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Subscription Agreement

Legal notice
Free trial
Fees & Payments
Cancellation & Renewal
Refunds
Subscription Setup
Domain Names
Your Representations To Us
Your Responsibility For Your Website
Support
Security
Our Reservation of Rights
Indemnification
Limitation of Liability
Assignment
Appliable Law & Entire Agreement

Legal Notice

This Subscription Agreement, which may be modified pursuant to its terms (hereinafter, simply “Agreement”), governs your subscription (hereinafter, simply “Subscription”) to wpPERFORM.com and domains under its direct control (hereinafter collectively referred to as “we”, “us”, “Service” or “Services”). Please read it carefully before subscribing to our Services, because this Agreement constitutes a binding legal agreement between you and wpPERFORM.com (hereinafter, together referred to as the “Parties”) which governs your use of our Services.

This Agreement does not transfer from us to you any intellectual property (whether owned by us or another party), and all right, title and interest in and to such property will remain solely with the owner of the intellectual property subject to agreements applicable to it.

Our Services create a website (hereinafter, simply “Website”) on the public internet for you using WordPress, provide you tools to customize that Website to your liking, and serve that Website to visitors who browse to that Website over the public internet.

Everything, taken individually or collectively, including but not limited to text, images, programming code, HTML markup, videos, and audio recordings, that you upload or post to your Website represents your content (hereinafter referred to simply as “Content”).

Free Trial

Every Subscription to our Services begins with a no-risk, no obligation free trial enabling you to create a Website. We create your Website very quickly, normally in under a minute. We do not ask for a credit card to start your free trial, but you will need to provide a credit card and incur charges if you would like to continue to use our Services when your free trial expires. During the free trial period, you will see a reminder of the amount of time remaining in the free trial period in your administrator dashboard. This reminder will disappear if you elect to continue to use our Services beyond the free trial, which you can do at any time before the free trial expires.

You may only have one (1) free trial in operation at a time or within a twelve (12) month period.

If your free trial expires, we will keep your Content for a period of thirty (30) days following the expiration of your free trial, in case you decide to return and begin a Subscription and incur charges. However, some settings (such as themes and plugins) are deactivated when your free trial expires, so you will have to re-activate them if you decide to subscribe to our Services. If we don’t hear from you in that thirty (30) day period, we will permanently delete your Content, along with any settings for your Website, and you will no longer have access to it.

During the course of your free trial and at all times during your Subscription, you are free to delete all of your Content from a link readily accessible on your administrator dashboard.

Fees & Payments

You agree to pay the fees and other charges (including any applicable taxes) for your use of our Services at the rates in effect when you incurred those charges. We bill all charges automatically to your credit card at the beginning of the period to which the charge applies. All charges are non-refundable unless as otherwise provided in this Agreement. Your Subscription may be subject to additional fees for services or usage limits beyond those provided on your Subscription. All such fees are publicly disclosed on our Plans & Pricing page or disclosed to and accepted by you in advance. You are solely responsible for fees imposed by other third parties, such as Internet Service Providers, to enable you to make use of your Subscription.

Cancellation & Renewal

Your Subscription will renew automatically unless and until it is cancelled by you. For any Subscription, you are free to cancel at any time. If you cancel a monthly subscription before the end of the current month of your Subscription, your access to your Website and our Services will continue through the end of that month because you’ve already paid the non-refundable fees for that month.

For monthly subscriptions, we do not notify you that your Subscription will be renewed in advance of that renewal. For annual subscriptions, we will notify you at least 30 days prior to the renewal (except as otherwise required by applicable laws) of your Subscription by an email sent to the email account you used when you first entered into your Subscription. For all subscriptions, you must cancel your subscription before it renews to avoid the automatic charge to your credit card.

You are free to delete all of your Content from a link readily accessible on your administrator dashboard immediately prior to cancelling your Subscription, but once your Subscription is cancelled you will no longer have access to this tool. If you don’t delete your Content on your own immediately prior to cancellation, we will keep your Content for a period of thirty (30) days following your cancellation, in case you decide to return and continue your Subscription. If we don’t hear from you in that thirty (30) day period, we will permanently delete your Content, and you will no longer have access to it.

We reserve the right to cancel your Subscription if we, in our sole and absolute discretion, determine that you have violated this Agreement, our Terms of Use, or our Acceptable Use Policy.

Refunds

For monthly subscriptions, fees paid by you are non-refundable.

For annual subscriptions, in the event you cancel your Subscription we will round up the time period used to the nearest full month, calculate the cost of those months at the standard monthly rate, deduct that cost from the amount you paid, and refund the difference to you. Because annual subscriptions are priced below monthly subscriptions, if you cancel an annual subscription before its normal expiration, you are effectively converting your Subscription to a monthly term, and you will incur charges based on higher, monthly rates. Therefore, it is possible that cancellation of an annual subscription close to its normal expiration does not result in a refund but carries with it unpaid fees which will be automatically charged to your credit card.

We will also issue a refund upon your request if we fail to provide you access to the Services for at least 99.9% of the time as measured over a calendar month using our publicly accessible availability report. To receive a refund for downtime under this provision, you must request it by submitting within sixty (60) days of the downtime a form on our contact page marked as an SLA Refund Request. If we fail to provide you access to the Services at the start of your Subscription before the calendar turns to the next month, we will automatically extend your Subscription by one (1) full day for each day your access to the Services was impaired.

Subscription Setup

When you subscribe to our Services, we automatically generate a secure password which you must use to access the administrator dashboard to manage your Website using our Services. You can later change this password to one of your choosing, but it is your responsibility to choose a password wisely and to keep your password private to yourself. If you believe that your password has been compromised, it is your responsibility to reset or change it using the tools available on our Service.

Domain Names

If you are using a domain name previously registered by you, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

Your Representations To Us

You represent to us that:

  • Your use of our Services and your Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside);
  • You will not attempt to alter, impair or disrupt the operation of our Services;
  • You will not attempt to log in to any administrator dashboard on our Services other than those to which you have access;
  • You have all of the legal rights, including, but not limited to, ownership and copyright, to upload and post your Content to your Website during the use of your Subscription;
  • Your Content will not infringe the proprietary rights, including, but not limited to, the copyright, patent, trademark or trade secret rights, of any third party;
  • If your employer has rights to intellectual property you create, you have either received permission from your employer to post or make available the Content or secured from your employer a waiver as to all rights in or to the Content;
  • You have fully complied with any third-party licenses relating to your Content, and have done all things necessary to successfully pass through to end users any required terms;
  • Your Content does not contain or attempt to install anything that is harmful or destructive, including, but not limited to, viruses, worms, malware, and Trojan horses;
  • Your Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • Your Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • Your Content is not advertised via unwanted electronic messages, including but not limited to spam links or messages and similar unsolicited promotional methods;
  • Your Content has not been described or tagged with keywords that are misleading or illegal or intended to trade on the names, trademarks, or reputations of others;
  • Your Website itself or elements of your Content are not named in a manner that misleads your readers into thinking that you are another person or company;
  • You have accurately described the type, nature, uses and effects of your Content, especially for Content that includes computer code;
  • Your Website’s URL, including your subdomain on our network, is not the name of a person other than yourself or company other than your own; and
  • You recognize that while you may edit or otherwise delete any or all Content on your Website, the original un-edited or un-deleted Content may remain available on the public internet due to caching or archiving performed by us or by others, and as a result, all of the above representations apply to all versions of your Content at all times that it is available to others.

Your Responsibility For Your Website

Although we offer you support and guidance, you are fully responsible for creating and administering your Website, including maintaining the security of your account providing administrative access for your Website and all activities that occur under that account or other accounts that you create. The privacy of your account is maintained by a username and a password, which we initially assign but you are free to change, and you are responsible for maintaining the confidentiality of that password. You must immediately notify us of any actual or suspected breaches of security, including, but not limited to, unauthorized access to your administration dashboard or modification to the Content of your Website which was not authorized or initiated by you.

Users may take on roles on your Website, such as subscriber or editor or contributor, only if such roles are approved and assigned by you. Further, comments by others will only appear on your Website if they are approved by you under your comment moderation policies. Therefore, you are responsible for all third parties who contribute to your Content, including unrelated parties whose comments you approve on your Website.

Support

For all of our subscription plans (including during your free trial), we provide ticket-based email support for our Services to help you create or customize your Website. The features of our plans are outlined on our Plans & Pricing page. During the course of your Subscription, you will enjoy access to all of the support options included with the plan applicable to that Subscription.

Security

To help ensure but not guarantee the uninterrupted operation of your Website and our Services, among other security measures, we have in place tools that block traffic to your Website that we in our sole and absolute discretion believe to be either undesirable or pose a security risk to either your Website or our Services generally. Undesirable traffic includes, but is not limited to, sources that have been observed engaged in spamming, fuzzing, phishing, unauthorized content scraping, exploiting, impersonating others, or failing to observe accepted industry behavior for the operation of Internet-based crawlers or spiders, such as failing to abide by restrictions in a robots.txt file. Where practicable, we may (but are not obligated to) provide tools to enable you to alter the traffic restrictions that apply to your and only to your Website. If available, such tools would be found as a plugin which you could (but would not be required to) activate to alter the operation of your Website.

Further, we have in place tools that restrict the number of unsuccessful login attempts for all accounts, including the administrator account through which you access the administrator dashboard of your Website. If you exceed the number of unsuccessful login attempts, you will be temporarily denied access to the administrator dashboard of your Website as a security precaution, but this restriction does not impact the general availability of your Website on the public internet or the ability for other accounts you created to sign into their dashboards (administrative or otherwise) of your Website.

In order to preserve the effectiveness of any security measure we choose to adopt, we may elect not to disclose specific details on the operation of any such measure beyond disclosing its general impact on your Website or our Services.

Your acceptance of this Agreement constitutes an acceptance of the security policies we have adopted for your Website and our Services.

Our Reservations of Rights

We reserve the right to:

  • Disclose any information about you or your Website, including your registration data and technical information about the operation of your Website, in order to comply with any applicable law or requests under a legal process we deem binding on us or to operate our Services;
  • Modify at our sole and absolute discretion the terms of this Agreement by reflecting changes on this page; your continued use of your Subscription constitutes acceptance of this Agreement, as modified;
  • Reject or remove any content that we in our sole and absolute discretion reasonably believe violates this Agreement, our Terms of Use, or Acceptable Use Policy, though we are under no obligation to do so;
  • Terminate your Subscription upon a breach of this Agreement, our Terms of Use, or Acceptable Use Policy or upon a general shutdown of our Services; all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to indemnify and hold harmless wpPERFORM.com, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services and your Website, including, but not limited to, your violation of this Agreement.

In the event you ask us to upload or post content (including programming code and HTML markup) on your behalf, you agree to indemnify us against all claims related to a challenge to your legal rights to such content.

Limitation of Liability

In no event will we (including our suppliers, subcontractors, agents, and licensors) be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to us under this Agreement during the twelve (12) month period prior to the cause of action. We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Assignment

You may assign your rights under this Agreement to any party that consents to and agrees to be bound by its terms and conditions. We may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the Parties, their successors and permitted assigns.

Applicable Law & Entire Agreement

The applicable laws governing this Agreement are those of the United States and North Carolina, without giving effect to its conflict of laws provisions. This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods.

This Agreement supersedes all previous oral or written agreements governing your use of our Services and constitutes the entire agreement between you and us with respect to your use of the Site and our Services. Any cause of action you may have with respect to your use of the Site or our Services must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement. The remainder of this Agreement shall continue in full force and effect.

The Parties agree that, except for intellectual property disputes, all claims arising out of an alleged breach of this Agreement will be resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Such arbitration shall take place in the English language in Fairfax County, Virginia or in a place mutually agreed to by the Parties. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. The Parties agree that we are each waiving the right to trial by jury, except as otherwise stated above. Any arbitration under this Agreement will take place on an individual basis whereby class actions are not permitted. You agree that by your use of your Website and our Services under this Agreement, you are giving up the ability to participate in a class action.