Important Notice
Use of Simply Smart Designs Service constitutes acceptance and agreement to all of Simply Smart Designs's Subscriber Agreement and customer policies. Any use of a Simply Smart Designs service is subject to the provisions of this contract and all terms of Simply Smart Designs’s policies.

This Agreement, and all disputes in regards to, shall be construed in all respects in accordance with the laws of the State of Louisiana. Use of Simply Smart Designs services constitutes an acceptance of the State of Louisiana as proper venue for all disputes.

Payment: Establishment of this service is dependent upon receipt of the stated charges by the Company. Each additional payment is due on the first day of the month for that month's service. All Payments received by Simply Smart Designs from its customers and subscribers are non-refundable.

Payments and Fees: Accounts not paid by due date are subject to a $10.00 late fee per month of delinquency. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to an additional $25 recon0nection charge. Service will only be reconnected upon receipt of all amounts due.

If the customer cancels service for any reason, all charges up to that time are considered earned for all tasks and services Simply Smart Designs is to perform.

Service Rates: Subscriber hereby acknowledges receipt of the nature of the service furnished and the initial rates and charges by the Company. Subscriber is aware that the Company may change the specified rates and charges from time to time in the sole discretion of the Company and without previous notice to its subscribers and customers.

Refund and Disputes: All billing disputes must be reported within 30 days of the time the dispute occurred.

Failure to Pay: The Company may, in its sole discretion, temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees or other fees as imposed by this Agreement.

Account Cancellation: Requests for canceling accounts may be made with at least 30 days notice.

Be sure to include all account information to cancel. Your account will be charged until approximately 3-5 business days after your request is received.

Bandwidth and Disk Allocation: Simply Smart Designs will monitor Customer's bandwidth and disk usage, and shall have the right to interrupt or terminate service if a Subscriber or Customer's bandwidth or disk usage exceeds the agreed allocation. Such corrective action may include the assessment of additional charges, disconnection or reconnection fees for any and all Services, or termination of this Agreement. If Simply Smart Designs takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

SPAM and Unsolicited Email: Simply Smart Designs takes a zero tolerance approach to the sending of unsolicited ads or emails (SPAM) over our network. This means that subscribers and customers of Simply Smart Designs:

an alleged violation of our SPAM policy is reported, Simply Smart Designs:

System Security: Subscribers and customers are prohibited from violating or attempting to violate the integrity and security of the Simply Smart Designs servers, system, or network. Simply Smart Designs will investigate reported occurrences and may contact and cooperate with law enforcement authorities to prosecute Subscribers and customers who are believed to be involved in such violations.

By using Simply Smart Designs services and systems, Subscribers and customers agree not to:

Violation of Policies: If inappropriate activity is detected, all accounts of the Subscriber or customer in question will be deactivated until an investigation is complete. Simply Smart Designs is under no duty to look at each Subscriber or customers’ activities to determine if a violation of the Simply Smart Designs Subscribers Agreement has occurred. Simply Smart Designs does not assume any responsibility through our policies or agreements to monitor or police activities on our servers, system, or network.
Violations may be handled by any of the following corrective actions, as well as to any other actions listed in this Agreement:

Simply Smart Designs reserves the right, to drop any section of IP space involved in any violation of this Agreement if it appears that the offending activity is causing harm to parties on the Internet. In addition to the above actions, any violation of this Agreement will result in a fee of $200 charged to the account of the Subscriber. Any further violation will result in a fee of $500 and immediate termination of the account. Subscribers and customers who violate this policy agree that in addition to these penalties, they will pay $150 per hour that Simply Smart Designs personnel must spend to investigate and correct the matter. Simply Smart Designs reserves the right to pursue civil remedies for any costs and/or damages associated with the investigation and correction of any policy violation.

Suspension of Service or Cancellation: Simply Smart Designs reserves the right to suspend network access to any customer if, in the sole judgment of Simply Smart Designs, the customer's server is the source or target of the violation of any of the other terms of the Simply Smart Designs Subscriber Agreement, or for any other reason which Simply Smart Designs chooses. Prior notification to the Customer is not assured.

Uncontrolled Interruptions of Service: Subscriber acknowledges that the services provided by Simply Smart Designs can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Indemnification: By agreeing to the Simply Smart Designs Subscriber Agreement, and/or using Simply Smart Designs services, Subscribers and customers agree to indemnify Simply Smart Designs for any violation that results in a loss to Simply Smart Designs or the bringing of any claim against Simply Smart Designs by any third-party, including any damages of Simply Smart Designs, any awards against Simply Smart Designs, plus all costs and attorney's fees.

Sub-Networks and Resellers of Simply Smart Designs Services: The Subscriber Agreement must be followed by all Sub-Networks and managed servers of Simply Smart Designs services. Failure to follow any term or condition will be grounds for immediate cancellation of all Simply Smart Designs services. You are responsible for insuring the actions of your clients do not violate these Terms of Service.

Simply Smart Designs recommends that you implement similar or stricter Terms of Service to control your clients and prevent violations of Simply Smart Designs terms.

Responsibility for Content: Simply Smart Designs is not responsible for the material input by others and not posted to the Simply Smart Designs Network by Simply Smart Designs. Simply Smart Designs is not responsible for the content of websites linked to the Simply Smart Designs Network; links are provided as Internet navigation tools only. It is absolutely forbidden to host pornographic content or IRC servers. You, as Simply Smart Designs's Subscriber and customer, are solely responsible for the content stored on and served by your Simply Smart Designs server.

Disclosure to Law Enforcement: The Simply Smart Designs Customer Policy specifically prohibits the use of our service for illegal activities. Therefore, Subscribers agree that the Company may disclose all relevant information to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Simply Smart Designs shall have the right to terminate all service set forth in this Agreement.

Unacceptable Use: