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Website Plan Terms of Service

TOWN PRESS MEDIA Website Plan Terms of Service
Updated 10/06/2020

The following are the terms of use of the Town Press Media website and service. You can also view our Privacy Policy to learn about our practices towards handling any personal information that you may provide to us.

Before using Town Press Media services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE Town Press Media (“SERVICES”). BY USING THE Town Press Media SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT Town Press Media ROLE DISCRETION. IF YOU DO NOT AGREE AND ABIDE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

ACCEPTANCE OF TERMS

The web pages available at Town Press Media.com and all associated pages (“Site”), are owned and operated by Town Press Media (“Town Press Media”) and is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

Description Of Membership service

The Site is an internet service that offers managed website solutions to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content Town Press Media makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.

Your access to and use of the Site may be interrupted from time to time, as a result of an equipment malfunction, upgrade, maintenance or repair of the Site or otherwise, within or outside the control of Town Press Media. Town Press Media has the right to change, suspend or discontinue the availability of the Site and/or Services and/or remove any content at any time in its sole discretion without notice.

Your website stays online as long as you keep your service plan in good standing with us.

REGISTRATION

As a condition to using Services, you are required to open an account with Town Press Media will create a unique password and username to your website. 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise not appropriate and/or offensive.

Please do not reveal your Account information to anyone else. You are responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you must agree to immediately notify Town Press Media of any security breach of your Account. Town Press Media shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Town Press Media account.

Services are available only to legal entities and to individuals who are at least 18 years old.

The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the Town Press Media Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.

PAYMENT

All Town Press Media Plans are monthly subscriptions that automatically bill and charge your provided credit or debit card every 30 days once a form of payment has been saved – until a cancellation request is submitted.

You agree that you will pay for the Services, and that Town Press Media may charge your selected payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account.

Prices for the Services may change at any time at Town Press Media ’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge Town Press Media , its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless Town Press Media , its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or Town Press Media Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.

LIMITATION OF LIABILITY

In no event shall Town Press Media be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.

Town Press Media , AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY TOWN PRESS MEDIA OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

INTELLECTUAL PROPERTY

Town Press Media graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of Town Press Media . Town Press Media ’s intellectual property may not be used in connection with any product or service without the prior written consent of Town Press Media .

SUPPORT REQUESTS & REASONABLE USE

Depending on plan, support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please email support@townpressmedia.com

Each request is subject to a maximum of one hour of development. The effort required for development is exclusively determined by the Town Press Media management. For work outside of the scope of the Town Press Media 1 hour development agreement, Town Press Media management may provide at its discretion break the work up into one hour blocks spread out over several business days.

Town Press Media provides support during regular business hours, but provides no guarantee either expressed or implied on the timeframe of when a support request can or will be resolved.

Your requests are subject to approval by Town Press Media management or by its assigned agent.

NATURE OF REQUESTS

Requests should fall within the following categories:

  • HTML, CSS, Javascript changes – code must be provided
  • WordPress advise and support
  • Theme/plugin audits
  • Theme/ Plugin installation and implementation
  • Troubleshooting and General Support

If you are unsure about whether or not a request meets these criteria, submit it as a ticket to our support system and we will either accept the ticket or deny the ticket based on managerial approval.

Examples of requests which shall not meet Town Press Media management approval for support:

Custom plugin, theme development, back-end custom coding

Any fix deemed by Town Press Media management to exceed one hour of WordPress Expert’s work unless approved of as a project that would be done over several business days by Town Press Media will be rejected.

MIGRATION AND DOMAIN TRANSFER REQUESTS

When you need a current WordPress website migration to this platform, please open a service request.  Requests can take up to 5 days to complete depending on volume.
For Domain Management requests, you will need to ensure you unlock your current domain and provide a transfer code from your domain provider for us to handle that transfer onto our platform. Domain Transfers once initiated usually take around 7 days.  During this time, the website will continue to function.  Once it transfers, there may be a short time where the website will not work – please ensure this is normal while we handle the transfer process.   For a mission-critical website – we recommend starting this process on the weekend to ensure a smooth transition 7 days later.

WEBSITE CREATION AND SETUP

Initially, from your order date, new domain included, it will usually take 24 hours to get your website online – excluding weekends.

SUPPORT HOURS

Our support chat is available via chat 8-5 M/F.  With mission-critical emergency support during the weekend.

THIRD-PARTY MATERIALS

Certain services available may include materials from third parties. If Town Press Media provides links to third-party materials as a convenience to you, you agree that Town Press Media is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability and / or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree not to use any third-party materials in a manner that would infringe or violate the rights of any other party and that Town Press Media is not in any way responsible for any such use by you.

UNLIMITED AND REASONABLE USE

The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by Town Press Media management, at its sole and exclusive discretion. Customers deemed to be abusing the Town Press Media service or team will be contacted by the Town Press Media management. Town Press Media management retains the sole and absolute discretion to suspend service to you if Town Press Media management deems it necessary.

TERMINATION & CANCELLATION

All Town Press Media Plans are monthly subscriptions that automatically charge your provided credit or debit card every 30 days until a cancellation request is submitted.

You may cancel the Town Press Media membership service anytime by opening a ticket.   

Unless you transfer the website off our hosting, you will be charged the market cost for premium website hosting, along with any premium domain renewals going forward.  We can optionally provide a transfer code for your domain and you can optionally move your website to your own web hosting.

Town Press Media may terminate or suspend any and all Services and/or your Town Press Media account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to cancel your Town Press Media account, you must contact us with your cancellation request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You can contact us through the contact page or by the provided email address to issue a termination request.

The website files and content will be kept online for a maximum of 30 days, where it will be archived and removed from the server.  A restoration fee of no less than $500 will apply to restore the website or provide a downloadable archive of the files itself.

CHANGE

Town Press Media reserves the right, at its sole discretion, to change or remove or replace or add to the terms at any time. If the alterations constitute a material change to the terms, Town Press Media will notify you by posting an announcement on the website. What constitutes a material change will be determined at Town Press Media’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

MISCELLANEOUS

No partnership, agency, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Town Press Media in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Town Press Media shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Town Press Media’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Town Press Media may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within California between two residents thereof, the parties submit to the exclusive jurisdiction of California courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.