Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING THE SERVICE. BY ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE, THEN YOU MAY NOT USE OR ACCESS SERVICE, OR ANY PART THEREOF. INTERNET SIMPLICITY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS OF USE ARE CONSIDERED AN OFFER BY INTERNET SIMPLICITY, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Acceptance of Terms.

The following terms and conditions govern all use of the typeroom.com website and all content, services and products available at or through the website, including, but not limited to, the “TypeRoom Lite” and “TypeRoom Professional” services (collectively, the Service). The Service is owned and operated by Internet Simplicity, Inc. (Internet Simplicity). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the Terms of Use) and all other operating rules, policies and procedures that may be published from time to time on the Site by Internet Simplicity.

The Service is available only to individuals who are at least 18 years old. If you are not at least 18 years old, do not attempt to register for or use the Service. Internet Simplicity may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.

Modification of Terms of Use.

Internet Simplicity reserves the right, at its sole discretion, to modify or replace any of the Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

The TypeRoom Lite and TypeRoom Professional Service.

The Site will allow you to access and use Internet Simplicity’s TypeRoom Lite and TypeRoom Professional service. TypeRoom Lite and TypeRoom Professional allows authorized users to make edits to the HTML and content of their own websites.

Subject to the terms of the Terms of Use, Internet Simplicity grants you a limited, personal, non-sublicensable, non-transferable, nonexclusive license to use the TypeRoom Lite and TypeRoom Professional service only for your internal use and only in accordance with any other instructions posted by Internet Simplicity on the Site (or otherwise provided to You by Internet Simplicity in an email). You shall not, nor permit anyone else to, directly or indirectly: (i) copy, modify, or distribute the TypeRoom Lite and TypeRoom Professional service; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the TypeRoom Lite and TypeRoom Professional service (except where the foregoing is expressly prohibited by applicable local law, and then only to the extent so prohibited); (iii) rent, lease, or use the TypeRoom Lite and TypeRoom Professional service for timesharing or service bureau purposes, or otherwise use the TypeRoom Lite and TypeRoom Professional service on behalf of any third party; or, (iv) use the TypeRoom Lite and TypeRoom Professional service for performing comparisons or other "benchmarking" activities, either alone or in connection with any other service. You understand that Internet Simplicity may modify or discontinue offering the TypeRoom Lite and TypeRoom Professional service at any time. The Terms of Use do not give you any rights to the TypeRoom Lite and TypeRoom Professional service not expressly granted herein.

TypeRoom Lite and TypeRoom Professional Registration.

As a condition to using TypeRoom Lite and TypeRoom Professional service, you may be required to register with Internet Simplicity for an “Account” and select a password and screen name (Internet Simplicity User ID). You shall provide Internet Simplicity with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Internet Simplicity account. You shall not (i) select or use as a Internet Simplicity User ID a name of another person with the intent to impersonate that person; (ii) use as a Internet Simplicity User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Internet Simplicity User ID a name that is otherwise offensive, vulgar or obscene. Internet Simplicity reserves the right to refuse registration of, or cancel a Internet Simplicity User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Internet Simplicity password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Internet Simplicity in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

TypeRoom Lite and TypeRoom Professional Fees.

The TypeRoom Lite and TypeRoom Professional service may require the payment of fees. You shall pay all applicable fees, as described on the Site (or as otherwise described by Internet Simplicity in an email to you). Internet Simplicity reserves the right to change the prices it charges for the TypeRoom Lite and TypeRoom Professional service or to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Site. If Internet Simplicity terminates your access to the TypeRoom Lite and TypeRoom Professional service for any reason other than your breach of the Terms of Use, it will refund to you the pro rated amounts paid by you for the unexpired portion of your TypeRoom Lite and TypeRoom Professional subscription term.

Privacy.

Internet Simplicity's current Site privacy statement is located at http://internetsimplicity.net/privacy (the Privacy Policy) and is incorporated into the Terms of Use. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please contact privacy@isimple.net.

Rules and Conduct.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service is provided only for your own personal, non-commercial use (except that the TypeRoom Lite and TypeRoom Professional service may be used (as set forth above) for editing a website that has an independent commercial purpose).

By way of example, and not as a limitation, you shall not to (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Service, that:

infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Internet Simplicity or any third party; or
impersonates any person or entity, including any employee or representative of Internet Simplicity.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Internet Simplicity in its sole discretion) an unreasonable or disproportionately large load on Internet Simplicity’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures Internet Simplicity may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder.

You shall abide by all applicable local, state, national and international laws and regulations.

Third Party Sites.

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Internet Simplicity's control, and you acknowledge that Internet Simplicity is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Internet Simplicity or any association with its operators. You further acknowledge and agree that Internet Simplicity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Internet Simplicity Content Generally.

You agree that the Service contains content specifically provided by Internet Simplicity or its partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Internet Simplicity in writing, you shall not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such content. However, Internet Simplicity hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the content (excluding any software code); provided, that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Internet Simplicity.

Termination.

Internet Simplicity may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

No Warranties.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. INTERNET SIMPLICITY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

Limitation of Liability.

IN NO EVENT SHALL INTERNET SIMPLICITY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification.

You shall defend, indemnify, and hold harmless Internet Simplicity, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from your (i) use or misuse of, or access to, the Service; (ii) violation of the Terms of Use; or, (iii) the infringement by any website(s) (excepting the Site), with respect to which you have used the TypeRoom Lite and TypeRoom Professional service (including, without limitation, any content or other intellectual property contained thereon or associated therewith), of any intellectual property or other right of any person or entity. Internet Simplicity reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Internet Simplicity in asserting any available defenses.

International Use.

Internet Simplicity makes no representation that the Service is appropriate or available for use in locations outside of the United States of America and accessing the Service is prohibited from territories where it is illegal.

Dispute Resolution.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Internet Simplicity agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of this Site or Services shall be filed only in the state or federal courts located in San Francisco County, California and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

Integration and Severability.

The Terms of Use are the entire agreement between you and Internet Simplicity with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Internet Simplicity with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

Miscellaneous.

The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Internet Simplicity's prior written consent. Internet Simplicity may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices.

Internet Simplicity, TypeRoom, TypeRoom Lite and TypeRoom Professional, Intercept Publishing Technology are either trademarks or registered trademarks of Internet Simplicity. The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners.