We (the folks at Permalink) are on a mission to make the web a better place. We hope you love our products and services as much as we enjoy creating them. These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. We’ve decided to make these Terms available under a Creative Commons Sharealike license. You can grab a copy of these Terms and other legal documents on Github. You’re more than welcome to copy them, adapt them, and repurpose them for your use. Just make sure to revise the language so that your Terms reflect your actual practices. Also, if you do use these Terms, we’d appreciate a credit and link to Permalink somewhere on your website.
General Terms and Conditions
- You will receive passwords to use when you log into your account, your WordPress site, or certain Services. You are solely responsible for all passwords. You must keep all passwords confidential and take security measures to prevent any person from gaining access to them.
- Permalink has the right to monitor the website, and in its sole discretion, to remove any content that Permalink finds objectionable for any reason, without prior notice to you. Which includes but is not limited to Pornography, Spamming, Phishing Scams, Illegal business practices, any material is infringing on National or International Copyright.
- You are solely responsible for any liability arising out of or related to the Web Site. You agree to indemnify and hold Permalink harmless from and against all liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees and experts’ fees, associated with any claim or action brought against Permalink related to or arising out of the Web Site or Owner’s breach of its warranties under this agreement.
- Permalink owns and retains full rights to any code/programs or software developed by Permalink.
- You own all the content you placed into the website product or service, assuming it was original and did not infringe on existing copyrights.
- Any software used in website product or service released under the General Public License (GPL) is governed by such.
- Permalink reserves the right to modify or change these terms and conditions at any time.
Eligibility & Registration
Services are available only to individuals who are at least 18 years old, and access and use of our Services are only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
As a condition to signing up for the Services, you will require to open an account with Permalink and select a password and username, and to provide registration information. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Subject to your compliance with all of the terms and conditions of this agreement, Permalink shall provide the Services and Support you during the validity of this agreement by following the commitments made in the Service Level Agreement. In the event of a failure by Permalink to meet the obligations defined within the Service Level Agreement, your sole and exclusive remedy and Permalink’s sole liability are the issuances of Service Credits as outlined in the Service Level Agreement.
You are solely responsible for the content of any postings, data or transmissions using Services, or any other use of the Services by a User. You agree to comply with this agreement, make all payments of fees when due, and comply with all laws applicable to your use of the Services. You shall cooperate with Permalink’s investigation of service outages, security issues, or any suspected breach of the terms and conditions of this agreement.
Permalink is a web maintenance, and support service specialized in WordPress solutions crafted to operators of websites running on single-site installations of WordPress. We only allow WordPress and WordPress compatible plugins and themes. In other words, if you add any 3rd party software to an account/site that is NOT in the form of a WordPress plugin, you are in breach of this agreement.
Permalink retains the right to audit such code for performance and security concerns and allow or disallow at sole discretion.
Client Roster & Client Trademark usage
By using this service, you grant Permalink, Inc., permission, and a royalty-free license to list or display applicable trademarked name(s) and logo in Permalink’s client roster. This license will terminate upon the end of the ‘Term’ as described below. This permission does not extend to any form of advertising or marketing performed by or on behalf of Permalink.
- We provide support through two methods: 1) Email support, or 2) Live chat. Depending on your plan, you will receive one or both ways.
- If you abuse our support staff or any employee of Permalink, we may terminate this agreement and your access to the Services effective immediately.
- During our interactions with you, including while providing support, we may solicit, or you may give feedback on the Services. You agree that we are free to use and disclose this feedback for any purpose. If we make any changes to our current services or products, or develop new products or services, using the input, then you agree that we own all right, title and interest to such changes or new products or services.
- If your support request is out of the range by your plan or is not within the scope of our paid support services, we’ll give you an estimate for completing the work you need done. We will inform you and receive your consent before charging you any additional fees for technical support.
We offer free HTTPS on all websites hosted in our servers by default via Let’s Encrypt. By signing up and using one of our WordPress Hosted plans, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your website.
- Permalink will invoice you in advance for the Recurring Fees and in arrears for the Non-Recurring Fees at the beginning of each Recurrence Period.
- You are responsible for all taxes applicable to the fees in any relevant jurisdiction.
- If you do not pay on time, we may suspend or terminate the Services and terminate this agreement, without notice, at our sole and exclusive discretion.
Permalink shall not have an obligation to issue a refund, pro-rated or otherwise for any reason. Permalink reserves the right to issue a refund on a case-by-case basis at Permalink’s sole discretion.
- Permalink accepts major credit cards, debit cards, and Paypal payments.
- You agree that you will pay for the Services and that Permalink may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING Permalink, Inc., WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
- We use third-party payment processors (the “Payment Processors”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for the use of the Paid Services. The processing of payments may be subject to the terms, conditions, and privacy policies of the Payment Processors in addition to this agreement. We are not responsible for error by the Payment Processors. By choosing to use paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such paid Services by following the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment
- Your total price will include the cost of the product but expressly excludes any applicable taxes; such service tax is agreeing on the bill-to address and the appropriate tax rate in effect at the time you use the Services. We will charge duty fees only in such jurisdictions where the Services are taxable.
- Prices for the Services may change at any time at Permalink’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
- The term of this agreement shall be monthly, to commence on the date that the Subscriber signs up electronically for the services (“Initial Term”) by creating an account with an email address.
- Upon expiration of the Initial Term, this agreement and any order automatically renew for successive one month periods (each a “Renewal Term”) unless one party notifies the other in writing of its intent not to renew no later than thirty days before the expiration of the then-current Renewal Term or the Agreement or Order is otherwise terminated by following the terms of this agreement.
Termination & Cancellation
- You may cancel service at any time by providing 30 days’ prior written notice by email. Your service will cancel/terminate within 3-4 days after following this procedure. Which will allow you some time to gather your files and transfer your service before the site deletion from our system.
- Permalink may terminate if you fail to pay for services on time; your use of the services endangers or negatively affects our networks or systems, violates the law or our AUP, or inhibits our ability to provide services to our other customers.
Modifications to the Services and Prices
- Permalink reserves the right to modify or discontinue, temporarily or permanently, any part of the service with or without notice.
- Prices of all Services are subject to change upon 30 days notice from us. Such notice may provide at any time via email or by posting the changes to the Permalink website or the service itself.
- Permalink shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the service.
Permalink may, from time to time, conduct routine tests, maintenance, upgrade or repair any part of the network, and Permalinkshall use commercially reasonable efforts to give you prior notice thereof. You acknowledge that there may be instances where it is not practicable for Permalink to provide advance notice of a disruption, for example, in the event of an emergency, and We shall have the right to disrupt the Services to conduct restoration and remedial works without prior notice.
Confidential information means any information disclosed by us to you, either directly or indirectly, in writing, orally, or by inspection of tangible objects (i) that we identify as confidential or proprietary; or (ii) that reasonably appears to be confidential or proprietary because of legends or other markings, the circumstances of disclosure, or the nature of the information itself. You agree to preserve the sensitive environment of our Confidential Information by retaining and using the Confidential Information in trust and confidence, solely for its use as permitted and in connection with this agreement. We will have the right to seek an injunction (without having to post a bond) to prevent any breach or continued breach of this section. You agree to report any violations of this section to us promptly.
Permalink, Inc., represents that it shall provide the services in compliance with its Service Level Agreement. Except for this warranty, Permalink, Inc., and its licensors disclaim all other warranties, express or implied relating to the services, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, or arising from a course of dealing, usage or trade practice. Permalink, Inc., expressly disclaims any warranty that the operation of the service will be uninterrupted or error-free. Further, Permalink, Inc., makes no representations or warranties whatsoever and shall have no liability whatsoever, concerning to the accuracy, dependability, privacy, security, authenticity or completeness of data transmitted over the internet, or any intrusion, virus, disruption, loss of communication, loss or corruption of data, or other error or event caused or permitted by or introduced through the internet or the servers upon which the services provided. You are solely responsible for implementing adequate firewalls, passwords, and other security measures to protect your systems, data, and applications from unwanted intrusion, whether over the internet or by other means. You understand that you download from, or otherwise obtain content or services through, our Services at your discretion and risk.
Limitation of Liability
Except for a party’s breach of confidentiality, gross negligence, or willful misconduct:
Each party’s and its licensor’s cumulative liability to the other party and all other parties for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this agreement or the use of the services or any failure or delay in delivering the services shall not exceed the total fees paid by you during three (3) months immediately preceding the date on which the event giving rise to the claim occurred or the pro-rata equivalent if the recurrence period is annual. Except to the extent outlined in the Service Level Agreement, Permalink, Inc., shall have no liability should there be any delay in the provision of the service.
Neither party or its licensors shall be liable for any special, incidental, consequential, exemplary, punitive or other indirect damages, or for lost profits or lost data arising out of the use or inability to use the services or any data supplied in addition to that or any failure or delay in delivering the services, even if Permalink, Inc., has been advised of the possibility of such damages. You acknowledge and agree that under no circumstance shall Permalink, Inc., assume any liability or responsibility to you for suspension of service to the extent permitted by this agreement.
Ownership of Intellectual Property; Software; Hardware and IP Addresses
Each of us shall retain all right, title, and interest in and to each party’s respective intellectual property rights, including without limitation, all patents, inventions, trademarks, copyrights, and trade secrets. Any intellectual property used, developed, or otherwise reduced to practice in providing the Services to you shall be the sole and exclusive property of Permalink or its licensors unless we expressly agree in writing otherwise.
You acknowledge and agree that you do not acquire any ownership interest in any of the servers or other hardware used to provide the Services hereunder. Similarly, we do not acquire any ownership interest in the content or data that you store on the servers or transmit via the Services.
You acknowledge and agree about the third-party software and hardware used in the provision of Services. Accordingly, you agree to abide by the terms and conditions of any end-user licenses or other agreements relating to the use of such hardware or software.
You acknowledge and agree that any IP addresses that Permalink may assign to you in connection with the Services are registered to and owed by Permalink and any expiration or termination of this agreement, you agree to release and cease using any such IP addresses.
You agree to indemnify and hold harmless to Permalink, its contractors, its licensors, their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this agreement.
Permalink, Inc., reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Permalink will notify you by posting an announcement on the site. What constitutes a material change, Permalink will determinate it in a sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.