Service Agreement
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This is a legal document. All Simplex Digital LLC customers (Simplex Web Host) are bound by it! (Please read it!)
You must read and agree to all terms in this document before using our services. By using or continuing to use Simplex Digital LLC (Simplex Web Host) services, you are automatically agreeing to the terms of this document!
1. What is this?
The agreement below is a legal agreement between Simplex Digital LLC (Simplex Web Host) and all of our customers. If you use any service provided by or affiliated with Simplex Digital LLC or Simplex Web Host, you are legally bound by this agreement. Read it carefully before signing up and ensure that you understand and agree to all parts. Use of our services implies agreement with this contract!
This agreement is between you (hereinafter “you”, “your” or “beneficiary”) as beneficiary and Simplex Digital LLC (hereinafter referred to as “us”, “our”, “Simplex”, “Simplex Web Host”, “Simplex Web Hosting” or “provider”) as a provider of hosting services (shared hosting, virtual servers or dedicated servers). Using our services is the subject of this contract.
This Agreement, whose provisions and clauses agreed in the contractual freedom under the law has been established by our mutual agreement and in compliance with the law.
This contract serves as the legal basis for all services provided by Simplex Digital LLC (Simplex Web Host).
2. Questions?
Any questions regarding this agreement should be sent to Simplex Digital LLC’s (Simplex Web Host) sales department prior to signing up for service at sales@simplexwebhost.com.
3. SERVICE AGREEMENT
THIS AGREEMENT (“Agreement”) is made and effective as of the date of acceptance, by and between you (“Client”) and Simplex Digital LLC (Simplex Web Host).
WHEREAS, Simplex Digital LLC (Simplex Web Host) owns, distributes and provides various products and services for conducting business on the Internet including shared, reseller and dedicated web hosting, licensing, and the Simplex family of services (hereinafter collectively referred to as the “Services”).
WHEREAS, Client desires to utilize some or all of the Services to develop, enhance or maintain Client’s business and/or presence on the Internet.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
4. Simplex SERVICES
Simplex agrees to provide to Client the Services agreed upon between Simplex Digital LLC (Simplex Web Host) and Client as selected by Client in Simplex’s customer database and/or ordering system as displayed on our website and within the Client Area.
5. PAYMENT AND INVOICING
5.1 In consideration of the performance of the Services, Client shall pay Simplex Digital LLC (Simplex Web Host) in advance the amount set forth in Simplex’s customer database and/or order confirmation, as such records are amended from time to time for the Services during the term of this Agreement.
5.2 Client is responsible for all activities and charges resulting from Client’s use of the Services. Client agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by Client and set forth in the billing statement. In the event of a breach of security, Client will remain liable for any unauthorized use of the Services until Client notifies Simplex Digital LLC (Simplex Web Host) by sending an email with account information to sales@simplexwebhost.com.
5.3 Current rates for using the Services may be obtained on our website. Simplex Digital LLC (Simplex Web Host) reserves the right to change fees, surcharges, or to institute new fees at any time. In addition, Simplex Digital LLC (Simplex Web Host) may institute special trial offers, from time to time, that shall be reflected in the confirmation sent to Client upon sign up. If Simplex Digital LLC (Simplex Web Host) does not receive the full amount of Client’s Service account balance, Simplex Digital LLC (Simplex Web Host) may suspend and/or terminate Client’s account immediately without further notice to Client.
5.4 All hosting services renew automatically unless otherwise stated. The Client may opt out of automatic renewals by contacting our Billing department at billing@simplexwebhost.com.
6. RESPONSIBILITIES AND RIGHTS OF SIMPLEX
6.1 Means of Performance. Simplex shall provide Client with Simplex hosting services as described on our website and within our Client Area. Simplex has the right to control and direct the means, manner, and method by which the hosting services are performed. Server locations may vary depending on the service type and may change from time to time. Simplex retains the right to alter the default location for accounts at its discretion as needed.
6.2 Support. Simplex shall provide a reasonable level of technical support to Client via email and/or LiveChat for the term of this Agreement.
6.3 Uptime Guarantee. “Uptime” refers to the amount of time the Services are available, as measured solely and only by Simplex’s internal monitoring systems. We will not accept third-party uptime monitoring systems as evidence that you are entitled to compensation. “Downtime” refers to the amount of time the Services are unavailable, as measured solely and only by Simplex’s internal monitoring systems. Simplex guarantees networking and services connectivity uptime of 99.99% on an annual basis. If we fall below the guaranteed uptime, we will compensate you as follows:
- 99.99% – 99.00% uptime: 1 month free hosting
- Below 99.00% uptime: An additional month of free hosting for every 1% of uptime lost below 99.00%
In the event such level of service is not provided, Simplex will offer compensation as determined in the chart above, and only for your Simplex hosting Services, but not for any of the following products and additional services: domain name registration, software licenses, set up fees, remote backups, SSL Certificates, labor charges, and other services which are unrelated to hosting service uptime.
Compensation is limited to the length of your current billing cycle, but cannot exceed twelve (12) months for the affected hosting services.
To receive compensation, you must make a request by creating a ticket with our Billing department within your Client Area. Each request in connection with this Agreement must include the dates and times of the Downtime, and the name and IP address of the server or servers which experienced the Downtime. The request must be received by Simplex within ten (10) business days after the incident of Downtime. If the unavailability is confirmed by Simplex, compensation will be applied to your Simplex account within thirty (30) days of receipt of the request.
The provisions of the Agreement pertaining to Force Majeure are unaffected by these terms referring to Uptime Guarantee. Moreover, downtime caused by any of the following shall not result in any obligation by Simplex to provide credit to you:
- Emergency maintenance
- Scheduled maintenance
- System or hardware upgrades
- DNS problems outside of Simplex’s control
- Issues with FTP, POP, IMAP, or SMTP customer access
- Acts or omissions by you or any of your employees or agents resulting in downtime
- Any negligence, willful misconduct, or use of the services in breach of Simplex’s acceptable use policies
- Problems with users’ web browsers, DNS, or caching that might make it appear the Services are unavailable even though others can still access the servers
- Distributed denial of service (DDoS) attacks, hacker attacks, and other similar events
- Downtime caused when you reach the maximum resources allocation for your plan
6.4 Other Work. Simplex has the right to perform and license products to others during the term of this Agreement. Simplex may elect to electronically monitor the hosting services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate the hosting services and protect its Clients. Simplex reserves the right to block any site hosted by Simplex that contains any content that Simplex deems in its sole discretion to be unacceptable or undesirable.
7. RESPONSIBILITIES AND RIGHTS OF CLIENT
7.1 Client. Client represents and warrants that (i) Client is at least eighteen (18) years of age, (ii) Client possesses the legal right and ability to enter into this Agreement, and (iii) the performance of Client’s obligations and use of the Services by Client, its customers and users, will not violate any applicable laws, regulations or the rules and regulations, cause a breach of any agreement with any third parties, or unreasonably interfere with other Simplex clients’ use of Services. Client assumes all risks related to the processing of transactions related to electronic commerce. Client agrees to provide Simplex with accurate, complete and updated information required by registration, including Client’s legal name, address, telephone number(s), and applicable payment data. Client agrees to notify Simplex within thirty (30) days of any changes in Client’s registration data.
7.2 Breach of Warranties. In the event of the breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Simplex will have the right, in its sole discretion, to suspend or terminate immediately any Services.
7.3 Fees and Expenses. Client shall be responsible for payment of all costs, fees, and expenses assessed by third parties in the course of being provided Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which may be governed by separate agreements with third-party registrars.
7.4 Third-Party Software. Third-party software available through the Services may be governed by separate end user licenses. By using the Services and any third-party software, the Client agrees to be bound by the terms of such licenses. Client consents and authorizes Simplex to delegate the authorizations Client provides to Simplex to its third party service provider(s) as deemed necessary to provide the applicable Services. Client agrees that the terms and conditions of this Agreement inure to the benefit of such third party service providers, who are deemed third party beneficiaries of this Agreement. References to “Simplex” in this Agreement are also deemed to include, where applicable, Simplex’s agents and third party service providers.
7.5 Advertising, Solicitation, and Client Name Harvesting. The Client may not use the Services to send unsolicited advertising, promotional materials, or other forms of solicitation to Simplex clients or other Internet users unless the Client receives the express permission of such individuals. The Client may not use unsolicited advertising to advertise a site hosted on the Simplex network. The Client may not use the Services to collect or “harvest” usernames of Simplex clients or other Internet users without express prior permission. Simplex reserves the right to block or filter mass email solicitations sent from sites hosted on the Simplex network.
7.6 Management of Site. Client shall be solely responsible for all content available on or through its site and shall be subject to this Agreement, Simplex’s Terms of Service (“TOS”), and any applicable guidelines and service standards published by Simplex. Client warrants that its site hosted on the Simplex network (i) will conform to Simplex’s TOS; (ii) will not infringe and will not contain any content that infringes on or violates any third-party right; and (iii) will not contain any content which violates any applicable law, rule, or regulation. Simplex shall have no obligation to review or monitor content. Simplex reserves the right to block any site that violates the above, or which Simplex deems objectionable, offensive, unlawful, or in violation of Simplex policies, or to terminate this Agreement in accordance with Section 9 herein.
7.7 Compliance Laws. Client agrees that it will use the Services only for lawful purposes and in accordance with this Agreement and applicable laws. The TOS are incorporated herein and made part hereof by reference. Simplex may update the TOS with notice, including by posting updates on our website. Client agrees that it has received, read, and understands the current version of the TOS.
7.8 Proprietary Rights. Unless otherwise specified, all work performed hereunder by Simplex is the property of Simplex, and all title and interest therein shall vest in Simplex. To the extent title may not vest by operation of law, all rights, title, and interest are irrevocably assigned to Simplex. Simplex may obtain and hold in its own name applicable protections (including copyrights and trademarks) as appropriate. Client agrees to give Simplex reasonable assistance, at Simplex’s expense, as required to perfect such rights.
8. LIMITATION OF LIABILITY, NO OTHER WARRANTY, AND DISCLAIMER
8.1 Limitation. In the event that any limited guarantees are provided by Simplex, such limited guarantees are null and void if Client fails to follow Simplex’s TOS and other policies or otherwise breaches this Agreement in any respect.
8.2 Backups. Simplex performs regular backups for certain services; however, these backups are for administrative purposes only and are in NO WAY GUARANTEED. Customers are responsible for maintaining their own backups. Simplex does not provide compensation for lost or incomplete data in the event backups do not function properly, even if due to negligence. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up independently. We make no guarantees about backup availability.
8.3 No Other Warranty. Simplex does not monitor or exercise control over the content transmitted through its facilities. Use of the Services is at Client’s own risk. The Services are provided on an “as is” basis. Except as provided in order forms, Simplex disclaims all express and implied warranties, including merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from course of dealing, usage, or trade practice. Simplex does not represent or warrant that the Services will be uninterrupted, error-free, or completely secure.
8.4 Third-Party Networks. Simplex does not and cannot control the flow of information to or from Simplex’s network and other portions of the Internet. Such flow depends in large part on performance by third parties. Actions or inactions by third parties may impair or disrupt Client connections. Simplex cannot guarantee that such events will not occur and disclaims liability resulting from such events.
9. INDEMNIFICATION
Client agrees to indemnify, defend and hold Simplex and its affiliates, agents, employees, and licensors (including third party service providers) harmless from any and all claims, demands, losses, costs or expenses (including attorneys’ fees) arising out of Client’s violation of this Agreement, applicable laws or regulations, or any other person’s rights including, but not limited to, infringement of any copyright or violation of proprietary or privacy rights.
Under no circumstances, including but not limited to negligent acts, will Simplex or its affiliates, agents, employees, or licensors be liable for damages of any kind resulting from use of, or inability to use, Services, even if advised of the possibility of such damages.
In no event will Simplex or its service providers be liable to Client or any third party for any tort, contract or other liability arising in connection with the use of the Services, reliance on information provided, or any other matter relating to the Services.
Because some states prohibit limitation of liability for consequential or incidental damages, in such states the limitation may not apply, and liability will be limited to the greatest extent allowable under applicable law.
In the event a court or arbitration panel holds that limitations of liability or remedies are unenforceable, Client expressly agrees that the total, aggregate liability of Simplex and its providers, employees, distributors, agents or affiliates for any cause whatsoever shall not exceed $100 (USD), regardless of form of action.
10. TERMINATION
10.1 Without Cause. This Agreement may be terminated by either party at any time during any Renewal Term for any or no reason upon either party giving to the other no less than five (5) days’ prior email notice of termination. Any and all payment obligations of Client for Services provided through the date of termination will immediately become due, and Client shall be required to prepay for any portion of the Services not yet paid that will be rendered during such five (5) day period.
10.2 For Cause. In addition to any other rights under this Agreement or law, Simplex may immediately terminate this Agreement or suspend service, effective without notice, in the event of (i) default in payment, or (ii) Client’s breach or failure to comply with the TOS or other policies. Client may terminate if Simplex breaches a material term after written notice. If terminated by Simplex under this section, all balance of the then current term shall immediately become due and payable. Simplex reserves the right to prohibit conduct or remove materials in violation of the TOS or believed illegal or potentially harmful.
10.3 No Liability for Termination. Neither party will be liable to the other for any termination or expiration of Services in accordance with this Agreement.
10.4 Survival. Sections pertaining to Client responsibilities, limitations of liability, indemnification, termination, and general provisions will survive any expiration or termination of this Agreement.
10.5 IP Address. Upon expiration, cancellation or termination of this Agreement, Client shall relinquish any IP numbers, addresses or address blocks assigned by Simplex or its suppliers (but not the URL or top level domain connected therewith). Simplex reserves the right to change or remove any such IP numbers, addresses or address blocks.
11. GENERAL
At Simplex, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days’ notice to find a new host.
11.1 Assignment. Client may not assign this Agreement or any rights or obligations hereunder without prior written consent of Simplex, and any attempted assignment shall be void. This Agreement shall be binding upon the parties’ successors and permitted assigns.
11.2 Notices. Any notices or communication under this Agreement shall be in writing and deemed delivered: (1) on delivery if delivered personally; (2) one business day after deposit with a commercial overnight carrier with verification; (3) five business days after mailing by U.S. mail, return receipt requested; or (4) on delivery if transmitted by confirmed email.
If to Simplex: billing@simplexwebhost.com
If to Client: To the Client address provided at account set-up.
11.3 Governing Law. This Agreement and future agreements, unless otherwise indicated, will be governed by the laws of the State of Texas, without regard to conflict of law principles, regardless of where Client resides. Unless governed by an applicable arbitration clause, Client agrees to submit to the personal and exclusive jurisdiction of courts located in Texas. If any part is unlawful, void or unenforceable, that part will be severable and will not affect remaining provisions.
11.4 Modifications. No modification, amendment, supplement, or waiver of this Agreement shall be binding unless made in writing and signed by both parties.
11.5 Waiver. Failure of either party to exercise any right shall not be deemed a waiver of any right.
11.6 Severability. If one or more provisions are invalid or unenforceable, remaining provisions shall be unimpaired.
11.7 Force Majeure. Simplex and its affiliates, agents, employees, or licensors shall not be liable for failure to perform any obligation if caused by contingencies beyond reasonable control, including fire, flood, strike, failure to transport, accident, war, riot, insurrection, act of God, or governmental order. Performance shall resume as soon as possible. If inability continues for fifteen (15) days, the other party may terminate without penalty.
11.8 Independent Contractors. The parties are independent contractors. Neither party is an agent, representative, or partner of the other. Neither party has authority to bind the other.
11.9 Terms of Service. Client agrees to be bound by Simplex’s Terms of Service for all Services and products used. The current TOS can be found on our website. If Client disagrees with updates, Client must notify Simplex of intent to terminate Services immediately.
11.10 Implied Agreement. CONTINUED USE OF THE SERVICES AND/OR PRODUCTS CONSTITUTES IMPLIED AGREEMENT WITH THIS AGREEMENT AND SIMPLEX’S TOS IN THEIR ENTIRETY. BY USING THE SERVICES, CLIENT AGREES TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS AGREEMENT AND THE TOS. CLIENT’S ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO TERMINATE THIS CONTRACT IMMEDIATELY IN ACCORDANCE WITH SECTION 10 HEREIN.
11.11 Entire Agreement. This Agreement and exhibits referenced set forth the entire agreement and supersede all prior agreements regarding the transactions herein. Neither party shall be bound by different terms in correspondence unless agreed in writing.
11.12 No Party Deemed Drafter. In the event any provision is construed by a court or arbitrator, no provision shall be construed more harshly against either party as drafter.
12. Exhibits
Exhibit A: Simplex Terms of Service (TOS)
Simplex’s current Terms of Service are available at the following link:
Terms of Service
Exhibit B: Simplex Resource Usage Policy (RUP)
Simplex’s current Resource Usage Policy is available at the following link:
Resource Usage Policy
13. Questions?
Any questions regarding this agreement should be sent to Simplex Digital LLC’s (Simplex Web Host) sales department before signing up for service at sales@simplexwebhost.com.
Document Revision History
- February 2026 – Initial publication of this document by Simplex Digital, LLC, doing business as Simplex Web Host.
- February 2026 – Clarified acceptable use, enforcement, and governing law provisions to ensure consistency with related policies, including the Terms of Service and Service Agreement.
- February 2026 – Editorial and formatting updates made for clarity, structure, and readability. No material changes to customer rights or obligations.
