Terms of Service

1. Introduction

1.1 We are committed to safeguarding the privacy of our website visitors; in this policy we explain how we will treat your personal information.

1.2 By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3. Collecting personal information

3.1 We may collect, store and use the following kinds of personal information:

(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);

(b) information that you provide to us when registering with our website (including your email address);

(c) information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address);

(d) [information contained in or relating to any communication that you send to us or send through our website (including the communication content and metadata associated with the communication); and

(i) any other personal information that you choose to send to us.

4. Using personal information

4.1 Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.

4.2 We may use your personal information to:

(a) administer our website and business;

(b) personalise our website for you;

(c) enable your use of the services available on our website;

(d) send you non-marketing commercial communications;

(e) send you email notifications that you have specifically requested;

(f) send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);

(g) send you marketing communications relating to our business [or the businesses of carefully-selected third parties] which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);

(h) provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);

(i) deal with enquiries and complaints made by or about you relating to our website;

(j) keep our website secure and prevent fraud

4.3   If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.

4.4 We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party’s direct marketing.

5. Disclosing personal information

5.1 We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.

5.2 We may disclose your personal information:

(a) to the extent that we are required to do so by law;

(b) in connection with any ongoing or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

5.4 Except as provided in this policy, we will not provide your personal information to third parties.

6. International data transfers

6.1 Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.

6.2 Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: [the United States of America, Russia, Japan, China and India].

6.3 Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

6.4 You expressly agree to the transfers of personal information described in this Section 6.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

7. Retaining personal information

7.1 This Section 7 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.

7.2 Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

7.3 Notwithstanding the other provisions of this Section 7, we will retain documents (including electronic documents) containing personal data:

(a) to the extent that we are required to do so by law;

(b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

8. Security of personal information

8.1 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

8.2 We will store all the personal information you provide on our secure (password- and firewall-protected) servers.

8.3 You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

9. Amendments

9.1 We may update this policy from time to time by publishing a new version on our website.

9.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

10.    Your rights

10.1 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:

(a) the payment of a fee (currently fixed at GBP 10); and

(b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).

10.2 We may withhold personal information that you request to the extent permitted by law.

10.3 You may instruct us at any time not to process your personal information for marketing purposes.

11. Third party websites

11.1 Our website includes hyperlinks to, and details of, third party websites.

11.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.

12. Updating information

12.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.

13. Cookies

13.1 Our website uses cookies.

13.2 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

13.3 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

13.4 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

13.5 We use both session and persistent cookies on our website.

SLA HOSTING AGREEMENT

HOSTING SUBSCRIPTION SERVICE

If you are using our managed hosting services, the following applies:

The Media Snug has the  following terms and conditions (“Terms”) to govern all use of the Media Snug website and all content, services, and products available at or through the website, including, but not limited to, The Media Snug Hosting platform, all plugins, and our API services, (taken together, our “Services”). Our Services are 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, The Media Snug’s Privacy Policy) and procedures that may be published from time to time by The Media Snug (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

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 The Media Snug, acceptance is expressly limited to these Terms.

HOSTING

  • By using our hosting services, you grant us access to your website and database
  • for the purpose of hosting and/or backing up your content.
  • In order to address security vulnerabilities, we will first notify you, and then we
  • may push an upgrade to your site, or we may access your site to remove malicious
  • code.
  • We may scan your data and content to compile aggregated/anonymized statistics
  • for our internal use to optimize the performance and security of the service.
  • If you cancel your hosting with The Media Snug or miss hosting payments, you will
  • not be able to access your hosting or backup data. We may not be able to recover
  • backups or data more than fourteen (14) days after the hosting goes inactive.
  • You grant us a worldwide, royalty-free, and non-exclusive license to copy and
  • store your data and content only to the extent necessary to operate the Service.
  • You own your data and content.

For sites that we host, our goal is an uptime of 100% – meaning all sites are available 24/7/375. We know that sometimes this goal may not be achieved, and in those cases, the following Service Level Agreement (SLA) applies:

  • We guarantee a 99.9% uptime SLA.
  • We do not place any hard limits on traffic, visits, or bandwidth on your sites. Should your site experience a spike in traffic (both human and/or by bots), your site may experience performance problems or even downtime. We will send an alert on how to upgrade your hosting plan to higher resources in this case, and our SLA will not apply.
  • Should the SLA not be met during a calendar month, you are entitled to an SLA Credit. You must contact us to request an SLA Credit within 30 days of the end of the month for which the SLA was not met. Credits will be valued at 5% of your monthly hosting charges for each full hour of downtime beyond the SLA and will not exceed 100% of your hosting charges. Downtime will be determined by our monitoring tools.
  • Our SLA applies to any human errors by our team and by employees or contractors of any 3rd party service providers that we use to supply the hosting service.
  • Our SLA does not apply to any downtime that is out of our control, including problems resulting from 3rd party code, user-error, or natural disasters such as floods or earthquakes.

BACKUPS

  • In addition to the unlimited 30-day rolling backups included with each Media Snug hosted site, additional space can be purchased for the lowest prices in WordPress guaranteed.
  • By using our backup services, you grant us access to your website, database, and any virtual or physical servers for the purpose of backing up and or restoring your data and content.
  • We may scan your data and content to compile aggregated/anonymized statistics for our internal use to optimize the performance and security of the service.
  • You grant us a worldwide, royalty-free, and non-exclusive license to copy and store your data and content only to the extent necessary to operate the Service. 

By using our hosting services, you grant us access to your website and database for the purpose of hosting and/or backing up your content. In order to address security vulnerabilities, we will first notify you, and then we may push an upgrade to your site, or we may access your site to remove malicious code. We may scan your data and content to compile aggregated/anonymized statistics for our internal use to optimize the performance and security of the service.

You grant us a worldwide, royalty-free, and non-exclusive license to copy and store your data and content only to the extent necessary to operate the Service. You own your data and content.

For sites that we host, our goal is an uptime of 100% – meaning all sites are available 24/7/365. We know that sometimes this goal may not be achieved, and in those cases, the following Service Level Agreement
(SLA) applies:
We guarantee a 99.9% uptime SLA.
We do not place any hard limits on traffic, visits, or bandwidth on your sites. Should your site experience a spike in traffic (both human and/or by bots), your site may experience performance problems or even
downtime. We will send an alert on how to upgrade your hosting plan to higher resources in this case, and our SLA will not apply.

Should the SLA not be met during a calendar month, you are entitled to an SLA Credit. You must contact us to request an SLA Credit within 30 days of the end of the month for which the SLA was not met. Credits will be valued at 5% of your monthly hosting charges for each full hour of downtime beyond the SLA and will not exceed 100% of your hosting charges. Downtime will be determined by our monitoring tools.

Our SLA applies to any human errors by our team and by employees or contractors of any 3rd party service providers that we use to supply the hosting service.

Our SLA does not apply to any downtime that is out of our control, including problems resulting from 3rd party code, user-error, or natural disasters such as floods or earthquakes.

SEO SERVICES

The Client understands and acknowledges the following:

  • The times for websites to appear on search engine listings vary and The Media Snug cannot guarantee that the Website will appear immediately on the Designated Search Engines or that its position will change immediately from that which it held prior to the SEO Services.
  • The Media Snug cannot control search engines and cannot provide any guarantee that any of the Designated Search Engines will not change their policies or functionality in such a way that will have a detrimental effect on the ranking of the Website following the completion of the SEO Services.
  • The Media Snug accepts no responsibility for any detrimental effect on the Website’s search engine rankings which results from any activity of the Client or any third party including, but not limited to, alterations to the Website.
  • The Media Snug makes no guarantee that the SEO Services will result in the Website appearing in the top 10 search results on the Designated Search Engines.

API

Some Services require API access to enable all features and functionality. These currently include, but are not limited to WP Smush Pro, WP Smush, Hummingbird, Defender, Snapshot Pro, SmartCrawl, and Anti-Splog.
If you are using any of our API Services, the following applies:
You must maintain an active subscription with The Media Snug to make use of API services. API based services may only be accessed by our plugins designed for that purpose.
API services use an assigned API key to connect.
We 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.

PROHIBITED USES

Your website content will not infringe on any intellectual property rights (e.g., copyright, trademark,patent or other proprietary rights); publish, host, or transmit content that is defamatory, slanderous or trade libelous; publish, host, or transmit content that is threatening or harassing; publish, host, or transmit content that is discriminatory based on gender, sexual orientation, race, age or promotes hate; disclose the sensitive personal information of others; distribute material that is or enables malware, spyware, adware, or other malicious code; send spam or bulk unsolicited messages; interfere with, disrupt, or attack any service or network. 

You agree that your company and any associated staff will not:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

PAYMENTS & SUBSCRIPTIONS

Marketing, Hosting, Managed Backups, CDN and other digital services invoice by The Media Snug (“Paid Services”). By using a Paid Service, you agree to pay the specified fees, which we’ll charge you for in regular intervals (such as monthly or annually), on a pre-pay basis
until you cancel. 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 authorise 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. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. We reserve the right to refuse service or cancel your hosting subscription with a prorated refund for any reason we deem appropriate. 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.

PLEASE NOTE: If you do not pay for your hosting, or other website management services, your website is at risk of being taken down until payment is made. We will not give any notice before this happens. You have 30 days to dispute any invoices from the date they are issued. 

Any third-party licenses must be upheld – e.g. rights-managed images. We will notify the client prior to purchase of any assets that may fall into such criteria.

SECURITY

You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure and you must immediately notify The Media Snug of any unauthorized uses of its
sites, its account, or any other breaches of security.

LEGALS

Our Services are provided “as is.” The Media Snug 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 The Media Snug nor its suppliers and licensors, makes any warranty that our Services 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, our Services at your own discretion and risk.
In no event will The Media Snug, 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 by The Media Snug under this Agreement during the
twelve (12) month period prior to the cause of action. The Media Snug 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.

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