Terms of Use

Your use of Simply Brilliant Solutions Services is subject to the Terms of a legal agreement between You and Simply Brilliant Solutions. This document explains the structure and Terms of that agreement.

For the purposes of this document:

“Services” means all Simply Brilliant Solutions web sites (including but not limited to www.SimplyBrilliantSolutions.com), content, information, software and services, excluding any goods or services provided to You by Simply Brilliant Solutions under a separate written agreement.
“You” means You, the user of Simply Brilliant Solutions Services.
“Terms” means the Terms of Service set forth in this document.

Your Acceptance of the Terms

You may not use or in anyway access any Services if You do not accept these Terms. The most recent version of this document is available at: http://www.simplybrilliantsolutions.com/terms-of-use/

You can accept the Terms: (A) by clicking to accept and agree to the Terms where this option is made available to You in the user interface for any Service; or, (B) by using any Services. In this case, You acknowledge and agree that Simply Brilliant Solutions will treat Your use of any Services as explicit agreement to and acceptance of the Terms from that point onward.

You may not use Services and may not accept the Terms if: (A) You are in any way unable to form a binding contract with Simply Brilliant Solutions; or, (B) You are in any way barred from receiving Services under the laws of the United States or other countries, including, but not limited to, the country in which You are resident or from which You use any Services.

Provision of Services

You acknowledge and agree that the form, scope and nature of Services may change without prior notice to You.

You acknowledge and agree that Simply Brilliant Solutions may stop, permanently or temporarily, providing Services (or any features within any Services) to You at Simply Brilliant Solutions’ sole discretion, without prior notice to You.

Your Use of Services

In order to access certain Services, You may be required to provide information about Yourself (such as identification or contact information) as part of the registration process for Services, or as part of Your continued use of Services. You agree that any information You provide to Simply Brilliant Solutions will at all times be accurate, correct and up to date. You agree to use Services only for purposes that are permitted by: (A) the Terms set forth in this document; and, (B) any applicable law, regulation, generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

You agree not to access (or attempt to access) any Services by any means other than through the interfaces that are provided by Simply Brilliant Solutions. You specifically agree not to access (or attempt to access) any Services through any automated means and that You will comply with the instructions set forth in any Services.

You agree that You will not engage in any activity that interferes with or disrupts Services (or any systems, servers or networks which are connected to any Services).

You agree that You are solely responsible for (and that Simply Brilliant Solutions has no responsibility to You or to any third party for) any breach of Your obligations under the Terms and for the consequences (including any loss or damage which Simply Brilliant Solutions may suffer) of any such breach.

Password and Account Security

You acknowledge and agree that You are responsible for maintaining the confidentiality of passwords associated with any account You use to access Services.

You acknowledge and agree that You will be solely responsible to Simply Brilliant Solutions for all activities that occur under Your account. If You become aware of any unauthorized use of Your password or of Your account, You agree to submit written notification to Simply Brilliant Solutions immediately at: info@simplybrilliantsolutions.com

WEB DEVELOPMENT TERMS OF USE:

Unless specifically permitted to do so in a separate written agreement with Simply Brilliant Solutions, You agree that You will not reproduce, duplicate, copy, sell, trade or resell Services for any purpose.

Services Content

You acknowledge and agree that some information, data, computer files and content (hereafter referred to as “Content”) which You may gain access to through Your use of Services is created by third parties not affiliated with, associated with, employed by or in any other manner the responsibility of Simply Brilliant Solutions. You acknowledge and agree that any such Content is the sole responsibility of it’s creator and that any such Content is provided to You on an “AS-IS” basis and the reliability, merchantability and quality of said Content is not guaranteed, supported or in anyway the responsibility of Simply Brilliant Solutions.

You acknowledge and agree that some Content presented to You as part of Services may be protected by intellectual property rights which are owned by the originator of said content. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless You have been specifically granted privilege to do so in writing from Simply Brilliant Solutions or by the owners of that Content, in a separate agreement.

You acknowledge and agree that by using Services You may be exposed to Content that You may find offensive, indecent or otherwise objectionable and that You use Services of Your own volition and at Your own risk.

You acknowledge and agree that You are solely responsible for (and that Simply Brilliant Solutions has no responsibility to You or to any third party for) any Content that You create, transmit or display while using Services and for the consequences of Your actions (including any loss or damage which Simply Brilliant Solutions may suffer) by doing so.

Simply Brilliant Solutions reserves the right (but has no obligation) to review, modify, refuse, remove or otherwise use all Content contained in all Services.

Content You Create

Through access and use of Services You my be permitted to create Content that is stored on Simply Brilliant Solutions servers and accessible by You in, and in some instances other users of, those Services. You acknowledge and agree that all title, ownership rights, and intellectual property rights concerning any Content You create through use of Services shall become the exclusive property of Simply Brilliant Solutions and may be used for its business purposes in it’s sole discretion without any payment, accounting of or compensation to You in any form.
Other Content

Services may include access (including but not limited to links or hyperlinks) to other web sites or resources. Simply Brilliant Solutions may have no control over any web sites or resources which are provided by persons other than Simply Brilliant Solutions. Accordingly, You acknowledge and agree that Simply Brilliant Solutions is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. In addition, You acknowledge and agree that Simply Brilliant Solutions is not liable for any loss or damage which may be incurred by You as a result of the availability of those external web sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any such sites or resources.

Proprietary Rights

You acknowledge and agree that Simply Brilliant Solutions owns and retains all legal right, title and interest in and to Services, including any intellectual property rights which subsist in Services. You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within Services. You agree that in using Services, You will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Disclaimer of Warranty

SIMPLY BRILLIANT SOLUTIONS PROVIDES SERVICES TO YOU ON AN “AS IS” AND “AS AVAILBLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF ALL SERVICES AND TERMS. NO USE OF THE SERVICES IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SIMPLY BRILLIANT SOLUTIONS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, SIMPLY BRILLIANT SOLUTIONS’ COLLECTIVE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES (IF ANY) YOU PAID TO SIMPLY BRILLIANT SOLUTIONS FOR USE OF SERVICES.

Indemnity

You agree to defend, indemnify and hold harmless Simply Brilliant Solutions, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (A) Your use of and access to any Services; (B) Your violation of any Terms; (C) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or, (D) any claim that Your actions caused damage to a third party.

Your defense and indemnification obligation will survive these Terms and Your use of any Services.

Feedback & Suggestions

Simply Brilliant Solutions welcomes suggestions for enhancing our Services and any accompanying documentation that may result in computer programs, reports, presentations, documents, ideas or inventions relating or useful to Simply Brilliant Solutions’s business. You acknowledge that all title, ownership rights, and intellectual property rights concerning such suggestions shall become the exclusive property of Simply Brilliant Solutions and may be used for its business purposes in it’s sole discretion without any payment or accounting to You.

WEB HOSTING TERMS OF USE

Appropriate Use

Simply Brilliant Solutions is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses. Simply Brilliant Solutions is a shared web hosting service, which means that a number of customers’ web sites and other email or storage services are hosted from the same server. Simply Brilliant Solutions uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers’ sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.

Unlimited Disk Space and Unlimited Bandwidth

Customers who use Simply Brilliant Solutions can obtain unlimited disk space and unlimited bandwidth if they use their services consistently with these paragraphs.

Disk space:

If you use your services consistently with the Terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers’ sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate.

Bandwidth:

In most cases, if you use our services consistently with the Terms of Service and these paragraphs, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You can also upload as much as content as you like each month, subject only to the Terms of Service and the rules that control how fast your site can grow (see above).

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Simply Brilliant Solutions is strictly prohibited. Simply Brilliant Solutions will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to Simply Brilliant Solutions, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack. IMPORTANT NOTE – Simply Brilliant Solutions has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Simply Brilliant Solutions to be unacceptable use of our services including abuse of server resources. WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.

Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material; displaying material that exploits children under 18 years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Storage Space Abuse

Simply Brilliant Solutions will not tolerate any form of storage space abuse. At least 90% of YOUR web pages (”HTML”) must be ‘linked’ with files (GIF, JPEG, etc.) stored on Simply Brilliant Solutions servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation at the discretion of Simply Brilliant Solutions Management (”MANAGEMENT”), with or without prior notice. If YOU do not qualify for the free service, disk space will go unmonitored until YOU reach the amount allocated to YOUR specific web hosting plan (”PLAN”). Thereafter, normal website data storage costs $0.20/1MB/month will be billed to YOUR account. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. Simply Brilliant Solutions will be the sole arbiter as to what constitutes a violation of this provision.

Bandwidth Abuse

The intention of Simply Brilliant Solutions is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages. If YOU do not qualify for the free service, traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to YOUR account. YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. Simply Brilliant Solutions will be the sole arbiter as to what constitutes a violation of this provision.

Unsolicited Email & Spamming

Unsolicited commercial advertisements (”SPAM”) are not allowed in e-mail, and will likely result in account cancellation. Simply Brilliant Solutions takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to $25 per unsolicited email message sent and delete YOUR account with any prior notice. The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (”mail bombing”); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages. NOTE – If YOU use the services of another provider to promote a website hosted by or through Simply Brilliant Solutions (”spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

99.99% Uptime Guarantee

(1) COVERAGE – This 99.99% uptime guarantee applies to any Customer in good financial standing with Simply Brilliant Solutions at the time of a service outage. (2.) SERVICE LEVEL AGREEMENT (”SLA”) & SPECIFICATIONS – Simply Brilliant Solutions endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime (”unavailability”) is defined as 100% packet loss from Simply Brilliant Solutions to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Simply Brilliant Solutions’s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Simply Brilliant Solutions NOC.
Simply Brilliant Solutions’s administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the Simply Brilliant Solutions network.

(3a.) SHARED HOSTING CREDITS – In the event that YOUR website is unavailable for less than 100%, Simply Brilliant Solutions will credit the following month’s service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month. Monthly Uptime Credit:

95% to 99.9% – YOUR account will be credited 10% of your monthly hosting fee
90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee
89.9% or below – YOUR account will be credited 50% of your monthly hosting fee

(3b.) RESTRICTIONS – Credit shall not be provided to YOU in the event that you have any outage resulting from:

scheduled maintenance as posted from time to time at Simply Brilliant Solutions,
your behavior or the performance or failure of your equipment, facilities or applications,
circumstances beyond Simply Brilliant Solutions’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
YOU breaking any agreement policy in Simply Brilliant Solutions’s “Terms & Conditions and AUP” causing a machine to fail as a result.

Technical Support Boundaries

Simply Brilliant Solutions provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues. However, in under no circumstances is Simply Brilliant Solutions neither obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any EasyApps applications that are installed through the cPanel control panel interface are installed as directed.

CGI Scripts

Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice. (this section does not apply to managed dedicated servers)

Chat Rooms

We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with Simply Brilliant Solutions. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides ‘real-time’ chat is also not permitted. Most chat rooms tend to use system resources disproportionately and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB or similar forum scripts are acceptable.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. YOU can however, install IRC clients on managed dedicated servers. The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited.

GENERAL TERMS OF USE

Payment Policies

All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. Simply Brilliant Solutions reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifies Simply Brilliant Solutions to request for termination of services. All payment is in U.S. currency. Simply Brilliant Solutions will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All Simply Brilliant Solutions accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length.

Cancellation of Service

Simply Brilliant Solutions reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Simply Brilliant Solutions if we institute our right of cancellation. Any violation of policies which results in extra costs will be billed to YOU (i.e. transfer, space etc.). All account cancellations must be sent by email to info@simplybrilliantsolutions.com.

Promotional Rates & Special Offers

Simply Brilliant Solutions may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.

Intellectual Property Rights

Material accessible to you through Simply Brilliant Solutions’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Simply Brilliant Solutions or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Simply Brilliant Solutions network. If YOU use a domain name in connection with Simply Brilliant Solutions or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the Simply Brilliant Solutions network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Simply Brilliant Solutions will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce

YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation: (a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products, (b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and (c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.

Static & Dynamic Content Caching

YOU expressly

(i) grant to Simply Brilliant Solutions a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Simply Brilliant Solutions under this Agreement and

(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.

IP Address Ownership

Simply Brilliant Solutions shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Simply Brilliant Solutions. Simply Brilliant Solutions reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Lawful Purpose

Simply Brilliant Solutions reserves the right to refuse service to anyone. YOU may only use Simply Brilliant Solutions server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is pornographic, obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3″. The designation of any materials as such described above is left entirely to the discretion of Simply Brilliant Solutions management. If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Simply Brilliant Solutions may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification. Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Fremont, California, and any dispute will be litigated or arbitrated in Fremont, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL Simply Brilliant Solutions’S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Indemnification

YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD SIMPLY BRILLIANT SOLUTIONS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST SIMPLY BRILLIANT SOLUTIONS, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SIMPLY BRILLIANT SOLUTIONS AGAINST LIABILITIES ARISING OUT OF: (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH SIMPLY BRILLIANT SOLUITONS’ SERVER. (2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM SIMPLY BRILLIANT SOLUTIONS’ SERVER.

Disclaimer

SIMPLY BRILLIANT SOLUTIONS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. SIMPLY BRILLIANT SOLUTIONS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. SIMPLY BRILLIANT SOLUITONS DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY SIMPLY BRILLIANT SOLUTIONS AND ITS EMPLOYEES. SIMPLY BRILLIANT SOLUTIONS RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF SIMPLY BRILLIANT SOLUTIONS MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELLATION.

Privacy Statement

Simply Brilliant Solutions follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.

Payments and Refunds

You may request a refund of monies paid within 60 days of your first payment for services to Simply Brilliant Solutions, except where specifically noted in sales documents or communications. If you receive a refund of any kind, you agree that you shall not make any further use of the services for which you have received a refund.

You acknowledge and agree that grant of any refund, for any purpose, in any amount will be left to the sole discretion of Simply Brilliant Solutions and that You will not, nor allow any third party acting on your behalf to, pursue, in any way, reimbursement or refund in any form if a request made for a refund by You (or by any third party on Your behalf) has been refused by Simply Brilliant Solutions for any reason under any circumstances.

In the event that any third party makes a claim that a payment made on your behalf to Simply Brilliant Solutions for the purposes of gaining access to any Services (including any payments made to use Services to gain access to other goods and services provided by Simply Brilliant Solutions to You under a separate written agreement) was made fraudulently or through fraudulent means (including but not limited to unauthorized credit card use, misrepresentation of identity or otherwise) You acknowledge and agree to accept full responsibility (including but not limited to financial and legal responsibility) for any damages suffered by Simply Brilliant Solutions.

Termination of this or any other Agreement between You and Simply Brilliant Solutions will not grant, produce, create or in any way imply Your eligibility for any refund of any payments made to Simply Brilliant Solutions.

Changes to the Terms

Simply Brilliant Solutions may make changes to the Terms at any time. When these changes are made, Simply Brilliant Solutions will make a new copy of the Terms available to You at: http://www.simplybrilliantsolutions.com/terms-of-use/

You acknowledge and agree that Simply Brilliant Solutions will treat Your use of any Services after the date on which the Terms have changed as explicit agreement to and acceptance of the new Terms from that point onward.

Termination of Agreement

The Terms will continue to apply until terminated by either You or Simply Brilliant Solutions as set out below.

If You wish to terminate Your legal agreement with Simply Brilliant Solutions, You may do so at any time by notifying Simply Brilliant Solutions of Your intent and providing Simply Brilliant Solutions with all account, login and access information and resources in use by You for Services. Your notice must be sent, in writing, to Simply Brilliant Solutions at: info@simplybrilliantsolutions.com

Simply Brilliant Solutions may at any time, terminate its legal agreement with You, with or without providing notice.

When these Terms come to an end, all of the legal rights, obligations and liabilities that You and Simply Brilliant Solutions have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions set forth in the Terms shall continue to apply to such rights, obligations and liabilities indefinitely.

You acknowledge and agree that any activity You engage in to be deemed by Simply Brilliant Solutions as abuse of, or abusive towards in any way, any Simply Brilliant Solutions officers, directors, employees or agents in any medium or format will result in the immediate suspension or termination of Services with or without notice.

Miscellaneous

These Terms constitute the entire Agreement between Simply Brilliant Solutions and You concerning all Services provided to You by Simply Brilliant Solutions (excluding any goods or services Simply Brilliant Solutions may provide to You under a separate written agreement), completely replaces any prior agreements between You and Simply Brilliant Solutions in relation to Services and may be amended only by Simply Brilliant Solutions with or without notice at any time.