Date last updated: 12/15/2017
Welcome to the TenWeb Platform (hereinafter “The Platform”, “Us”, “We”, “Our”, “Company”, “10Web”, “Services”, “Products” depending on context). These terms of service (hereinafter “ToS”) represent a legal agreement (“Agreement”) between you, either an individual or a legal entity (“You” , “you” , “Your”, “User” or “Customer” depending on context), and TenWeb, Inc., which operates the TenWeb Platform (individually referred to as “Party” and collectively the “Parties”). These ToS apply when You view or use the Platform and its Services. Please review these ToS carefully. By accessing or using the Platform, you confirm your or in case of legal entity, your authority to consent to be bound by the terms stipulated in these ToS. If you do not agree to these Terms of Service, you may not access or use the Platform.
About the Platform
10Web offers premier solutions for managing and optimizing your entire WordPress website creation process. We provide our Customers a full suite of tools to easily design, develop and launch websites, as well as effortlessly manage, optimize and maintain existing websites.
The Platform is made to increase the productivity, extend the functionality of Our Customer’s websites and make their work more pleasant and effective.
Our Platform and Services include, but are not limited to TenWeb Website, Dashboard, Plugins, Themes, Optimization tools and 10Web Services in general.
- In order to use the Platform, you will be required to register an account
- By using the Platform, You are deemed to validly consented with these ToS
- You are allowed to use the the Platform and Services in accordance with the terms described in these ToS and are subject to restrictions described herein.
- You have to be of legal age of majority in the jurisdiction where you reside, or in case of legal entity, be lawfully and duly organized under the requirements of respective laws in that jurisdiction. In case of minors (ages between 13 and the legal age of majority), have the permission of parents or legal guardians.
Account registration includes a unique login ID (which is your email) , a password to access the Service and Your credit card information. Please note that we do not store credit card information. Credit card information is provided to Stripe to process your payments. Along with this you will/may be optionally required to provide other information. This optional information may include your phone number, profile picture, company name, address, website and such.
You have to provide valid, accurate and complete information about you, your company and it is your responsibility to keep the information up to date. You are responsible for keeping your password in a safe place and not share with others. The registered account belongs to and is for exclusive use by the account holder. You are not allowed to transfer your account and respective rights to any third party. We retain the right to treat all activities conducted using your password as activities conducted by you. You agree to notify us immediately of any unauthorized use of your password and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your password and/or account. You may close your account and terminate your use of Platform at any time, by sending us an email to firstname.lastname@example.org. Please note, that your right to use the Platform will expire as of the time of account closure. However, in case of account closure, we may retain certain account settings and information for a period of time necessary to fulfill the applicable law and regulatory obligations and in the event of account re-activation. The period of time we maintain account information shall be in our sole discretion.
We retain the right to reject registration of your account, suspend or terminate Your account at any time without prior notice, if we believe that You have violated the terms described in these ToS and/or is deemed by Us, under reasonable criterion (e.g. account holder is involved in illegal business and/or has otherwise objectionable conduct, that may harm our reputation, etc.), to be inappropriate to use the Platform.
PLATFORM USE AND YOUR CONDUCT
TenWeb Platform products and services are provided on subscription basis (please refer to “Subscription” section of these ToS).
To be able to use the Platform and its Services you have to have an active subscription, dashboard and “Plugin Manager” installed on your website. “Dashboard” is a unified console, which allows you to manage all your websites from one place and access the Platform and Services.
TenWeb plugins, themes are licensed under the GPL 2.0 license. You can use these products, in the manner permitted by GPL 2.0 license and these ToS. To use the Platform, you should use your own device, software and data connection under your own responsibility and at your own expense. At any time at our discretion and without a prior notice we have the right to suspend, terminate, and limit access to the Platform in whole or in part if we, in good faith, believe that you are violating these ToS regulations and/or the rights of third parties. We have the right to provide you with our and third party advertisements.
By using the Platform, you agree not to use the platform:
- to promote content or act in a manner that is abusive, threatening, or racially, sexually, religiously, or otherwise objectionable and offensive;
- for any unlawful purpose or for the promotion of illegal activities;
- to attempt to, or harass, abuse or harm another person or group;
- to provide false or inaccurate information when registering an account;
- to interfere or attempt to interfere with the proper functioning of the Platform;
- to make any automated use of the Platform, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- to bypass any robot exclusion headers or other measures we take to restrict access to the Platform or use any software, technology, or device to scrape, spider, or crawl the Platform or harvest or manipulate data; or
You understand and agree that any liability, loss or damage that occurs as a result of You violating these ToS is solely your responsibility.
TenWeb Platform and Services are subscription based. We have designed several subscription plans with different prices and level of service, to better meet your business needs.
- We provide you with 14 day free trial to use and get acquainted with the Platform. The trial is risk free, with no cancellation fees and all products/services available for trial. If you do not cancel your subscription before the end of trial period, we will automatically charge subscription fee associated with your free trial subscription on the last day of your trial. Please note that we will not notify You on your trial period ending.
- You can subscribe to monthly or annual subscription plans. When you subscribe to a particular subscription plan, you agree to pay subscription fees applicable for that plan.
- By subscribing you agree to any applicable restrictions stipulated by that plan (e.g. number of websites allowed for management).
- Subscription fees are charged/automatically renewed at the beginning of each billing cycle without notifications to you. Nevertheless, you can always check your billing history and current subscription plan from “Dashboard”.
- You can cancel your subscription at any time before next billing cycle from your account’s settings section in “Dashboard” console. Please note, that if you have cancelled your subscription, You still can use your 10Web services until the end of your then current subscription end date.
- Your subscription may be de-activated due to some technical issues, e.g. credit card expired, not enough funds on credit card, etc. We will notify you to take appropriate measures. Please note that we have the right to reject, suspend or cancel your subscription at our discretion, without prior notification and/or explanation to You.
- We have the right to change the fees for subscription plans. In this case we will notify You through Your account email at least 72 hours prior to your next billing cycle.
- Our prices are in USD. For international transactions different currency exchange rates, as well as transaction fees may be imposed by transactions intermediaries and it is User’s responsibility to get acquainted with them.
All payments on the Platform are final and we do not provide refund, except in the case of billing errors caused by TenWeb, Inc.
You are responsible for carefully reviewing the subscription plans and specific conditions related to particular plan before subscribing. We provide you 14 day free trial period, without cancellation fees to explore and use our Platform/Services, prior to paying subscription fee. You may cancel your subscription any time before trial period end date. Please refer to “Subscription” section of these ToS for more detail.
Our team does its best to ensure high level of functionality and customer satisfaction from the Platform/Services. For this purpose we regularly release updates to ensure compatibility with different browsers, WordPress different versions, third party plugins, themes, bug fixes, etc. Since 10Web provides multiple products/services within a single subscription plan, the frequency and quantity of the updates for particular standalone product/service may depend on number of factors, such as user demand, felt need, available resources at 10Web and such. We reserve the right to decide on number, type and frequency of updates, as well as whether to provide an update or not. You will see available updates and further can install updates from your dashboard or “Plugin Manager”.
Please note that installing updates may result in technical issues, including but not limited to data loss, inoperability of websites and such, due to technical reasons that may or may not be under our control and it is your responsibility to undertake adequate measures, prior to installing any update, to avoid such cases. Generally, it is a good practice to backup your website, prior to installing updates. For this purpose you may use the “Backup” service available within 10Web Platform, or any other third party tool of your choice. Please read through the “Compatibility” and “Limitation of Damages;Release” sections of these ToS.
We are committed to make sure that our products/services are compatible with latest versions of WordPress and widely used browsers. There might be cases out of our control when the browser does not support certain standards, which in turn may result in partial functionality of our products. Similarly some other incompatibility issues may arise with third party plugins, themes, hosting server software, etc. In most cases our support team will try to provide workarounds within a reasonable timeframe, however, we retain the right to deem any request requiring complex or custom work beyond our scope, as determined by our support staff.
Online Content Disclaimer
Information or content made available through the Service, but not directly by Us, are those of their respective authors. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information/content on the Service and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any information/content made by parties other than Us. 10Web takes no responsibility and assumes no liability for any Information/Content that you or any other third party makes available through the Platform/Service. The Company reserves the right, but has no obligation, to monitor the content posted in the public areas of the Service or to limit or deny Your access to the Service or take other appropriate action if You violate these Terms of Service or engage in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. We shall have the right to limit Your use of the Platform/Services, in our sole opinion, if Your use the Platform/Services violates or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us email@example.com.
Links To Other Online Sites And/Or Services
As part of the Service, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as products, services or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Platform/Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Platform/Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
TenWeb products are licensed under the GPL 3.0 license. You can use the Platform, in the manner permitted by GPL 3.0 license and these ToS.
Email May Not Be Used to Provide Notice
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where written notice to us is required by contract or any law or regulation.
Consent To Receive Communications In Electronic Form.
You (a) consent to receive communications from the Company in an electronic form via the email address you have submitted or the Platform messaging/notification tools; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to firstname.lastname@example.org. Opting out may prevent you from receiving messages regarding the Company or special offers.
THE PLATFORM AND ITS SERVICES, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
Limitation Of Damages; Release
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) YOUR USE OR INABILITY TO USE THE PLAFORM/SERVICE; (B) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU. If you have a dispute with one or more users that you interact with using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Modification Of Terms Of Service
We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Platform/Service from time to time to view any such changes in the Agreement. If you continue to use the Platform/Service, you signify your agreement to our revisions to these Terms of Service. However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.
If you have questions regarding these Terms of Service, please contact us at email@example.com