Terms of Service

The gist:

We (the folks at WP Thunder) run a blog and website hosting platform called WPThunder.com and would love for you to use it. WPThunder.com’s basic service is free, and we offer paid upgrades for advanced features such as custom domains, extra storage, and special plugins. Our service is designed to give you as much control and ownership over what goes on your website as possible and  encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website.
If you find a WPThunder.com website that you believe violates these Terms of Service, please contact us.

Terms of Service:

The following terms and conditions govern all use of the WPThunder.com website and all content, services, and products available at or through the website. 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, WP Thunder’s Privacy Policy) and procedures that may be published from time to time by WP Thunder (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 and conditions
of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered
an offer by WP Thunder, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to 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.
Use of our Services requires a WPThunder.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. WPThunder.com.

  • Your WPThunder.com Account and Website. If you create a blog or website on WPThunder.com, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify WP Thunder of any unauthorized uses of your blog, your account, or any other breaches of security. WP Thunder will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
  • Responsibility of Contributors. If you operate a blog, comment on a blog, post material to WPThunder.com, post links on WPThunder.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using WPThunder.com, you represent and warrant that your Content and conduct do not violate these terms or the User Guidelines. By submitting Content to WP Thunder for inclusion on your website, you grant WP Thunder a world-wide, royalty-free, and nonexclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your blog. This license allows WP Thunder to make publicly-posted content available to third parties selected by WP Thunder so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other WPThunder.com users permission to share your Content on other WPThunder.com websites and add their own Content to it (aka to reblog your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your website. If you delete Content, WP Thunder will use reasonable efforts to remove it from WPThunder.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable.Without limiting any of those representations or warranties, WP Thunder has the right (though not the obligation) to, in WP Thunder’s sole discretion, (i) refuse or remove any content that, in WP Thunder’s reasonable opinion, violates any WP Thunder policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of WPThunder.com to any individual or entity for any reason. WP Thunder will have no obligation to provide a refund of any amounts previously paid.
  • HTTPS. We offer free HTTPS on all WPThunder.com sites by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain on WPThunder.com, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.
  • Advertisements. WP Thunder reserves the right to display advertisements on your blog unless you have subscribed to one of our Ad-free level sites.
  • Attribution. WP Thunder reserves the right to display attribution text or links in your site footer or toolbar, attributing WPThunder.com or the theme author, for example.
    The toolbar may not be altered or removed. Attribution text or links may only be hidden if you are subscribed to WPThunder.com Business level site.
  • Payment and Renewal.
    • General Terms. Optional paid services such as extra storage or domain purchases are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay WP Thunder the monthly, quarterly, or  annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for the subscription period as indicated. You can read about our refund policy here.
    • Automatic Renewal.
      Unless you notify WP Thunder before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you.  Upgrades can be canceled at any time in the Upgrades section of your website’s dashboard.

2. Responsibility of Visitors.

WP Thunder has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, WP Thunder does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and
conditions, stated or unstated. WP Thunder disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of
content there posted.

3. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which WPThunder.com links, and that link to WPThunder.com. WP Thunder does not have any control over those nonWPThunder.com websites, and is not responsible for their contents or their use. By linking to a non-WPThunder.com website, WP Thunder does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. WP Thunder disclaims any responsibility for any harm resulting from your use of non-WPThunder.com websites and webpages.

4. Copyright Infringement and DMCA Policy.

As WP Thunder asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by WPThunder.com violates your copyright, you are encouraged to notify WP Thunder in accordance with WP Thunder’s Digital Millennium Copyright Act (“DMCA”) Policy. WP Thunder will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. WP Thunder will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of WP Thunder or others. In the case of such termination, WP Thunder will have no obligation to provide a refund of any amounts previously paid to WP Thunder.

5. Intellectual Property.

This Agreement does not transfer from WP Thunder to you any WP Thunder or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with WP Thunder. WP Thunder, WordPress, WPThunder.com, the WPThunder.com logo, and all other trademarks, service marks, graphics and logos used in connection with WPThunder.com or our Services, are trademarks or registered trademarks of WP Thunder or WP Thunder’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any WP Thunder or third-party trademarks.

6. Domain Names.

We work with third party registrars in order to provide our users with domain name services. When you register a domain name on WPThunder.com, or when you renew or transfer an existing domain name on WPThunder.com, you become bound by the relevant registrar’s terms and conditions in addition to these Terms. Which registrar terms apply depends on
the TLD you choose, and in some cases, the date you register your domain, so please see this page to determine which agreement(s) apply to you. These registrar terms are incorporated by reference into these Terms.
Further, your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). A summary of your rights and responsibilities as a domain name registrant under ICANN’s 2009 Registrar Accreditation Agreement can be found here. You can learn more about domain name registration generally here.

7. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered or make changes to the features offered under a given plan.  Plans are not only subject to change, but may also be discontinued. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

8. Termination.

WP Thunder may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your WPThunder.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Violation of the User Guidelines may result in termination of an entire account without refund.

9. Disclaimer of Warranties.

Our Services are provided “as is.” WP Thunder 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 WP Thunder 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.

10. Limitation of Liability.

In no event will WP Thunder, 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 WP Thunder under this agreement during the subscription period (one, three or twelve months) prior to the cause of action. WP Thunder 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.

11. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the WP Thunder Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

12. US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and WP Thunder reserve the right to terminate accounts or access of those in the event of a breach of this condition.

16. Indemnification.

You agree to indemnify and hold harmless WP Thunder, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

17. Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

18. Miscellaneous.

This Agreement constitutes the entire agreement between WP Thunder and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of WP Thunder, or by the posting by WP Thunder of a revised version. 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 commonwealth of Kentucy, 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 Kentucky. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the
posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and
Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Kentucky, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; WP Thunder may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the
benefit of the parties, their successors and permitted assigns.

Change log:

These Terms of Service are adapted from WordPress.com and are released under a Creative Commons Sharealike license.