This agreement is in effect as of Jul 13, 2015.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Description of Services
Maintain WP 4U is an on-line maintenance service for single-site WordPress websites or blogs that are installed on an acceptable non-Windows hosting service. Multi-Site WordPress installations cannot be supported. Our services include, but are not limited to, services listed publicly on our maintainwp4u.com website or offered pursuant to a private request. Users of our services are responsible for providing, at their own expense, all equipment required to use our services including a computer, Internet access, an installed WordPress site on a non-Windows based hosting account and any other tools or software required to participate in our services.
The maintainwp4.com website and the services we offer are not endorsed, sponsored, affiliated or associated with The WordPress Foundation or Automattic, Inc. They have not been certified, reviewed or tested by The WordPress Foundation or Automattic. Inc.
Registration and Payment
Your initial and recurring monthly payments will be automatically charged for services using a secure PayPal account. We do not handle or keep any of your credit card information. It is all handled through the PayPal secure servers. It is your responsibility to keep your billing information up to date with PayPal. Payments that cannot be processed with multiple automatic tries may be suspended. We will notify you of the non-payment issue and when resolved we will re-activate your account. All prices on our website (www.maintainwp4u.com) are subject to change without notice but we will not change your purchased plan price without your authorization.
Cancellation and Refunds
Paid users of our services may cancel them at any time. They can do so from their “My Account” page on the maintainwp4.com website or by sending an e-mail to firstname.lastname@example.org referencing their supported domain name(s) and stating they wish to cancel their services. If the request to cancel is received within 30 days of the initial, first time purchase we will credit the initial purchase price for the first month’s service back to the credit card used for the purchase. If the cancellation is received after the first 30 days of the initial purchase we will terminate services and the account immediately and there will be no further charges for our services.
Every registered user of our services has direct access to our support ticket system. All requests for support must be requested through this sytem so that we can properly and efficiently respond and track these requests. If your request is directly related to the specific services in your plan (i.e. backups, plugin and WordPress updates, security scans, website monitoring, etc.) there is no additional charge to address your issue. If your request is outside of services included in your plan (i.e. adding/configuring/troubleshooting plugins, content editing/additions, CSS/layout adjustments, WordPress configurations, etc.) we will communicate with you to determine the scope of the request and provide you an estimate for the work.
If you are a Premium Plan user, most requests for support are provided at a reduced rate (20% discount) for covered support. This includes support types mentioned above as well as general consultation, theme installation/adjustments, security adjustments, performance adjustments, etc. but does not include site design, development or custom programming. We are happy to work with you on non-covered support at our regular billing rates.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various communication tools on our website, such as support tickets, blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
h. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any maintainwp4u.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
j. You agree to indemnify and hold harmless BCS Web Services, LLC and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from BCS of Southwest Florida, Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. BCS of Southwest Florida, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on maintainwp4u.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of BCS of Southwest Florida, Inc., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by BCS of Southwest Florida, Inc..
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by BCS Web Services, LLC from our offices located in the state of Arizona USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Arizona, by accessing our website, you agree that the statutes and laws of Arizona, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, Arizona. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, BCS WEB SERVICES, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
BCS Web Services, LLC.
1900 W Chandler Blvd.
Chandler, AZ 85224