1. Terms of Service

    First Things First:
    Thanks for choosing SimplyBuilt! Please read these Terms of Service carefully. By using SimplyBuilt or signing up for an account, you€™re agreeing to these Terms of Service. These terms make up a Legal Agreement between You and SimplyBuilt LLC ("SimplyBuilt"), a company that provides website design and development and other services via its website: http://www.simplybuilt.com.

    We've tried very hard to keep this Agreement as readable and straightforward as possible. If you have suggestions that can help us improve it, please let us know. This Agreement explains our obligations to you, your obligations to us, and each of our rights. Combined with the Privacy Policy and End User License Agreement (EULA) identified below, this is the entire Agreement between us. No hidden stuff, no worries!

    General Overview:
    Your use of the services provided by SimplyBuilt serves as your consent to the terms of this Agreement and is the same as €œsigning€ this Agreement. If you sign up for SimplyBuilt on behalf of a company or other entity, you represent and warrant (make a legal promise) that you have the authority to sign this Agreement on their behalf. SimplyBuilt will update this Agreement from time to time, usually to reflect new obligations and policies arising from the introduction of new services. It might also be updated to modify or clarify existing obligations and policies.

    You should visit this page from time to time to review any changes. We
    may notify you if this Agreement changes, but we may not. Any notification of any changes would be a courtesy and are not required by this Agreement.

    Your agreement with us concerning the information we collect about you under this Agreement are detailed in the terms of SimplyBuilt€™s Privacy Policy which can be found here: http://www.simplybuilt.com/privacy.

    In order to use SimplyBuilt, you must:

    • Be at least eighteen (18) years old and able to enter into contracts;
    • Complete the registration process;
    • Agree to these Terms of Service; and
    • Provide true, complete, and up-to-date contact information.

    By using SimplyBuilt, you represent and warrant that you meet all the requirements listed above. SimplyBuilt may refuse service, close accounts of users, and change eligibility requirements at any time.

    Acceptable Use Rules:
    By using SimplyBuilt, youpromise that you will NOT:

    • Send SPAM (unsolicited bulk email). If you send people a mass email without their permission, you€™re spamming. Don€™t do it!
    • Violate our Acceptable Use Policy, which is part of this Agreement.
    • Upload, post, email, transmit or otherwise make available any content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the SimplyBuilt services or materials or that may impact the ability of any SimplyBuilt user to access the Services.
    • Use any material as part of your SimplyBuilt website (€œHosted Site€) that wasn€™t created by you, authorized for you to use, or that would violate anyone's rights (that includes text, photos, graphics, and other content).
    • Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on your Hosted Site or in any emails created or sent using our service.
    • Share your password with ANYONE.
    • Upload to your Hosted Site or send individual files larger than 20MB.
    • Decipher, decompile, disassemble, or reverse engineer any of the software on our website, or in any way used or downloaded from the website.
    • Use any of the software on our website, used by you from our website, or downloaded from our website, to create a competing product.
    • Set up multiple accounts for any person or entity in order to use and send similar content, unless you€™re part of a franchise.
    • Import or incorporate any of this information into any lists, emails or uploads to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information of any kind.
    • Use an outside unsubscribe process.
    • Send content created in SimplyBuilt through another service.
    • Use SimplyBuilt or your Hosted Site for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
    • Use SimplyBuilt or your Hosted Site to create, upload, promote, or send anything offensive, to promote anything illegal, or to harass anyone. You may not create, upload or promote:
    • Pornography or other sexually explicit websites or emails
    • Websites offering to sell illegal goods or services

    If you violate any of these rules, we may suspend or terminate your account and report you to law enforcement officials in the appropriate jurisdictions. You agree to indemnify and hold us harmless from any losses, including attorney fees, that may result from your breach of any part of these rules.

    Term and Renewals:
    The Term of this Agreement is twelve (12) months. When you renew your services with us, this Agreement will be renewed for additional 12-month periods. On the day prior to the renewal date of your Hosted Site, we will renew your services for an additional year, which will extend this Agreement for an additional 12 months. If you do not wish to continue service for a Hosted Site beyond its current period, you must explicitly cancel the service, which will cause this Agreement to terminate and SimplyBuilt will delete your account. Easy instructions for cancelation can be found here: http://www.simplybuilt.com/support/the-account-panel/canceling-a-subscription. If you terminate this Agreement, you will not receive a refund for any fees already paid. SimplyBuilt may, in its sole discretion, refund any unused portion of your subscription fee.

    Your right and title to your Hosted Site are for a specific and finite period of time, measured by the term of your registration. If you do not pay your fees within thirty (30) days of the due date, we will close your account and terminate this Agreement. If your account is closed for non-payment, your right and title to your Hosted Site will transfer back to SimplyBuilt.

    SimplyBuilt may end this Agreement at any time and for any reason. If SimplyBuilt terminates this Agreement, SimplyBuilt will provide you with written notice via email.

    Contact Information:
    Maintaining accurate and current billing information is a mandatory condition of maintaining your SimplyBuilt account. If you do not maintain current credit card information in your SimplyBuilt account, we may cancel your services without further notice. If your billing information is not current, we will not renew your services, and this Agreement will terminate on the last day of the then current term.

    SimplyBuilt needs to be able to contact you easily and quickly. You are responsible for ensuring that SimplyBuilt has accurate and current contact information for you, including your full and real name, postal address, e-mail address, and telephone number.

    Similarly, if you need to reach SimplyBuilt, you may contact us at: support@simplybuilt.com

    U.S. Export Controls:
    The software that supports SimplyBuilt€™s services (the "Software") is subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You€™re downloading and using the Software at your own risk.

    Legal Challenges, Complaints and Jurisdiction:
    Sometimes domain name registrations become the subject of a legal challenge. If SimplyBuilt is made a party to any legal action involving of one of your domain name registrations, you agree to be responsible for all of SimplyBuilt'€™s costs and legal fees and to indemnify and hold SimplyBuilt harmless from any action.

    This Agreement is governed by and will be enforced in accordance with the laws of the State of New York, U.S.A. and the federal laws of the U.S.A. Any action brought against SimplyBuilt arising out of or relating to this Agreement must be brought in the courts of New York County, New York, and you consent to the exclusive jurisdiction of such courts.

    Limitation of Liability:
    You agree that our entire liability, and your exclusive remedy, with respect to any services provided under this Agreement and any breach of this Agreement is solely limited to the amounts you have paid us.

    SimplyBuilt and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.

    We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your service.

    You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

    Disclaimer of Warranties:
    You agree that your use of our services is solely at your own risk. You agree that such services are provided on an "as is," "as available" basis.

    We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

    We make no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected.

    You understand and agree that any material and/or data downloaded or otherwise obtained through the use of service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. You further understand that SimplyBuilt may not maintain copies of files or documents that are sent by you and that you are solely responsible for backing up this data.

    We make no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from us or through the service shall create any warranty not expressly made herein.

    Terms You Must Post on Your Hosted Site:
    You are responsible for drafting the terms of use and privacy policy for your Hosted Site. However, the terms of use for your Hosted Site must list us as a third party beneficiary and must contain provisions each for the benefit of SimplyBuilt that are at least as favorable to SimplyBuilt as contained in this Agreement. You are also responsible for drafting the privacy policy for your Hosted Site. Your Hosted Site€™s privacy policy must contain terms that are at least as protective of a user€™s privacy as those contained in SimplyBuilt€™s privacy policy which can be found here: http://www.simplybuilt.com/privacy.

    Thanks for taking the time to read our Terms of Service!