Subject to the following S. Ihme Terms and Conditions (the “Terms”), S. Ihme (“I, Me, Us, We, Our”) provides this website, services, products and content (collectively, the “Site”) to you. Your access or use of the Site constitutes your agreement to all such terms, conditions, policies, rules, procedures and notices (collectively, the “Agreement”). If you do not agree, you may not access or use the Site, products or services. These Terms, and the Site, may be updated from time to time without notice to you.
Additional confirmation of these Terms is required to purchase a product or service from S. Ihme.
Description of Services
S. Ihme provides you with access to download and/or purchase a collection of resources, products and services through this website (the “Service”). Unless explicitly stated otherwise, any updates, new features or new products shall be subject to the Terms. You understand and agree that the Service is provided “AS-IS” and that S. Ihme assumes no responsibility for the timeliness, deletion, mis-delivery of its products or failure to store any user communications, subscription or user setting.
Web Hosting and Domain Management/Maintenance
S. Ihme provides Web Hosting, and/or Domain management and maintenance of new/existing products currently used by you. This may include but is not limited to the maintenance and transfer of websites, email accounts, databases, and domain names to and from different registrars. In the event that S. Ihme is required to maintain a domain name for you, you agree to pass all relevant contact, and login details required to complete tasks.
You have one limited, non-exclusive license option when purchasing WordPress Security. This license includes the use of two WordPress plugins, iThemes Security, and Backup Buddy. S Ihme will install and setup the plugins on your website.
Website backups are run every week for and once monthly for full site backups and once weekly for database backups. Theses backups are stored on an Amazon Inc AWS S3 storage platform and are bound by all the same terms and conditions applied by Amazon Inc.
Our WordPress Plugins are provided by iThemes LLC who own all copyright to the works and offer the single, non-exclusive license. All trademarks and service marks used in relation to WordPress Security Plugins remains the exclusive property of iThemes.
Our website support service is intended for entrepreneurs and small business that need support with managing and maintaining their hosting and website. Each subscription is uniquely designed for each
client, and entitles you to a different types of requests each month, and is outlined across our publications. When a request is made, our team will make an initial assessment as to whether the request falls within the remit of your subscription. If the request falls outside the scope of the subscription, then your consultant will notify you as such and provide an estimate of the costs for completing the work. We will not start work on the request until we have received your confirmation.
What Constitutes a Request
A request is considered to be a task that involves the general maintenance of a web hosting package – this includes; the management of email accounts, domain name management – file uploading, deleting or editing – app installation or updating. It does not include, anything that would contravene a European, US, or UK law, guideline or regulation. A request also involves any general maintenance, or
minor update to a website and CMS system (if applicable). Depending on the complexity of the task, we may at our discretion refuse to carry out such a request. Alternatively, we may provide you with
estimates for completing the request, or references to a third party who may be better suited to helping you with that request.
Unless otherwise stated in our consultation and agreement, all free hosting offers are limited to our standard ‘Sprout’ package.
Modification of Service
S. Ihme reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that S. Ihme shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
S. Ihme may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use S. Ihme properties after the notice is posted, you are indicating your acceptance of those changes.
Member Account, Password, and Security
If any of the Services requires you to open an account, you must complete the registration process by providing S. Ihme with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify S. Ihme immediately of any unauthorized use of your account or any other breach of security. S. Ihme will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by S. Ihme or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
You shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of S. Ihme, its Services and all charges related thereto.
In the event that you require S. Ihme to procure and/or maintain any equipment, both parties will agree in advance any budget for the procurement and maintenance of such equipment. You will make payment for any such provision in advance of work being commenced.
Material Provided to S. Ihme or used in any of its Web Properties
No compensation will be paid with respect to the use of your Submission, as provided herein. S. Ihme is under no obligation to post or use any Submission you may provide and S. Ihme may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent to own or otherwise control all of the rights to your Submission as described in these Terms of Service including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), You warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of yout use and as otherwise permitted by these Terms of Service and the Services, (b) You have the rights necessary to grant the licenses and sublicenses described in these Terms of Service, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Service, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, You are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Service, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
Sponsors, Third Parties, and Advertisers
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that S. Ihme shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.
S. Ihme may provide, or third parties may provide, links to other web sites or resources. Because S. Ihme has no control over such sites and resources, you acknowledge and agree that S. Ihme is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that S. Ihme shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Fees and Payments
We will charge you a standard monthly fee for using our services as well as additional fees depending on the type of service you have selected. You should review the complete and current price list before signing up for any services. The most current prices are available on our website. You will be given the opportunity to pay by credit card, payment provider, or by Bankers Automated Clearing Service (BACS) when you sign up. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month for which you discontinued service. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month’s advance notice of such change.
Certain services are offered via monthly or annual subscription. You will be notified of your subscription terms upon payment. You will then be charged accordingly each month or year. If a payment fails, we will retry again in 3 working days. If payment is unsuccessful on the second attempt, the subscription will be cancelled and the service in question will be cancelled.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. S. IHME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- IHME MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, PRODUCTS AND THE SERVERS ON WHICH THE WEB SITE, PRODUCTS AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM S. IHME OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY S. IHME OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
- INFORMATION, PRODUCTS AND/OR CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY S. IHME AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
Limitation of Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WITH REGARD TO THE CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE, IN NO EVENT SHALL S. IHME OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF S. IHME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS PARAGRAPH SHALL ALSO APPLY TO (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.
Intellectual Property Information
All materials on this site (”Online Materials”), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, blog posts, audio clips, themes, video clips, software, and other elements making up the Service are protected by copyrights, trademarks and other intellectual property rights owned and controlled by S. Ihme or by other 3rd parties. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, distributed, or resold in any way, or otherwise used for any purpose, without the prior written permission of S. Ihme or the respective owners. Unless otherwise specifically allowed by these Terms, you may not add, delete, distort, or otherwise modify the content or the products provided by this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is strictly prohibited.
S. Ihme and its respective logos, product names and service names are copyright of S. Ihme. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.
- NON-WAIVER: The failure of S. Ihme to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- INDEMNIFICATION: You agree to indemnify, defend and hold S. Ihme harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms of this Agreement.
- PRIVACY: You can read S. Ihme’s privacy statement here.
- RESTRICTIONS ON USE: You may not use S. Ihme site, content, products or services for any illegal purpose or in any manner inconsistent with these Terms. You agree to use your S. Ihme membership solely for your own use and purposes and not for resale or other transfer or disposition to any other person or entity.
- SEVERABILITY: If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
- CHOICE OF LAW AND FORUM: This Agreement will be governed by the laws of the United Kingdom of Great Britain and Northern Ireland. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the United Kingdom of Great Britain and Northern Ireland. and you agree to personal jurisdiction by the courts sitting in the United Kingdom of Great Britain and Northern Ireland.. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and agree to submit to binding arbitration.
- REFUSAL OR DISCONTINUANCE OF SERVICE: S. Ihme reserves the right to refuse, terminate, or restrict service to any user for any reason or no reason at all.
- HEADINGS FOR CONVENIENCE ONLY: The section titles in the Terms are for convenience only and have no legal or contractual effect.
- ENTIRE AGREEMENT: This Agreement and any other terms and conditions of service on any S. Ihme property constitute the entire agreement between you and S. Ihme and govern your use of the Service.