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log get a demo wordpress vip terms of service these wordpress vip terms of service tos and the order form in which they are referenced together the agreement shall govern customer s use of the services by executing an order form referencing the tos order form wpvip inc wpvip and customer agree to be bound by both the tos and the order form as used in the tos customer means the entity identified as such in the order form wpvip and customer agrees as follows order forms subject to the terms of the agreement wpvip will provide customer the services services described in the order form in the event of any conflict between the tos and any order form the tos shall control security customer is responsible for maintaining the confidentiality of the user names and passwords it uses to log into its wpvip accounts customer is fully responsible for all actions taken using its user names and passwords customer must immediately notify wpvip if customer becomes aware of any unauthorized uses of its accounts or any of its websites hosted by wpvip sites or any other breaches of security pertaining to its wpvip accounts or sites customer is responsible for taking precautions as necessary to protect its environment and systems from viruses worms trojan horses and other harmful or destructive content content as between customer and wpvip customer owns all content that appears on its sites or is otherwise submitted by customer to wpvip customer is fully responsible for all actions taken on its sites customer is also fully responsible for all material published or posted to the sites by either customer or any third party including all such text graphics audio files pictures video files and software content customer is fully responsible for any harm resulting from the content if customer elects the enhanced distribution setting of the vip hosting service customer grants wpvip a revocable non exclusive transferable sublicensable world wide royalty free license to use reproduce modify display distribute adapt and publish the content in the wordpress com reader restrictions customer shall not use the services in a manner that places an excessive burden on wpvip s network or systems or significantly exceeds the usage demands of similarly situated customers customer shall not perform any vulnerability or penetration testing of wpvip s network or systems including customer s vip hosted environment without wpvip s prior written approval customer shall not try to circumvent any security or authentication measures protecting the services proprietary rights feedback except for the limited express licenses granted pursuant to this agreement wpvip owns and retains all right title and interest including all intellectual property rights in and to the services including the parse ly code wpvip may use all comments and suggestions furnished by customer to wpvip with respect to the services customer assigns to wpvip all right title and interest including all intellectual property rights in and to such feedback parse ly services sections 6 through 9 apply only to the parse ly services for clarity the parse ly services are a part of the services parse ly definitions a analytics data means data collected by customer from the monitored domains and applications using the parse ly code and provided to wpvip to enable wpvip to provide the parse ly services b documentation means the parse ly user guides and support material made available by wpvip c monitored domains and applications means the domains and applications specified in an order form that are owned by customer and for which wpvip will provide the parse ly services d parse ly code means wpvip s proprietary tracking code that is installed on web pages of the monitored domains or installed into the software of the monitored applications for the purpose of collecting analytics data together with any related fixes updates and upgrades provided by wpvip e parse ly services means the parse ly analytics service provided by wpvip that aggregates organizes and generates reports derived from data collected from monitored domains and applications f reports means the reports regarding the monitored domains and applications prepared by wpvip and delivered to customer as part of the parse ly services 8 analytics data except for the rights provided pursuant to this agreement customer owns and retains all right title and interest in the analytics data customer hereby grants to wpvip a royalty free transferrable sub licensable and irrevocable worldwide license to use store aggregate reformat reproduce transfer display disclose modify and distribute the analytics data a during the term of this agreement for the purpose of providing and improving the parse ly services and b on a perpetual basis for the creation and distribution of reports and compilations of aggregated data and or statistics such as reports on internet trends provided however that wpvip will not publish customer specific statistics in any such reports or compilations but rather only aggregated trends rankings and or references to public internet content 9 parse ly code customer shall comply with all reasonable wpvip requests necessary for its operation of the parse ly services customer shall include the parse ly code on each page of the monitored domains integrate the parse ly code into the monitored applications and make the analytics data available to wpvip using one of the methods wpvip designates wpvip grants to customer during the term a limited non exclusive non transferable license to install copy and use the parse ly code solely in conformance with the documentation and solely as necessary to operate the parse ly services customer shall not nor will it permit anyone else to a adapt alter modify improve translate or create derivative works of the parse ly code or the parse ly services b attempt to access or download the technology used by wpvip to provide the parse ly services other than the parse ly code as provided by wpvip for customer to use the parse ly services or reverse engineer decompile disassemble or otherwise attempt to reconstruct or obtain the source code to all or any portion of the parse ly services c provide any third party access to the parse ly services or use the parse ly services on behalf of any third party including as part of a time sharing outsourcing or service bureau environment d remove any proprietary notices or labels in the reports or e use the parse ly services in any manner detrimental to wpvip including for the purpose of creating or improving any services or technology that perform functions similar to or are competitive with the parse ly services 10 customer warranties customer represents warrants and covenants that a its use of the services will be in accordance with this agreement the order form and all applicable laws and regulations b the content will not infringe upon or violate the rights including intellectual property rights of any third party c it has fully complied with any third party licenses relating to the content and if applicable has done all things necessary to successfully pass through to end users any required terms d the content does not contain or install any viruses worms malware trojan horses or other harmful or destructive content e it will not transmit any file to wpvip that contains viruses worms malware trojan horses or any destructive content f 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 boost the search engine rankings of third party sites commit further unlawful acts such as phishing or mislead recipients as to the source of the material such as spoofing g the content is not sexually explicit does not contain threats or incite violence towards individuals or entities and does not violate the privacy or publicity rights of any third party h it has not assigned keywords to its sites in a misleading or unlawful manner including in a manner intended to trade on the name or reputation of others it being understood that wpvip may change or remove any description or keyword that it considers inappropriate or unlawful or that may otherwise cause harm to wpvip and i none of customer s sites are directed to children under the age of 13 as defined by coppa without limiting any of the foregoing representations or warranties wpvip has the right though not the obligation to remove content from a site or suspend or terminate customer s use of the services to prevent harm to wpvip or its systems 11 customer privacy requirements customer will be solely responsible for complying with all applicable laws in connection with the collection use and sharing of personal information via its sites and the monitored domains and applications customer shall provide all notices and obtain all consents as required under applicable law in connection with the collection use and disclosure of personal information via its sites and the monitored domains and applications customer shall post a privacy policy that complies with applicable law on the sites and monitored domains and applications and comply with such privacy policy 12 copyright and dmca policy if wpvip receives a notification of copyright infringement pertaining to the sites under automattic s digital millennium copyright act dmca policy located at https automattic com dmca notice or otherwise wpvip will send such notification to customer dmca notification customer will be responsible for taking action with respect to each dmca notification within 48 hours by either a removing the allegedly infringing content or b determining that the content at issue is not infringing notifying wpvip of the same and taking sole responsibility for the continued publication of such content in which case customer shall be solely liable for any and all damages expenses and legal fees incurred by customer wpvip and or third parties as a result of such content 13 fees and payment as consideration for the services customer shall pay wpvip the fees set forth in the applicable order form wpvip shall invoice customer per the schedule set forth in the order form and all invoices shall be due and payable within thirty days of receipt of invoice all payments shall be made in us dollars any payments more than thirty days overdue will accrue interest until paid at a rate of 1 5 per month or if lower the maximum rate allowed by law wpvip reserves the right to suspend its provision of all or part of the services if customer fails to timely pay any undisputed amounts due to wpvip under this agreement until such amounts have been paid customer shall be responsible for all applicable taxes e g sales tax vat gst imposed by any governmental authority relating to the purchase of the services except for any taxes based on wpvip s income wpvip will issue service credits in the event it fails to meet the performance requirement set out in the vip cloud hosting service level agreement located at https wpvip com cloud hosting sla feb 2017 these service credits are customer s sole and exclusive remedy for wpvip s failure to meet the performance requirement 14 term and termination this agreement is effective on the effective date and shall continue in effect for so long as wpvip is providing customer with products or services under one or more order forms either party may terminate this agreement by written notice to the other party if the other party materially breaches this agreement or an order form and does not cure such breach within thirty days of receipt of written notice of such breach if wpvip fails to achieve a system availability of 98 5 for the vip cloud hosting service over two consecutive 30 day periods customer may immediately terminate this agreement on written notice to wpvip termination of this agreement shall also result in the termination of all order forms entered into under this agreement 15 wpvip warranties disclaimer wpvip represents and warrants that it will a perform the services in a timely professional and workmanlike manner and b comply with all applicable laws in connection with the performance of the services other than the warranties set forth in the previous sentence all services are provided as is and without warranty of any kind including without limitation any warranty of merchantability fitness for a particular purpose or non infringement all of which are hereby expressly disclaimed wpvip also does not warrant results freedom from bugs or uninterrupted use 16 indemnification a by customer customer agrees to indemnify defend and hold harmless wpvip and its affiliates contractors and licensors and its and their respective directors officers employees and agents from and against any and all claims and expenses including reasonable attorneys fees arising out of or related to i customer s use of the services ii customer s breach of this agreement or an order form and iii the content including for any actions it takes or fails to take with respect to a dmca notification b by wpvip wpvip agrees to indemnify defend and hold harmless customer its affiliates officers directors and employees from and against any and all third party claims and all amounts actually paid to unaffiliated third parties in connection with such claims including reasonable attorneys fees to the extent that the claim alleges that the services infringe or misappropriate any u s patent or copyright each an infringement claim in the event of any such infringement claim wpvip may at its option i obtain a license to permit customer to continue using the services ii modify or replace the relevant portion of the services with a non infringing alternative having substantially equivalent performance within a reasonable period of time or iii terminate this agreement by providing notice to customer and provide customer with a pro rata refund of any unearned fees prepaid by customer notwithstanding the foregoing wpvip will have no liability for any infringement claim to the extent that it results from or relates to 1 modifications to the services made by a party other than wpvip or its agents 2 the combination operation or use of the services with equipment devices data or software not provided by wpvip 3 customer s failure to use updated or modified versions of the services provided by wpvip to avoid a claim 4 wpvip s compliance with any specifications or requirements provided by customer 5 customer s use of the services other than in accordance with this agreement or 6 third party or open source software including the open source wordpress product available at http wordpress org the indemnification obligations set forth in this section are wpvip s sole and exclusive obligations and customer s sole and exclusive remedies with respect to claims that the services infringe or misappropriate any third party s intellectual property rights c indemnification procedure a party seeking indemni...