You must be at least 18 years of age and competent to enter into a contract to use this Service. Unless we expressly note otherwise, these terms incorporate and supercede any other terms associated with the files and applications available on the domain www.winwithwp.com and its sub-domains, as well as affiliated domains and sub-domains operated by Win With WordPress, (‘Win With WordPress’, ‘Win’, ‘we’ or ‘us’).
Win With WordPress Terms and Conditions
Last Updated on 01/03/2011
You (the “User”), by using, accessing, or attempting to interact with, Win With WordPress, Donehue Direct, LLC, Northbound Design, LLC or other Win With WordPress services, websites, or any of their licensees or services, agree to be bound and abide by the terms and conditions of this Agreement with Win With WordPress.
You agree that the Services, which includes all design, development and documentation, both electronic and printed media, contain copyrighted material, trade secrets, and other proprietary intellectual property. the Services are property of Win With WordPress. They are protected by copyright and trade secret laws and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.
You agree that you will only use the Services if you are a person over 18 years of age.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublease, grant a security interest in or otherwise attempt to transfer any right in the Service (which includes its documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part.
You agree that violations by you, any other person or entity, of these copyrights, trade secrets, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the law in the federal and state courts located in the State of South Carolina.
The Services are offered on an “as is” basis and used by the User solely at his or her own risk. All user-specific information provided by User in connection with Services shall be used to provide services and features to the user and to maintain the associated websites.
2. Acceptable Use
Win With WordPress does not allow any of the following content, or links to such content, to be published on the Service:
- Content of a pornographic, sexually explicit, or violent nature.
- Content of an illegal nature (including stolen copyrighted material)
- Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered considered as slanderous or libelous.
Users posting any of the above content on their sites will be notified using User’s current email address on file, and given a 24 hour grace period to make any corrective actions. If no corrective actions are taken, Win With WordPress will suspend the services of the member account until a resolution is met between Win With WordPress and the User. A repeated violation of this Policy may cause cancellation of service without refund of any fees.
Users are not permitted to knowingly allow another website or hosting server to link to content files stored on Win With WordPress’ servers.
The final choice of whether an account is in violation of any of these policies is at the sole discretion of Win With WordPress.
Violation of any of these policies may result in tracking information being stored to identify the offending user, and permanent restriction from holding an account on the Service.
3. Chargeback/Refund Policy
Win With WordPress will not, under any circumstances, issue cash refunds for contract cancellations.
If you have a question about charges made to your account, please contact us immediately If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.
Win With WordPress has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting services.
4. Age and Nature of the User
The User certifies that he or she is a person at least 18 years of age.
The Services may not be used by any automated device or automated computational machine.
The Services may only be used or accessed through an electronic device under the manual control of the User at all times.
5. Lawful Purpose
Services provided to or used by the User may only be for lawful purposes.
Transmission, storage, copying, or modifying any material or other actions by User in violation of any federal, State or Local regulation is prohibited.
This includes material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.
This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.
Users are prohibited from using Win With WordPress services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene or pornographic material, or any other material which Win With WordPress deems, in its sole discretion, to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation or any materials as such described above is left entirely to the discretion of Win With WordPress management.
The User agrees to indemnify and hold harmless and defend Win With WordPress from any claims resulting from the User’s use or User’s allowed use by others of the Services which damages either Win With WordPress, its officers, its directors, its partners, or another party or parties.
6. Trademarks and Copyrights
User warrants that it has the right to use any trademarks, processes, or other materials it uses with the Services, if any.
User warrants that its content does not infringe any third party copyrights or patents.
7. Contract Revisions and Applicable Legal Jurisdiction
Revisions to this Agreement will be applicable to previous version of this Agreement. Revisions will be considered agreed to by the User continuing to use or access the Services in any way.
Win With WordPress reserves all rights for changes and/or modifications to the Services and rates and will communicate these changes to the subscriber within 30 days of their effect.
This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into in the State of South Carolina.
This Agreement shall be governed and constituted in accordance with the laws of the State of South Carolina and no party shall object to removal or prosecution of any litigation to a federal or state court in the State of South Carolina.