during transit and at the recipient processor.

These third-party countries have their own laws governing data protection and government access to information. The rules that protect your personal information under these laws may be different than in your home country.

If you choose to use our website, products, or services, you must agree to our Terms of Service, which set out the contract between Simpl and you. Further, you consent to having the necessary personal information transferred to trusted third-party service providers, located in Canada and other countries, for processing to provide you with the products and services for which you have contracted us.

Your Rights

Users residing in certain countries, including Canada and European Union member states, are afforded certain rights regarding their personal information. Except where an exception or exemption applies, these rights include your ability to access, correct, and request deletion of your personal information. While these rights are not applicable globally, all users of our products or services can manage and revise their personal information by contacting Customer Service. We may request that you provide us with personal information to verify your identity before we can disclose, change, or delete any personal information related to your account.

To modify or delete the personal information you have provided to us, please contact Customer Service.

To request an electronic copy of your personal information, please contact Customer Service.

To delete your account, please contact Customer Service. We may retain certain information as required by law or as necessary for our legitimate business purposes.

To opt out of having your personal information disclosed to third parties for direct marketing purposes, please contact our Team.

Residents of European Union member states have the right to restrict or object to the processing of their personal information under certain circumstances (e.g., to contest the accuracy of the data). They have the right to object to processing of their personal information for direct marketing purposes. To exercise any of these rights, please contact our Team.

Residents of European Union member states have the right to lodge a complaint with a supervisory authority (e.g., privacy office) in the country where they live, where they work, or where an alleged infringement took place, if they consider that the processing of their personal information has infringed European Union privacy law.

Email Notifications

We may send you email regarding your order information, product or service information, company news, promotions, and legal information.

We want to communicate with you only if you want to hear from us. We try to keep emails to a minimum and give you the ability to opt-in to any marketing communications we send. You may opt out of receiving marketing email communications by following the detailed unsubscribe instructions located at the bottom of each email or by contacting Customer Service and requesting to opt out.

From time to time, we may provide you with necessary information (e.g., service-related announcements or legal information) to which you will not be able to opt out.

Security

We take security seriously, and the security of your personal information is important to us. We employ a variety of security measures to maintain the safety of your personal information when you place an order with us or access your personal information.

  • Your personal information is stored on secure servers or in secure file storage.
  • All sensitive/credit information supplied via our website is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our database, only to be accessed by authorized personnel.

No method of transmission over the internet or electronic storage is completely secure, so we cannot guarantee its absolute security. Your account information is protected by a password, which you should choose carefully and keep secure. If you disclose your password to a third-party, you may lose considerable control over your personal information and you may risk that legally binding actions be taken on your behalf. If the security of your password has been compromised, for whatever reason, you should change it immediately.

We encourage the responsible disclosure of vulnerabilities of our website, products, or services by contacting our Team.

Children

You must be 13 years of age or older to register with us. We will not knowingly collect any personal information from children under the age of 13. However, if a child under the age of 13 provides us with personal information, upon written request by a parent or legal guardian, we will delete this information from our files.

If you are under the age of 16, before you may order or use our products or services, your parent or legal guardian must provide written consent on your behalf to our Terms of Service, Acceptable Use Policy, and this Privacy Policy. In particular, your parent or legal guardian must consent to your information being used for the purposes and for the manner described in this Privacy Policy.

Team

If you have any questions regarding our privacy practices, you may contact us by email at [email protected].

Changes to the Privacy Policy

We may revise this Privacy Policy from time to time to adapt it to our company, products and services, and legal requirements. We will notify you of any material changes either by displaying a notification on our website or by sending you an email. Any continued use of our website, products, or services after any changes are made to our Privacy Policy will mean that you accept the updated Privacy Policy.

Effective: February 27, 2023

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