Terms and Conditions of Service for WP-Maintain.com
Last updated: 15 January 2014
This agreement is in effect as of 15 January 2014.
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.
WP-Maintain.com is an online maintenance and support service exclusively for WordPress installations(hereafter referred to as ‘Maintenance Services’). Services include, but are not limited to, any and all services listed publicly on WP-Maintain.com or offered privately to each individual client.
You are engaging WP-Maintain.com (Maroon Technology Ltd), as an independent contractor to perform Maintenance Services as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorize WP-Maintain.com (Maroon Technology Ltd) access and “write permissions” to all directories and files of your website account with WP-Maintain.com (Maroon Technology Ltd) or any other third party provider and/or web hosts.
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/s.
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 open communication tools on our website, such as 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 open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. 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 http://www.wp-maintain.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.
i. You agree to indemnify and hold harmless WP-Maintain.com, Maroon Technology Ltd 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 Maroon Technology Ltd 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. Maroon Technology Ltd 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 including Maintenance Services, 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.
Delays and Interruptions
WP-Maintain.com (Maroon Technology Ltd) shall not be liable for any loss of data resulting from delays, corruption of data, nondeliveries, misdeliveries or service interruptions. Customer shall be solely responsible for the selection, use and suitability of the services, and WP-Maintain.com (Maroon Technology Ltd) shall have no liability therefor. Except to the extent of WP-Maintain.com (Maroon Technology Ltd) gross negligence or willful misconduct, neither WP-Maintain.com (Maroon Technology Ltd) nor its network services supplier will be liable for unauthorized access to WP-Maintain.com (Maroon Technology Ltd) or customer’s transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of customer’s data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of WP-Maintain.com (Maroon Technology Ltd) or its network service supplier’s negligence.
Each party agrees to indemnify and hold the other harmless against any losses, costs, expenses (including, but not limited to, reasonable attorneys’ fees), claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) resulting from any claim, suit, action, or proceeding brought by any third party against the other or its affiliates related to or arising out of (i) any infringement or misappropriation or alleged infringement or misappropriation of any United States copyright, trade secret, patent, trademark, or other proprietary right related to any hardware or software utilized in connection with any of the Services (but excluding any infringement contributorily caused by the other party), and (ii) any violation of or failure to comply with the Rules or Regulations. Customer further agrees to indemnify WP-Maintain.com (Maroon Technology Ltd) and its affiliates against any Losses which arise out of, or relate to any content provided by Customer or the customers/clients of Customer, and Customer will reimburse WP-Maintain.com (Maroon Technology Ltd) and its affiliates for all legal expenses, including reasonable attorneys’ fees, incurred by WP-Maintain.com (Maroon Technology Ltd) and its affiliates in connection with any such Losses.
Except for the parties’ indemnity obligations, in no event will either party be liable or responsible to the other for any type of incidental, punitive, indirect or consequential damages, including, but not limited to, lost revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability or otherwise.
All content and materials available on http://www.wp-maintain.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Maroon Technology Ltd, 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 Maroon Technology Ltd.
WP-Maintain.com (Maroon Technology Ltd) does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.
Promotional offers are not cumulative and may expire.
Pricing & Payments
All prices appearing on this site are subject to change without notice. Once a client of WP-Maintain.com (Maroon Technology Ltd), you authorize WP-Maintain.com (Maroon Technology Ltd) to charge the payment method you submitted automatically each month for the services rendered by WP-Maintain.com (Maroon Technology Ltd). To change a payment method, contact support prior to your payment due date.
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.
Cancellation & Refunds
Cancellation of any monthly recurring service by the customer can occur at anytime. Refund for your ongoing maintenance plan is available at any time during your 12 month commitment, effective the first day of the following month. There is no pro-rating to the day of a refund (no return of a partial month payment), it is a cancellation of your plan effective the first day of the next month of your contract.
In the case of a customer with a site that cannot be maintained by WP-Maintain.com who has paid for the first month, a 100% refund for any payment will be provided with no changes to the customer website.
Refusal of Service
WP-Maintain.com (Maroon Technology Ltd) reserves the right to refuse service to any individual, website, or organization for any reason at any time.
This website is controlled by Maroon Technology Ltd from our offices located in the state of NY, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of NY, by accessing our website, you agree that the statutes and laws of NY, 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 United States, NY You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, Maroon Technology Ltd 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.
By submitting your payment, you are agreeing to all of our terms of usage and service as they are written here. WP-Maintain.com (Maroon Technology Ltd) reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
If you have any questions or comments about these our Terms of Service as outlined above, contact us at:
Maroon Technology Ltd.
PO Box 1356
Grand Island, NY 14072