SimpleVMS

Terms of Service

This Terms of Service applies to all of the products, services and websites offered by SimpleVMS, Inc. or its subsidiaries or affiliated companies. 

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Contact Information

If you have any questions about the Terms of Service, please feel free to contact us through our website or write to us at:

SimpleVMS
7793 Five Mile Road,
Cincinnati, OH 45230
USA

Your SimpleVMS Account and Site. 

If you create or are given an account on any SimpleVMS system (“the Website”), you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify SimpleVMS, Inc. of any unauthorized uses of your account, your account or any other breaches of security. SimpleVMS, Inc. will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Supported Web Browsers 

SimpleVMS will provide best effort support for the current version & one version older than the current version of the following web browsers:

• Mozilla Firefox (Windows, macOS, Linux, Android, iOS)
• Google Chrome (Windows, macOS, Linux, Android, iOS)
• Microsoft Edge (Windows only)
• Apple Safari (iOS only)
• Web browsers other than the above may function with SimpleVMS software, but such functionality is not guaranteed and no support will be provided.

Responsibility of Contributors

If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.

By making Content available, you represent and warrant that:

• Time and expenses reported shall accurately reflect the actual hours worked and only permitted expenses, and are subject to verification and audit at any time. In addition to any other remedies that may be available, any company or individual who fraudulently reports time and/or expenses will be subject to termination of account as well as legal action;
• The deadline for approving time and expenses is Monday at 11PM Eastern Time, except for weeks where Monday is a national holiday in the USA, in which case the deadline for approval is Tuesday at 11PM Eastern Time. TIME AND EXPENSES APPROVED AFTER THE DEADLINE WILL BE INVOICED ON THE FOLLOWING WEEK, WITHOUT EXCEPTION.
• The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• Your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other accounts and web sites, and similar unsolicited promotional methods;
• Your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s name is not the name of a person other than yourself or company other than your own; and
• You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by SimpleVMS, Inc. or otherwise.

By submitting Content to SimpleVMS, you grant SimpleVMS, Inc. license to store and make the Content available for download to authorized users. If you delete Content, SimpleVMS, Inc. will use reasonable efforts to remove it from the Website, but you acknowledge that backups, caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, SimpleVMS, Inc. has the right (though not the obligation) to, in SimpleVMS, Inc.’s sole discretion (i) refuse or remove any content that, in SimpleVMS, Inc.’s reasonable opinion, violates any SimpleVMS, Inc. policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in SimpleVMS, Inc.’s sole discretion.

Responsibility of Website Users

SimpleVMS, Inc. has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, SimpleVMS, Inc. does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. 

The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. SimpleVMS, Inc. disclaims any responsibility for any harm resulting from the use by users of the Website, or from any downloading by those users of content there posted. users of the Website, or from any downloading by those users of content there posted. You are prohibited from violating or attempting to violate the security of any part of the Website, including without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any SimpleVMS, Inc. site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, (e) intentionally or unintentionally infecting the system with known or unknown virus programs or (g) using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted thereon. Violations of system or network security may result in civil or criminal liability. SimpleVMS, Inc. may investigate occurrences which may involve such violations and will cooperate with law enforcement authorities in prosecuting parties who are involved in such violations.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which SimpleVMS links, and that link to SimpleVMS. SimpleVMS, Inc. does not have any control over those non-SimpleVMS websites and webpages, and is not responsible for their contents or their use. By linking to a non-SimpleVMS website or webpage, SimpleVMS, Inc. does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SimpleVMS, Inc. disclaims any responsibility for any harm resulting from your use of non-SimpleVMS websites and webpages.

Copyright Infringement and DMCA Policy

As SimpleVMS, Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SimpleVMS violates your copyright, you are encouraged to notify SimpleVMS, Inc. in accordance with the Digital Millennium Copyright Act . SimpleVMS, Inc. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. SimpleVMS, Inc. will terminate a user’s access to and use of the Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of SimpleVMS, Inc. or others. In the case of such termination, SimpleVMS, Inc. will have no obligation to provide a refund of any amounts previously paid to SimpleVMS, Inc..

Intellectual Property

This Agreement does not transfer from SimpleVMS, Inc. to you any SimpleVMS, Inc. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SimpleVMS, Inc.. Except as expressly provided by this Agreement, no license to you, under any trademark, patent, copyright, mask work protection right, or any other intellectual property right, is either granted or implied by the conveying of confidential or proprietary information to you. Neither this Agreement nor any of information which may be disclosed by SimpleVMS, Inc. shall constitute any representation, warranty, assurance, guarantee, or inducement by SimpleVMS, Inc. to you of any kind, and in particular, with respect to the non-infringement of trademarks, patents, copyrights or any intellectual property rights or other rights of third persons. ‘SimpleVMS, Inc..’, ‘SimpleVMS’, the SimpleVMS logo, and all other trademarks, service marks, graphics and logos used in connection with SimpleVMS, Inc., or the Website are trademarks or registered trademarks of SimpleVMS, Inc. or SimpleVMS, Inc.’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any SimpleVMS, Inc. or third-party trademarks. You may not: (a) distribute or otherwise make the Website available to any third party, (b) merge or embed the Website into any other computer program, or (c) copy or reproduce the Website Service for any purpose. You shall not in any manner, modify, decipher, decompile, disassemble, or reverse engineer the software comprising or in any way making up a part of the Website.

Advertisements

SimpleVMS, Inc. reserves the right to display advertisements.

Automatic Renewal

Unless you notify SimpleVMS, Inc. before the end of the applicable renewal period that you want to cancel service, your agreement(s) will automatically renew.

Termination

SimpleVMS, Inc. may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SimpleVMS account (if you have one), you must notify SimpleVMS, Inc. in writing. SimpleVMS, Inc. can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

YOU UNDERSTAND AND EXPRESSLY AGREE THAT:

1. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMPLEVMS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. SIMPLEVMS AND PARTNERS DO NOT WARRANT THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SIMPLEVMS SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, (V) THE WEBSITE WILL BE COMPATIBLE WITH ANY OF YOUR WEB BROWSERS OR SOFTWARE, AND (VI) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIMPLEVMS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

In no event will SimpleVMS, Inc., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SimpleVMS, Inc. under this agreement during the ninety (90) day period prior to the cause of action. SimpleVMS, Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless SimpleVMS, Inc., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the SimpleVMS, Inc. Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Miscellaneous

This Agreement constitutes the entire agreement between SimpleVMS, Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SimpleVMS, Inc., or by the posting by SimpleVMS, Inc. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Ohio, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Hamilton County, Ohio. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Hamilton County, Ohio, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SimpleVMS, Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Changes to This Terms of Service

SimpleVMS, Inc. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. SimpleVMS, Inc. may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.