The Mighty Mo! Design Co. LLC
400 S. 4th St., Suite 401
Minneapolis, MN 55415
The Mighty Mo! Service Contract
WORRY-FREE WP TERMS OF SERVICE
First up… Here’s a really quick summary, that hopefully answers most of your key questions:
Q: Is WORRY-FREE WP a subscription service?
A: Yes. When you sign up for this service, you are agreeing to a monthly service contract. You are also agreeing to renew that monthly contract automatically on a monthly basis until you cancel.
Q: What if I decide to cancel?
A: We will provide great service whether you are signing up, upgrading, or canceling your account. You agree to provide us at least 15 days notice prior to the renewal of your contract when canceling your service. If you ever decide you want to cancel, just give us a call at 612-293-8629 or email us at email@example.com before your contract renews, and we will help you out.
Q: Can I take my content with me if I decide to cancel?
A: Yes. If requested, we will provide you with a link to a zipped folder that includes your files and database. Note that this zipped backup is available to you only during your service contract with us. In other words, make sure to clone your site before you cancel the service.
Q: Can I export my design, theme options, theme, template, etc.?
A: Yes. Same as above. We’ll give you a link to a zipped folder that includes your database and all files we have on our server..
And last, but not least, if you have a problem with your account, or a question about what our service does and doesn’t provide, please contact us, we’re more than happy to assist.
AND HERE’S THE LONG VERSION…
WORRY-FREE WP is owned and operated by The Mighty Mo! Design Co. LLC. We grant you non-exclusive limited license to use the web plugins, themes and other products and services sold through the website by The Mighty Mo! Design Co. in accordance with these Terms & Conditions (the “license”) issued by The Mighty Mo! Design Co.
After we have successfully received your payment, your The Mighty Mo! Design Co. Membership information will be emailed to the email address you provided. This may take up to 1 hour but usually happens within seconds. If you do not receive an email after this time period, contact us through our website. Upon logging in with the provided credentials, you will have instant access to all our themes and the support forum. Receipts will only be provided for payments, and will be sent to the email address used on signup.
Updates are released often for bugfixes, compatibility, or feature additions and are only available to customers who have an active membership with The Mighty Mo! Design Co.
3. API ACCESS
Some of our services require the use of an assigned API key. You may only use this API key on sites that are subscribed to the Worry-Free WP service. You must maintain an active subscription with Worry-Free WP to make use of API services. API based services may only be accessed by our plugins designed for that purpose. You may not resell, share, or publish your API key. Violation of any of these terms will result in the immediate termination of API access and/or your Worry-Free WP membership. We also reserve the right to suspend API access to users that use an unusual amount of API requests or resources that we feel may impact the services to other members.
4. PLUGINS/THEMES COMPATIBILITY
It is our duty to keep the plugins/themes up-to-date and working with the latest version of WordPress. From time-to-time, a 3rd-party WordPress plugin/theme might become incompatible with your site. In the event that a 3rd-party plugin/theme becomes incompatible, we reserve the right to take appropriate action to maintain website uptime and security.
5. BROWSER COMPATIBILITY
We make no guarantees about browser compatibility. Browser compatibility issues might require additional fees.
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of The Mighty Mo! Design Co. Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
WORRY-FREE WP is a subscription package offered by The Mighty Mo! Design Co., and all products are subscription based. Please take note that all subscriptions will be automatically renewed at the end of your subscription period, by our merchant (Stripe). If you wish to cancel your subscription (i.e. you would not like to extend it with a similar extension to your existing one), then you need to call and/or email us at firstname.lastname@example.org at least 15 days before your next scheduled subscription payment. No exceptions will be made in this regard and if your subscription payment is automatically renewed, we will assume that you have done so with your express permission. No refunds whatsoever will be given for scheduled subscription payments, except in the case it is due to billing errors caused by The Mighty Mo! Design Co. We reserve the right to refuse service or cancel your subscription and revoke membership access with a prorated refund for any reason we deem appropriate. You may not resell, share, or publish subscription credentials or access.
8. MEMBER CONTENT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not The Mighty Mo! Design Co., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Mighty Mo! Design Co. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will The Mighty Mo! Design Co. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use these Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, an The Mighty Mo! Design Co. LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, except in those areas (such as shopping) that are designated for such purpose; in no event , however, is junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like allowed;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialog, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- “stalk” or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
9. REFUND POLICY
If you can demonstrate to us that the service you have purchased from us does not work due to technical issues and that you have sought support for this (please send us a link to your support post or posts) and you have not received instructions, assistance or bug fixes on how to fix the issue, you have our apologies and we will refund a fair portion of your membership fee.
We guarantee that all of our processes will work as advertised, HOWEVER, this does not cover you deciding you don’t like some aspect of the plugin, theme or service, or would prefer a different product.
So, if you wish to receive a refund, please take the following steps:
- Please contact support via email at email@example.com and describe the technical issue you are having.
- Please give us time to assist you as much as possible (while we aim to get to you in under and hour, this may take a few days to look into in detail and analyze and assist with tricky technical stuff).
- If we have been unable to assist you, and the plugin, theme or service is proven as not working please contact us with the links to your support threads and any other information you can provide for us.
- First we will look into the issue and do everything we can to see if we can assist you (we don’t want to lose you as a member!) if that fails and we are culpable then we wil issue you a full refund, with our apologies.
- We ask for your patience and understanding in allowing us the opportunity to resolve any issues you might have.
10. CLAIMS, CHARGEBACKS AND DISPUTES
If you choose to file a claim with your credit card company or our payment processor, then you will not be provided under any circumstances with a refund – further you will be banned from using The Mighty Mo! Design Co. at any time in the future.
Filing these claims is an unnecessary, time consuming, expensive and bureaucratic process for all parties involved – it’s a path often used by people aiming to defraud us and we will fight all claims to the bitter end.
We keep records of all member activity which we will submit to our payment processor and/or credit card companies, this will often cause us to be able to win the claim and damage your credit rating with your credit card provider.
Let’s not be nasty to each other, we want to help, please contact us instead.
We believe that this is reasonable as we offer above (9) a completely sensible path to a refund and we are 110% committed to helping you out.
The Mighty Mo! Design Co. offers this service ‘as is’, with no implied meaning that they will function exactly as you wish or with all 3rd party components and plugins. Further, we offer no support via email or otherwise for installation, customization, administration of WordPress itself. In order to receive support for any product you MUST be using the most recent version of that product. The Mighty Mo! Design Co. makes no guarantees and cannot provide support to anyone using out-dated or otherwise altered versions of our products.
12. PRICE CHANGES
The Mighty Mo! Design Co. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a subscription (or any part thereof) with or without notice. Prices of all subscriptions and products, including but not limited to monthly subscription plan fees, are subject to change at any time. Such notice may be provided at any time by posting the changes to the The Mighty Mo! Design Co. website.
Our plugins and services are guaranteed to function on a clean installation of WordPress. We do not guarantee they will function with all 3rd party plugins or unsupported web browsers. We are not responsible for any plugin/theme compatibility conflicts that may occur. It is our policy to support our products as best we can and we will provide support for 3rd party plugin conflicts at our discretion or as time allows. We are not responsible for any data loss that may occur as a result of installing these products.
You agree to indemnify and hold The Mighty Mo! Design Co. and its Affiliate Companies, and their officers, agents, employees, partners, and licensees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
(Our company reserves the right to change or modify current Terms and Conditions with no prior notice.)
All The Mighty Mo! Design Co. Plugins, Themes and Support are provided as is under the license dictated by each theme and plugin.
By entering your name and email address into any of the forms on our website you consent that you are subscribing (that you have “opted-in”) to our free email newsletter. This newsletter is offered as a free service by The Mighty Mo! Design Co. and no purchase is necessary. If you do not wish to receive our newsletter you can easily unsubscribe at any time by clicking the unsubscribe link provided at the bottom of every email.
The Mighty Mo! Design Co. NEVER shares or sells your email address to third parties.
17. WEBSITE DATA USAGE COLLECTION
We track basic usage of our products through the The Mighty Mo! Design Co. Dashboard plugin. This plugin tracks the following information: WordPress/BuddyPress version and size, installed The Mighty Mo! Design Co. products, product version(s), and site url. The The Mighty Mo! Design Co. API does NOT track any personal or user information. Data is not sold or shared with any third party and is only used for statistical and support related requirements.
Updates available to customers who have an active subscription with The Mighty Mo! Design Co. All products are always designed to be compatible with the latest available version of WordPress, but we can give no guarantee that products will work with older versions of WP. We are however committed to doing our best to make all the themes compatible with future releases of WordPress within 24 hours of any release.
1.1 “Customer” means the persons, entity or agents and authorized representatives accepting this agreement. “Consultant” means The Mighty Mo Design Co. LLC.
1.2 “Content” means all text, pictures, sound, graphics, video, links, and other data stored by Customer on Consultant’s server computers.
1.3 “Website” means pages presenting the Content stored by Customer on Consultant’s server computers.
1.4 “User” means users of Customer’s Website.
1.5 “User Content” means all text, pictures, sound, graphics, video, links, and other data stored by Users on Consultant’s server computers.
1.6 “Confidential Information” means information that Customer takes reasonable steps to maintain in confidence and identifies in writing to Consultant as confidential.
2. Web Hosting.
2.1 – Hosting.
If applicable, Consultant will provide shared server computers, as specified in Section 2.3, with an Internet address for storage and access of Content, User Content, and the Website. The Website, Content, and User Content must be “server-ready.” Consultant will provide bandwidth and storage as specified in Section 2.3. If Customer requires additional bandwidth or storage, Consultant will negotiate in good faith to amend this Agreement unless Consultant’s server computers cannot accommodate the requested bandwidth or storage.
2.2 – Website Backup.
If applicable, Consultant agrees to create nightly backups and maintain those backups for up to 30 days. Due to the nature of computer files and website architecture, backups are not guaranteed to be available or working. Website backups are, ultimately, Customer’s responsibility. Consultant is not responsible for lost Content or lost User Content.
2.3 – Server Resources.
If applicable, Customer is entitled to 1 GB of storage and 10,000 visits per month per domain. Up to 1 mysql database per domain will be provided to run the WordPress software.
2.4 – Standards.
If applicable, Consultant’s services will conform to the following:
2.4.1 – Availability of Website.
Consultant will provide hosting services for the Website that meet reasonable commercial standards for, among other matters, packet loss, accessibility, latency, availability, and throughput.
2.4.2 – Security.
Consultant will take commercially reasonable steps to prevent unauthorized access to the Website, Content, User Content, and Confidential Information stored on Consultant’s server computers.
2.4.3 – Server/Network Computer Outages.
Consultant will employ best efforts in providing advance notice to Customer of scheduled server computer/network outages.
2.4.4 – Disclaimers.
Consultant provides no equipment, software, or communication connections to Customer. Consultant makes no representations, warranties or assurances that the Customer’s equipment, software, and communication connections will be compatible with Consultant’s hardware and service.
3. Ownership of Content.
All Content and User Content stored by Customer on Consultant’s server computers shall at all times remain the property of Customer. Customer grants to Consultant a non-exclusive, worldwide license to the Content and User Content only to the extent necessary for Consultant to host the Website.
4. Content Control.
4.1 – Lawful Purpose.
Customer will only use Consultant’s hardware and services for lawful purposes and Customer will not store or provide any Content or User Content or link to any material that violates foreign, federal, state or local law, the Terms of Service of Exhibit B and any modifications thereof, Consultant’s posted Acceptable Use Policy , or any other Consultant policy.
4.2 – Remedy for Violation.
Should Consultant become aware that Customer has violated Part 4.1, Consultant may, at its option, remove the Content or User Content in violation, immediately terminate hosting Customer’s Website under Part 6.3, and/or notify authorities. If hosting is terminated, Consultant may, in its sole discretion, reinstate hosting upon adequate showing of Customer’s right to use the Content or User Content.
5.1 – Fees.
If applicable, Customer agrees to have applicable hosting fees and hosting setup fees automatically charged to Customer’s credit card. Consultant will charge Customer’s credit card or email the invoice and payment is due fourteen (14) days from invoicing. Consultant may, at its option, charge a 10% fee for late payments.
5.2 – Returned Checks and Declined Credit Cards may incur a fee.
5.3 – Account Updates.
It is the responsibility of the customer to maintain accurate billing information with Consultant. This may include updated credit card information, email address and mailing address.
5.4 – Taxes.
Customer is solely liable for any taxes or fees payable for products or services sold by Customer on the Website.
6. Term and Termination.
6.1 – Term.
The initial term is agreed upon during account signup. After the initial term, this Agreement will automatically renew on a monthly basis until terminated.
6.2 – Termination by Customer.
During the initial term, Customer may terminate this Agreement upon the material breach of Consultant, if such material breach remains uncured for thirty (30) days following written notice to Consultant. This cure period shall be extended by delay caused by events beyond the control of Consultant including, but not limited to, natural disasters, governmental prohibitions or regulations, viruses that did not result from the acts or omissions of Consultant, or technical faults of Consultant’s service providers or vendors. After the initial term, Customer may terminate this Agreement upon fourteen (14) days written notice to Consultant.
6.3 – Termination by Consultant.
Consultant may immediately terminate this Agreement for cause at any time without penalty. Causes justifying immediate termination include, but are not limited to: violation of any foreign, federal, state, or local law; non-payment of fees due under Part 5 of this Agreement; breach of this Agreement;and violation of any other Consultant policy. Consultant may terminate this Agreement without cause at any time upon thirty (30) days written notice to Customer.
7. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, Consultant, AND ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE, MAKE NO WARRANTY IN CONNECTION WITH Consultant HARDWARE OR SERVICES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
8. LIMITATION OF LIABILITY. Consultant, ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST BUSINESS, LOST DATA OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE Consultant HARDWARE OR SERVICES. CUSTOMER AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY SHALL BE RETURN OR REDUCTION OF FEES PAYABLE TO Consultant.
9. Customer Indemnity.
Customer shall defend Consultant against any third party claim, action, suit or proceeding arising as a result of Customer’s use Consultant’s hardware or services and indemnify Consultant for all losses, damages, expenses, and costs incurred by Consultant as a result of a final judgment entered against Consultant in any such claim, action, suit or proceeding.
10. General Provisions.
10.1 – Governing Law.
This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. Both parties agree to submit to personal jurisdiction in Hennepin County, MN, and further agree that any cause of action or dispute arising under this Agreement will be litigated or arbitrated in Hennepin County, MN, United States of America.
10.2 – Severability and Waiver.
If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
10.3 – Relationship of Parties.
No agency, partnership, joint venture, or employment relationship is created by this Agreement and neither party has the power to bind the other party.
10.4 – Attorneys Fees and Costs.
In the event that any legal action becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled, in addition to its court costs, to such reasonable attorneys’ fees, expert witness fees and legal expenses as may be fixed by a court of competent jurisdiction.