Terms & Conditions
The Terms and Conditions may be revised periodically and this will be reflected by the Last Updated date at the bottom of the Terms and Conditions. Please revisit this page to stay aware of any changes. Your continued use of the Services constitutes your agreement to the Terms and Conditions and any future revisions.
You must be 18 years and older to use the Services. By using the Services you hereby represent that you are at least 18 years old.
This website, including all text, HTML, scripts, and images are copyrighted, owned, and/or licensed by Michael Grace Publishing LLC. All rights reserved.
NO PART OF THIS WEBSITE MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, MECHANICAL, ELECTRONIC, OR OTHERWISE, INCLUDING PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY E-MAIL, OR USED IN ANY OTHER FASHION WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF THE WEBSITE OWNER.
Exclusions include the downloading and temporary caching of this website on an electronic device for the explicit purpose of viewing and interacting with this website, as well as any information clearly marked as shareable. This copyright notice applies to customers, clients, members and all visitors to this website.
For copyright concerns under the Digital Millennium Copyright Act (DMCA) please refer to our DMCA Notice.
Our Ability to Contact You
By using the Services and providing us with your email address you are allowing us to contact you in connection with the Services and in order to provide the Services to you. We make every effort to avoid sending unwanted email and we provide several mechanisms for you to request that we stop emailing you. Please use our contact form if you are still receiving emails from us and would like us to stop contacting you.
Limitations of Liability
We offer our educational content, news items, training and subscriber services as-is and do not guarantee that it is fit for any purpose. While we strive to maintain the highest quality in both our service and products, if the service causes loss of access to your website or damages your website or business in any way, the company and its members can not be held liable.
We reserve the right to modify the Services and prices of the Services offered at anytime on our Website. Any continued use of the Services after such changes have been made shall be deemed to constitute acceptance of such changes. We reserve the right to cancel your Services at any time. We also reserve the right to cancel your Services and terminate your Services immediately, without notice, in the event that you breach any provision of this Terms of Service or any other terms that apply to your Services.
Total Care Hosting Services
Main Reasons For Immediate, Non-Refundable Termination Of Your Total Care hosting service from the Company (MUST READ):
- Bulk email marketing from your website/s hosted with us
- Any use of 'nullified' (cracked) plugins - these usually contain destructive malware
- Placement of pirate or copyright breaching material on your website/s hosted with us
- Placement of pornographic, illegal and/or inappropriate material on your website/s hosted with us
- Placement of malware on your website/s hosted with us
- Placement of hate-oriented material on your website/s hosted with us
- Negligent security practices that continually expose your website/s hosted with us to hacking attacks (e.g. using 'admin' as a username and 'password' as a password for your WordPress admin logins)
- Excessive use of CPU resources (usually caused by poorly coded plugins or themes) – as determined by the Company
- Excessive DMCA requests
- Excessive use of MySQL resources (usually caused by poorly coded plugins or themes) – as determined by the Company
- Use of your website/s hosted with us for filesharing or bittorrent purposes
By purchasing any Total Care plan from the Company you agree to abide by the complete Terms of Service of the Company's end provider, WPX Hosting which are found here.
Basic, Standard and Priority Support
We provide support via email or via our ticket system to paid customers. We do not guarantee a specific response time although we do endeavour to respond within the guidelines mentioned in each level of support offered, however we don’t provide a service level agreement. In general we operate weekdays from Monday to Friday, 9am to 5pm Eastern time and your email or support ticket will usually receive a response within two working days but may take longer when we experience high load or during public holidays. Support is offered on a per-customer basis and not a per-license basis. This means that we limit the amount of support we provide per individual customer. Our support offered to paid customers is limited as described here. We reserve the right to decline further support or charge for additional support beyond the prescribed limits. We also reserve the right to immediately terminate service without a refund if a customer is insulting or abusive to our support team. We endeavor to provide you with excellent customer service and we have included this clause to protect our support team and to prevent one single customer from overloading our support system or abusing our services, thereby impacting the quality of support that other customers receive.
Refund and Cancellation Policy
You are billed immediately or at the end of a trial period if one is provided for all paid (non free) Services when you subscribe to them. All monthly hosting, support and maintenance services cannot be refunded. If you no longer wish to receive hosting, support and maintenance from the Company, you may cancel at any time and the Company will not bill you further for these specific Services. You will be supplied with a link to download your most recent website backup file(s) if you cancel your hosting with the Company within a reasonable period of time, usually 48 hours, but it could be longer in certain instances. Digital products are not refundable unless otherwise stated.
Website Template Swap Program
One year from your purchase date of any of our template packages, you are allowed to swap to any of our other template packages. Services included in the Plus and Pro level packages will only be performed once. This includes, but is not limited to, installation, consultation and customization services. If you have already received any associated services included with your original purchase, then any and all desired services, for example, installation, will require additional fees.
3rd Party Websites
Intellectual Property Rights
The content on the Services, except all User Content, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, audios, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All trademarks not owned by the Company or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its subsidiaries.
Content on the Services is provided to you AS IS for your information and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Services and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Services for any commercial purposes. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.
Website Information and Service
You agree not to collect or harvest any personally identifiable information from the Services, nor to use the communication systems provided by the Services for any spamming purposes. You agree not to collect or harvest, for commercial purposes, any users of the Services.
You agree not to use the Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. You agree not to violate any laws in your jurisdiction including but not limited to copyright laws when using the Services.
The Company makes no representations that the Services are appropriate or available for use in other locations outside of the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Sales tax is collected for residents of Florida, USA where applicable (see "Jurisdiction" above). You agree all transactions entered into with the Company are occurring in Florida, USA and hence you agree to pay any taxes due to your local jurisdiction and / or tax authority. This includes any value added taxes. You also recognize that the Company is governed by the laws of Sarasota, FL (city), the State of Florida (state) and the USA (country) and that no other laws from other bodies or jurisdictions will be recognized. By making a purchase from the Company you agree and acknowledge you understand that you are responsible for paying and reporting any taxes in your local jurisdiction on your purchases from the Company.
Disclaimer of Warranties.
You agree that use of the services, data, user content and/or content is entirely at your own risk. The services, data, user content and/or content is entirely at your own risk. The services, data user content and content are provided on an “as-is” and “as available” basis, without warranty or condition of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by the law, the company explicitly disclaims any warranties or merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement of proprietary rights. The company makes no warranty that the services, data, user content and content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The company makes no warranty regarding the timelines, accuracy, performance, quality, truth, completeness or reliability of the services, data, user content and content. The company disclaims any warranties for other services or goods received through or advertised on the services, data, user content and content, or accessed through any links on the services. To the fullest extent permitted by the law, the company disclaims any warranties for viruses or other harmful components in connection with the services, data, user content or content. No advice or information, whether oral or written, obtained through the company or through the services, data, user content and/or content, will create any warranty not expressly made herein.
Limitation of Liability
In no event shall the company, its members, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of the services, data, user content or content, (II) personal injury or property damage, of any nature, whatsoever, resulting from your access to and use of the services, (III) any unauthorized access to or use of the secure servers and/or any and all personal information stored, therein, (IV) any interruption or cessation of transmission to or from the services, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the services by any third party, and/or (VI) any errors or omissions in services, data user content or content or for any loss or damage of any kind incurred as a result of your use of any services, data, user content, or content posted, emailed, transmitted, or otherwise made available via the services, whether based on the warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The forgoing limitation of liability shall apply to the fullest extent permitted by the law in the applicable jurisdiction. You specifically acknowledge that the company shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party that the risk of harm or damage from the forgoing rests entirely with you. The company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any linked website or featured in any banner or other advertising, and the company will not be party to or in any way be responsible for monitoring any transaction between you and the third-party providers of products or services.
Updated: November 2018