Last Updated on 2/25/2017 – Removed duplicate wording around subscription auto-renewal and updated account access clause to make it more clear for yearly customers who cancel before the end of their subscription term.
The following terms and conditions govern all use of the BlogPress website (theblogpress.com) and all content, services and products available at or through the website, including, but not limited to, the BlogPress hosting and domain name services (“BlogPress”), (taken together, the Website).
Please read this Agreement carefully before accessing or using the Website.
The Website is owned and operated by Dan & Jennifer Media, Inc. The Website is 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 BlogPress Privacy Policy) and procedures that may be published from time to time on the Website by BlogPress (collectively, the “Agreement”).
By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any BlogPress services. If these terms and conditions are considered an offer by BlogPress, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Blog Hosting and Training Services
By selecting the BlogPress blog hosting and training service you agree to pay BlogPress the monthly or annual subscription fees indicated for that service (the payment terms for BlogPress hosting and training service are described below).
14-Day Risk-Free Trial
BlogPress offers a 14-day risk-free trial for new customers only. Each customer is limited to a single trial. Subscription renewals or future sign-ups are not eligible for additional trial periods.
Refund Policy
At any time during the trial period, you may cancel your account and request a full refund.
Refund requests are not assumed. Contact Support to request a full refund within the 14-day risk-free trial period.
If you do not cancel your service before the expiration of the trial period, then, upon the expiration of the trial period, you will no longer be eligible for a refund of any fees paid in advance to BlogPress.
Fees and Payment
By signing up for a BlogPress account you agree to pay BlogPress any setup fees and monthly or yearly hosting fees indicated at http://theblogpress.com in exchange for the services listed at http://theblogpress.com. Applicable fees will be based on the service plan selected and will be invoiced starting from the day BlogPress Services are established (or at the end of any free trial period).
ALL FEES ARE PAYABLE IN ADVANCE AND ARE NON-REFUNDABLE OUTSIDE OF THE TRIAL PERIOD
You may be required to provide BlogPress with billing and account information for a credit, debit card, or other method of payment (“Payment Source”) for which you are authorized to approve charges to allow BlogPress to collect payment from you for your use of the BlogPress Service. You must provide BlogPress with true, accurate, current and complete Billing Information and maintain and promptly update your Billing Information to keep it true, accurate, current and complete.
BlogPress reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.
Subscription Auto-Renewal
You authorize BlogPress to automatically and immediately bill your Payment Source when charges for your BlogPress Services are due, without any further action on your part or other prior notice on the part of BlogPress.
You agree that until you cancel your subscription by following the Cancellation Process below, your Payment Source will be billed on an automatically recurring basis.
You assume full responsibility for such charges, even if such charges are declined or not paid by your Payment Source.
Cancellation Process
Contact Support support to cancel your account.
All payments made to BlogPress after the trial period and prior to cancellation are non-refundable.
Upon cancellation, your account will be deactivated immediately and you will no longer have access to your blog or any of its content.
Yearly customers may request full access to their account until the end of their pre-paid subscription term.
Non-Payment
If your Payment Source is invalid, or if charges billed to your Payment Source are declined or not paid or if you fail to pay for your BlogPress Service when due, your account may be suspended at BlogPress’s discretion.
If your account is suspended, BlogPress may, but is not obligated to, maintain your account and/or related content and information, in order to allow you update your Payment Source and restore your account. If the account is not brought current within 90 days, your account and all content may be permanently deleted.
Your BlogPress Account and Blog
If you create a blog on the Website, 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 not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and BlogPress may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause BlogPress liability. You must immediately notify BlogPress of any unauthorized uses of your blog, your account or any other breaches of security. BlogPress 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.
Earnings Disclaimer
While we are here to help you at every step of your blogging journey, we cannot make any guarantees about your success as a blogger or the amount of money you will make from blogging. Any examples in our content, including our sales pages and marketing campaigns, are not to be interpreted as a promise or guarantee of earnings. Your earning potential as a blogger is entirely dependent upon you and your efforts to become successful.
Responsibility of Contributors
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by BlogPress or otherwise.
Without limiting any of those representations or warranties, BlogPress has the right (though not the obligation) to, in BlogPress’s sole discretion (i) refuse or remove any content that, in BlogPress’s reasonable opinion, violates any BlogPress policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in BlogPress’s sole discretion. BlogPress will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors
BlogPress has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, BlogPress 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. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website 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. BlogPress disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Website links, and that link to the Website. BlogPress does not have any control over those non-BlogPress websites and webpages, and is not responsible for their contents or their use. By linking to a non-BlogPress website or webpage, BlogPress does not represent or imply that it endorses such website or webpage. 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. BlogPress disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.
Copyright Infringement and DMCA Policy
As BlogPress 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 theblogpress.com violates your copyright, you are encouraged to notify BlogPress in accordance with the Digital Millennium Copyright Act (“DMCA”). BlogPress will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of BlogPress or others, BlogPress may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, BlogPress will have no obligation to provide a refund of any amounts previously paid to BlogPress.
Intellectual Property
This Agreement does not transfer from BlogPress to you any BlogPress or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BlogPress. BlogPress, theblogpress.com, the theblogpress.com logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of BlogPress or BlogPress’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any BlogPress or third-party trademarks.
Changes
BlogPress reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. BlogPress may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
If you have a BlogPress Services account, such account can only be terminated by BlogPress if you materially breach this Agreement and fail to cure such breach within thirty (30) days from BlogPress’s notice to you thereof; provided that, BlogPress can terminate the Website immediately as part of a general shut down of our service. 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.
Disclaimer of Warranties
The Website is provided “as is”. BlogPress 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 BlogPress nor its suppliers and licensors, makes any warranty that the Website 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, the Website at your own discretion and risk.
Limitation of Liability
In no event will BlogPress, 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 or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the pro-rated fees paid by you to BlogPress under this agreement during the month prior to the cause of action. BlogPress 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.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the BlogPress Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless BlogPress, 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 the Website, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between BlogPress and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of BlogPress, or by the posting by BlogPress of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, 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 Denton County, Texas. 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 Frisco, Texas, 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. 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; BlogPress 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.
