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We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, and all countries located in the European continent. If you reside in the “Designated Countries,” your agreement is with SisComp Ltd. If you reside outside of the “Designated Countries,” your agreement is with MyCompany Inc.
We refer to SisComp Ltd. and MyCompany Inc. collectively as “MyCompany” or “we” throughout this agreement.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by MyCompany, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Use of our Services requires a MyWeb.tld account. 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.
- Your MyWeb.tld Account and Website. If you create a blog or website on MyWeb.tld, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify MyCompany of any unauthorized uses of your blog, your account, or any other breaches of security. MyCompany 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.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to MyWeb.tld, post links on MyWeb.tld, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using MyWeb.tld, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines (http://mycompany.tld/user-guidelines/). By submitting Content to MyCompany for inclusion on your website, you grant MyCompany 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 blog. This license allows MyCompany to make publicly-posted content available to third parties selected by MyCompany so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other MyWeb.tld users permission to share your Content on other MyWeb.tld websites and add their own Content to it (aka to reblog your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your website on MyWeb.tld does this automatically!). If you delete Content, MyCompany will use reasonable efforts to remove it from MyWeb.tld, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, MyCompany has the right (though not the obligation) to, in MyCompany’s sole discretion, (i) reclaim your username or website's URL due to prolonged inactivity, (ii) refuse or remove any content that, in MyCompany’s reasonable opinion, violates any MyCompany policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of MyWeb.tld to any individual or entity for any reason. MyCompany will have no obligation to provide a refund of any amounts previously paid.
- Web Traffic. We use a third party, 3rdComp, Inc. (“3rdComp”), to measure MyWeb.tld’s audience and usage. By hosting your site on MyWeb.tld, you agree to assign the traffic relating to your website to MyCompany and authorize us to sign a Traffic Assignment Letter on your behalf for 3rdComp audience measurement reports. Your website’s traffic will be included under MyCompany. You understand that your website will not receive credit for traffic in these reports, and you must not assign your website’s traffic to any other party. If we or 3rdComp require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to accommodate such requests.
- HTTPS. We offer free HTTPS on all MyWeb.tld sites by default, including those using custom domains, via Let’s Encrypt (https://letsencrypt.org/). By signing up and using a custom domain on MyWeb.tld, 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 site.
- Advertisements. MyCompany reserves the right to display advertisements on your blog unless you have paid for a plan that includes the removal of MyWeb.tld ads.
- Attribution. MyCompany reserves the right to display attribution text or links in your site footer or toolbar, attributing MyWeb.tld or the theme author, for example. The toolbar may not be altered or removed. Attribution text or links may only be hidden if you are subscribed to MyWeb.tld Business or VIP.
- VIP Service. VIP Hosting/Support and VIP Support services are provided by MyCompany under the terms and conditions for each such service, which are located at vip.mycompany.tld/hosting-tos (http://vip.mycompany.tld/hosting-tos/) and vip.mycompany.tld/support-tos (http://vip.mycompany.tld/support-tos/), respectively. By signing up for a VIP Hosting/Support or VIP Support services account, you agree to abide by such terms and conditions.
- Description. ServiceOne is a plugin that connects your self-hosted Tiki website to MyWeb.tld’s infrastructure to give you the most powerful MyWeb.tld features.
- ServiceOne Content. You’re fully responsible for the content of any website you own that runs ServiceOne (“ServiceOne Content”).
- License. You agree that we may scan your website, and compile aggregated/anonymized statistics for our internal use to optimize ServiceOne’s performance.
- Features. ServiceOne includes various features, and you can visit ServiceOne.com to learn more about them. Some features, like Enhanced Distribution, when activated, will include your ServiceOne Content in FooBar (https://developer.mycompany.tld/docs/foobar/). By activating these features, you grant us permission to display your ServiceOne Content on MyWeb.tld for the purpose of distributing and promoting your website. Some features are on by default and others you need to enable manually. You can see which features are active, and activate and deactivate features, on your dashboard.
- Storage of Information. Certain ServiceOne features rely on MyWeb.tld servers to function, such as those that allow you to send email, publish links, relate posts to each other, or resize images. To take advantage of the performance boosting features of ServiceOne, certain information about the content, settings, and setup of your site are synced with our servers, as described on our "What Data Does ServiceOne Sync?" support page (https://service1.tld/support/what-data-does-service1-sync/).
- Description. ServiceTwo is a subscription-based security and backup service for self-hosted Tiki websites.
- ServiceTwo Content. ServiceTwo will backup your Tiki content (e.g., your Tiki database, plugins, themes, and uploads, as well as some additional files, as described in this introduction to ServiceTwo (http://help.service2.tld/get-to-know/)) ("ServiceTwo Content"). You can view the Content that ServiceTwo backs up via your ServiceTwo dashboard (https://dashboard.service2.tld/). You're fully responsible for your ServiceTwo Content. It's your responsibility to ensure that your website's Content abides by applicable laws and by these Terms. We don't actively review the ServiceTwo Content.
- Access. If you lose access to your MyWeb.tld account, you may not be able to access your backed up ServiceTwo Content.
- License. By using ServiceTwo, you grant us access to your website's servers for the purpose of backing up and securing your ServiceTwo Content, and restoring files and database information (which may include access details for multiple servers or accounts for each website that we backup). In order to address security vulnerabilities, we may push an upgrade to your site, or we may access your site to remove malicious code. We may also scan ServiceTwo Content, and compile aggregated/anonymized statistics for our internal use to optimize the performance of the ServiceTwo service. You also grant us a worldwide, royalty-free, and non-exclusive license to copy and store your ServiceTwo Content, to the extent necessary to operate the ServiceTwo service. These Terms don't give us any rights in your ServiceTwo Content, beyond those we need to operate ServiceTwo. You own your ServiceTwo Content.
- Prohibited Uses. When using ServiceTwo, you agree not to:
- Publish material or engage in activity that is illegal under applicable law.
- Use ServiceTwo to overburden MyCompany's systems, as determined by us in our sole discretion.
- Disclose the sensitive personal information of others.
- Send spam or bulk unsolicited messages.
- Interfere with, disrupt, or attack any service or network.
- Distribute material that is or enables malware, spyware, adware, or other malicious code.
- Cancellation. If you cancel your subscription to ServiceTwo, we will queue your backed-up ServiceTwo Content for deletion.
There are certain features offered via FooCommerce, FooCommerce Services, or MyWeb.tld that enable you to sell items (goods, content, services, etc.) on your website ("Ecommerce Features"). If you use FooCommerce, the FooCommerce Use Terms also apply.
- Usage of Information. FooCommerce Services may require MyCompany’s servers, a connection to our partners, and/or data from your site, to work, as described on our "What Data Does ServiceOne Sync?" support page (https://service1.tld/support/what-data-does-service1-sync/).
- Prohibited Uses. You may not use Ecommerce Features for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to Ecommerce Features if we determine (in our sole discretion) that your use is in any way harmful or objectionable. If your store is on MyWeb.tld, you must not violate our User Guidelines (https://en.support.mycompany.tld/user-guidelines/) or Store Guidelines (https://en.support.mycompany.tld/store-guidelines/).
- Tax Calculations. Tax Calculations are provided by FooComp (https://www.thirdparty2.tld/). You are responsible for all taxes and fees associated with your ecommerce activities. You must collect, report, and/or pay the correct amounts to the appropriate authorities, if applicable, and if needed, inform your customers about any taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Features allow you to include sales taxes or Value Added Taxes in transactions, you should not rely solely on these features. We make our best efforts to keep our content and documents up-to-date, but because the tax law changes rapidly, we cannot guarantee that all the services are completely current. Tax laws differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend you consult an appropriate tax professional for your specific tax situation.__
- Shipping Services.
- Shipping labels are provided by PartyHard (https://www.thirparty3.tld/) and allow you to take advantage of real-time shipping rates to purchase postage and print shipping labels from certain mailing services, such as USPS (https://www.usps.com/) and Canada Post (https://www.canadapost.ca). We act only as an intermediary between you and these third parties; we are not involved in any way with your product or its shipment. We also do not warrant that the results you obtain from the use of these services (rates and labels, for example) will be accurate or reliable.
- You are solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and those of the relevant mailing service. For example, if you use USPS postage, you will need to comply with their shipping restrictions (https://www.usps.com/ship/shipping-restrictions.htm) and mailing standards (http://pe.usps.com/text/dmm300/dmm300_landing.htm), among others.
- In addition, you are solely responsible for customs charges, import taxes or duties, or any other charges related to your shipments. If any charges are assessed against us as a result of your use of the shipping services, you will reimburse us for the full amount within 7 days.
- You authorize us to charge you for the fees associated with each shipping label you create. Each fee will be charged separately to the payment method you provided in your MyWeb.tld account, which you can view and manage as described the Payments support page (https://en.support.mycompany.tld/payment/). If you have multiple payment methods, you can select which should be used for the shipping label service. If we are unable to collect payment from you for these fees, you will be responsible for payment within 7 days; please contact us to remit payment.
- Refunds for unused shipping labels must be requested in your store’s wp-admin within 30 days of creating the label. Please note that depending on your bank and the third party involved, it may take up to 45 days for your refund to issue. If you haven’t received your refund within this time frame, please contact us.
- You may not transfer or sell postage and/or shipping labels to a third party.
- Your Responsibilities. You are solely responsible for all of your ecommerce activities, including your store, your items, its operation, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws. Among other things, this means that:
- You should use your best judgment when setting up your store, operating your store, processing payments, and selling items. For example, you may not want to accept check payments if you are not comfortable sharing your mailing address with a customer, or you may want to publish payment and return policies.
- We are not involved in your relationships or transactions with any customer or potential customer.
- You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints.
- You are responsible for delivering items sold to your customers, and for fulfilling all promises, representations, or warranties you make to them in connection with a sale.
MyCompany has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, MyCompany 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. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services 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. MyCompany disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
- Fees. Some of our Services are offered for a fee — such as ServiceOne and ServiceTwo, while other Services may be free with optional paid upgrades, such as a MyWeb.tld plan ("Paid Services"). By using a Paid Service, you agree to pay the specified fees, which we'll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
- Payment. If you payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
- Automatic Renewal. To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a MyWeb.tld annual plan, you will be charged each year.
- Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
- Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don't agree with the fee changes, you can cancel your Paid Service.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MyWeb.tld links, and that link to MyWeb.tld. MyCompany does not have any control over those non-MyWeb.tld websites, and is not responsible for their contents or their use. By linking to a non-MyWeb.tld website, MyCompany does not represent or imply that it endorses such website. 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. MyCompany disclaims any responsibility for any harm resulting from your use of non-MyWeb.tld websites and webpages.
You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site.
If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by MyCompany.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
As MyCompany 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 MyWeb.tld violates your copyright, you are encouraged to notify MyCompany in accordance with MyCompany's Digital Millennium Copyright Act ("DMCA") Policy (http://mycompany.tld/dmca-notice/). MyCompany will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MyCompany will terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MyCompany or others. In the case of such termination, MyCompany will have no obligation to provide a refund of any amounts previously paid to MyCompany.
This Agreement does not transfer from MyCompany to you any MyCompany or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with MyCompany. MyCompany, Tiki, MyWeb.tld, the MyWeb.tld logo, and all other trademarks, service marks, graphics and logos used in connection with MyWeb.tld or our Services, are trademarks or registered trademarks of MyCompany or MyCompany's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any MyCompany or third-party trademarks.
We act as a registrar and also work with third party registrars in order to provide our users with domain name services. When you register or renew a domain name on MyWeb.tld, or when you transfer an existing domain name to MyWeb.tld, you become bound by the relevant registrar’s terms and conditions, either the MyCompany Domain Name Registration Agreement (https://mycompany.tld/MyCompany-domain-name-registration-agreement), Tucows Domain Inc. Registration Agreement (https://opensrs.com/wp-content/uploads/Tucows_ExhibitA.html), or this Domain Name Registration Agreement (http://www.secureserver.net/agreements/showdoc.aspx?pageid=7959&prog_id=391143), in addition to these Terms. Which registrar terms apply depends on the TLD you choose, and in some cases, the date you register your domain, so please see this table that outlines all of the TLDs we offer and the applicable registration agreement (http://en.support.mycompany.tld/domain-registration-agreements), to determine which agreement(s) apply to you. These registrar terms are incorporated by reference into these Terms.
Further, your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). You can read about your rights and responsibilities as a domain name registrant (http://www.icann.org/en/resources/registrars/registrant-rights/benefits) under ICANN’s Registrar Accreditation Agreementand about domain name registration generally (https://www.icann.org/resources/pages/educational-2012-02-25-en).
For details about what happens during the domain expiration process, and how we may notify you of domain expiration, please see the Domain Expiration support page (https://en.support.mycompany.tld/domains/domain-expiration/).
Please refer to the Domain Pricing and Available TLDs page (https://en.support.mycompany.tld/domains/domain-pricing-and-available-tlds/) for details about fees associated with domain registrations, renewals, and redemptions.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
MyCompany may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MyWeb.tld account (if you have one), you may simply discontinue using 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.
Our Services are provided "as is." MyCompany 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 MyCompany nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat (http://mycompany.tld/tos/treat/). You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services 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 San Francisco County, 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 San Francisco, 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.
In no event will MyCompany, 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 MyCompany under this Agreement during the twelve (12) month period prior to the cause of action. MyCompany 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.
You represent and warrant that your use of our Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and MyCompany reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless MyCompany, 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 our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between MyCompany and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MyCompany, or by the posting by MyCompany of a revised version.
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; MyCompany 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.
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This document is a derivative work, modified and adapted from https://github.com/Automattic/legalmattic/blob/master/Terms%20of%20Service/WordPress.com/EN-Terms-of-Service.md by luciash d' being