Last changed: 1 Oct 2012

These Terms of Service ("Terms") govern your access to and use of simplytest.me and our products and services ("Services"), and any information, text, graphics, URLs, files, audio, video, photos or other materials uploaded, downloaded or appearing on the Services ("Content"). Any reference to “you” or “your” means you as user of the Services, any reference to “we”, “us”, “our” or “simplytest.me” is to Adam Bergstein, the person that owns simplytest.me.

Unless otherwise specified, these Services are for your personal and non-commercial use.

Access to the public simplytest.me website is free of charge, with the exception of any specific pricing conditions.

By using and/or accessing our Services, you agree that you have read, understood and consent to be bound by these Terms.

Use of the Services

You must follow all policies made available to you within the Services. You also agree:

to use the Services only for lawful purposes, in a manner which is not expressly prohibited by these Terms, and in a manner which does not infringe the rights or interests of simplytest.me or third parties;
to abstain from any activity that could damage, overload, harm or impede the normal functioning of the Services. Similarly, and in accordance with applicable legislation, you will refrain from illicitly or fraudulently obtaining or using content; and
not to use the Services in any way that could directly or indirectly hinder the drupal community.

Account Creation and Deletion

simplytest.me offers certain Services that may require the creation of a personal account (e.g. simplytest.me closed beta tests). Depending on the information provided in the registration and profile building process, this account may uniquely identify you.

Content (for example, comments, posts, etc.) generally will not be deleted, unless there is copyright infringement, they are offensive/illegal, serve any other unethical/malicious purpose, or otherwise violate these Terms.

Users who wish to cease their activity on simplytest.me may perform the cease request through our public contact form.

Passwords and Personal Keys/Credentials

You are responsible for safeguarding any password/keys/credentials used to access the Services and for any activities or actions under these credentials. We recommend the use of "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols). simplytest.me cannot and will not be liable for any loss or damage arising from your failure to comply with this guidance.

Privacy

simplytest.me's Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services.

Copyright

simplytest.me will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

• (i) a physical or electronic signature of the copyright owner or a person authorised to act on t heir behalf;
• (ii) identification of the copyrighted work claimed to have been infringed;
• (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• (iv) your contact information, including your address, telephone number, and an email address;
• (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
• (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.

Please send any notice of alleged copyright infringement to us via contact form.

In appropriate circumstances, simplytest.me may also terminate/block a user's account if the user is determined to be a repeat infringer.

Your Content in our Services

When you submit content, you give simplytest.me (and those we work with) a worldwide, royalty free, irrevocable and transferable licence to use, edit, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content.

simplytest.me Rights

Any feedback, comments, or suggestions you may provide regarding simplytest.me or the Services is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Changes in Services

The Services provided by simplytest.me are constantly evolving, and the form and nature of the Services that simplytest.me provides may change from time to time without prior notice to you. Any changes to the Services, including the release of new simplytest.me features, are subject to these Terms. In addition, simplytest.me may stop (permanently or temporarily) providing the Services (or any features within the Services) without providing prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Disclaimers

Your access to and use of the Services is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, SIMPLYTEST.ME AND ITS AFFILIATES, PARTNERS AND SUBSIDIARIES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

You also agree that simplytest.me has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services.

The Services may contain links to third-party websites or resources. They may also contain comments and/or posts with non-anchored linked URLs. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by simplytest.me of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Please note that user comments on URLs and files may contain URLs/links leading to malware.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMPLYTEST.ME AND ITS PARENT, AFFILIATES, PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Viruses, Hacking and Other Offences

You must not misuse our Services. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your access to or use of the Services or any third party content or websites.

Proxy - indirect access of 3rd party sites

The simplytest.me service is no intended to do so, but it may be used as proxy to access sites of a 3rd party in an indirect way. Note that we are not responsible for the content of any external websites that may be accessible through our service. A website viewed through our service is in no way owned by or associated with this website.

A side-effect of this indirect browsing may be anonymity. By connecting to our server instead of the 3rd parties server directly, the target server does not see your IP address. However, we do not guarantee our service will be truly anonymous. All active outgoing traffic will be logged and data can be handed to authorities to defend simplytest.me - we are not responsible for any actions done against 3rd party servers by you.

About These Terms

These Terms and the simplytest.me Privacy Policy are the entire and exclusive agreement between simplytest.me and you regarding the Services (excluding any services for which you may have a separate agreement with simplytest.me that is explicitly in addition or in place of these Terms - e.g. premium private services), and these Terms supersede and replace any prior agreements between you and simplytest.me regarding the Services.

Please note that we may update and amend these Terms from time to time and any changes will be posted on the website. By continuing to access the Services after any changes become effective, you agree to be bound by the revised Terms.

The failure of simplytest.me to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Germany. The German courts will have exclusive jurisdiction over any claim arising from, or related to the Services although we retain the right to bring proceedings against you for breach of the Terms in your country of residence or any other relevant country.

For information about how to contact simplytest.me, please visit our contact page.