This website is operated by WPfog. Throughout the site, the terms “we”, “us” , “https://wpfog.com” and “our” refer to WPfog. WPfog offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to us that you have the authority to bind that organization to these Terms (in which event, “you” and “your” will refer to that organization).

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Please note that WPfog doesn’t provide warranties for the Services. This contract also limits our liability to you.

Description of Service

WPfog is a SaaS server manager for PHP servers. WPfog manages your servers by provisioning your server with the best tweaks and settings available. Servers which clients connect to WPfog is under the provider terms of use. WPfog will not be responsible if the server has been took down due to the violation of term of use by the provider.

Server Security

Subscriber is solely responsible for maintaining the security of Subscriber’s servers that are created via the WPfog service. WPfog shall have no liability for any security breaches or data breaches of Subscriber’s servers, even if those servers were initially created and provisioned by WPfog. WPfog does not guarantee the security of any of Subscriber’s servers, even if those servers were initially created and provisioned by WPfog. We have follow a good security measures to manage servers. If your server needs manual intervention from us, we will always asking you for permission for us to access and we will never going in inside your server without your permission.

Backup

Subscriber is solely responsible for the preservation of Subscriber’s data which Subscriber saves onto its server (the “Data”). WPfog shall have no liability for any Data that may be lost.

Fees for Services

You agree to pay to WPfog any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page and fees paid by you are non-refundable.

Subscriptions

WPfog service are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are monthly and your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your billing page. You may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.

If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle. However, if you changed your mind and decided to subscribe back to our service while the subscription period does not end yet, you will not be charged again until end of your billing cycle.

 

Price Changes

WPfog may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. WPfog will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

SUSPENSION AND TERMINATION OF USE OF THE SERVICE

WPfog may terminate your Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to you. WPfog may terminate your Subscription for any reason by providing at least 90 days’ written notice to you.

WPfog may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Data from that Service.

NO WARRANTY

WPFOG PROVIDES THE SERVICE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WPFOG MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Limitation Of Liability

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF WPFOG HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WPFOG WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST WPFOG ARISING OUT OF SUBSCRIBER’S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF WPFOG’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.

Changes and Updates

WPfog may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the Wpfog website.

If an amendment is material, as determined in Wpfog sole discretion, Wpfog will notify you by email. Notice of amendments may also be posted to Wpfog blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Wpfog to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.

Wpfog constantly changes and improves the Services. Wpfog may add, alter, or remove functionality from a Service at any time without prior notice. Wpfog may also limit, suspend, or discontinue a Service at its discretion. If Wpfog discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to prepare and export a copy of your Data from that Service. Wpfog may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.

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