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Terms

Last updated: November, 2018

Please read these Terms of Service ("Terms") carefully before using the WP Bubble website (the "Service", "us", "we", "our", or "website") by NoteToServices. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, you should not access the Service. Access to and use of the Service is conditioned on the acceptance of and compliance with these Terms. These Terms apply to all who access or use the Service.

Service

WP Bubble is a managed hosting service for WordPress websites.

Account

We reserve the right to restrict the amount of accounts created through our service.

When you create an account, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate suspension of your account.

Your use of the Service is strictly for personal and professional conduct only and you agree not to use your account for the purposes of inappropriate or illegal activity. Failure to maintain this conduct may result in immediate suspension of your account.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your account. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account, this is to facilitate the safeguarding of your account from being used without consent or for malicious purposes.

We will never call, text, or email you asking for your password.

You agree to allow us to periodically contact you via email to send promotional offers through our Service. We will never spam you, give out or sell your personal information.

Inactivity

We require at least ONE active bubble on your account.

Any account that fails to maintain an active bubble after 3 months will be deleted from our system.

Hosting

We try to guarantee 99% uptime and do our best to ensure your website(s) remains safe and secure without interruption to the best of our ability. Downtime may or may not result in compensation via reduced or excluded charges.

You agree NOT to reverse-engineer, tamper with, or purposely attempt interruptions with our services.

You agree to conduct business with our service in a professional manner that does not seek to violate any U.S. or international laws.

We reserve the right to declare whether content within your website meets all requirements for acceptable usage.

If content is deemed unacceptable, you will be sent an email stating the issue and given 24-48 hours to ensure you are following the terms of service. After the allotted time, you grant us full permission to take down the website until it meets all requirements for acceptable usage.

Charges and Billing

Subscription

We abide by Stripe's terms and conditions and privacy policy for handling and securing payments made by you to our website.

We abide by Paypal's user agreement and privacy policy for handling and securing payments made by you to our website.

Pricing

Pricing is subject to change at our discretion. We will attempt to notify our users of any pricing changes within 30 days of the change.

Billing for using our services is on a credit-based monetary exchange system in which a credit is worth a set dollar amount.

Each day your account is using resources, credits will be deducted.

Once the credit system drops to below -$3.00 (negative three) credits, the instance is automatically deleted.

Any negative credits are still due upon payment for more credits.

Data Loss

If you fail to maintain a positive balance in your account, your websites will be automatically and permanently deleted after the alloted grace period.

Available within each bubble is the option to preserve your data for download up to 45 days after the bubble is deleted. After 45 days, this data will be permanently deleted.

This cannot be undone and we cannot be held responsible.

You understand and agree that if you neglect to select Yes to saving your data and maintaining a positive balance in your account, data loss may be a result.

If loss of data occurs due to an error of WP Bubble, we will attempt to recover the data at no charge to the client.

If data loss occurs due to negligence of a client in securing their account or by an action of the client, WP Bubble will attempt to recover the data from the most recent archive for a charge of PRIORITY SUPPORT.

Cancellation

Upon the destruction of an instance of the product, you are responsible for all incurred charges on any outstanding invoices that may have been generated by the usage of our service.

You understand that deletion of any instance may result in permanent data loss that cannot be recovered.

Credit Cards

Credit cards must remain up to date at all times or your plan will result in automatic cancellation.

Refunds

There are no refunds.

Once an instance of the product has been terminated, you will no longer be charged for usage of the service.

Acceptable Use Policy

We reserve the right to protect our servers at all costs. We will notify you of any illegal or otherwise prohibited activities if we find you in violation of our AUP.

Prohibited sites and items include, but are not limited to:

  • Unlawful contests: lotteries, gambling, casino, pyramid schemes, spamming, scraper sites, or unsolicited messages;
  • Storage, banner exchange, adult or pornographic photo and/or video galleries, spamdexing, or solely used to display text or banner advertisements;
  • Investment, cryptocurrency websites (other than for blogging), or websites with abusive scripts intended to strain or harm our servers;
  • Defame, abuse, harass, threaten, or otherwise violate the legal rights of others;
  • Depictions of any abuse or violence towards any living things;
  • Pornography including child, beastality, necrophilia, or other sexual acts that are deemed illegal nationally within the United States or internationally;
  • Materials which may advocate or hate, discrimination, or violence among others or other groups including, but not limited to gender, religion, race, age, or nation;
  • Materials which may be trademarked or copyrighted or otherwise protected by intellectual property laws, or the proprietary rights of any party including mirror or imitations without written consent;
  • Photo sharing & distribution;
  • Files containining malware or viruses;
  • Warez, pirated software, torrents, or other similar illegal activities;
  • Falsified websites which may proclaim to conduct a legal business or other misleading activities;
  • Mining software or other sites which may mine resources of another computer;
  • Collect emails without permission and use without conducting permissible business;
  • Network collection, proxy, porting, or scanning software;
  • Any materials deemed harmful to our servers or your visitors

If you feel there are any violations regarding any of the above sites from any of our clients, you may send an email or letter to:

NoteToServices LLC
P.O. BOX 90323
Albuquerque, New Mexico 87199
United States

SHUTDOWN NOTICE

wpbubble.com reserves the right at any time to serve a shutdown notice upon receipt of any notification of claimed infringement.

We make all efforts to comply with the DMCA and reserve the right to shut down your website at any time.

By using our service, you accept that you will operate in a legal manner and that any notice from DMCA or any outside parties give us the right to legally act on your behalf and suspend your website operations immediately until all illegal activities are ceased.

While your website may be suspended, your account is not, and you are expected to disable access to and/or remove any material on or from any site for any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.

Repeated offenses may result in a breach in our terms, which warrants your access to our website as restricted.

We take the DMCA and all copyrighted material notices very seriously.

Unlimited Use

We reserve the right to restrict the amount of bubbles you may start or bandwidth you may use.

CPU Usage and SSD Limitations

Depending on the plan you choose, you are allotted that amount of memory and gigabyte usage.

You understand that there are soft limitations on all instances and while we will never cut your usage off, overexceeding the limitations by 2x the allotted amount will result in automatic upgrades of your instance, resulting in additional credits that may be charged. If you need above the alloted amount on all plans, you may be asked to purchase additional SSD storage for your instance.

Scripts that may exceed 100 seconds or longer may fail to operate once the time limit has exceeded leading to 504 script timeouts or 404 errors.

Termination

Any abuse or misuse of the Service will lead to indefinite suspension of your account. We have a zero-tolerance policy for abusing or tampering with our web application software system which includes the manipulation or hacking of any part of the Service. If such occurs you shall be notified by our legal department.

Upon termination, your right to use the Service will cease immediately. A refund will not be granted for termination of the Service before the end of the billing cycle. Any future billing thereafter will no longer be applied to the Service. If you feel your account was wrongfully terminated, you may contact us to resolve the issue.

We reserve the right to ask you to leave our service at any time if we feel you are an unsuitable canadidate to which you must comply.

All provisions of the Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Abuse of Service

We have a very strict policy for abusing our Service which will result in immediate and indefinite suspension.

If we suspect abuse, we will investigate and notify you immediately.

We reserve the right to suspend your websites and your account at any time, without notice, should we find our service being abused.

Please report any abuse of our Service immediately.

Governing Law

These Terms shall be governed and construed in accordance with New Mexico law in the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement regarding the Service.

Indemnification

You agree to indemnify and hold harmless NoteToServices and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Changes

We reserve the right, at our discretion, to modify or replace these Terms at any time.

Privacy

Collection of Personal Information

When you register for the Service, we collect personally-identifiable information which includes your email address.

Use of Personal Information

We use your personal information to communicate with you. We may send transaction-related communications such as announcements, promotions, offers, etc. all pertaining to the Service. We may also send you surveys or marketing communications to inform you of new products or services or other information that may be of interest.

Sharing of Personal Information

We will not share personal information with any outside parties, but we may share information regarding usage of the Service.

Cookies

Upon accessing your Account, a cookie is set to remember your computer. If cookies are disabled, you will be unable to access the Service.

Credit Card

Information about your credit card is stored through our third-party PCI-compliant payment processors Stripe or Paypal.

We will never call, text, or email you asking for your credit card information.

Fraud

All cases of fraudulent activity will be reported to the proper authorities and the offending Account will result in termination.

IP Address

We collect and store IP addresses to prevent abuse of the Service upon login only.

Monitoring & Tracking Services

  • Heap Analytics: Heap automatically captures every customer touchpoint. No more tracking plans, tracking code, or tags. Get answers in seconds and make decisions faster. Terms and Privacy Policy.
  • Linkstant: used to track incoming links to wpbubble.com. Linkstant's Privacy Policy.
  • Quantcast: Get accurate breakouts of traffic, demographics and advanced data like interests, shopping habits, brand preferences and more. Terms and Privacy Policy.

Tracking data only applies to visitors of wpbubble.com and does not extend to subdomains.

Security

We take privacy and security very seriously to protect the Service and associated Accounts.

We take all reasonable steps to encrypt data and protect loss, misuse, unauthorized access, disclosure, alteration or destruction of information.

If you wish to learn more detailed information on Stripe's security policy, please read: https://stripe.com/docs/security

If you wish to learn more detailed information on Paypal's security policy, please read: https://www.paypal.com/re/webapps/mpp/paypal-safety-and-security.

Intellectual Property Rights

Your use of the Service does not entitle you to ownership of the Service or related documents within the Service. However, any website data belonging to you solely remains yours and we do not claim ownership over any data that was generated by you on WP Bubble.

Additional Information

If you have any questions about these Terms, please contact us.