Terms Of Service

The Gist:

We (the folks at Windrush Labs) run a website hosting service and a WordPress maintenance plan called Windrush Labs Hosting and would love for you to use it. We offer paid web hosting services as well as paid upgrades for advanced features such as extra bandwidth, extra storage, SEO, and WordPress maintenance. Our service is designed to give you as much control and ownership over what goes on your site as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).

 

Terms of Service

The following terms and conditions govern all use of the Windrush Labs Hosting service including, but not limited to, website hosting and the WordPress maintenance plan, (taken together, “Windrush Labs Hosting”). Windrush Labs Hosting is owned and operated by Windrush Labs. Windrush Labs Hosting is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Windrush Labs’s Privacy Policy) and procedures that may be published from time to time on this Site by Windrush Labs (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using Windrush Labs Hosting. By hosting your website on Windrush Labs hosting, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not use Windrush Labs Hosting or use any our additional services. If these terms and conditions are considered an offer by Windrush Labs, acceptance is expressly limited to these terms.

  1. Your Site Hosted on Windrush Labs Hosting (“Windrush Labs Hosted Site”). If you host a site on Windrush Labs Hosting, you are responsible for maintaining the security of site (we do offer maintenance services where we maintain your site), and you are fully responsible for all activities that occur on the site and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Windrush Labs may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Windrush Labs liability. You must immediately notify Windrush Labs of any unauthorized uses of your site or any other breaches of security. Windrush Labs will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you operate a site, comment on a site, post material to an Windrush Labs Hosted Site, post links on an Windrush Labs Hosted Site, or otherwise make (or allow any third party to make) material available by means of an Windrush Labs Hosted Site (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the 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 (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) 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 the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the 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);
    • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
    • your Windrush Labs Hosted Site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your Windrush Labs Hosted Site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Windrush Labs or otherwise.
  3. By submitting Content to Windrush Labs for inclusion on your Windrush Labs Hosted Site, you grant Windrush Labs a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Windrush Labs Hosted Site. If you delete Content, Windrush Labs will use reasonable efforts to remove it from Windrush Labs Hosting, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
  4. Without limiting any of those representations or warranties, Windrush Labs has the right (though not the obligation) to, in Windrush Labs’s sole discretion (i) refuse or remove any content that, in Windrush Labs’s reasonable opinion, violates any Windrush Labs policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Windrush Labs Hosting to any individual or entity for any reason, in Windrush Labs’s sole discretion. Windrush Labs will have no obligation to provide a refund of any amounts previously paid.
  5. Payment and Renewal.
    • General Terms. By using Windrush Labs Hosting, you agree to pay Windrush Labs the monthly or annual subscription fees indicated for that service, including fees for optional upgrades. Payments will be charged on a pre-pay basis on the day you sign up for Windrush Labs Hosting and will cover the use of that service for a monthly or annual subscription period as indicated. Windrush Labs Hosting fees are not refundable.
    • Automatic Renewal. Unless you notify Windrush Labs before the end of the applicable subscription period that you want to cancel our services, your Windrush Labs Hosting subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Windrush Labs Hosting can be canceled at any time by notifying Windrush Labs.
  6. Responsibility of Website Visitors. Windrush Labs has not reviewed, and cannot review, all of the material, including computer software, posted to the Windrush Labs Hosting, and cannot therefore be responsible for that material’s content, use or effects. By operating Windrush Labs Hosting, Windrush Labs does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Windrush Labs Hosting may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Windrush Labs Hosting may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Windrush Labs disclaims any responsibility for any harm resulting from the use by visitors of an Windrush Labs Hosted Site, or from any downloading by those visitors of content there posted.
  7. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which an Windrush Labs Hosted Site links, and that link to an Windrush Labs Hosted Site. Windrush Labs does not have any control over those non-Windrush Labs Hosted websites and webpages, and is not responsible for their contents or their use. By linking to a non-Windrush Labs Hosted website or webpage, Windrush Labs does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Windrush Labs disclaims any responsibility for any harm resulting from your use of non-Windrush Labs Hosted websites and webpages.
  8. Copyright Infringement and DMCA Policy. As Windrush Labs asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by an Windrush Labs Hosted Site violates your copyright, you are encouraged to notify Windrush Labs. Windrush Labs will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Windrush Labs will terminate a visitor’s access to and use of Windrush Labs Hosting if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Windrush Labs or others. In the case of such termination, Windrush Labs will have no obligation to provide a refund of any amounts previously paid to Windrush Labs.
  9. Intellectual Property. This Agreement does not transfer from Windrush Labs to you any Windrush Labs or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Windrush Labs. Windrush Labs, pipelinedental.com, the pipelinedental.com logo, and all other trademarks, service marks, graphics and logos used in connection with pipelinedental.com, or Windrush Labs Hosting are trademarks or registered trademarks of Windrush Labs or Windrush Labs’s licensors. Other trademarks, service marks, graphics and logos used in connection with Windrush Labs Hosting may be the trademarks of other third parties. Your use of Windrush Labs Hosting grants you no right or license to reproduce or otherwise use any Windrush Labs or third-party trademarks.
  10. Windrush Labs reserves the right to display advertisements on your Windrush Labs Hosted Site unless you have purchased ad-free services.
  11. Windrush Labs reserves the right to display attribution links such as ‘Designed by Windrush Labs,’ theme author, and font attribution in your Windrush Labs Hosted Site footer or toolbar. Footer credits and toolbars may not be altered or removed regardless of services purchased.
  12. Windrush Labs WordPress Themes. Windrush Labs designed or Windrush Labs licensed themes may be used solely on the Windrush Labs Hosted Site that they are installed.  These themes may not be used on any other site without first obtaining the consent of Windrush Labs.
  13. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, 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.
  14. Windrush Labs reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to Windrush Labs Hosting following the posting of any changes to this Agreement constitutes acceptance of those changes. Windrush Labs may also, in the future, offer new services and/or features through Windrush Labs Hosting (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  15. Windrush Labs may terminate your access to all or any part of Windrush Labs Hosting at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Windrush Labs Hosted Site, you may do so by notifying Windrush Labs. 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.
  16. Disclaimer of Warranties. Windrush Labs Hosting is provided “as is”. Windrush Labs and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Windrush Labs nor its suppliers and licensors, makes any warranty that Windrush Labs Hosting will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, Windrush Labs Hosting at your own discretion and risk.
  17. Limitation of Liability. In no event will Windrush Labs, or its suppliers or 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 Windrush Labs under this agreement during the twelve (12) month period prior to the cause of action. Windrush Labs shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  18. General Representation and Warranty. You represent and warrant that (i) your use of Windrush Labs Hosting will be in strict accordance with the Windrush Labs Privacy Policy, 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) and (ii) your use of Windrush Labs Hosting will not infringe or misappropriate the intellectual property rights of any third party.
  19. You agree to indemnify and hold harmless Windrush Labs, its contractors, and 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 Windrush Labs Hosting, including but not limited to your violation of this Agreement.
  20. This Agreement constitutes the entire agreement between Windrush Labs and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Windrush Labs, or by the posting by Windrush Labs of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of Windrush Labs Hosting will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Irvine, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Windrush Labs may assign its 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.

 

(These Terms of Service available under a Creative Commons Sharealike license and has been modified from the WordPress.com Terms of Service, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you.)