Terms of Service

DevFX™ provides web hosting services and software to clients worldwide
 We have a responsibility to protect each client and to provide the best services available.
 Our Privacy Policy is available for viewing HERE
 Our Legal Policies are available for viewing HERE
 DevFX (EULA) developed software "End User License Agreement" is available to view for SimpleFraud™ and other software developed by DevFX. Use of any software, module or add-on developed by DevFX means your express concent and agreement to our terms and use specified within our EULA and can be viewed with the following link DEVFX EULA
 You can access any of our policies at anytime from the links in the footer of our website!
sign here image for DevFX terms of services

All clients of DevFX are subject to the following terms of service:

Indemnification Policy

You agree to use all DevFX services and facilities at your own risk. DevFX specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall DevFX be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold DevFX harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against DevFX, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless DevFX against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with DevFX's services.

 DevFX Reserves:

filler image DevFX servers
DevFX reserves the right to intervene

with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from DevFX's server. DevFX shall be the sole judge of what violates this Policy.

A Web Hosting Company That Stands by You

 Billing:

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan.

If the delivered service is not as described on our order pages, we would be happy to provide you with a full refund within your first 7 days of purchase of your first service. Due to the digital nature of our services, we provide a full 7 days no questions asked money back guarantee for your first order. You may use the services for a full 7 days prior to your payment date and you may receive a full refund if you are not 100% satisfied with the service provided. After these 7 days are over, you will not be eligible for a refund. If your server IP address is banned for spamming, you will not receive a refund under any circumstances. No refunds would be offered during any of the special promotional offers where the prices are discounted. (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fees, SSL Certificate fees and Dedicated Servers Are Non-Refunable).

We accept Visa, Master Card, American Express, Discover Card

Clients are encouraged to pay by Credit Card as it is the easiest and most secure way to handle payment at this time. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Dedicated Servers

All Dedicated Servers are none-refunable under any circumstances once delivered

Late Payments:

All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 3 days after deactivation, your account will be suspended. If you will not pay for service renew in 7 days after deactivation, your account will be terminated. You will receive an email reminder 3 days till deactivation.

 Banned Scripts:

The following scripts are banned

from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

  • IRC egg drops
  • Proxy servers
  • Mail bombers
  • Anonymous mailers
  • IP spoofers
  • Port scanners
  • Hivemail
  • Telnet or SSH Access Scripts
  • nph-proxy (and other scripts what operates like proxy)
  • UBB (Ultimate Bulletin Board, all versions)
  • Istmrge.cgi
  • phpShell
  • FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.
  • Xenu's Link Sleuth
  • Email Spam Scripts/Software
filler image DevFX servers

 Acceptable Use Policy:

All services provided by DevFX may be used for lawful purposes only.

Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless DevFX and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all DevFX servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

Subscriber acknowledges

that the service provided is of such a nature that service 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.

Illegality In any form

including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

 SimpleFraud® Terms and Policies:

Welcome to our website at simplefraud.com and or developfx.com (the "Sites"). These Terms of Services (these "Terms") constitute a binding legal agreement (the "Agreement") between you (either an individual or an entity) and SimpleFraud by DevFX, Inc. ("DevFX, Inc. and/or SimpleFraud," "we," or "us") regarding your use of the Sites, including your use of a version of our fraud and abuse prevention service provided through our customer portal on the Sites (the "Services").

Please read this Agreement carefully. By registering for an account on the Services, or otherwise using the Sites or the Services, you agree to be bound by this Agreement and to use the Sites and the Services in compliance with this Agreement. If you are using the Sites or the Services on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind such company or entity to this Agreement.

Please review the SIMPLEFRAUD EULA by following this link https://developfx.com/clients/devfx-eula.php

  1. Account Registration
  2. You must register for and maintain an account with us to use the Services. When registering, you must provide accurate and complete information about yourself (i.e., if you are registering on behalf of an entity, that entity) and promptly update this information. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the Services.

    Only you are authorized to use your account to use the Services and conduct other activities with us. You are responsible for all activities that occur through your account. To protect your account and corresponding sub-accounts from unauthorized use, keep all user identification and passwords secure and do not provide this information to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security regarding the Services.

  3. Additional Policies
  4. When using certain features of the Sites or the Services, you also will be subject to all guidelines, terms, and agreements applicable to such features that may be made available on or in connection with the Sites or the Services ("Policies"). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the terms in the Policy will control to the extent of the inconsistency.

  5. Fees
  6. SimpleFraud charges fees as explained on our site at https://simplefraud.com/pricing. Fees are applied against a mainatained credit balance, and invoices are generated for each transaction. If your account credit balnace is depleated and we do not receive payments of any invoice accured within 24 hours, we may suspend your access to the Services. All payments must be in U.S. dollars, and you are responsible for all applicable taxes or other governmental charges. SimpleFraud may modify its fees, and any such modification will apply beginning in the month following publication or other notice of the change.

  7. Term and Termination
  8. If you violate any of these Terms, your permission to use the Services will automatically terminate. You also agrees that SimpleFraud and or DevFX, Inc. may at any time and without notice to you suspend or revoke your right to access and use the Services, or any part thereof, and any account(s) you may have in connection with the Services: (a) for any reason or no reason at all; (b) where SimpleFraud determines in SimpleFraud’s sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of SimpleFraud or any third party; or (c) in connection with any general discontinuation of the Services. SimpleFraud also reserves the right to modify the Services at any time without notice to you. SimpleFraud will have no liability whatsoever for and may at any time change, modify, update, remove, or add features to the Services or suspend or revoke your access to or use of all or part of the Services. You may terminate these Terms and your account at any time by contacting customer service at support at SimpleFraud.com", however, any termination of these Terms will not relieve you of any current or future obligation to pay any fees or other costs owed by you to SimpleFraud or DevFX, Inc. under these Terms. The provisions of Fees and Payment, Confidentiality, and Privacy will survive termination, except that all license rights granted by SimpleFraud to you under these Terms do not survive termination.

  9. Access to the Services; Modifications to the Services
  10. We do not provide you with the equipment to access the Sites or the Services. You are responsible for all fees charged by third parties to access the Sites and the Services (e.g., charges by Internet service providers). You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Sites or Services.

    We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Sites and the Services (including, without limitation, access to any Content, in whole or in part, and including but not limited to any prior investigations on the Services and any Content displayed to you in connection with such investigations) without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services (including, without limitation, access to any Content, in whole or in part), except that to the extent you pay subscription fees to access or use the Services, you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees that you have paid in advance if we permanently discontinue the Services in its entirety.

  11. License; Restrictions
  12. Subject to your compliance with these Terms, we grant you a non-exclusive, revocable, nonsublicenseable, and non-transferable license to access and use the Sites, the Services, and the Content for your personal, non-commercial (other than as explicitly permitted below in this Section 7) use.

    You must comply with all applicable laws when using the Sites, the Services, and any Content. Further, except as may be permitted expressly by applicable law or authorized by us in writing, you will not, and will not permit anyone else to:(a) record, pre-fetch, store, copy, cache, modify, distribute, publicly display, resell, distribute, publish, or otherwise provide access to any of the information (including, without limitation, contact information), data, audio, visual, and audiovisual works; or other content made available through the Sites or the Services ("Content") or compile or collect any Content as part of a database or other work, or use it to update any existing database or other work; (b) rent, lease, offer, sell, or sublicense the Sites, the Services, or any Content, in whole or in part, or any access thereto, to another person or use the Sites or the Services to provide any service, information, or Content to a third party; (c) use the Sites, the Services, or the Content for any purpose except for your own internal business use, or otherwise commercially exploit the Sites, the Services, or the Content (provided, however, that this will not limit you from using the Services or the Content for the internal fraud prevention and abuse prevention purposes of a commercial or nonprofit entity); (d) use the Services or any Content for commercial purposes that compete with the Services; (e) attempt to recreate any of the Content available on or through the Sites or the Services; (f) circumvent or disable any digital rights management, usage rules, or other security features of the Sites, the Services, or any Content; (g) attempt or encourage others to attempt to reverse engineer, disassemble, or decompile the Sites, the Services, or any components thereof, except as may be permitted expressly by applicable law; (h) use the Sites or the Services in a manner that threatens the integrity, performance, or availability of the Sites, the Services, or any third-party software, systems, networks, or services; (i) reverse engineer, decompile, disassemble, or in any way attempt to derive the source code for the Sites, the Services, or any portion thereof; (j) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Services or Content; (k) use the Services or any Content in any manner as a factor in establishing an individual's creditworthiness or to determine any consumer's eligibility for credit, insurance, or employment; (l) use the Services or any Content for any marketing or promotional purposes (including, without limitation, to contact any persons or entities using any Content); or (l) publicly disseminate information or analysis regarding the performance of the Services.

  13. Ownership
  14. The Sites, the Services, and all Content are protected by applicable intellectual property laws, including United States copyright law and international treaties. We and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Sites and the Services, including all Content on and available through the Sites and the Services, and any and all underlying software and technology used to provide and make available the Sites and the Services. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.

    All trademarks, logos and service marks ("Trademarks") displayed on the Sites are our property or the property of other third parties. You are not permitted to use these Trademarks without our prior written consent or the consent of such third party which may own the Trademarks.

  15. User Data and Privacy
  16. Our Privacy Policy, available at simplefraud.com/privacy, is hereby incorporated into these Terms. For each individual upon whom you wish to conduct an investigation, you will supply to us some or all of the following categories of information that you possess regarding that individual (e.g., email address, first name, last name, birth date, age, email address, company, job title, photo, website URLs, social network user IDs, instant messenger handles, and IP address) (collectively, "User Data").

    You acknowledge that our provision of the Services is conditioned upon our receipt of correct and accurate User Data from you. You are solely responsible for your User Data. You hereby represent and warrant that your User Data, and providing us your User Data for us to use and disclose to third parties in accordance with these Terms and our Privacy Policy does not violate any third-party rights, including any privacy rights of any person or entity or any laws, regulations, or obligations imposed by any third party. Without limiting the foregoing, you hereby represent and warrant that you will have obtained all necessary consents, approvals, and waivers to permit you to provide us with User Data pertaining to such individuals and to use and disclose to third parties User Data pertaining to such individuals as contemplated by these Terms and our Privacy Policy. We have no obligation to back up your User Data and your User Data may be deleted at any time. You are solely responsible for creating backup copies of your User Data if you desire.

    You hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license to "Process" (meaning to perform any activity, including to use, reproduce, modify, adapt, publish, distribute, translate, publicly display and perform, prepare derivative works of, incorporate into other works, disclose, and otherwise use, in whole or in part, and to incorporate into other works in any format or medium now known or later developed) your User Data, and to grant sublicenses of the foregoing.

    We will not, however, Process your User Data for purposes of cookie tracking, ad exchanges, data brokerages, ad networks, or sending electronic communications (including email) in violation of applicable law.

    You must not provide us with any User Data that (a) violates, or that causes us or our affiliates, subsidiaries, or partners to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction; (b) contains or embodies any trade secrets or information for which you have any obligation of confidentiality; (c) infringes or violates, or that may infringe or violate, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available; (d) pertains to any person under 13 years of age; or (e) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying the Services, or which may expose us or our suppliers, licensors, or users to harm or liability of any nature.

    You must not use the Services to obtain any Content regarding any person or entity in violation of any prohibition on you obtaining such Content under any applicable law or regulation.

    You also should carefully review our Content Use Terms and Conditions, which contain additional provisions applicable to your User Data and which are hereby incorporated into these Terms.

  17. Feedback
  18. If you provide us with identification of any potential errors in, or improvements to, the Sites, the Services, or any Content (including, without limitation, providing any feedback with respect to any person's investigatory profile on the Services or any SimpleFraud Score relating thereto ("Feedback"), you hereby grant us the unrestricted right to use yourFeedback, including the right to use your Feedback to improve the Sites and the Services and create other products and services. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any Feedback that you consider to be confidential or proprietary.

  19. Links and Third Party Content
  20. The Sites and the Services may contain links to Web pages and content of third parties that are not hosted by us ("Third-Party Content") as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third Party Content and can make no guarantee as to its accuracy or completeness.

    Additionally, if you follow a link or otherwise navigate away from the Sites or the Services, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Sites or the Services. You access and use Third-Party Content at your own risk.

    The Sites and the Services may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

  21. Warranty Disclaimers
  22. YOUR USE OF THE SITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, IS AT YOUR SOLE RISK. THE SITE, THE SERVICE, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.TRUSTED PATTERNS AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE SITE, THE SERVICE, AND THE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE.

    TRUSTED PATTERNS AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SITE OR THE SERVICE OR YOUR ACCESS TO ANY CONTENT. TRUSTED PATTERNS AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT THE SITE, THE SERVICE, OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT ANY RESULTS, DATA, INFORMATION, OR CONTENT OBTAINED OR DERIVED THROUGH THE USE OF THE SITE OR THE SERVICE OR ANY OF THE CONTENT WILL BE TIMELY, ACCURATE, COMPLETE, ERROR-FREE, LEGAL, SAFE, OR FREE FROM VIRUSES OR OTHER HARMFUL CONTENT, OR THAT ANY ERRORS IN THE SITE, THE SERVICE, OR ANY ERRORS IN ANY RESULTS, DATA, INFORMATION, OR CONTENT OBTAINED OR DERIVED THROUGH THE USE OF THE SITE OR THE SERVICE OR ANY OF THE CONTENT WILL BE CORRECTED.

    WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE, THE SERVICE, OR ANY CONTENT WILL CREATE ANY WARRANTY REGARDING THE SITE, THE SERVICE, OR ANY CONTENT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, THE SERVICE, OR ANY CONTENT, THE DURATION AND SCOPE OF SUCH WARRANTY WILL BE THE MINIMUM POSSIBLE UNDER SUCH APPLICABLE LAW.

  23. Limitations of Liability
  24. NEITHER TRUSTED PATTERNS NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TRUSTED PATTERNS OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, THE SERVICE, OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    THE MAXIMUM TOTAL LIABILITY OF TRUSTED PATTERNS AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS OR OTHERWISE RELATING TO THE SITE, THE SERVICE, OR ANY CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES, IF ANY, PAID BY YOU FOR YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICE IN THE SIX MONTHS PRECEDING THE APPLICABLE CLAIM. IF A COURT FINDS THE MAXIMUM TOTAL LIABILITY UNDER THE PREVIOUS SENTENCE UNENFORCEABLE, THE MAXIMUM TOTAL LIABILITY OF TRUSTED PATTERNS AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS OR OTHERWISE RELATING TO THE SITE, THE SERVICE, OR ANY CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED $50. YOU FURTHER AGREE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS, THE SITE, THE SERVICE, OR ANY CONTENT. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  25. Indemnity
  26. You will defend, indemnify and hold harmless Trusted Patterns, its subsidiaries and affiliates, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any third-party claims or demands, and any related costs, damages, expenses, and liabilities (including reasonable attorneys' fees), arising out of or related to your use of the Sites, the Services, and any Content, any User Data you provide, your violation of any provision of these Terms, or your violation of any law, regulation, or rights of a third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  27. Government Users
  28. The Sites, the Services, and all Content are "commercial items" as defined in 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.211 and 48 C.F.R. 12.212, such commercial items are provided to any U.S. Government users only as commercial Items and with only those rights and licenses set forth in this Agreement and subject to the restrictions set forth in this Agreement. All U.S. Government users use the Services with only those rights set forth in this Agreement. In accordance with the tailoring provisions of FAR 12.302, this Agreement amends certain provisions of FAR 52.212-4 as set forth herein, to the extent such provisions may be so tailored or amended in accordance with applicable law and government regulation. To the extent the foregoing tailoring or amendment is so permitted, the provisions of this Agreement will take precedence over any otherwise applicable and conflicting or inconsistent provisions of the documentation between the parties and any provisions of the FAR that may be referenced therein.

  29. Marketing and Publicity
  30. If you register for an account to use the Services, you (a) agree that we may disclose that you are a customer of ours, and may include your name and logo in any lists of customers on the Sites and in other marketing collateral and press releases; and (b) agree, if requested by us, to the issuance of a joint press release on a mutually agreed-upon date (which agreement will not be withheld unreasonably). Each party will have the right to approve the press release in advance, but such approval will not be unreasonably delayed or withheld.

    Further, if you register for an account to use the Services, you agree to be the subject of a customer testimonial or case study written by us, which will discuss your use of the Services and may be published by us and used in sales, marketing, and press activities. You must approve each such testimonial or case study in advance, provided that approval will not be unreasonably delayed or withheld.

  31. Changes to these Terms
  32. We may make changes to these Terms from time to time. If we make any material changes, we may notify you by sending you an email to the last email address you provided to us (if any) and/or by prominently posting notice of the changes on the Sites or the Services. Any changes to these Terms will be effective upon the earlier of thirty calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty calendar days following our posting of notice of the changes on the Sites or the Services. These changes will be effective immediately for new users of our Sites and our Services. Users of our Services are responsible for providing us with their most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of the Sites or the Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

  33. Consent to Electronic Communications
  34. By using the Sites or the Services, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Sites and the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  35. Legal Notices
  36. Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. You will not transfer or assign this Agreement, directly or indirectly, to another person without our prior written consent. Nothing express or implied in this Agreement is intended to confer upon any entity other than the parties and their respective successors and assigns any rights, remedies, obligations, or liabilities whatsoever. We will not be liable for any delay or non-performance of our obligations under this Agreement due to any cause beyond our control.

    These Terms are governed by the laws of the States of New York, excluding conflicts of laws principles. Any controversy or claim arising out of or relating to the Sites, the Services, or these Terms must be commenced by you in the State of New York within one year after the claim arose. You consent to the exclusive personal and subject matter jurisdiction of the state and federal courts located in Ontario County, New York, and unconditionally waive to the extent permitted by applicable law: (a) any objection that you might now or hereafter have to the venue of any such court in any action so instituted under these Terms and (b) any claim that any action or proceeding so brought in any such court has been brought in an inconvenient forum.

    These Terms, including all Policies, constitute the entire agreement between you and DevFX, Inc. concerning the Sites, the Services, and any Content.These Terms supersede all prior agreements or communications between you and Trusted Patterns regarding the subject matter of these Terms.

  37. Contact Information; Disclosures
  38. The services hereunder are offered by DevFX, Inc., located in Phelps, New York 14532. If you have any questions or concerns about these Terms, the Sites, or the Services, please send us a thorough description by email to support at SimpleFraud.com.

    © 2015-2016 SimpleFraud™ and DevFX, Inc.™ All rights reserved.

LIMITATION OF LIABILITY:

DevFX shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from DevFX servers going off-line or being unavailable for any reason whatsoever. Furthermore, DevFX shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of DevFX servers. All damages shall be limited to the immediate termination of service.

* IMPORTANT: Client is responsible for providing installation software and keys/licenses for ALL Microsoft and third-party software required to be installed, if not purchased thru DevFX.

DISCLAIMER:

DevFX cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by DevFX are resold. Thus, certain equipment, routing, software, and programming used by DevFX are not directly owned or written by DevFX. Moreover, DevFX holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as DevFX sees fit. FURTHERMORE, DevFX retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.