1. ACCEPTANCE OF TERMS
Welcome to OverlySimple (the "Provider") FTP-based personal service known as overlysimple.com (the "Service"). The public area of the Service is NOT open to viewing by the general public. Only persons authorized for access to the private FTP ("Guests"), shall have access to the private files created in connection with the use of the Service. As a Guest, your use of the Service is subject to, and conditioned upon your acceptance of, these Terms of Service ("TOS"). OverlySimple reserves the right to update and change the TOS from time to time without further notice to you or acceptance by you. It is your responsibility to periodically check these TOS to see if there have been any changes. You will also be subject to any posted guidelines or policies which may be posted from time to time and which are hereby incorporated by reference in the TOS.

2. DESCRIPTION OF SERVICE
The Provider is a service that provides each Guest with a FTP Connection. The Service also includes resources that enable Guests to upload, download, alter, etc. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the TOS. In order to use the Service, you must obtain, at your sole cost, access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You understand and agree that the Service may include certain communications from the Provider, such as service announcements and administrative messages and that these communications are considered part of your Publisher account and you will not be able to opt out of receiving any such communications from the Provider. You agree not to access the Service by any means other than through the interfaces that are provided for use in accessing the Service.

3. REGISTRATION
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities, whether authorized or unauthorized, that occur under your password or account. You agree to (a) immediately notify the Provider of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Provider cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration for the provision of the use of the Service, you agree to provide true, accurate, current and complete information about yourself at request of the Provider. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. CANCELLATION AND TERMINATION
The Provider may immediately terminate the Service for your failure to comply with the TOS. Such termination of the Service may result in the deactivation or deletion of your account, and the forfeiture and relinquishment of all content you have managed. You agree that the Provider may, under certain circumstances and without prior notice, immediately terminate your access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), or (e) unexpected technical issues or problems. Termination of your Provider account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account, and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in the Provider's sole discretion and that the Provider shall not be liable to you or any third-party for any termination of your account or access to the Service.

5. OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY
You will receive via verbal or written consent, a password, an account and instructions upon completion of the registration process. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify the Provider of any unauthorized uses of the account or any other breaches of security. The Provider cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will the Provider be liable, in any way, for any acts or omissions by a Provider or any user accessing a Provider's account, including any damages of any kind incurred as a result of such acts or omissions.

6. CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not the Provider, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. the Provider does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable to you. Under no circumstances will the Provider be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that the Provider does not pre-screen Content, but that the Provider and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, the Provider and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Provider or submitted to the Provider.

You acknowledge and agree that the Provider may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of the Provider, its users and the public.

You understand that the technical processing and transmission of data by the Service, including your Content, may involve

(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.

You further acknowledge and agree that you will not: upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way. Child Pornography of any kind is prohibited throughout the overlysimple.com site and will be reported to the appropriate authorities if found by the Provider or if brought to the Provider's attention; impersonate any person or entity, including, but not limited to, a Provider official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post or otherwise transmit any Content that you do not own or have a right to post, copy, modify or transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any person or entity; upload, post, or transmit unsolicited commercial e-mail or "spam". This includes unethical or misleading marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass e-mail to recipients who haven't requested e-mail from you or with a fake return address, (b) promoting a site with inappropriate links, titles or descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical; upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law; "stalk" or otherwise harass another; promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) the Provider determines, in its sole discretion, is inappropriate for sale through the Service provided by the Provider; exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content as a Guest.

7. ADDITIONAL SOFTWARE
With respect to any additional software that may be made available by the Provider in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.

8. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or personal data.

9. COPYRIGHT
The Provider does not claim ownership of the Content you place on the FTP Server. Publishers retain the rights to any copyrighted material posted. Publisher hereby warrants that he or she owns all rights to any and all materials that is not copyrighted, or that Publisher has all necessary rights and permissions to use the material in such manner. By submitting Content to the Provider for inclusion, you grant the Provider a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Blog on the Provider's Internet properties.
You further acknowledge that the Provider does not pre-screen Content, but that the Provider and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, the Provider and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the downloading or use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

10. DIGITAL MILLENIUM COPYRIGHT ACT COMPLIANCE
The Provider respects the intellectual property rights of others and is committed to complying with U.S. Copyright laws. The Provider's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet.

If you believe your work has been copied and is accessible on this Service in a way that may constitute copyright infringement, please provide notice to our Designated Agent as set forth below. The notice must include the following information as provided by the Digital Millennium Copyright Act, 17 U.S.C. 512 (c) (3):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification,
A representative list of such works at that site;
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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
COUNTER NOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT
If a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification with our Designated Agent. The counter notification must provide the following information:
Physical or electronic signature of the Publisher;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the Publisher has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
The Designated Agent for notice of copyright infringement claims may be reached as follows:

By e-mail: sendmefreeshit@yahoo.com

We will terminate all users who are repeat infringers of any applicable intellectual property laws.

11. ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You acknowledge and agree that the Provider shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

12. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Provider has no control over such sites and resources, you acknowledge and agree that the Provider is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

13. INDEMNITY
You agree to indemnify and hold the Provider, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

14. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by the Provider.

15. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that the Provider may establish general practices and limits concerning use of the Service.

16. MODIFICATIONS TO SERVICE
The Provider reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Provider shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

17. THE PROVIDER'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Provider or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

18. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PROVIDER 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.

THE PROVIDER WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE OPERATION OF THE SERVICE. HOWEVER, THE PROVIDER 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, FAILURE TO STORE, 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 OF YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. THE PROVIDER 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.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND SOLE 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROVIDER 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 THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF 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.

20. 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. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU. NEVERTHELESS, YOU ACKNOWLEDGE AND AGREE THAT ANY SUCH ALLOWABLE EXCLUSIONS AND LIMITATION SHALL BE AVAILABLE TO THE FULLEST EXTENT POSSIBLE UNDER THE LAWS OF ANY SUCH JURISDICTION.

21. GENERAL
Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The TOS and the relationship between you and the Provider shall be governed by the laws of the State of Florida without regard to any of its conflicts of law provisions. This agreement shall be deemed entered into in the state of North Carolina. You agree that any action relating to or arising out of these TOS shall be brought in the federal or states courts located in West Palm Beach, Florida. You further agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of these TOS. The failure of the Provider to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. These TOS constitute the entire agreement between you and the Provider and govern your use of the Service, superceding any prior agreements between you and the Provider (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Provider services, third-party content or third-party software. You further acknowledge and agree that each of the provisions of the TOS are severable. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court and the parties should give effect to the parties' intentions as reflected in those provisions of these TOS, and that the other provisions of the TOS shall remain in full force and effect. You further acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or any such claim or cause of action shall be forever barred.

22. CERTIFICATION OF AGE
By using and/or requesting access to the Services you hereby certify that you are at least 18 years old.