TERMS & CONDITIONS BE IN THE KNOW

  • Repair Terms and Conditions Legal Agreement

    PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY.

    These terms govern the provision of any computer support services (“Services”) provided by SimpleTech LLC

    SimpleTech LLC provides you with access to and use of the Services subject to your compliance with the Terms. SimpleTech LLC reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to us that you are at least 18 years old; you have the right, capacity and authorization necessary to legally bind yourself to the Terms.

    Authorization to Access your Computer

    You acknowledge that by your use of the Services you are authorizing SimpleTech LLC to access and control your computer for the purposes of computer diagnosis, service and repair.

    In connection with delivering the services SimpleTech LLC may download and use software, gather system data, take control of your computer and access or modify your computer settings. By accepting these terms, you hereby grant SimpleTech LLC the right to connect to your computer, download, install and use software on your computer to gather system data, repair your computer, take control of your computer and change the settings on your computer while performing the services.

    Quotes

    Any verbal quote given by SimpleTech LLC is given as a guide based on limited information provided by a customer. A verbal quote is intended to give the customer an estimate on the price and not an assurance that the product or service will be sold at that price.  Any written quote will be provided by SimpleTech LLC at that price. All written quotes are valid for only 7 days. Once work commences, after a technician has evaluated the system, should it appear that the cost to repair is more than quoted, no work will commence without explicit client approval.

    Legal Rights

    The client is the legal owner or authorized representative of the legal owner of the property and all data and components contained therein sent to SimpleTech LLC. You must be the owner, or have the permission of the owner, for us to work on your equipment. We will only take instructions for work from the designated owner.  

    If equipment is left with SimpleTech LLC and is not collected within sixty (60) days after we notify you that the requested service is complete, we will treat your equipment as abandoned and becomes the sole property of SimpleTech LLC. You agree to hold SimpleTech LLC harmless for any damage or claim for the abandoned property, which we may discard at our sole discretion. Any and all charges are still your responsibility.

    Software Installation

    SimpleTech LLC may need to download and or run software on your personal computer to help diagnose and resolve your personal technology problem. SimpleTech LLC may need to reinstall software that was included as part of your computer’s original configuration.

    You agree that we may download and utilize Software from third party web sites or CDs and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless you purchase a license to continue using such Software.

    Backup Services & Potential Data Loss

    While SimpleTech LLC will make all reasonable efforts to safeguard the contents (data) stored on your computer, you understand and agree that prior to contacting or allowing SimpleTech LLC to perform diagnostic, repair, or other services on your computer, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives if you so desire. You acknowledge and agree that SimpleTech LLC and/or its third-party service provider shall not be responsible under any circumstances for any loss, alteration, or corruption of any software, data or files.

    If you do not have a backup of your software and data, we can provide you with our data backup service at an additional cost. However, we cannot guarantee the integrity of the data when backing up.

    Confidentiality

    SimpleTech LLC agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client’s equipment except to employees or agents of SimpleTech LLC subject to confidentiality agreements or as required by law.

    Upgrades

    SimpleTech LLC can supply manufacturer specific upgrades or spare parts on request. Please note however that we cannot guarantee compatibility with your current system or configuration. SimpleTech LLC will offer suggestions and advice on upgrades but is not liable for any compatibility issues.

    Payment Terms

    All work must be paid in full upon completion of service. If an amount remains delinquent 14 days after its issue date, an additional 5% penalty will be added for each week of delinquency or the maximum permitted by law. In case collection proves necessary, the client agrees to pay all fees incurred by that process.

    Limited Liability

    SimpleTech LLC shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service.

    In no event will SimpleTech LLC be liable for any damage to the laptop/desktop/equipment, loss of data, loss of revenue or profits, or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if SimpleTech LLC has been advised of the possibility of damages or loss to persons or property. SimpleTech LLC liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services.

    The client agrees to have SimpleTech LLC as the sole and exclusive provider of remedy for unsatisfactory work, and SimpleTech LLC shall be allowed additional attempts to complete the work in a satisfactory manner. Otherwise, the client can ask for a refund from SimpleTech LLC.

    The client is aware and assumes the inherent risk of property damage and/or injury involved in laptop/desktop repair, including without limitation, risks due to destruction or damage to the machine, media, or data and inability to repair the machine or recover data, including those that may result from the negligence of SimpleTech LLC, and assumes any and all known risks of injury and property damage that may result.

  • These Terms & Conditions (T&Cs) govern the service of your product by SimpleTech LLC (”SimpleTech”).

    WEBSITE DESIGN & DEVELOPMENT AGREEMENT

    This Agreement is entered by and between SimpleTech and Client (collectively the “Parties”). Client desires to engage SimpleTech for the following purpose: Website Hosting Services and/or Website Design & Development for Client’s business for a minimum period of twelve (12) months (“Initial Term”), unless otherwise noted on the Agreement, the first twelve months (12) months of which shall be a Required Period as set forth below. To carry out this purpose, the Parties hereby agree as follows:

    I. CLIENT’S OBLIGATIONS:
    1. Support to be performed by Client: Client agrees to provide support as requested by SimpleTech within 3 business days of a verbal or written request by SimpleTech.
    2. Compliance with Law: Client acknowledges that SimpleTech exercises no control over the content of information passing through Client’s websites and that it is the sole responsibility of Client to ensure that the information it transmits and receives complies with all applicable laws and regulations
    3. Non-Cancellation During Required Period.
      • After the expiration of the 12 Month Required Period, Client may cancel at any time with thirty (30) day prior written notice to SimpleTech, such request to be effective thirty (30) days from the receipt by SimpleTech of such notice, and shall terminate the remaining obligations of the parties hereunder, provided Client tenders payment to SimpleTech for all then outstanding charges and liability incurred under the Consideration Article as provided herein.
      • Once the Initial Term (first 12 months of this agreement) has expired, this Agreement shall continue on a month-to-month basis, and Client can cancel at any time with thirty (30) day prior written notice to SimpleTech, such request to be effective thirty (30) days from the receipt by SimpleTech of such notice, provided Client tenders payment to SimpleTech for all then outstanding charges and liability incurred under the Consideration Article as provided herein.
    II. RELEASE OF LIABILITY:
    1. To the maximum extent permitted by law, SimpleTech and its affiliates, will under no circumstances be liable for any special, indirect, incidental, or consequential damages resulting from services provided or under any other legal theory, including but not limited to loss of revenue, loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to, or corruption of data; or any costs of recovering, programming, or restoring any programs or data stored or used with your product and any failure to maintain the confidentiality of data stored on your product. The foregoing limitation shall not apply to death or personal injury claims. SimpleTech specifically does not warrant that it will be able to (i) repair your product without risk to or loss of programs or data, and (ii) maintain the confidentiality of data. If any product should be damaged or lost while in SimpleTech’s custody, SimpleTech’s liability will be limited to the cost of repair or replacement of the affected product. Otherwise, SimpleTech’s liability for any and all damage shall in no event exceed the payments received by SimpleTech for the services provided pursuant to these terms. The remedies set forth herein shall be your sole and exclusive remedies for any breach by SimpleTech under these terms and conditions.
    III. WEBSITE DESIGN & DEVELOPMENT CONSIDERATION:
    1. The Parties hereby agree that the total consideration under this Agreement to be paid by Client to SimpleTech is fixed and earned as of the date of execution of this Agreement. All websites will be completed and billed within sixty (60) days (unless otherwise stated on Website Proposal), Website billing to coincide with the following schedule:
      1. First payment equal to fifty percent (50%) of website price due on day of signing this Agreement;
      2. Second payment equal to twenty-five percent (25%) of website balance once homepage is approved by Client;
      3. Third payment equal to the twenty-five percent (25%) website balance due upon completion of website
    2. Client acknowledges and agrees that the third payment shall be due and payable regardless of site completion. Such final payment will be billed on the sixtieth (60th) day if there is no response from Client. Such final billing shall include the final billing for the website as set forth in this agreement, but not be limited to, any delays caused by the Client for whatever reason.
    3. Web Design Services. SimpleTech shall charge the following rates, such rates subject to change with thirty (30) days advance written notice, for web design services:
      • Additional Web Page: Two Hundred and No/100 Dollars ($200.00);
      • One page of Content (up to 500 words): One Hundred and No/100 Dollars ($100.00); or
      • Additional Web Page including Content: Two Hundred Fifty and No/100 Dollars ($250.00).
      • Hourly Rate. SimpleTech shall charge Ninety-Nine and No/100 Dollars ($99.00) per hour (“Hourly Rate”) and Client agrees to pay such Hourly Rate charges when invoiced from SimpleTech.
      • Set-Up Fees. In the event any set-up fees are waived, Client acknowledges and agrees that such set-up fees shall be due and payable in the event of cancellation for whatever reason during the first 12 Months (12) months of the Initial Term.
    4. Notwithstanding anything in this Agreement to the contrary, failure of Client to pay any amount due within thirty (30) days of any applicable due date shall, at the option of SimpleTech, result in the termination of this Agreement and render any remaining consideration in the “Initial Term” immediately due and payable.
    IV. CONFIDENTIALITY:
    1. Confidential Information Defined: Each Party acknowledges that it will have access to certain confidential information of the other Party concerning the other Party’s business, plans, customers, technology and products, including the terms and conditions of this Agreement (“Confidential Information”). Confidential Information includes, but is not limited to: descriptions, business plans, software, internet designs, test data, meta-tags, other data, reports, recommendations, marketing plans, advertising material, customer lists, business records, projections, products, product information, financial information, other plans or proposals, proprietary information, descriptions as proprietary code, Google Adwords Account, and any other information disseminated by one Party to the other to further the purpose of this Agreement and the performance thereof.
    2. Client agrees that should it fail to fulfill the Initial Term for any reason whatsoever, including but not limited to cancellation, SimpleTech shall own all rights to the Confidential Information and shall be allowed to remove unilaterally any such Confidential Information from Client’s website.
    3. Such ability of SimpleTech to remove such meta-tags and proprietary code shall be in addition to and not in lieu of such other and further rights and remedies available to SimpleTech at law or equity.
    4. SimpleTech owns all rights to the Confidential Information, including specifically any Proprietary Code and Marketing Content regarding the Meta Tags & Pay Per Click Campaigns set up on behalf of Client. It is at the discretion of SimpleTech to transfer rights of said Proprietary Code & Marketing Content upon Termination of this Agreement prior to the expiration of the Initial Term.
    5. Client hereby represents, warrants and agrees that he, she or it (as applicable) has special, unique, unusual and extraordinary knowledge regarding the ownership and operation of the business, such that breach of the terms or provisions of Article III of this Agreement would result in damages to SimpleTech which would not be easily ascertainable. Accordingly, in the event Client breaches the terms or provisions of Article III hereof, SimpleTech shall be entitled, in addition to any other rights and remedies which it may have, to injunctive and other equitable relief against Client. Client hereby agrees to waive any and all required, applicable or necessary bond provisions associated with SimpleTech seeking any such injunctive relief.
    V. WARRANTIES:
    1. SimpleTech represents and warrants that it has the full power and authority to enter into this Agreement. The goods and services furnished under this Agreement are provided “as is,” without any express or implied warranties including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. SIMPLETECH SPECIFICALLY DOES NOT PREDICT NOR GUARANTEE ANY PARTICULAR RANKINGS WITHIN SEARCH ENGINE LISTINGS.
    2. Client represents and warrants that it has the full power and authority to enter into this Agreement. Client further represents and warrants that it will only provide to SimpleTech copyrighted or trademarked material including trademarked brand names, trademarked logos and/or trademarked copyrighted phrases it has the legal authority to use. Client further represents and warrants that Client’s services, products, materials, data, and information used by Client and by its customers and users in connection with this Agreement do not, as of the date of this Agreement, and will not during the term of this Agreement operate in any manner that would violate any applicable law or regulation.
    VII. PARTIES’ INDEMNITY OBLIGATIONS:
    1. Client shall indemnify SimpleTech against all claims, liabilities and costs, including reasonable attorneys’ fees, and defend any third party claim or suit against SimpleTech arising out of Client’s acts. SimpleTech shall promptly notify Client in writing of such claim or suit and Client shall have the right to fully control the defense and any settlement of the claim or suit.
    2. SimpleTech shall indemnify Client against all claims, liabilities and costs, including reasonable attorneys’ fees, and defend any third party claim or suit against Client arising out of SimpleTech’s acts. Client shall promptly notify SimpleTech in writing of such claim or suit and SimpleTech shall have the right to fully control the defense and any settlement of the claim or suit.
    VIII. SEVERABILITY:
    1. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.
    IX. GOVERNING LAW; DISPUTE RESOLUTION:
    1. This Agreement shall be construed and enforced in accordance with the laws of the State of Nevada without regard to the choice of law principles thereof. Venue shall be at Washoe County, Nevada.
    X. GENERAL PROVISIONS:
    1. Independent Contractors. The Parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for, or on behalf of the other party. This Agreement does not create any agency, association, partnership, joint venture, sales representation or employment relationship of any kind.
    2. Notices. All notices required or permitted to be given by one party to the other under this Agreement shall be sufficient if sent by either certified mail, return receipt requested, facsimile or hand delivery to the parties at the respective addresses set forth below or to such other address as the party to receive the notice has designated by notice to the other party:

    If to Client: (Use details from Website Development Proposal form)

    If to SimpleTech:

    SimpleTech LLC
    2505 Killington Drive, Reno, Nevada 89511
    www.simpletechnv.com

    XI. TERMINATION FOR CAUSE:
    1. Either party will have the right to terminate this Agreement if the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same, except in the case of failure to pay fees, which must be cured within ten (10) days of the due date.
  • WEBSITE HOSTING AGREEMENT

    Whereas, SimpleTech LLC (“SimpleTech”) Web Hosting is an information provider connected to the Internet SimpleTech Web Hosting offers storage and transfer services over the Internet through access to its Web Server;

    Whereas, Customer seeks to utilize SimpleTech Web Hosting’s server for its own purposes;

    Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, SimpleTech Web Hosting can make no guarantee that any given reader shall be able to access SimpleTech Web Hosting’s server at any given time.

    SimpleTech Web Hosting represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

    Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;

    Financial Arrangements
    1. Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
    2. Customer agrees that all charges and fees associated with an account are their sole responsibility.
    3. If the customer wishes to cancel SimpleTech shared Web Hosting services within thirty (30) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded.
    4. Services provided by 3rd parties and SimpleTech partners are not part of the 30-day refund policy and no early ending credit applies. Billing will stop at end of term during which the service is canceled.
    5. At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the web panel. After the first 30 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
    6. “30-Day Money-Back Guarantee” offer only applicable to credit card payments for shared web hosting. Other forms of payment are non-refundable. Refunds can only be processed for shared hosting. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable. The value of any AdWords credit or other third-party add-ons is non-refundable. See domain registration agreement for more information.
    7. Violations of SimpleTech’s Terms of Service, Acceptable Use Policy, or Spam Policy may, at SimpleTech’s discretion, result in immediate and permanent disablement without refund.
    8. Disputed charges (“chargebacks”) associated with any SimpleTech account may, at SimpleTech’s discretion, result in immediate and permanent disablement.
    9. SimpleTech will use commercially reasonable efforts to make hosting available 99.9% of the time during each monthly billing cycle. If SimpleTech is unable to meet this service level, you will be eligible to receive a credit to apply to future hosting billing cycles based upon the Unavailability for that month.
      1. For the purposes of this agreement, Unavailability means that either (a) the hosting service is unresponsive, or (b) hosting returns a server error response to valid user requests for more than 60 seconds of consecutive requests.
      2. Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month.
      3. Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.
      4. Service credits must be claimed within 14 days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.
    Taxes
    1. DreamHost Web Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or SimpleTech Web Hosting’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
    Material Products
    1. Customer will provide SimpleTech Web Hosting with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of SimpleTech Web Hosting. SimpleTech Web Hosting shall make no effort to validate this information for content, correctness or usability.
    2. Use of SimpleTech Web Hosting’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.
    3. The Customer agrees that he or she has the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of SimpleTech Web Hosting to provide this knowledge or Customer Support outside of the defined service of SimpleTech Web Hosting.
    4. SimpleTech Web Hosting will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
    5. SimpleTech Web Hosting reserves the right to police its network to verify compliance with all agreed upon Terms.
    6. The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
    7. SimpleTech Web Hosting reserves the right to disconnect any website or server deemed to present a security threat to SimpleTech’s customers, servers, or network.
    8. The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by SimpleTech is grounds for termination of all services.
    9. SimpleTech Web Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. SimpleTech Web Hosting also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of SimpleTech Web Hosting is at the Customer’s own risk, and SimpleTech Web Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any mention of connection speeds associated with SimpleTech’s services represents the maximum achievable speed. SimpleTech does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection!). SimpleTech Web Hosting expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
    10. SimpleTech Web Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, SimpleTech Web Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on SimpleTech Web Hosting’s Server. SimpleTech Web Hosting agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of SimpleTech Web Hosting. If the Customer fails to modify the material, as directed by SimpleTech Web Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
    Trademarks & Copyrights
    1. Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.
    Hardware, Equipment, & Software
    1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access SimpleTech Web Hosting.
    2. SimpleTech Web Hosting makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the SimpleTech Web Hosting service.
    Guaranteed Uptime
    1. SimpleTech guarantees 98% uptime. A failure to provide 98% uptime will result in customer compensation pursuant to guidelines established herein.
    2. Customer is entitled to compensation if Customer’s web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in SimpleTech systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.
    3. Customer will receive SimpleTech credit equal to the Customer’s current hosting cost for 1 (one) day of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of customer’s next pre-paid hosting renewal fee.
    4. SimpleTech’s assessment of downtime begins when Customer opens a support ticket to report the problem.
    Termination
    1. This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. SimpleTech Web Hosting will accept termination by electronic mail. Notwithstanding the above, SimpleTech Web Hosting may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. SimpleTech Web Hosting reserves the right to charge a reinstatement fee.
    Limited Liability
    1. Customer expressly agrees that use of SimpleTech Web Hosting’s Server is at Customer’s sole risk. Neither SimpleTech Web Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that SimpleTech Web Hosting’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the SimpleTech Web Hosting Server service, unless otherwise expressly stated in this contract.
    2. Under no circumstances, including negligence, shall SimpleTech Web Hosting, its offices, agents or any one else involved in creating, producing or distributing SimpleTech Web Hosting’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the SimpleTech Web Hosting Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to SimpleTech Web Hosting’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on SimpleTech Web Hosting’s Server service.
    3. Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
    Indemnification
    1. Customer agrees that it shall defend, indemnify, save and hold SimpleTech Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against SimpleTech Web Hosting, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SimpleTech Web Hosting against Liabilities arising out of
      1. any injury to person or property caused by any products sold or otherwise distributed in connection with SimpleTech Web Hosting’s Server;
      2. any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
      3. copyright infringement;
      4. any defective product which Customer sold on SimpleTech Web Hosting Server.
    Sanctioned Countries

    Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Specifically, Customer covenants that it shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from SimpleTech under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, SimpleTech from and against any fines or penalties that may arise as a result of Customer’s breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

    Other Agreements

    Customer agrees to abide by the terms set forth in this document as well as other SimpleTech policy documents including, but not limited to:

    1. Privacy Policy

    Customer also agrees to abide by all applicable Terms set forth by all SimpleTech partners and subsidiaries.

    Contract Revisions

    Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.

    Transfer

    Customer may not transfer this contract without the written consent of SimpleTech Web Hosting.

    Contract

    These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.