Terms of Service

The gist:

We (the folks at KornDev) run a blog and website hosting platform called KornDev Hosting and would love for you to use it. KornDev Hosting service is designed to give you as much control and ownership over what goes on your website as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website.

We also have additional services and products designed to help business owners manage and support their website with ease.

Terms of Service:

The following terms and conditions (“Terms”) govern all use of the KornDev Hosting website and all content, services, and products available at or through the website (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, KornDev’s Privacy Policy) and procedures that may be published from time to time by KornDev (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades. Your agreement is with KornDev Corporation ( “KornDev” or “we”).

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 KornDev, acceptance is expressly limited to these Terms.

Our Services are not directed to anyone younger than 18, and access and use of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.

Use of our Services requires an account. You agree to provide us with complete and accurate information when you register for your account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

Hosting Account

Your Hosting Account and Website. If you create a blog or website on KornDev Hosting, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must immediately notify KornDev of any unauthorized uses of your website, your account, or any other breaches of security. KornDev 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 website, comment on a website, post material to a website hosted by KornDev Hosting, post links on a website hosted by KornDev Hosting, 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 KornDev Hosting, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. By submitting Content to KornDev for inclusion on your website, you grant KornDev 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 website. This license allows KornDev to make publicly-posted content available. If you delete Content, KornDev will use reasonable efforts to remove it from KornDev Hosting, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, KornDev has the right (though not the obligation) to, in KornDev’s sole discretion, (i) reclaim your username or website’s URL due to unpaid invoices, (ii) refuse or remove any content that, in KornDev’s reasonable opinion, violates any KornDev policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of KornDev Hosting to any individual or entity for any reason. KornDev will have no obligation to provide a refund of any amounts previously paid.

HTTPS. We offer free HTTPS on all KornDev Hosting sites by default, via Let’s Encrypt. By signing up and using a KornDev Hosting, 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.

Prohibited Uses. When using KornDev Hosting, you agree not to:

  • Publish material or engage in activity that is illegal under applicable law.
  • 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.

Payment, Renewal, and Refunds. KornDev Hosting offers different levels of service. By signing up for a particular level of service, you agree to pay KornDev the applicable subscription fees. Unless you notify us before the end of your subscription period that you no longer wish to utilize KornDev Hosting, your subscription will renew automatically. If we change pricing for a service to which you’re subscribed, we will notify you before your subscription is set to renew. You authorize us to charge any then-applicable fees to your credit card or other payment methods we have on file for you. We offer refunds up to thirty (30) days after payment. Payment failures will result in the cancellation of your KornDev Hosting plan.

Cancellation. If you cancel your subscription to KornDev Hosting, we will queue your backed-up Backup Content for deletion.

Security and Backups

Description. KornDev Hosting provides security and backup services for all hosted websites.

Content. KornDev Hosting will backup your WordPress content (e.g., your WordPress database, plugins, themes, and uploads) (“Backup Content”). You are fully responsible for your Backup Content. It is your responsibility to ensure that your website’s Content abides by applicable laws and by these Terms. We don’t actively review the Backup Content.

License. By using KornDev Hosting, you grant us access to your website’s servers for the purpose of backing up and securing your Backup 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 Backup Content, and compile aggregated/anonymized statistics for our internal use to optimize the performance of the Security and Backup service. You also grant us a worldwide, royalty-free, and non-exclusive license to copy and store your Backup Content, to the extent necessary to operate the Backup service. These Terms don’t give us any rights in your Backup Content, beyond those we need to operate KornDevHosting. You own your Backup Content.

Ecommerce

There are certain features offered via WooCommerce, WooCommerce Services, or other ecommerce plugins that enable you to sell items (goods, content, services, etc.) on your website (“Ecommerce Features”).

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 KornDev Hosting, you must not violate our User Guidelines or Store Guidelines.

Tax Calculations. 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. 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. 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 and mailing standards, among others. In addition, you are solely responsible for customs charges, import taxes or duties, or any other charges related to your shipments.

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.

Responsibility of Visitors

KornDev 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, KornDev 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. Automattic 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.

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 KornDev Hosting websites link, and that link to KornDev Hosting websites. KornDev does not have any control over those non-KornDev Hosting websites, and is not responsible for their contents or their use. By linking to a non-KornDev Hosting website, KornDev 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. Automattic disclaims any responsibility for any harm resulting from your use of non-KornDev Hosting websites and webpages.

Third Party Services

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 KornDev.
  • 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.
  • Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will be handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
  • 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.

Copyright Infringement and DMCA Policy

As KornDev 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 any KornDev Hosting site violates your copyright, you are encouraged to notify KornDev in accordance with KornDev’s Digital Millennium Copyright Act (“DMCA”) Policy. KornDev will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. KornDev 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 KornDev or others. In the case of such termination, KornDev will have no obligation to provide a refund of any amounts previously paid to KornDev.

Intellectual Property

This Agreement does not transfer from KornDev to you any KornDev or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with KornDev. KornDev, KornDev Hosting, the KornDev logo, and all other trademarks, service marks, graphics and logos used in connection with KornDev Hosting or our Services, are trademarks or registered trademarks of KornDev or KornDev’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 KornDev or third-party trademarks.

G Suite

If you use Google’s G Suite and we help support you with their services, this section applies. G Suite is provided by Google, and your use of G Suite is subject to Google’s Terms of Use for the services, which you’ll accept prior to using G Suite for the first time. KornDev makes no warranties about the services provided by Google, and disclaims Google’s liability for any damages arising from our support of their services. Google will provide additional technical support for its services, per its Technical Support Services Guidelines.

Changes

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 when 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.

Termination

KornDev 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 KornDev Hosting 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.

Disclaimer of Warranties

Our Services are provided “as is.” KornDev 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 Automattic 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. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

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 Oakland County, California.

Arbitration Agreement

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 Oakland, 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.

Limitation of Liability

In no event will KornDev, 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 KornDev under this Agreement during the twelve (12) month period prior to the cause of action. KornDev 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 our Services will be in strict accordance with the KornDev’s 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 our Services will not infringe or misappropriate the intellectual property rights of any third party.

US Economic Sanctions

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 KornDev reserves the right to terminate accounts or access of those in the event of a breach of this condition.

Indemnification

You agree to indemnify and hold harmless KornDev, 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.

Translation

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.

Miscellaneous

This Agreement constitutes the entire agreement between KornDev and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of KornDev, or by the posting by KornDev 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; KornDev 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.