Terms of Service
Welcome to wordpressassistance.com (the “Website”). Our services include an online hosting and website development platform owned and operated by wordpressassistance.com. These Terms and Conditions are a legally binding agreement between wordpressassistance.com (doing business as “Wordpress Assistance”) and users of the Website (“you” or “user”). Please read these Terms and Conditions carefully.
1. Acceptance to the Terms and Conditions
By using this Website and any of our Services (as defined below) or by creating an account, you acknowledge that you have read, understood and agree to comply with the following Terms and Conditions and all applicable laws and regulations governing this Website and Services.
If you do not agree to be bound by these Terms and Conditions, you shall not use or access this Website and our Services.
We may modify these Terms and Conditions from time to time by posting a revised version on the Website. By continuing to access or use the Website, you are indicating that you agree to be bound by the modified Terms and Conditions. If you do not agree to continue to use the Website on the basis of the modified Terms and Conditions, please cease to use our Website and/or Services.
When modified Terms and Conditions come into effect, the modified Terms and Conditions shall supersede the previous version of the Terms and Conditions.
2. Description of Service
Our services include:
A. hosting of your site(s) on the WordPress platform, use of WordPress plugin licenses, use of WordPress plugins, and standard hosting-related services, possibility to access and use a collection of resources, including various communications tools, search services, and personalized content;
B. minor website development services (collectively hereinafter referred to as the “Services”).
WordPress Assistance may, at its sole discretion, add new services or remove certain existing Services. Users of our Website may use our Services in strict compliance with these Terms and Conditions and all applicable laws.
You acknowledge and agree that you shall not:
use this Website and its content for any non-authorized commercial purpose;
use the Website and its contents in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity as defined by any applicable laws and regulations;
use this Website in any way or take any action that causes, or may cause, damage to WordPress Assistance or impairment of the performance, availability or accessibility of the Website;
download, send, transmit or in any other way post and/or distribute any content that is illegal, harmful, slanderous, unethical or violates intellectual property rights, promotes hatred and/or racial, ethnic, sexual, religious or social discrimination or is insulting to any persons and/or organizations;
violate third party rights, including, without limitation, agents, partners of WordPress Assistance;
use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
download, send, transmit or otherwise post and/or distribute unauthorized advertising information, unsolicited email, bulk email, spam (including spamdexing), lists of e-mail addresses of other people, pyramid schemes, multilevel marketing (MLM), Internet earning systems and e-mail businesses, chain letters as well as use the Website for participation in any of the above;
conduct any systematic or automated data collection activities (including without limitation: scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our prior express written consent;
collect and store personal information of other users without their proper authorization;
Our Services are available and may only be used by individuals who have reached the age of 18 and are not a person barred from receiving Services under the laws of the United States or the person’s applicable jurisdiction. If you are a company or a legal entity, you are permitted to use our Services only if you validly exist, have full legal capacity and are a company/legal entity duly organized under the laws of United States or applicable law of your jurisdiction.
You may use our Services only as permitted by applicable law, and laws of your country of residence and/or incorporation. We are not responsible for any use of our Services in any way or manner by individuals or legal entities which are not permitted to do so by applicable law, and/or laws of your country of residence and/or incorporation.
4. Account Registration
In order to use our Services, you will need to register an account on the Website. You agree to provide us with your true, accurate and full information when you fill in the registration form. You are liable for maintaining the security of your account, and you are fully liable for all activities that occur under the account. You must immediately notify us of any unauthorized uses of your site, your account, or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
5. Protection of Your Personal Information
6. User Content
While using our Services, you may upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Website (collectively, “User Content”). User Content means any content posted by you or by users of any of your sites hosted through the Services (“User Sites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Sites. By posting or distributing User Content on or through the Services, you hereby warrant to WordPress Assistance that you have any and all necessary rights to post or distribute such User Content. You further warrant that such User Content does not infringe or violate the rights of any third party. Once User Content has been posted through the Services, you agree to grant to WordPress Assistance a non-exclusive, royalty-free, sublicensable, transferable, worldwide right and license to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and make archival or back-up copies of User Content and User Sites. Except for the rights expressly granted herein, WordPress Assistance does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
WordPress Assistance shall not liable for any User Content posted on or through the Website. We have no control over and do not monitor User Content. However, we reserve our right to pre-screen, review, flag, filter, modify or refuse any or all User Content from the Website for any reason. We may also take any corrective action in our sole discretion, including without limitation removal of all or a portion of the User Content or User Sites, and suspend or terminate any and all Services without refund if you violate the terms of these Terms and Conditions.
7. Our License
Except for the User Content, all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, the “Content”), are the proprietary property of WordPress Assistance or licensors of WordPress Assistance. You shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, sell or exploit for any purpose, in whole or in part, other than as expressly permitted in these Terms and Conditions. Any use of the Content without any express permission of WordPress Assistance or licensors of WordPress Assistance is prohibited and will automatically terminate your rights to use the Services and any Content. All rights to use the Content that are not expressly granted in these Terms and Conditions are reserved by WordPress Assistance or licensors of WordPress Assistance.
8. Fees and Payments
Our fees and other charges are set out on the Website. The sums due will be invoiced monthly on the anniversary date of purchase of Services or you may agree with WordPress Assistance on a lump sum to be paid annually.
User agrees that all charges and fees associated with an account are its sole responsibility.
On the Website our users may pay for Services using their credit card or through PayPal. We do not collect payments by ourselves as we use services of third party providers. Thus, we are not responsible for processing your payment which is subject to terms and conditions and other policies of third party providers.
Any non-payment or irregular payment, meaning incorrect or incomplete amounts in particular, or lacking the required references, or made by any method or procedure not accepted by WordPress Assistance are not acceptable and will result in rejection by WordPress Assistance of the registration or renewal request.
WordPress Assistance may change fees and any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. You are responsible to review fees and other payments charged by WordPress Assistance which we will publish on the Website or send you by notifications.
9. Refund Policy
Generally, we do not provide any refund. However, if you are not satisfied with our Services, please send us an email stating reasons you desire a refund. We will review your email and try to resolve the issue. If you still want to get a refund and your account is paid up, we will refund a pro-rated amount (charging only for the days used in the month) and close your account. If you request a copy of your site, we will provide a ZIP file with the WordPress site.
10. Interstate Nature of Communications
Our computer networks may be located in the United States as well as abroad. Due to the nature of electronic communications, some of communications can be transmitted to various locations in the United States as well as abroad. By accepting our Terms and Conditions and using our Services, you acknowledge and agree that the use of the Services result in interstate and international data transmission.
11. No Sensitive Data
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. We do not accept hosting for sensitive data, such as information about children or medical or health information, political information. Storing and permitting access to sensitive data is a material violation of these Terms and Conditions, and grounds for immediate account termination.
The user shall indemnify and hold WordPress Assistance harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against WordPress Assistance directly or indirectly arising from or in connection with user’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of these Terms and Conditions by the user.
13. Limitation of Liability
To the fullest extent permitted by law, neither WordPress Assistance, nor our employees, directors, agents, licensors and our authorized service providers, shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising from your use of the Services, or any User Content, User Sites or other materials accessed or downloaded through the Services, even if WordPress Assistance is aware or has been advised of the possibility of such damages.
Under no circumstances shall WordPress Assistance, nor our employees, directors, agents, licensors and our authorized service providers, shall be held liable for any delay or failure or disruption of the content or Services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, server errors, misdirected or redirected transmissions, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, disease, pandemia, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
14. No Warranties
You acknowledge and agree that all access and use of the Website is at your own risk. All Content contained within or available through the Website are provided “as is” and “as available”.
WordPress Assistance makes no warranties or representations of any kind, whether expressed or implied for the Services it is providing. WordPress Assistance also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by user, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the user. Use of any information obtained by way of WordPress Assistance is at user’s own risk, and WordPress Assistance specifically denies any responsibility for the accuracy or quality of information obtained through its Services. Connection speed represents the speed of an end-to-end connection. WordPress Assistance does not represent guarantees of speed or availability of end-to-end connections. WordPress Assistance expressly limits its damages to user for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. WordPress Assistance specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
We maintain backups of our user’s account and we will provide you with your account’s backup upon your request and if such backup is available. However, you shall not rely solely on our backup files and data stored through the Services. Data on backups may be retrieved for a limited time or lost as a result of failures outside of our reasonable control. When using our Services, you shall be solely responsible for transferring and maintaining all appropriate backup of files and data stored through the Services. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored through the Services.
You also agree to defend, indemnify and hold WordPress Assistance harmless against any consequences arising out of our backups, including, without limitation, lost or damaged backups, or backups that do not cover your expectations for any reason.
16. General Practices and Limits on Use of Services
You acknowledge that we may set general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
You agree that WordPress Assistance has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that WordPress Assistance reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that WordPress Assistance reserves the right to modify these general practices and limits from time to time without notice.
17. Modifications to Services
We reserve the right to modify, suspend or terminate any Service or product available through the Website, at any time for any reason with or without notice to you.
You may terminate your account on the Website at any time and for any reason. The refund of fees paid for the Services is subject to our Refund Policy as stated above.
Upon termination of the Services for any reason, User Content, User Sites, and other data will be deleted.
You agree that we may send you notifications that are Service related. Such notifications may be posted on the Website or sent to your email. You may subscribe or unsubscribe from such notifications.
20. Links to Third Party Websites
Users shall be aware that the Website may contain links to external websites and services that are not owned or controlled by WordPress Assistance. We are not responsible for contents or the privacy or other practices of such third party websites.
21. Applicable Law and Dispute Resolution
These Terms and Conditions and the use of this Website shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. You irrevocably submit to the exclusive jurisdiction of the courts located in Florida, the United States of America. In case of any dispute, controversy or claim arising out of or in connection with the Terms and Conditions, such dispute, controversy or claim shall be amicably settled by means of negotiations before the court settlement.
22. General Provisions
We do not guarantee that this Website is appropriate or available for use in various locations. Those who access or use the Website from other jurisdictions do so at their own risk and are responsible for compliance with local law.
If any provision hereof is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and WordPress Assistance as a result of these Terms and Conditions or your use of this Website.
The section headings in these Terms and Conditions are inserted solely for reference purposes and do not have any contractual value nor any specific meaning.
23. Contact Us
If you have any questions or want to leave your feedback, please contact us at [email protected]