ACCEPTANCE OF TERMS OF SERVICE
These Terms of Service (“Terms”) govern the relationship between you (“Subscriber(s)”) and SimpleScripts, Inc. dba SimpleScripts.com (“SimpleScripts”). Each Subscriber is subject to these Terms, and by using SimpleScripts’ services, network and/or systems (collectively the “Services”), Subscriber agrees to be bound by the usage policies and other policies contained in these Terms. These Terms supplement the individual service agreement of each Subscriber, if any.
Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing where required to do business with all legal authority and power to accept these Terms. Subscriber agrees to provide complete, accurate and current information to SimpleScripts in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although subscribers of paid services offered through SimpleScripts must be at least 18 years of age, a parent or legal guardian of a minor may obtain an account on the minor’s behalf, and by doing so, consents to such minor’s use of the Services. Subscribing parents and legal guardians assume full responsibility and liability associated with a minor's use of any of the Services.
SimpleScripts reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
Subscribers may view the most current version of these Terms at http://www.simplescripts.com. Subscriber's use of the Services after changes, modifications, additions or deletions to these Terms are posted on the SimpleScripts website will constitute Subscriber’s acceptance of any such changes, additions, modifications or deletions. If you do not agree to any such alterations to these Terms, your sole and exclusive remedy is to cancel your account as set forth in section labeled "CANCELLATION OF SERVICES, REFUND POLICY" below.
Notwithstanding SimpleScripts’s right to alter these Terms without prior notice, SimpleScripts may typically make, within its sole discretion and as a courtesy to all affected Subscribers, reasonable efforts to provide Subscribers with 7 days advanced notice of any alteration of these Terms that may materially and adversely impact a Subscriber’s use of the Services.
ACCOUNT TYPE DEFINITIONS
Basic Accounts. SimpleScripts is free for personal and small business use up to the usage limitations set forth under "Extended Accounts". Basic users have no limitations to the scripts available.
Extended Accounts. Extended accounts have two (2) or more installations or three (3) or more websites that have been upgraded within thirty (30) days. These accounts must pay a yearly subscription fee to continue utilizing the SimpleScripts service.
Integrated Hosting Accounts. Accounts that are setup directly via our web hosting partners who have integrated SimpleScripts into the users Control Panel are FREE extended accounts and have no limitations.
TERM, PAYMENT, ACCOUNT RENEWAL
Term of Service. The term of Subscriber’s subscription to the Services commences upon Subscriber’s acceptance of these Terms and terminates as set forth in this agreement.
Payment. Subscriber agrees to pay all fees for Services upon upgrading to an Extended account or upon renewal.
Automatic Account Renewal of Extended Accounts. Fourteen (14) days prior to the expiration of Subscriber’s Extended Account, SimpleScripts will automatically renew Subscriber’s account, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Subscriber’s originally-selected method of payment.
Cancellation of Automatic Account Renewal on Extended Accounts. To cancel Automatic Account Renewal, Subscriber must notify SimpleScripts of Subscriber’s intent to cancel at least sixteen (16) days prior to the account expiration date, by directing an Automatic Renewal Cancellation Notification to email@example.com. SimpleScripts agrees that on receipt of Automatic Renewal Cancellation Notification under the conditions stated above, no additional charges will be billed to Subscriber, and Subscriber’s account shall expire on the account expiration date.
Authority. In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing SimpleScripts Services on behalf of Subscriber certifies that he/she has the authority to bind the corporation, LLC, partners, joint venture or other individuals in this manner and in connection with Subscriber’s acceptance of all other Terms set forth herein.
CANCELLATION OF SERVICES, REFUND POLICY
Cancellations and Refunds. The Subscriber may cancel their account at any time by notifying firstname.lastname@example.org. SimpleScripts accounts are non-refundable.
Chargebacks and Reversals. In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a $35.00 billing service fee.
These Terms do not give Subscriber any rights to SimpleScripts intellectual property or technology. SimpleScripts and related trademarks and logos are the exclusive property of SimpleScripts. SimpleScripts and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile source code or trade secrets of the other party. Notwithstanding, nothing herein shall bar SimpleScripts from using any knowledge, information or skills that are generally known or that can be reasonably acquired.
SimpleScripts uses sophisticated means of security in connection with the Services. Notwithstanding, it is Subscriber’s exclusive obligation to maintain and control passwords to Subscriber’s web site(s), and Subscriber is exclusively responsible for all activities that occur in connection with Subscriber’s user name, password and registered domain name(s). Subscriber agrees to immediately notify SimpleScripts of any unauthorized uses of the Service or any other breaches of security. SimpleScripts will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber’s failure to comply with the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber’s Services.
Commitment. SimpleScripts demonstrates its commitment to our Subscribers’ privacy by providing this statement. SimpleScripts will do everything in its power to ensure your right to privacy. SimpleScripts is committed to developing long lasting relationships that are built on trust and will never intentionally violate that trust.
Encryption. Personal Data Transmissions are encrypted. When you order from SimpleScripts, all your personal information is protected. We use Secure Sockets Layer (SSL), the industry standard, for encrypting all personal information, including name, address and credit card numbers.
Confidentiality. With the exception of trusted partners who work on behalf of or in connection with SimpleScripts, subject to specific confidentiality agreements, SimpleScripts will not provide or sell to any third party your personal information and will keep all Subscriber information confidential, subject to the following:
A. SimpleScripts will respond to subpoenas, court orders, or other legal process, or will utilize Subscriber information as necessary to establish or exercise SimpleScripts’s legal rights or defend against legal claims.
B. SimpleScripts will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of these Terms, or as otherwise required by law.
C. SimpleScripts may transfer information about Subscribers if SimpleScripts is acquired by or merged with another company. SimpleScripts is not responsible for notifying Subscriber of such changes.
Non-Identifying Server Information. In order to check system compatibility for the selected script, SimpleScripts will gather non-identifying and impersonal server information.
Monitoring and Disclosures. All activities may be monitored, recorded, and examined by any authorized person, including law enforcement. In general, SimpleScripts does not monitor its Subscribers' websites or activities to determine whether they are in compliance with these Terms. However, when and if SimpleScripts becomes aware of any violation of these Terms, SimpleScripts may take any action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, SimpleScripts may take action against a Subscriber or a subscriber of such Subscriber because of the activities of such subscriber. SimpleScripts reserves the right to take any such action even though such action may affect other subscribers of the Subscriber. SimpleScripts may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect SimpleScripts or others from harm, and/or to ensure the proper operation of the Services. SimpleScripts has no obligation to notify any person, including the Subscriber about whom information is sought, that SimpleScripts has provided the information.
Accurate Account Information. Subscriber must retain accurate and current contact information to avoid account termination.
Reservation of Rights. SimpleScripts reserves the right to refuse and cancel service to any Subscriber for any lawful reason at any time during Subscriber’s Term of Service.
Copyrights and Script Licensing. When a customer uses an application provided by SimpleScripts, the customer licenses it from the organization or company that developed the application, not from SimpleScripts. Any trademarks, code, and/or script specific data is directly owned by the respective copyright holders.
Script Library Support. SimpleScripts cannot guarantee that the latest version currently provided is the latest one being distributed by the vendor. SimpleScripts reserves the right to discontinue applications managed by SimpleScripts at any time. Applications available for upgrade through the vendor may not have upgrade candidates available through SimpleScripts. SimpleScripts may, at its discretion, choose not to offer a specific version for upgrade if the risk of data loss is unacceptably high, or for any other reason deemed valid by SimpleScripts. Upgrades to and from Beta/Release Candidate versions may not be available.
Post Process Support. SimpleScripts does not provide support for the application once the application has been successfully installed; SimpleScripts provides support only for the installation or upgrade process. Any support requests regarding actual use of the application must be directed to the organization or company that developed the application.
Data loss. Due to the automated nature of the SimpleScripts Services and the possibility of data corruption and loss due to internal and external influences, use of the Services is "at your own risk." The Subscriber shall not hold SimpleScripts responsible for any loss of data that occurs from the use of the Services. It is the Subscriber's responsibility to back up all data before use of the Services.
Warranty Disclaimer. YOU ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. SIMPLESCRIPTS HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY SIMPLESCRIPTS OR SIMPLESCRIPTS’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. SIMPLESCRIPTS DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. SIMPLESCRIPTS DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. SIMPLESCRIPTS DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR SIMPLESCRIPTS IN PARTICULAR.
Limitations on SimpleScripts’s Liability. SIMPLESCRIPTS SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL SIMPLESCRIPTS BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT SIMPLESCRIPTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SIMPLESCRIPTS SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. SIMPLESCRIPTS’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF YOUR ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL SIMPLESCRIPTS LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO SIMPLESCRIPTS FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU OR SIMPLESCRIPTS MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, SIMPLESCRIPTS’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification of SimpleScripts. You agree to defend, indemnify and hold SimpleScripts, its affiliates and its sponsors, partners or other co-branders and their respective officers and employees harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from SimpleScripts’s own negligence. SimpleScripts reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
IF YOU DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR ACCOUNT.
Legal Contact Information
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