This policy represents your web hosting agreement with 123 Simples, in addition to all emails exchanged between us and yourselves. Please retain your emails for future reference in the unlikely event of any dispute. This policy is subject to change, so please check regularly for updates. This policy is in addition to our
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From time to time, we (or our provisioning servers) may have to revise, change or update parts of the web hosting terms and conditions. Some parts of the web hosting terms and conditions are governed by our server provisions and therefore legally binding upon us, as well as our web hosting clients.
The Legal Position on sending Unsolictited E-Mails
1. 123 Simples does not authorise the use of its computer systems and network to accept, transmit or distribute unsolicited bulk email, also known as SPAM.
2. 123 Simples and their server providers reserves the right to determine what constitutes SPAM and terminate or suspend all services, without prior notice, of any customer disregarding this policy. YOU WILL BE CHARGED A FEE OF £50 PLUS AN ADDITIONAL £25 PER HOUR ADMINISTRATIVE CHARGES FOR ACCOUNTS TERMINATED OR SUSPENDED DUE TO SPAM, or as set out at the time by our service provider.
3. Shared Hosting Customers are permitted to send up to 500 emails per hour and a maximum of 25,000 emails per month. If you exceed these limits 123 Simples and their server providers reserves the right to suspend services, without prior notice, and charge overusage fees as set out by our server provider.
4. You will represent, undertake and warrant to 123 Simples and their server providers that any bulk-email, sent either using the services provided by 123 Simples and their server providers or to promote a website or domain held on the 123 Simples Network, will comply with the terms below. Any bulk-email that does not comply with these terms will be treated as SPAM and clause 2 of this policy will apply: -
4.1. Every email must clearly state who the sender is and give clear and precise instructions on how to be removed from receiving any further communications of the same or similar nature. The removal instructions shall be easy to understand and must aid and not hinder the subscriber.
4.2. You shall ensure that before the sending of any bulk-email you have received back a 'Subscription Confirmation Request' from each recipient's email address that proves that the recipient did in fact 'opt-in' to receiving communications of this kind. If you do not have such proof then it will be treated as SPAM and clause 1 of this policy will be applied.
4.3. You shall ensure the 'Subscription Confirmation Request' sent to the recipient to confirm 'opt in' of bulk-email shall not be an advertisement for products or services.
4.4. You shall ensure that any bulk email must comply fully with EU-based legislation, The Privacy and Electronic Communications (EC Directive) Regulations 2003.
5. To prevent the sending of bulk unsolicited email and to prevent the IP addresses of 123 Simples and their server providers being blocked by IP address blocking, then clause 2 of this policy will be applied, in the following scenarios: -
5.1. Where 123 Simples and their server providers has received any complaints concerning unsolicited email originating from a 123 Simples hosted domain.
5.2. Where 123 Simples and their server providers have received any complaints concerning unsolicited email being sent to promote websites and domains that are hosted on the 123 Simples network. This also includes domains which use the 123 Simples and their server providers domain forwarding service.
5.3. Where bulk-email is sent to a 'dirty list' of unconfirmed 'opt-in' email addresses.
5.4. Where bulk-email is sent to email addresses harvested from the Internet.
5.5. Where bulk-email is sent to email addresses obtained from another party, even if the other party claim the list is 'opt-in'.
5.6. Where you have not put in place adequate protection to prevent web applications and scripts from sending unsolicited spam email for your website.
5.7. Where email services provided by 123 Simples and their server providers are used to promote or in conjunction with websites or domains that are not hosted on the 123 Simples Network.
6. Nothing in this policy is intended to grant any right to transmit or send email to, or through, the Services provided by 123 Simples and their server providers. Failure to enforce this policy in every instance does not amount to a waiver of 123 Simples and their server providers rights.
7. Unauthorized use of the Services in connection with the transmission of unsolicited email, including the transmission of email in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
Changes to the anti spam policy
123 Simples and their server providers reserves the right to add, delete, or modify any provision of these 'Anti Spam Terms' at any time without notice.
Failure to receive notification of a change does not make those changes invalid.