The following terms and conditions (the "Conditions") apply to your use of the SimpleSite websites and products and you as a user of these websites and products hereby accept and agree to be bound by these Conditions.

Corporate details
SimpleSite ApS ("SimpleSite" or "we")
CBR.no: 27 97 24 54
Toldbodgade 31, 3. tv.
DK-1253 København K
Denmark
Phone: +45 33 32 17 12
Fax: +45 33 32 17 14
Email: customerservice@simplesite.com
Web: www.simplesite.com

SimpleSite offers products and services on the Internet (www.simplesite.com) related to the creation and hosting of personal websites (the "Services").

A free trial of the Services for one (1) month (a "free trial") is available to first time users of the SimpleSite websites.

The free trial includes all the SimpleSite features - including 40 web pages, 300 photos, 10 videominutes, more than 200 ready-made templates, speech bubbles on your photos, your personal guestbook and other features.

A FREE TRIAL IS FREE OF ANY FEES, CHARGES OR OTHER FINANCIAL OBLIGATIONS OR ANY OBLIGATIONS TO CONTINUE AS A SUBSCRIBER.

In order to establish your free trial website you will be asked to provide us with a correct personal email address. No credit card information is required for a free trial sign up.

Upon the expiration of your free trial, your website will be deactivated, unless you choose to sign up for a subscription, cf. below. Deactivation of your website means that visitors will not be able to view your website, but you will still be able to log in, view and edit your website and optionally sign up for a subscription.

Within ninety (90) days from the expiration date, you may choose to continue your website by signing up for a subscription. If you have not signed up within ninety (90) days, your website with contents will be deleted.

SimpleSite will inform you in due time when your free trial is about to expire.

The annual subscription fee for a SimpleSite personal website is $69 / £69 / €69.

The subscription fee includes:

• Your own SimpleSite website name e.g. www.simplesite.com/YourName
• 40 web pages
• 300 photos
• 10 video minutes
• More than 200 Ready-Made Design Templates
• SimpleSite features and services.

When your free trial expires, you will be asked by email if you wish to continue your website by signing up for a subscription and if so to provide us with the following information; (i) your credit card number and expiration date, (ii) your name, address and country. We will use that information for billing and to render our Services to you.

Upon receipt of the above-mentioned information, SimpleSite will activate your subscription and send you an email confirming your subscription.

Additional photos and web pages may be purchased for an extra fee, which will be added to the ordinary subscription fee. The price for 20 web pages and 200 photos extra is $4 / £4 / €4 per quarter.

If you purchase a domain you will be charged a domain subscription fee of $5 / £5 / €5 per quarter.

When your free trial subscription is about to expire, we will send you an e-mail informing you of this. This e-mail will be sent to the e-mail address that you have registered with SimpleSite. Then you should decide if you want to sign up for a regular paid subscription by paying for a subscription period with your credit card. If you sign up SimpleSite will charge the credit card that you provide to us, with the appropriate subscription fee that you have chosen. The subscription fee will be charged immediately when you sign up.

When a regular paid subscription period expires, we will send you an e-mail informing you of this. This e-mail will be sent to the e-mail address that you have registered with SimpleSite. Then you should decide if you want to continue your subscription by paying for a new subscription period with your credit card. If you continue, SimpleSite will charge the credit card that you provide to us, with the appropriate subscription fee that you have chosen. The subscription fee will be charged immediately when you pay for the next period.

It is also possible to register for automatic renewal payment using your credit card whenever your subscription expires.

IF YOU REGISTER FOR THE AUTOMATIC RENEWAL PAYMENT FOR YOUR SimpleSite SUBSCRIPTION, YOU AGREE THAT SimpleSite IS PERMITTED TO AUTOMATICALLY CHARGE YOUR CREDIT CARD THE SUBSCRIPTION FEE FOR RENEWAL OF YOUR SUBSCRIPTION FOR THE QUARTERLY OR 1 YEAR PERIOD, THAT YOU SPECIFIED.

The subscription fee will be charged two (2) calendar days before a new subscription period starts. If for instance your free trial expires on the 10th in a month, you will be charged on the 8th for the next quarter or 1 year period.

SimpleSite will charge your credit card on each renewal, unless or until you unsubscribe from SimpleSite OR discontinue the automatic payment service.

All fees and charges are non-refundable. SimpleSite may change existing fees and charges, or add new fees and charges from time to time, subject, however, to an advance email notice of these changes of at least fifteen (15) calendar days.

You may terminate your subscription to the SimpleSite Services at any time. To do so, simply sign in and click "Stop/Cancel my website" whereupon your subscription will be terminated and all content on your website will be deleted with no possibilities of reactivating it.

If you have registered for automatic payment service, you must terminate at least three (3) days before the renewal of your subscription to avoid the next subscription fee being charged to your credit card.

SimpleSite does not provide refunds or credits for any partial subscription periods.

If you have registered for automatic payment renewal and your credit card registered with SimpleSite expires or becomes invalid, you will be given a one (1) month grace period to register a new credit card. During this period your site will remain fully functional and visible to visitors.

If, at the end of the grace period, SimpleSite for any reason cannot charge your credit card your monthly fee, your website will be deactivated.

The website including all contents will be reactivated if SimpleSite receives credit card payment within ninety (90) days from the deactivation date.

After ninety (90) days the website including contents will be deleted.

As a user of the Services, whether as a free trial user or a subscriber, you agree that SimpleSite may send you the following by email:

• a weekly newsletter with personal visitor statistics and information from SimpleSite and offers related to SimpleSite
• information from SimpleSite such as product changes, prices, new products etc.

Information provided by you will not be shared with any third parties without your explicit permission

The Services are provided "as is" and SimpleSite makes no representations or warranties with respect hereto.

SimpleSite assumes no liability or responsibility for any errors or omissions in the content of the SimpleSite.com web site, any failures, delays, or interruptions in the electronic transmission or shipment of photos, delivery of any content contained on the SimpleSite.com web site, any losses or damages arising from the use of the content provided on the SimpleSite.com web site, or any conduct by users of the SimpleSite.com web site.

SimpleSite disclaims all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.

You, the user, understand and agree that the submission of photos or movies or any digital image to the SimpleSite.com web site, and the download or upload of any material through SimpleSite.com is done at your own risk, and you will be solely responsible for any loss or damage to such material or loss of data that my result in the download or upload of any material.

In no event shall SimpleSite, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

You agree to indemnify, defend and hold SimpleSite harmless, and our officers, employees, agents, licensors and third-party information providers to the Services, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Conditions or any activity related to your account by you or any other person accessing the service using your account.

Unless otherwise specified, the content on the SimpleSite.com web site is for your personal use and SimpleSite grants you a limited license to access the SimpleSite.com web site for that purpose. You may not download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the SimpleSite.com web site without our express written consent. Any unauthorized use of the SimpleSite.com web site or its contents will terminate the limited license granted by us to make use hereof and allow us to block your personal website(s).

SimpleSite may void any purchase of online products if SimpleSite Aps finds that external parties are speculating in taking advantage of beneficial offers to gain commissions for sales, etc.

You may not copy, transmit, distribute, publish or otherwise use templates, icons, graphics or other content of the SimpleSite.com web site or your personal website on a non-SimpleSite website or in any other manner, apart from content such as photographs, images, text etc. that you yourself have uploaded to your personal website(s).

The SimpleSite.com web site allows its users to post comments concerning the websites provided by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the SimpleSite.com web site are those of the respective authors or producers and not of SimpleSite or its shareholders, directors, officers, or employees. Under no circumstances shall SimpleSite or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the SimpleSite.com web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the SimpleSite.com web site.

By using SimpleSite's Services you further understand and agree that you may be exposed to content posted by other users that may be offensive, indecent or objectionable. Under no circumstances shall SimpleSite or its shareholders, directors, officers, or employees be liable in any way for any such offensive content.

SimpleSite permits you to post comments on SimpleSite.com web sites, provided that the content is not illegal, obscene, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false email address or otherwise mislead us or others regarding the origin of such content.

SimpleSite does not regularly review the content posted on the SimpleSite.com web site; however, we reserve the right to remove or edit such content at anytime without notice.

Your are solely responsible for any data, text, software, music sound, photographs, graphics, video, messages, files or other materials ("content") which is transmitted, posted, or distributed by you through our Services, including but not limited to the contents of your email communications, information, photos or images posted to your website. All content posted by you, is your sole responsibility.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights.

Some of the hyperlinks on the SimpleSite.com web site may lead to other web sites that are not controlled by, or affiliated with, SimpleSite. In addition, other web sites may link to the SimpleSite.com web site. SimpleSite has not reviewed these web sites and is not responsible for the content or privacy policies of these web sites.

Unacceptable actions and content as determined by SimpleSite in our discretion will constitute grounds of blocking your access to our Services, removal of posted material and non-fulfilment of your order. For instance, you may NOT

1. Upload, post, email or otherwise transmit any content that is unlawful, defamatory, obscene, vulgar, invasive of another's privacy or otherwise objectionable in our estimation;
2. Upload, post, email or otherwise transmit any content that you do not have a legal right to transmit (such as a proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) any content that infringes any patent trademark, trade secret, copyright or other proprietary rights of any party;
3. Harm minors in any way;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site;
5. Interfere with or disrupt (or attempt to interfere with or disrupt) SimpleSite's web sites or servers or networks connected hereto, or disobey any requirements, procedures, policies or regulations of networks connected to the SimpleSite web sites;
6. Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including but not limited to child abuse, child pornography or depictions of minors engaged in sexual conduct.
7. Impersonate any other person while using the SimpleSite.com web site, conduct yourself in a vulgar or offensive manner while using our service, or use the SimpleSite.com web site for any unlawful purpose.
8. Transmit any material sent from an anonymous or false address.
9. Establish hyperlinks from external websites directly to images or other graphics on your personal website so that these images or other graphics are displayed on a non-SimpleSite website.

By not meeting the requirements above or other terms stated in these Conditions, SimpleSite reserves the right to terminate your subscription to our Services and/or block you web sites with or without notice and without a refund.

SimpleSite may disclose information we have collected from any user of the SimpleSite Services and/or content made available on a personal SimpleSite.com website when we believe in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights and property of SimpleSite or others.

SimpleSite is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any unsolicited communication you may send to us without any acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the SimpleSite.com web site or other web sites.

In order to establish your account or to place any orders for the Services provided by SimpleSite, you will be asked to provide certain personally identifiable information to us, such as your name, mailing and email address, phone number, and a credit card number and expiration date. SimpleSite will use that information for billing and communication with you regarding the Services, including a periodic newsletter containing statistics of your web-site, and offers related to SimpleSite.

SimpleSite may also ask you for similar information if you choose to fill out a customer survey or participate in a program. We may use this information to make improvements on our site, offer new products, and customize your experience on the SimpleSite website.

IN NO EVENT, WILL SimpleSite SHARE YOUR PERSONALLY IDENTIFIABLE INFORMATION WITH ANY OTHER THIRD PARTIES FOR MARKETING PURPOSES WITHOUT YOUR EXPLICIT CONSENT.

When using a SimpleSite service that allows you to send/email a message through our system, your email address and URL will appear in the sender field of the email.

You may be contacted by SimpleSite in order to obtain your permission to use your website link and/or website content as an example or in the periodic newsletter. We will only use your content or website for such purposes with your explicit consent to this.

All personal information related to our users that we store and process is protected by technical and organizational manner to avoid any such information distorted, deleted or made available to third parties. Exchange of personal data between SimpleSite, you and credit card companies in connection with the performance of our Services is done by way of encrypted communication.

Upon your request by email or otherwise SimpleSite will inform you which information related to you we are processing. Further, SimpleSite will delete any incorrect or irrelevant information by request from you by email or otherwise.

Any consent you may have given to a specific type of processing of your personal information may be withdrawn at any time by email or otherwise.

SimpleSite will only store information related to you for as long as such information is relevant and necessary for the rendering of our Services to you or any other processing to which you have consented.

Information related to you and your personal web site will be deleted within a reasonable time after after termination of the Services by either you or SimpleSite.

SimpleSite reserves the right to change these Conditions with a prior notice by email of at least fifteen (15) days.

Upon expiry of such notice, the new version of the Conditions shall supersede all previous versions.

SimpleSite may terminate these Conditions, including your access to the Services, whether as a free trial user or a subscriber, with a notice of one (1) month at any time.

All legal issues arising from or related to the use of our Services shall be determined in accordance with the laws of Denmark without regard to Danish conflict of law rules and brought before the ordinary courts of Denmark.

These Conditions constitute the entire agreement between you and SimpleSite with respect to our Services.

SimpleSite's failure to enforce any right or provision in these Conditions shall not constitute a waiver of such right or provision or of any other rights or provisions herein.