CURRENT STANDARD TERMS AND CONDITIONS.

SimpleFeed, Inc. ("SimpleFeed") provides this website and the SimpleFeed service ("Service") to you subject to your compliance with the notices, terms and conditions set forth or incorporated into these Terms of Service ("TOS"). Please read these terms carefully. By accessing or using this website or the Service, you agree to be bound by the TOS. SimpleFeed may modify these TOS from time to time. By continuing to access or use this website or the Service, you agree to be bound by the revised TOS.

General Use

The Service provides RSS Feeds on behalf of SimpleFeed or its customers. You acknowledge that SimpleFeed may establish general practices and limits concerning use of the Service, including, without limitation, the maximum number of times you may access the service in a given time period and the number of unique URL subscriptions you may create. You agree that SimpleFeed has no responsibility or liability for the deletion or failure to store any content preferences you may enter into the Service. You acknowledge that SimpleFeed reserves the right to terminate subscribers that are inactive for an extended period of time or violate these TOS.

RSS Feed Copyright

The RSS Feeds published by the Service are the copyrighted property of SimpleFeed or its customers. You may not republish or redistribute any Feed content without the written consent of SimpleFeed or its customers. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Fees

Subscribing to an RSS feed via SimpleFeed is free, but SimpleFeed reserves the right to charge for RSS Feeds in the future.

Copyright and Trademark Notices

This site is owned and operated by SimpleFeed, Inc. Unless otherwise specified, all copyrightable materials appearing on this site, including certain text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the property of SimpleFeed, Inc. Copyright © 2005. All software used on this site is the sole property of SimpleFeed, Inc. or those supplying the software. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reverse engineered or distributed in any form or by any means. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. SimpleFeed owns all trademark, service mark and trade name rights to SimpleFeed and the SimpleFeed logo. The use of any SimpleFeed trademark, service mark, or trade name without SimpleFeed's consent is strictly prohibited. Any other trademark, service mark, brand name, product or service name, company name or logo appearing on this site is the property of its respective owner.

Links to Third Party Sites

This site may contain links to other sites operated by third parties. SimpleFeed has no control over the content or accuracy of information provided on other websites. Further, SimpleFeed has no control over the Privacy Policy of those websites. Users are encouraged to abide by their internal Corporate Internet Usage Policies when linking to third party sites and to read the Privacy Policy of each of those sites. Third parties may also create hyperlinks from their websites to SimpleFeed. SimpleFeed neither endorses, nor is responsible for, the content of such third party sites or their use of links to SimpleFeed.

Privacy Policy

Internet user privacy is of paramount importance to SimpleFeed and our customers. The major goal of our service is to provide information to subscribers in a manner that puts them in control. We support the protection of subscribers' privacy rights as a fundamental element of our business.

This privacy policy discloses the privacy practices for SimpleFeed, Inc., related to our website and services provided to our customers. SimpleFeed publishes RSS Feeds which entails hosting personalization pages and XML content pages, tracking the results of RSS marketing programs, analysis of data, and transferring collected data back to the customer. These services are provided using a combination of web-based applications, hosted technology infrastructure and professional services.

Information Collection and Use

SimpleFeed may collect the following information for itself and customers if available:

• Information that allows an individual to be contacted or located in the physical world -- such as telephone number or address.
• Information that allows an individual to be contacted or located on the Internet -- such as email.
• Unique identifiers issued by a website or service for the purpose of identifying an individual over time, such as username.
• Information about the computer system that the individual is using to access the network -- such as the IP number, domain name, browser type or operating system.
• Information generated by browsing the website, such as which pages on the website are visited.
• Information generated from or reflecting explicit interactions with the wesite, such as logs of account activity, personalization interests or profile updates.
• Data about their individual likes and dislikes based on content usage.

SimpleFeed may review and change information collected on an as needed basis.

Why is this information collected?

The information is collected to facilitate the ability to provide relevant information to subscribers and determine the effectiveness of marketing campaigns and for SimpleFeed’s Service development and marketing purposes. Under most circumstances, the user has knowingly provided the personally identifiable information to the client website. For more information on the information collection practices of a client, users may refer to the privacy policy for the customer website where the information was submitted.

How do we collect this information?

SimpleFeed collects the information described above in part through the use of various technologies, including one called “cookies.” A cookie is a piece of data stored on the user's hard drive containing information about the user. Cookies can make the Web more useful by storing information about your preferences on a particular site. The use of cookies is an industry standard, and many major websites use them to provide useful features for their customers. Most browsers are initially set up to accept cookies. If you'd prefer, you can set your settings to refuse cookies, however, you may not be able to use all portions of the website or all functionality of the Service. SimpleFeed also uses web sensor technology in its RSS Feeds. SimpleFeed includes a web sensors in its HTML-based RSS Feeds to determine the user’s ability to receive HTML-based RSS Feeds messages and to determine whether the subscriber has opened the RSS Feed. When a user accesses a Feed content item, a notice of that use is generated. SimpleFeed also generates unique URLs for all of its RSS Feeds. Unique URLs, web sensors and cookies may or may not be tied to personally identifiable information.

SimpleFeed may gather information to determine the success of its RSS marketing programs by recording which links a user clicks on and which web pages the user visits. SimpleFeed may use information collected to analyze click-through rates to various pages, or use the information collected to deliver personalized RSS Feeds.

Who has access to this information?

For information collected via SimpleFeed RSS Feeds, SimpleFeed and our customers have access to the data collected. The customer generally owns the information and SimpleFeed typically has limited rights to the information.

How long is the information retained?

SimpleFeed retains data collected for as long as each customer. Web log data may be retained for an indefinite period of time.

Do users have access to their information?

SimpleFeed does not currently provide a mechanism that allows individuals to opt out of the use of information for a particular purpose. However, RSS is a 100% Opt-in communication medium and subscribers can opt-out of the RSS Feed whenever they want.

Changes to this policy will be posted to this website.

Procedure for Making Claims of Copyright Infringement

SimpleFeed will make its best efforts to remove information that a copyright owner believes is infringing provided adequate notice and information is provided to SimpleFeed by the Copyright Owner. Written Notification must be submitted to the following designated agent: Copyrights Agent SimpleFeed, Inc. 289 S. San Antonio Rd, Suite 204, Los Altos, CA 94022 Telephone: (650) 947-7555 email: privacy@simplefeed.com. Notification on behalf of the Copyright Owner must include:1. Identification of the copyrighted work claimed to have been infringed and the manner of use which is claimed to constitute an infringement. 2. Identification of the owner of the copyrighted work. 3. A signature of the Copyright Owner or a person authorized to act on their behalf (electronic or physical signature, in permanent ink). 4. Information sufficient to permit SimpleFeed to locate the copyrighted work at issue. Sufficient information includes the name of SimpleFeed account where the work is located (e.g., user or customer name), the name or number of the file where the work is located, and any indexing information that might be associated with the work (e.g. author, title, page, date, etc.). 5. A statement that the Copyright Owner has a good faith belief that the use of the material in the manner complained of is not authorized by the Copyright Owner, its agent, or the law. Along with a statement under penalty of perjury that the information in the notification is accurate. 6. Information sufficient to permit SimpleFeed to contact the person submitting the complaint on behalf of the Copyright Owner (including, name, address, phone number, email address). Upon receipt of a properly submitted written notification, SimpleFeed will:1. Attempt to locate the information as identified. 2. Remove, or disable access to, the material. 3. Forward a written notification to the SimpleFeed customer that a complaint has been received from the Copyright Owner and that the information complained of was removed from the system. The SimpleFeed customer may, at its election, provide a counter-notification to SimpleFeed within twenty-one (21) days of receipt of the Notification. The counter-notification must include:1. An identification of the material that was removed (or to which access has been disabled). 2. A signed statement under penalty of perjury that the customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material. 3. The name, address, and telephone number of the customer along with a statement that the customer consents to the jurisdiction of the U.S. Federal District Court for the judicial district in which the address is located. Alternatively, where the customer is located outside the United States, a statement that the customer will consent to jurisdiction in any judicial district where SimpleFeed is found and that the person who provided the counter-notification (or an agent of that person) will accept service of process for any judicial proceeding relating to any continued use of the material. Upon receipt of the counter-notification containing the information outlined above, SimpleFeed will: 1. Promptly provide the Copyright Owner (or agent) with a copy of the counter-notification. 2. Inform the Copyright Owner (or agent) that it will replace the removed material (or cease disabling access) within fourteen (14) days. 3. Replace the removed material (or cease disabling access) within twenty-one (21) days following receipt of the counter-notification provided that SimpleFeed does not receive notice from the Copyright Owner that an action has been filed seeking a court order restraining the Customer's use of the information.

DISCLAIMER OF WARRANTIES

THIS WEBSITE AND THE SERVICE ARE PROVIDED "AS IS". SIMPLEFEED MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE SERVICE OR THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, MATERIALS OR CONTENT DOWNLOAD OR OTHERWISE OBTAINED THROUGH THIS WEBSITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMPLEFEED DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SIMPLEFEED MAKES NO WARRANTY THAT THIS WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. YOU AGREE THAT YOUR USE OF THIS WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY INFORMATION, MATERIALS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE OR THE SERVICE.

LIMITATION OF LIABILITY

NEITHER SIMPLEFEED NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE OR THE SERVICE, INCLUDING ANY SIMPLEFEED CUSTOMER, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, INFORMATION OR DATA OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE SERVICE, WHETHER OR NOT SIMPLEFEED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT SIMPLEFEED'S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THIS WEBSITE OR THE SERVICE IS LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

GENERAL

These TOS are the entire and exclusive agreement between SimpleFeed and you regarding this website and the Service, and these TOS supersede and replace any prior agreements between SimpleFeed and you regarding this website and the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SimpleFeed services, affiliate services, third-party content or third-party software. These TOS will be governed by and construed in accordance with the laws of the State of California, without regard to or application of choice of law rules or principles. You and SimpleFeed agree that the exclusive jurisdiction and venue of any action or proceeding with respect to the subject matter of these TOS will be the state and federal courts located in the County of San Francisco, California, and you and SimpleFeed waive any objection to jurisdiction and venue in such courts. The failure of SimpleFeed to exercise or enforce any right or provision of these TOS will not be deemed a waiver of such right or provision. If any provision of these TOS is held to be invalid or unenforceable, the remaining provisions of these TOS will remain in full force and effect.