1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

This document defines the SimplytheBest.net Terms of Service ("TOS"). The TOS comprises the entire agreement between the individual or company registering a SimplytheBest Blogs account ("User") and SimplytheBest Inc. ("SimplytheBest Blogs"). By registering an account at the SimplytheBest Blogs Web site, you agree with the terms and conditions of the TOS.

2. MODIFICATIONS TO TERMS OF SERVICE
SimplytheBest Inc. may change the terms and conditions of the TOS without prior notice nor posterior notification to User. Changes to the TOS will be signaled to the user upon login at the SimplytheBest.net site on a good faith principle.

3. SERVICE DESCRIPTION
SimplytheBest Blogs provides a hosted blog service ("Service"). A hosted blog service is composed of two parts: (i) Web application for online editing of blog contents. (ii) Hosting of the Web server needed for publishing the Weblog content. The provided service allows for editing and publishing of the blog content, namely: posts, categories, photo albums, post/photo comments, blogrolls, personal profiles. Storage or bandwidth limits are applied to content, according to account levels, further described in the pricing policy.

4. MODIFICATIONS TO SERVICE
SimplytheBest Inc. may change the provided service without prior notice nor posterior notification to User. Changes to the service will be signaled to the user upon login at the SimplytheBest Blogs site on a good faith principle.

5. USER IDENTIFICATION
SimplytheBest Blogs identifies User by the provided email and password provided during registration phase. After successful login, all actions are considered to be taken by User. 5a. The guarantee of confidentiality of the email and password used to login at SimplytheBest Blogs is the sole responsibility of User. 5b. In the event of loss of the password by User, SimplytheBest Blogs may send a password recovery message to the email provided during registration. The guarantee that only User may read this message is the sole responsibility of User.

6. PRIVACY POLICY
Data submitted during registration and other personal data is subject to the SimplytheBest Inc. general Privacy Policy. The terms of the SimplytheBest.net Privacy Policy are incorporated into this TOS by reference.

7. CONTENT OWNERSHIP
SimplytheBest Blogs' Intellectual Property Rights. You acknowledge that SimplytheBest Inc. owns all right, title and interest in and to the Service, including all intellectual property rights ("SimplytheBest's Rights"). SimplytheBest's Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, SimplytheBest's Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.

7.1 LICENCE TO REPRODUCE
Content published by the User via SimplytheBest Blogs' services is owned by User. Usage of User's content by SimplytheBest Inc. is allowed for marketing purposes, unless said content is marked as private. Unless expressly authorized in writing by SimplytheBest Inc., you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.

7.2 INDEMNITY
You agree to indemnify and hold SimplytheBest Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

7.3 CENSORSHIP
Content published by User is not pre-screened by SimplytheBest Inc.. SimplytheBest Inc. shall have the right, in their sole discretion, to refuse publication or remove from their systems, of Content published by User.

8. ADVERTISERS
SimplytheBest Inc. is authorized to insert advertisement into content published by User. Advertisement shall take the form of advertisement banners or interstitials.

9. PRICING POLICY
The pricing policy defines SimplytheBest Blogs account types. Account types feature different limits on: (i) Access to SimplytheBest Blogs features, (ii) Storage limits for data stored in SimplytheBest.net servers, (iii) Bandwidth limits for data transferred out of SimplytheBest.net servers. The current pricing policy is documented in the SimplytheBest Blogs site, under the address "http://blogs.simplythebest.net". The pricing policy may change without prior notice or posterior notification to the User.

10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIMPLYTHEBEST INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) SIMPLYTHEBEST INC. WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, SIMPLYTHEBEST INC. IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. SIMPLYTHEBEST INC. DOES NOT WARRANT THAT: (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIMPLYTHEBEST INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SIMPLYTHEBEST INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

12. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH CASE, YOU CAN EITHER NOT USE THE SERVICES OR ACCEPT THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 EXPLICITLY.

13. WAIVER AND SEVERABILITY OF TERMS
The failure of SimplytheBest Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and all provisions of the TOS remain in full force and effect.

14. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of SimplytheBest.net services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and SimplytheBest Inc. and governs your use of the Service, superseding any prior agreements between you and SimplytheBest Inc.. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SimplytheBest.net services, affiliate services, third-party content or third-party software.

16. COPYRIGHT INFORMATION
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Service, please use the form at http://simplythebest.net/form/ to report the infringement.