Your Memorial Holiday
1.1 – Symplified Technologies LLC. and its subsidiaries (henceforth known as Symplified Technologies) will provide services or assistance for Internet access on its computing and network systems to individual account holders in exchange for payment of fees, and in compliance with the terms and conditions of this Agreement.
1.2 – There is no money back guarantee for any services that Symplified Technologies provides unless specifically written in a one-time only promotion.
1.3 – Symplified Technologies does not give any prorated refunds for unused time.
2.0 USE OF SERVICES
2.1 – A typical Symplified Technologies account is for individual personal or business use only, and the account holder therefore agrees to maintain a secure password for the account, and not to share this password with anyone else. Customer also agrees to use their best efforts to protect their Internet service from being shared or hi-jacked from others not in the same household or business.
2.2 – The account holder agrees to use the services as permitted by local, state/provincial and federal law. The account holder shall not use the services or carry out any business activity or solicit performance of any activity that is prohibited by law.
2.3 – The account holder agrees not to use the Symplified Technologies site to obtain, reproduce or distribute in any way, information, software or other material which is protected by copyright, without obtaining written permission of the copyright owner.
2.4 – For account holders that are hosting their websites with Symplified Technologies, the account holder agrees not to store more than the maximum amount of data as specified according to their plan. The account holder further agrees to backup all his pages and files that may be stored into his home directory and that Symplified Technologies will not be held responsible for any type of data that may be lost or damaged.
2.5 – Symplified Technologies reserves the right to prioritize access connectivity if required in periods of peak network demand. The heaviest usage customers may find their access temporarily restricted during periods of peak network demand (generally evening hours).
2.6 – Symplified Technologies enforces a policy of “NO TOLERANCE” with respect to SPAM and abusive unsolicited email. If you use your Symplified Technologies access to compromise any Network services, your access and hosting via Symplified Technologies may be discontinued.
2.7 – Symplified Technologies will not tolerate nor host on its servers any home pages or websites containing pornographic or obscene material.
2.9 – The account holder acknowledges that Symplified Technologies will terminate the account without notice, if he does not comply with these terms.
3. TECHNICAL SUPPORT.
Symplified Technologies assumes that the account holder has a basic understanding of their computer. Symplified Technologies will not train the account holder in basic computer skill (i.e., configuring your firewall, antivirus or other third party software, deleting files or creating directories). Technical support is provided free on most service plans and is intended to facilitate the setup of the account holder’s properly functioning computer system for access to Symplified Technologies’ services. The account holder’s computer must recognize their wired or wireless network card, and receive network link connectivity before any free technical support will be given. Our technical support team will be happy to assist you in helping you get your computer working and setup properly for an additional hourly fee of $125.00 per hour with a 1/2 hour minimum charge of $75.00. If an account holder wishes to use Symplified Technologies’ technical support, the account holder must be available to help troubleshoot the connection or computer setup.
4. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT.
You agree that we may provide electronically to you required notices, agreements and other information concerning Symplified Technologies. We will send notices periodically via email or post the notices on the home page of symplifiedtech.com or on the relevant web page of the applicable service. If you wish to receive paper bills they will be provided at an additional monthly fee.
5. ACCEPTABLE USE
You agree to abide by the terms and conditions in Symplified Technologies’ Acceptable Use Policy. Symplified Technologies’ Acceptable Use Policy can be found at http://symplifiedtech.com/index.php/acceptable-use-policy
6. TRANSACTIONS ON THE INTERNET
Any purchase or transaction through the Symplified Technologies site or the Internet will require the account holder to divulge some personal information, credit card number or other details of payment. The account holder agrees that any information provided to a merchant or other provider through the Symplified Technologies site will be accurate. The account holder agrees to pay all charges incurred by him or other users of his account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. The account holder will also be responsible for paying all applicable taxes, if any, relating to purchases on the Symplified Technologies site.
7. CONFIDENTIAL INFORMATION
Symplified Technologies will do its best efforts to keep account holder’s billing and account usage information safe. Symplified Technologies may keep track of connection usage for purposes of verifying usage or as required by law. Symplified Technologies may divulge account holder’s information to law enforcement or other government investigative agency if required by court order.
The account holder agrees to defend, indemnify and hold Symplified Technologies harmless from any and all liabilities, costs and expenses, including reasonable attorney’s fees, resulting from any utilization by the account holder of Symplified Technologies services which cause direct or indirect damage to another party.
Symplified Technologies LLC. logos and icons identifying Symplified Technologies and its subsidiaries services referenced herein may contain trademarks of Symplified Technologies and cannot be used without permission of Symplified Technologies.
10.0 PAYMENT OF FEES
10.1 – The account holder will pay Symplified Technologies a usage fee based on the price and service they have signed up for and/or are using.
10.2 – All payments for services will be submitted in advance of receiving services.
10.3 – All usage and other fees are non-refundable.
10.4 – The subscriber understands that Symplified Technologies terms require prepayment on the first day of each term and that the subscriber’s account may be subject to late fees on past-due balances. Furthermore, the subscriber understands that the service will not be operational if the subscriber’s account is past due, and that collection fees (including legal fees) and related costs are the responsibility of the subscriber in the event of the subscriber’s non-payment.
10.5 – The account holder understands that a service charge of $35.00 will be applied to the subscriber’s account in the event of a returned payment of any kind (including a credit card chargeback). It is the responsibility of the account holder to inform Symplified Technologies of lost, stolen or expired credit card information, changes in bank account information, or other information pertinent to the billing for Internet Services.
10.6 – A reconnect fee of $20.00 will be charged to accounts that are past due and have been deactivated for non-payment.
11.0 ACCOUNT RENEWAL AND TERMINATION
11.1 – Accounts shall be automatically renewed for successive terms on the expiry of the initial and each successive term unless the account holder or Symplified Technologies gives the other party proper notice in writing of the termination.
11.2 – If the account holder fails to pay for the use of the Symplified Technologies services or fails to pay any other amount owed to Symplified Technologies in accordance with its invoice terms, Symplified Technologies may suspended or terminate its services without notice to the account holder.
11.3 – Symplified Technologies service may be terminated by either party at any time. There are no refunds issued for cancellation of service once payment is received and posted to your account. If Symplified Technologies terminates your service for any reason deemed appropriate and within our right, may at it’s discretion, issue a partial refund of prepaid service fees.
11.4 – Account holder understands that lack of use does not substitute notice of cancellation.
11.5 – Symplified Technologies is not responsible for refunds on prepaid services or services not used but having been paid. It is the account holder’s responsibility to choose the best plan for their needs and to notify Symplified Technologies when they wish to cancel their service.
12.0 LIMITATION OF LIABILITY
12.1 – Symplified Technologies has the right, but not the obligation, to monitor any activity and content associated with its sites and services. Symplified Technologies may investigate any complaint or reported violation of its policies and take any action it deems appropriate. Such action may include, but are not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on a hosted web site.
12.2 – Symplified Technologies also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental request, to protect Symplified Technologies’ systems and customers, or to ensure the integrity and operation of Symplified Technologies’ business and systems, Symplified Technologies may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history and posted content.
12.3 – Symplified Technologies PROVIDES ITS WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Symplified Technologies FURTHER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE SERVICES AS PROVIDED. Symplified Technologies FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.
12.4 – IN NO EVENT SHALL Symplified Technologies, OFFICERS, EMPLOYEES OR ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, OR INTENTIONALLY OR NEGLIGENTLY, THE USE OF Symplified Technologies’ SITE OR SERVICES.
13.1 – This agreement shall be governed by and construed in accordance with the laws of the applicable State, and any legal action regarding the Agreement shall be brought in the Courts of the State of Washington and the parties hereto hereby agree to that jurisdiction.
13.2 – Furthermore, upon notice published online by Symplified Technologies services, the above terms and conditions may be modified, prices for services may be changed, as well as services may be discontinued or changed.
13.3 – If the account holder is not satisfied with the Symplified Technologies operations, or with these terms and conditions, policies and practices, his sole and exclusive remedy is to discontinue using the Symplified Technologies services. The account holder must notify our Customer Service department in writing to initiate a closure of his/her account.
13.4 – While Symplified Technologies provides a significant firewalls and filtering measures, you acknowledge that the Internet is an inherently insecure environment and that any computer or other equipment you attach directly or indirectly to the Internet may become the target of computer hackers and is susceptible to attacks from viruses or the like. You are solely responsible for keeping your machines secure, updated and free of viruses or other harmful programs that can directly or indirectly interfere with the operations of Symplified Technologies’ sites and services, and that of third parties connected to its networks. You are solely responsible for guarding against and repairing your computers and other systems from any infection by malicious code or unauthorized use. Failure to do so may cause harm to Symplified Technologies and or any third party affiliate in which case you would be held responsible for any financial damages incurred.