WPMU DEV Terms of Service

WPMU DEV is owned and operated by Incsub, LLC.

The following terms and conditions (“Terms”) govern all use of the WPMU DEV website and all content, services, and products available at or through the website, including, but not limited to, WPMU DEV Hosting, 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, Incsub’s Privacy Policy) and procedures that may be published from time to time by Incsub (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 Incsub, acceptance is expressly limited to these Terms.

Use of our Services requires a WPMU DEV account. You agree to provide us with complete and accurate information when you register for an account.

Plugins

As a member, you are granted an inalienable right to own and continue to use all plugins and themes that you have downloaded from WPMU DEV, even after your free-trial or membership subscription is cancelled. Whether you are a current member or not, all plugins and themes will continue to function “as is” regardless of if your membership expires.

Updates are released often for compatibility, feature upgrades, and additions and are only available to customers who have an active membership with WPMU DEV. ‘Automatic Upgrades’ are available to customers who have the WPMU DEV Dashboard plugin installed and a current membership.

We are committed to doing our best to ensure that all of our products and services are compatible with the latest versions of WordPress within 24 hours of any release. We can give no guarantee that products will work with older versions of WordPress, though we will work to support backward compatibility whenever reasonably possible.

Hosting

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

• 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 lose access to your WPMU DEV account or cancel your membership, 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 account 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 24/7/365. 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 support 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.

Free hosted sites or sites that are paid for using promotional credit may be archived after 21 days of inactivity. Sites will be marked as 'active' automatically if one of the following occurs:

• The settings for the site has been visited at least once in the Hub in the past 21 days
• A custom domain has been added to the site and validated

We will send a warning email one week before archiving the site and again when the site is archived. A site can be restored and made active again within 30 days of being archived.

API Services

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, Integrated Video Tutorials, the Hub, Defender, WPMU DEV Dashboard Plugin, 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 WPMU DEV 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. You may only use your API key on sites that belong to you or those of your clients. You may not resell, share, or publish your API key.
• Violation of any of these terms may result in the immediate termination of API access and/or your WPMU DEV membership.
• 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.
• All of our plugins can be installed on any number of sites that you own or develop for a client. For automatic updates and in-dashboard support provided by our WPMU DEV Dashboard plugin, we do however have a soft API limit to help protect against fraud and abuse. You can contact us to request that your limit be increased. Current limits include 1,000 domains for our Dashboard and Video APIs and 20 domains for our Anti-Splog API.

Snapshot Backups

If you are using the Snapshot Pro backup service, the following applies:

• In addition to the unlimited 30-day rolling backups included with each WPMU DEV hosted site, members get 10GB of cloud storage that can be used to create and store 30-day rolling backups across all hub connected sites. 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.
• If you lose access to your WPMU DEV account or cancel your membership, you will not be able to access your backup data. We may not be able to recover backups or data more than fourteen (14) days after the account 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.

Prohibited Uses

When using WPMU DEV Services, you agree not to:

• violate any state, federal or foreign laws or regulations;
• 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;
• resell, share, or publish WPMU DEV credentials or access;
• make any WPMU DEV plugin available for public download in ways that violate the Terms of the GPL 2.0 license.

Payments & Subscriptions

WPMU DEV is a membership site and many of our Services require an active paid subscription - including WPMU DEV Memberships, Hosting, Managed Backups, and our CDN (“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, which you can do at any time on your account overview page or by contacting support.

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 authorize 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 you choose to cancel your subscription, your membership will remain active until the end of your current billing cycle.

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 subscription and revoke membership access 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.

We may run promotions where Hero Points can be exchanged for memberships, services, or items of value. We reserve the right to deny the use of Hero Points or terminate accounts if you commit fraud or abuse the Hero Points system in any way.

Refunds

If you are experiencing a technical issue, before requesting a refund, let our support team help resolve the issue by submitting your request here.

Refunds requested after the free trial period are issued at the discretion of our support staff. No refunds whatsoever will be given for scheduled subscription payments after 30 days, except in the rare case that it is due to billing errors on our end.

If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we will not provide a refund and we may revoke your access to our Services in general.

Refunds are available once per person or entity and will not apply if your account is in violation of these Terms.

Free Trials

Your membership may include a free trial. We require you to provide your payment details to start a free trial. You will not be charged until the end of your free trial period.

Free trials are regulated by a few simple rules outlined below:

• Only one free trial is allowed per person or business ever. Creating a duplicate account in order to get multiple free trials is forbidden.
• When you are on a free trial, you can’t directly download plugins or themes from WPMU DEV – you must install the WPMU DEV Dashboard plugin and install any plugins and themes you wish to use via the plugin.
• When your free trial has ended, we will automatically withdraw payment for the membership associated with your free trial. Payment will continue on a recurring monthly basis until such time you cancel.
• By providing your payment details in conjunction with the free trial registration, you agree to this charge. If you do not want this charge, you must cancel your membership before the end of your free trial. You will not receive a notice from us that your free trial period has ended.

You can cancel your free trial at any time here. If you cancel during your free trial, any updates, API services, and support will end immediately, however, you will be able to continue using all plugins and themes you’ve downloaded on as many sites as you like. Information on canceling a paid membership can be found in our Subscriptions section.

Support

We offer our Services ‘as is’, with no implied meaning that all Services will function exactly as you wish or with all 3rd party components and plugins.

Support is provided by Live Chat on the WPMU DEV site and in our Forums. Any issues that can’t be immediately or easily answered via Live Chat will result in the creation of a Forum ticket for ongoing follow-up and tracking.

We commit to having our support team available and staffed 24/7/365, and that average Live Chat wait times will be under 10 minutes. Resolution times of issues will depend on the complexity, support queue, and the availability of the appropriate staff member to address the issue.

We will do our utmost to support anything WordPress related, however, some requests may require complex or custom work which is beyond the scope of what we can reasonably provide. We reserve the right to determine which requests and levels of support that we can and can’t provide.

You may grant our support team access to your sites in order to troubleshoot and resolve problems. It is your responsibility to always obtain a backup of your site prior to requesting support or granting access to support staff. Further, you take full responsibility for lost content or any downtime as a result of support - both on staging and production sites. We strongly recommend that troubleshooting take place on staging environments first whenever possible.

In order to receive support for any Service, you must be using the most recent version of our products, WordPress, and any other theme or plugin utilized on your site. WPMU DEV makes no guarantees and cannot provide support to anyone using outdated or otherwise altered versions of our products. We offer no support via email or otherwise for installation, customization, or 3rd-party hosting administration of WordPress itself.

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 WPMU DEV of any unauthorized uses of its sites, its account, or any other breaches of security.

White Label and Reselling

Creating accounts on White Label Hub agree to their data being hosted by us.

Legal Notices

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).

Our Services are provided “as is.” Incsub 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 Incsub 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.

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 Alabama, 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 Birmingham, Alabama.

In no event will Incsub, 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 Incsub under this Agreement during the twelve (12) month period prior to the cause of action. Incsub 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.