Surfsimple Products
For purposes of these Terms of Service, the term "Surfsimple Products" shall mean Surfsimple software (whether preinstalled, on a medium or offered by download), Surfsimple services, Surfsimple websites (including, without limitation, Surfsimple.com) and all other software, features, tools, web sites and services provided by or through Surfsimple from Surfsimple, Inc. and its business divisions (collectively " Surfsimple ") and Surfsimple's third-party vendors.

Additional Terms and Conditions for other Services or Products
You agree and understand that certain Surfsimple Products, features and other premium services offered by or through Surfsimple (including services from Surfsimple) may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms and you further agree that a violation of those terms while you are accessing those products with your Surfsimple ID or through a Surfsimple Product shall constitute a breach of these Terms of Service.

Modifications to the Terms of Service
Surfsimple may change the Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of the Surfsimple Products. Surfsimple will provide at least 30-days' notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the Surfsimple Products and cancel your registration.

Requirements for Use or Registration of Surfsimple Products
The Surfsimple Products are intended for general audiences. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Service. Some Surfsimple Products may require the user to register and provide information to Surfsimple, such as name, e-mail address, gender, date of birth, zip code (the "Registration Information"). If you register for any Surfsimple Product, you agree to provide accurate and complete Registration Information and you agree to keep such information current.

You will need a valid form of identification to use Surfsimple Products, such as a Email Address or such other forms of user identification authorized by Surfsimple (collectively, "Surfsimple ID"). You may use the Surfsimple ID already assigned to you from Surfsimple-authorized services. If you do not have a Surfsimple ID, you can register for a Surfsimple ID on the Surfsimple service. You may not (1) select or use a Surfsimple ID of another person with the intention of impersonating that person, (2) use a Surfsimple ID of anyone else without authorization, (3) use a Surfsimple ID in violation of the intellectual property rights of any person or (4) use a Surfsimple ID that Surfsimple considers in its sole discretion as being inappropriate.

Inactive Status
Unless you are a subscriber to a Surfsimple fee-based subscription service, you must use your Surfsimple ID on a regular basis (e.g., log into Surfsimple Product) to keep your Surfsimple ID and registration active. Surfsimple may cancel the registration and Surfsimple ID and delete any data any Surfsimple Product of any registered user who does not have a current subscription or who Surfsimple has determined in its sole discretion has not used such Surfsimple ID for a period of ninety (90) days. If your Surfsimple ID is canceled, you will need to re-register for a Surfsimple Product and obtain a new Surfsimple ID to gain access to registration-based features and tools. If the Surfsimple ID that you previously used and which was canceled has not been taken by another registered user of Surfsimple or any affiliated service, you may re-register with your canceled Surfsimple ID. You agree that Surfsimple may deactivate any free accounts offered by Surfsimple that you do not use or visit for a period of thirty (30) consecutive days. You agree that Surfsimple has no responsibility or liability for the deletion or failure to store any messages on such deactivated accounts. If your account is deactivated, you will need to reactivate your account or sign up a new account.

Registered User Information
The Surfsimple Privacy Policy explains how Surfsimple collects and uses information and the choices you have with that information. You consent to Surfsimple using your registration information and other information collected by Surfsimple under the terms of the Surfsimple Privacy Policy.

By registering with or using Surfsimple Products, you consent to the collection and use of your personal information and the transfer of this information to the United States or other countries for the processing and storage by Surfsimple. Additionally, you agree that Surfsimple may use the Surfsimple ID to authenticate you on Surfsimple's Service, help store your registration and transaction-related information, and enable you to take advantage of offerings from Surfsimple and its affiliated providers.

Your Responsibility
You are responsible for all activity made by you or anyone you allow to use your Surfsimple account and Surfsimple ID, including your family or friends. You agree to keep confidential the passwords associated with your account. You may not use Surfsimple while driving, operating hazardous equipment, or engaging in other forms of hazardous activities. You agree to indemnify and hold harmless Surfsimple for losses incurred by Surfsimple or another party due to someone else using your account or password as a result of your failure to use reasonable care to keep your account information confidential or as a result of your failure to use reasonable care while using Surfsimple Products.

You are responsible for any materials you post or make available on or through the Surfsimple Products, including message board posts, chat participation and homepages.

Communications
You are responsible for obtaining your own Internet access, such as maintaining all telephone, computer hardware and other equipment needed for access to and use of the Surfsimple Products, and all charges related thereto. Any telephone or other communications charges incurred by you to access Surfsimple are your responsibility. If you are accessing Surfsimple through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, your carrier, such as a wireless carrier, may charge service fees for alerts, text messaging (including receiving/sending messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify the fees that may apply to you.

You May Use the Surfsimple Products for Lawful Purposes Only
You may use Surfsimple Products for lawful purposes only. You may not post on or transmit through community areas (e.g., message boards, chat, e-mail, calendars, messaging products) or other means any material that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (3) encourages conduct that would constitute a criminal offense, (4) gives rise to civil liability, (5) violates any policies posted in any community areas or (6) otherwise violates any law. You also may not undertake any conduct that, in Surfsimple 's judgment, restricts or inhibits any other user from using or enjoying the Surfsimple Products, including without limitation the community areas.

No Spam, Bulk Email or Bulk Messages
You may not use Surfsimple Products including communication tools such as e-mail, messaging and chat services to send unsolicited bulk communications, including through e-mail or messages. Similarly, you may not authorize others to use your account or sub-accounts to send unsolicited bulk communications, or cause unsolicited bulk communications to be sent by someone else. You may not harvest or collect information about Surfsimple users from Surfsimple Products, including Surfsimple IDs, and use that information for the purpose of sending unsolicited bulk communications. Any violation of these provisions may result in immediate termination of your account and further legal action. You agree that Surfsimple may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within Surfsimple's networks.

Content You May Use
Surfsimple, its vendors and Surfsimple users who lawfully post content such as information, software, games, communications, photos, video, graphics, music, sound and other materials ("Content") on Surfsimple Products own the property rights to that Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Surfsimple or its vendors. You agree that you will not take any action to interfere with Surfsimple 's or its vendors' ownership of or rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content.

You may use Content available on the Surfsimple Products only for personal, non-commercial purposes. You may be given the opportunity to download certain Content such as music and photos, but you may do so only to the extent as authorized for that particular Content and only for your personal use. You may not use the Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work.

Content You Post
You may only post Content that you created or which the owner of the Content has given you. You may not post or distribute Content that is illegal or that violates these Terms of Service. By posting or submitting Content on any Surfsimple Product, you represent and warrant that (i) you own all the rights to this Content or are authorized to use and distribute this Content on the Surfsimple Product and (ii) this Content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.

Although you or the owner of the Content retain ownership of all right, title and interest in Content that you post to any Surfsimple Product, Surfsimple owns all right, title and interest in any compilation, collective work or other derivative work created by Surfsimple using or incorporating this Content. In addition, by posting Content on an Surfsimple Product, you grant Surfsimple, its parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this Content in any medium. You waive any right to privacy. You waive any right to inspect or approve uses of the Content or to be compensated for any such uses.

No Duty to Monitor
Surfsimple is not required to pre-screen Content available on the Surfsimple Products, including the content of any messaging that occurs on or through the Surfsimple service, although Surfsimple reserves the right to do so in its sole discretion. Surfsimple is not liable for Content that is provided by others. Surfsimple reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with these Terms of Service, but Surfsimple is not responsible for any failure or delay in removing such material.

Changes to the Service
Surfsimple has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Surfsimple Products including, but not limited to, the software, community areas, Content, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on Surfsimple servers on your behalf either cumulatively or for any particular service or the availability of Surfsimple Products on any particular device or communications service. Surfsimple has no obligation to provide you with notice of any such changes.

Surfsimple License to You
Surfsimple and its vendors grant you a personal, non-exclusive, non-transferable limited license to install the software and services distributed by Surfsimple (including all software and services provided by a third-party vendor for Surfsimple) in object code form only on any computer or device from which you wish to access the Surfsimple service and all other Surfsimple Products ("Software") and to use the Software for the sole and exclusive purposes of connecting to and using the Surfsimple Products in accordance with these Terms of Service. You may not sub-license, or charge others to use or access the Software without first obtaining written permission from Surfsimple. Surfsimple occasionally will provide automatic upgrades to improve your online experience, such as virus and spam screening technologies, although these upgrades may not be consistent across all platform and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services.

You may not sell, assign, grant a security interest in or otherwise transfer any right in the Software or incorporate it (or any portion of it) into another product. You may not copy the Software. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Software. You may not modify the Software or use it in any way not expressly authorized by these Terms of Service. You may not obtain the communications protocol for accessing the Surfsimple service, the Surfsimple Products, or any other Surfsimple services. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that Surfsimple's introduction of various technologies may not be consistent across all platforms and that the performance and features offered by Surfsimple may vary depending on your computer and other equipment.

Restrictions on Access to or Use of Surfsimple Products
You may access Surfsimple Products only through the interfaces and protocols provided or authorized by Surfsimple. You agree that you will not access Surfsimple Products through unauthorized means, such as unlicensed software clients, and that you will only use Surfsimple Products in conjunction with Surfsimple authorized products and components.

U.S. Government End Users
The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein.

Export Control
You agree to comply with all export and import laws and restrictions and regulations of the United States or any foreign agency or authority, and not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, you may not export or re-export any commodities, software, or technical data received from Surfsimple, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Software from the U.S.

No Support by Surfsimple
You understand that your use of the Software is at your own risk and that Surfsimple provides no assistance other than the information posted on the Surfsimple Web site located at http://www.surfsimple.net. Surfsimple is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software.

Third-Party Services
Third parties may offer from time to time applications or services to access Surfsimple services and Surfsimple Products. Your use of such third-party applications will be at your own risk and subject to the terms and conditions of those third parties. Surfsimple does not represent and warrant that access and use of Surfsimple Products through these third-party applications will be compatible, uninterrupted, error free, without defects or that you will be able to access the Surfsimple Products at all times and locations of your choosing. You also agree that Surfsimple is under no obligation to provide you with any error corrections, updates, upgrade, fixes and/or enhancements to make Surfsimple Products accessible through these third-party applications.

Copyright Infringement
If you believe that your work has been copied and is accessible on a Surfsimple Product in a way that constitutes copyright infringement, please contact Surfsimple.

No Endorsement
Surfsimple Products may contain links to other web sites, resources and advertisers. Surfsimple is not responsible for the availability of these external sites nor does it endorse, or is it responsible for, the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Surfsimple or any of the affiliated providers be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns to such external sites' administrator or Webmaster.

Disclaimer of Warranty; Limitation of Liability

DISCLAIMER OF WARRANTIES. YOUR USE OF THE SURFSIMPLE PRODUCTS AND SOFTWARE IS AT YOUR SOLE RISK. THE SURFSIMPLE PRODUCTS AND SOFTWARE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, SURFSIMPLE AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE SURFSIMPLE PRODUCTS AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. SURFSIMPLE AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SURFSIMPLE PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SURFSIMPLE PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SURFSIMPLE PRODUCTS AND SOFTWARE WILL BE CORRECTED. SURFSIMPLE AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SURFSIMPLE PRODUCTS, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. SURFSIMPLE PROVIDES THE SURFSIMPLE PRODUCTS AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE SURFSIMPLE PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT SURFSIMPLE WILL HAVE ADEQUATE CAPACITY FOR THE SURFSIMPLE PRODUCTS AS A WHOLE.

LIMITATION OF LIABILITY. SURFSIMPLE 'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SURFSIMPLE (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOFTWARE OR SURFSIMPLE PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE SURFSIMPLE PRODUCTS AND SOFTWARE. SURFSIMPLE AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SURFSIMPLE PRODUCTS, SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH SURFSIMPLE PRODUCTS AND SOFTWARE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SURFSIMPLE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SURFSIMPLE AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. SURFSIMPLE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH SURFSIMPLE PRODUCTS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Indemnification
You agree to defend, indemnify and hold harmless Surfsimple, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Surfsimple Products. Surfsimple reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for Surfsimple in that matter.

Termination
Surfsimple has the right to terminate your Surfsimple ID, your registration, the Software license or your access to Surfsimple Products for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Service (either directly or through breach of any other terms and conditions or operating rules applicable to you). Surfsimple may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Surfsimple Products.

Trademarks
All trademarks appearing on the Surfsimple Products are the property of their respective owners, including, without limitation, Surfsimple, Inc.

Purchases and Premium Services
Surfsimple may from time to time give you the opportunity to purchase or subscribe to products and premium services on Surfsimple (collectively, "Premium Services"). You agree that your purchase or subscription of any Premium Service will be subject to additional terms and conditions that will supplement this agreement.

You can go to "My Account" on the Surfsimple Product to get information about billing or to determine the status of your bill and the amount of any surcharge.

Any trial promotion (such as free trial time or trial access to a Premium Service) must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a membership fee. Please note, however, that even during any free trial or other promotion, you will still be responsible for any purchases and surcharges incurred using your account and that you remain responsible for any telecommunications charges or internet access charges that you may incur while you use a Premium Service.

Your Payment Responsibilities
You must select a payment method to pay for your fees for any Premium Service and for all purchases made from Surfsimple Products. You must give Surfsimple accurate billing and payment information and keep this information up-to-date through the "My Account" area on Surfsimple.com. You agree to pay Surfsimple for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize Surfsimple to charge your designated payment method for these charges. If Surfsimple does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by Surfsimple or its operators.

Every time you use an Surfsimple Product, you reaffirm that (i) Surfsimple (or its designated vendor acting as Surfsimple's billing agent) is authorized to charge your designated payment method; (ii) Surfsimple may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your membership is canceled or terminated.

You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges and purchases made by you or anyone on your account.

You must notify Surfsimple's customer service about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to Surfsimple's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

Subscription Plans
Fees charged for subscription plans are nonrefundable and due in advance unless provided otherwise in your subscription plan. Under most monthly plans, your payment method will be charged automatically every month until such time that you cancel your subscription or Surfsimple otherwise terminates your subscription. Also, under most subscription plans, Surfsimple will automatically renew your subscription and charge your payment method until such time that you cancel your subscription or Surfsimple otherwise terminates your subscription.

Electronic Delivery Policy
Surfsimple, as an online business, transacts with its users electronically. WHEN YOU SIGN UP FOR ANY SURFSIMPLE PRODUCT, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM SURFSIMPLE ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). You agree that Surfsimple generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail address that you provided to Surfsimple during registration or (2) Surfsimple may post Notices on a welcoming screen or top page of the relevant Surfsimple Product. You agree that certain premium services may also have their own Notice procedures. You must check your designated e-mail address regularly for Notices. You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser and Internet e-mail software in order to access electronic communications. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of the Terms of Service by clicking on the "Terms of Service" link on the home page of Surfsimple.com. The delivery of any Notice from Surfsimple is effective when sent by Surfsimple, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms of Service.

Miscellaneous
A. The provisions of these Terms of Service addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, Premium Services and governing law shall survive the termination of these Terms of Service, your Premium Services and your registration with the Surfsimple Products.

B. These Terms of Service and any operating rules for any areas of functionality of the Surfsimple Products established by Surfsimple constitute the entire agreement between Surfsimple and you regarding the subject matter of these Terms of Service, and supersede all previous written or oral agreements. In the event of any inconsistency between these Terms of Service and any such other terms of use or operating rules of a specific Surfsimple Product, these Terms of Service will supersede such other terms of service or operating rules. The Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Service and or your use of the Surfsimple Products resides in the courts located in the State of California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. The foregoing provision may not apply to you depending on the laws of your jurisdiction. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.