Terms Of Service

These Terms of Service (the “Agreement”) set forth govern your relationship with the PressBard (pressbard.com, manage.pressbard.com) websites, and all the websites and services (the “Service”) operated or provided by PressBard (“us”, “we”, or “our”).

This Agreement explains our obligations to you and explains your obligations to us for the various services or products offered by PressBard.

Your access to and use of the Service is subject to your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or using the Service.

By accessing or using the Service you agree to be bound by these Terms. If you do not agree with any part of the Terms, you must not access the Service.

Terms of Agreement; Modification

You agree that PressBard may change this Agreement and the Services it offers to you from time to time. You agree to be bound by any changes PressBard may reasonably make to this Agreement when such changes are made. If you have purchased Services from PressBard, the terms and conditions of this Agreement shall continue in full force and effect if you take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to bear by and be bound by any such revisions or changes.

Terms of use of the Service

PressBard:

is a service that provides managed and unmanaged WordPress hosting. This service is designed to improve the performance of WordPress websites connected to various platforms, making it easier for members of the WordPress community to manage their online presence with minimal disruption.
provides you with some third-party software to you for easier management. The service operates in accordance with [Automattic.com](http://automattic.com/) [[https://automatic.com](https://automatic.com/)] use of cloud infrastructure.
may incorporate and provide services from other SaaS and infrastructure providers including, but not limited to; Google Cloud, Amazon Web Services, Linode, Digitalocean, Cloudflare, Hetzner into its offerings to provide new Services and/or packages and/or enhance the performance of your website, for backups of your websites and services and for anything else that your website or services may need or benefit from

PressBard is not responsible and make no representations about services related to any third-party services does not endorse and is not responsible for these third-party services.

Notwithstanding the above, if your site is using a package that is hosted at any cloud by Automattic or Automattic-owned infrastructure, you agree to:

Comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising.
Not publish or engage in:
- Not engage in defamation of any person
- Phishing or identity theft.
- Facilitation prostitution of sex trafficking.
- Child sexual abuse material (CSAM) or content that is harmful to minors.
- Promotion or facilitation of violence or terrorist activities.

Purchases And Payments

By using a paid Service or product that is provided by PressBard, you agree to pay the stated fees for the provisioning of the service and ongoing renewal fees for the duration that you keep using that Service.

If you purchase a product or service made available through the Service (“Purchase”), you may be asked to provide certain information relevant to your Purchase, including, without limitation, any type of payment, e-commerce transactions; and the information you provide to us is true, accurate and complete.

While all purchases are processed in US Dollars, PressBard may provide an estimated conversion price to currencies other than US Dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Prices may be altered by various factors, such as the Consumer Price Index, among others.

You represent and warrant that: (i) you have the right to use any payment method(s) in connection with any purchase; and (ii) the information you provide to us is true, accurate and complete; and (iii) by submitting such information, you grant us the right to provide the information to third parties for the purpose of facilitating the completion of purchases and the creation of a user account for the Service.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order or other reasons, and if your order is suspected from fraud or an unauthorized or illegal transaction.

PressBard may change any prices at its own discretion, you will be notified of the price changes prior to your recurring or one-time payment, and new rates will be applying to you in the next payment term for recurring fee defined Services or at the next purchase for one-time paid Services.

Renewals

PressBard may offer products and services that require one-time payments and recurring payments. The recurring products may provide subscription option when ordering. By purchasing any Service that requires a renewal and choosing the subscription option, you authorize us to charge your payment method for the renewal fees that the Services you use require. In the case that the product or service you purchased from us requires manual renewals instead of subscriptions, you are responsible with renewing your service by manually paying the invoice for the renewal term that will be sent to your email. You can also access your invoices via our billing system. You may cancel any subscription you have by canceling it at least 24 hours before the next renewal date of your subscription.

Communication

We provide email and a support ticket system as communication channels. We may also show you notifications in your website dashboard for important announcements or important things that relate to your services. We will use email as the main communication means for informing you about things related to the Services that you use and your account with us, including but not limited to; invoices, renewals, support staff responses to your support tickets, announcements that are relevant to your service, announcements that relate to PressBard services in general, legal, privacy information and terms of service updates.

You agree that you are responsible for ensuring that the primary email account you used when registering with PressBard and ordering Services from us, is able to receive emails from PressBard email addresses and that the relevant emails are whitelisted in your email account and your email provider is not preventing our emails from accessing you. You agree to indemnify PressBard from any repercussions of your inability to receive emails from PressBard email addresses.

If you have opted in to receive promotional/marketing emails from us, we may send you promotional emails from time to time. In case you opted out of receiving promotional/marketing emails from us and as a result you are unable to hear about any offering/promotion that may provide you discounts for your existing services or better services for the same pricing or better prices, you agree that you wont hold PressBard responsible for such opportunities that you have not heard of.

Availability, Bugs, and Inaccuracies

We are constantly updating our range of products and services on the Service. Products or services available on the Service may be incorrectly priced, inaccurately described, or unavailable, and we may experience delays in updating information on the Service.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to make changes or updates to the information and to correct any errors, inaccuracies, or omissions at any time without notice.

For all services used by you as the customer, including any form of usage-based billing for resources and services provided by Pressbard, you agree that PressBard’s usage records, pricing and billing as accurate and agree that you will pay the usage fees as billed to you by PressBard.

PressBard does not guarantee uninterrupted or error-free operation, also about the functionality or availability of third-party services. Users must ensure that their use of PressBard services complies with all applicable laws and regulations (as referred in the Agreement). PressBard is not responsible regarding the web hosting and SaaS providers, they are responsible for maintaining the security, functionality and availability of their services.

PressBard websites use JavaScript to comply with certain laws and regulations. The user is responsible with making sure that the user’s devices that are accessing PressBard websites are capable of running JavaScript and do not interfere with or hamper the website software that uses JavaScript.

Domain Names

PressBard provides domain name registrations, transfers, management and DNS services through enom.com. By registering a new domain name or transferring one to PressBard at PressBard via Enom, you agree to be bound by the Enom’s terms of service. By registering, transferring or managing any domain, you confirm that you have the rights to act on behalf of the domain owner, and you also agree to comply with the terms of service for that domain name extension, which is provided and maintained by the top-level domain issuer that controls that top-level domain. You also agree to comply with the terms of service of ICANN, the current controller of domain name system on the Internet.

By registering or transferring a domain, you agree that you will provide accurate information for the contact details that will be used for the domain registrant contact information, administrative contact information, billing contact information and technical contact information.

If you employ any third party to register your domain or manage your website, you agree that you are responsible for the relationship between you and that third party and you exonerate and indemnify and hold PressBard harmless from any dispute that may arise between you and that third party.

PressBard will attempt to renew any domain name that has been registered by you through the Service or transferred by you to the Service, provided that your account is in good standing without any overdue invoices and the payment for the renewal has been made and is valid. You agree to indemnify PressBard in case of failure to renew any domain name that is registered through the service or transferred to the service.

Backups

PressBard may back up your sites, accounts and data contained within them for operational purposes. You agree that PressBard may keep this data on a provider that PressBard chooses to use and you agree that PressBard may change this provider at any time at its own discretion.

PressBard may provide backup features and utilities for you to back up your sites and Services, but you agree to indemnify PressBard in case; such features are not provided for any/all packages, they don’t function as expected, any specific backup, any backup pertaining to a specific point in time, or data within any or all backups are lost for whatsoever reason.

You agree that you are responsible with taking the backups of the contents of your sites and Services through whatever feature that is provided within those services, including, but not limited to; the WordPress Exporter that allows you to export your WordPress post content inside the managed and unmanaged offerings, any backup plugin that you choose to use in your unmanaged WordPress hosting offerings, any backup feature that PressBard provides to you within your website and/or PressBard billing system and control panels.

You agree that managed Services may have paid/premium plugins and/or services and/or data that are not allowed to be exported out in a backup. You also agree that if your site or data is very large, PressBard may not choose to back it up or may choose to back it up with different methods or schedules.

Affiliate Programs and Affiliates

Any affiliate who partners with PressBard in any of its affiliate programs agree to accept PressBard’s statistics and financial reports regarding the performance of their affiliate accounts and the amount of commissions gained by them in any given period and they indemnify PressBard from any inaccuracies or mistakes in aforementioned statistics and reports.

Affiliates agree that they will not promote PressBard products and services in ways that are illegal or unethical, and they accept PressBard’s sole right to determine the acceptable usage policies for the affiliate programs. Affiliates agree that PressBard can change the acceptable usage policies of its affiliate programs at any point and they agree to PressBard terminating their accounts if they violate PressBard’s acceptable usage policies for its affiliate programs.

Support

PressBard will attempt its best to support and troubleshoot any issues encountered by its customers while using the provided paid services in a reasonable timeframe. PressBard cannot guarantee that these support requests may be resolved to your satisfaction or resolved in a time frame that is acceptable to you. You agree to use the provided support ticket system when communicating with us to report and troubleshoot issues. You also agree to cooperate with the support staff while they investigate and solve any issue reported by you.

PressBard sells and distributes plugins “as is” and with no implied meaning that he will function exactly as you would appreciate or like, or that it will be compatible with all third-party components and plugins.

All software is provided on an “as is” and as available basis. We do not warrant that any particular results will be obtained by using such software. While we strive to provide the best possible support for our products, we do not guarantee that any support request can (or will) be answered to the satisfaction of the requester, or within a timeframe that will satisfy the requester.

Intellectual Property

The Service and its original content, features and functionality are and shall remain the exclusive property of PressBard and its third-party licensors. The Service is protected by copyright, trademark and other laws of Spain, EU and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PressBard. You are prohibited from: (i) modifying, copying, reproduce, create derivative works from, or reverse engineer any part of the Service (ii) Use the Service’s trademarks, logos, or other propietary information without prior written consent from PressBard (iii) distribute, sublicense, or make the Service available to any third party without authorization.

Website owners are solely responsible for all content and activities that take place on their sites. This includes (without limitation) site security, site management, the privacy of their sites’ users’ information, their sites’ content accuracy and the compliance with all applicable laws.

Website owners acknowledge that they will use the provided tools to comply with the relevant privacy laws, including, but not limited to, the cookie banners and privacy pages. Website owners will add any analytics, ads or other first party and 3rd party scripts only to the corresponding sections in the cookie banner feature in a way that will allow the users to reject those scripts if they choose to do so.

Website owners acknowledge that purchasing any service or package at PressBard that provides them with ready-made website templates does not give them the rights to distribute image or visual content and design contained in those templates, including, but not limited to, images, visual design, text content, and they can use the provided content only with that specific website package they purchased from PressBard.

Minimum Age Requirements

Our Services are not intended for or directed to children. The minimum age to use our services is 16 years of age if you are in Europe, and 13 if you are elsewhere. By registering and using our services, you confirm that you are at least 16 years old if you are in Europe or 13 years old if you are elsewhere. If you fulfill the minimum age requirement but still are younger than 18 years of age, you will need parental consent to use our Services and your parent or legal guardian will have to agree to our legal agreement on your behalf.

The Responsibilities Of The Website Owners Who Operate Their Websites Through The Service

The website owners (“you”) who operate websites on the Service by using the provided managed and non-managed hosting packages, are entirely responsible with operating their websites. By using our services, you confirm that you will be responsible for, including but not limited to;

The content on your website and its legality
Managing the users who use your website and the legality of the activities of your users on your website
The products and/or services that you sell or provide through your website and the payments that you collect from your website users and all the legal responsibilities involved in selling or providing products and/or services and collecting payments
The storage and the protection of the data of the users who use your website and ensuring that they comply with the privacy regulations that are applicable to your website directly through the privacy laws of your local jurisdiction or through the privacy laws that PressBard and its partners are subject to
Drafting and maintaining an accurate and up-to-date terms of service and a privacy policy for your website
Obliging by the privacy-related requests of your users to exercise the rights that are given to them by the governing laws
Creating a privacy policy and keeping it up to date
Keeping your website and the software used on your site up-to-date and secure
Keeping your website and the services it provides secure, providing the necessary tools to your users to enable them to selectively accept, reject and manage cookies on your site
Adding to your cookie and privacy declaration any 3rd party cookies, trackers, information processors that your site uses and update the list as you add them to your site and remove them from your site
Explicitly declaring to your users the type of cookies that are used on your site, their purposes and who manages them
Any laws that cover any products or services that you provide or sell through your website
Anything that is not specifically listed in these terms, but is applicable to websites and their usage as practiced in the legal jurisdiction relevant to you and to PressBard, its partners and service providers
Complying with the terms of service of any software or service your managed or non-managed website uses, and the relationship between you and those providers, including, but not limited to; Paypal, Stripe and Patreon
The behavior on our Service of and your relationship with any third party which you may employ to order services, register or transfer domain names, manage DNSes, manage your website and/or its software, design and/or develop your website and/or any software used in your website, manage anything that relates to your website or any service it uses
The compatibility of the software and services that you use on your website with the services, hardware and software provided by PressBard
If applicable, making sure that your site operates from the geographical location that is required by your local laws, by choosing the correct location to host your website as provided by PressBard infrastructure and interfaces

Transfer

You agree that you can’t and wont transfer this agreement, or any of your rights or obligations under this agreement, without PressBard’s written consent. Any attempted transfer or assignment in violation of this clause will be null and void.

PressBard may transfer or assign this agreement, or any of its rights or obligations under this agreement, at any time without your consent, provided that such transfer or assignment does not materially affect your rights under this agreement.

Resource Usage

You agree that you will use the resources for the intended purposes and within the specified or reasonable limits. You agree to use website disk space, backups, and network traffic for website usage purposes only and not for general storage, file sharing or media hosting.

You agree to avoid excessive usage of any resource like disk space, disk inodes, network traffic, databases, database storage space, addon domains, parked domains, addon domains and any/all resources and features provided by Pressbard, and reduce the usage of such resources to within reasonable limits when requested by Pressbard. You agree that; Pressbard will determine what constitutes reasonable and excessive usage, that Pressbard can change both the reasonable and excessive usage definitions and individually specified resource usage limits at its discretion, that you will observe the updated limits and usage definitions when Pressbard changes them and informs you of the new limits. You agree that Pressbard can suspend or terminate any/all of your accounts in case of excessive usage determined by Pressbard and you agree to work with Pressbard when Pressbard contacts you to help mitigating excessive resource usage on your account.

Maintenance & Administration of Services and Infrastructure

You agree that Pressbard can take any actions necessary for the administration, maintenance and security of all services and infrastructure that you use and do any operation necessary on the infrastructure including, but not limited to; databases, DNSes, Edge Caching, CDN, web servers, PHP services, disk infrastructure and any other infrastructure. You agree that Pressbard may reset the password to your account or your website if it is necessary for aforementioned purposes.

Email Marketing and Mass Emails

You agree not to use standard and cloud hosting accounts for email marketing or sending mass emails. You agree that you will use email marketing & mass email sending services provided by Pressbard or other providers specifically for those purposes. You also agree that you will not send unsolicited emails through any Pressbard service.

Termination

This agreement will automatically renew at the start of each period during which services are received. If no such action is taken, this agreement will automatically renew and continue to be valid for the subsequent service period, including any changes that were made to the agreement by PressBard.

You agree that PressBard may terminate your account and services in the event of non-payment of outstanding invoices for the said services, including those services that require a subscription renewal or manual renewal to remain active.

We reserve the right to terminate or suspend your account and access to the Services at any time, without prior notice, if you breach these Terms and Conditions. Upon termination or suspension, you must immediately cease all use of the Services.

In case of such termination or suspension, you agree to stop using the service immediately. This action may be taken at our sole discretion and without prior notification if there is any breach of these terms and conditions.

Customers can end this agreement by giving 20 days prior notice to PressBard, by either written notification or via e-mail and by confirming that they are the rightful owner of their own account. PressBard will refund to you for any prepaid Service reaching beyond date of prior notice cancelation, notwithstanding the above, any form or setup, design fees or hardware purchased will not be refunded by PressBard.

We may terminate or suspend your account immediately, without notice or liability, for any reason, including, without limitation, if you breach the Terms.

In the case of termination, you agree that PressBard has the right to delete any data that was kept on the services that were canceled. In the case of account termination, you agree that PressBard has the right to delete both the data that was kept on your services and your account.

Refunds

Some of our paid Services may have a refund policy and we also provide refunds if required by law. Aside from that, you agree that all payments are final.

If you are in the EU (EU Customers), you can request a refund for the paid services you purchased within 14 days from the date of purchase without specifying a reason, with the exception of domain name registrations, transfers and renewals or any Service that are explicitly stated as non-refundable at the time of purchase. We will provide you with a refund within 14 days after receiving your refund request. In the case of a refund for a package that provides both hosting and other services and a domain name, you will get refunded for the services except the domain name. The domain name will stay under your ownership and control and you may transfer it to another provider or you may keep it with us if you choose to do so.

Refunds will be processed to the original payment method used at the time of purchase. The time it takes for the refund to be credited to you account may very depending on your bank or card issuer. If a refund is issued, PressBard reserves the right to cancel any related services immediately upon processing the refund.

Limitation of Liability

In no event shall PressBard, its affiliates, agents or suppliers be liable for any indirect, incidental, special, consequential or punitive damages, including, without limitation, damages for loss of profits, data, use, goodwill or other intangible losses, resulting from (i) your access to, use of or inability to use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained through the Service; or (iv) unauthorized access to, use or alteration of your transmissions or content, whether based on warranty, contract, tort or otherwise; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access to, use of, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been advised of the possibility of such damages, and even if a remedy set forth herein has failed of its essential purpose.

You agree to indemnify Pressbard, their owners, executives, employees, contractors and associates from any damages that you, your website, app, software or business may experience from any paid or free software work, infrastructure work, management work, administrative work, customization work and any other work performed for you separately or on your assets by Pressbard, their owners, executives, employees, contractors or associates at your request.

The foregoing limitations shall apply to the fullest extent permitted by law and shall survive any termination or expiration of these Terms of Service or Your use of PressBard or its Services offered.

As a consequence of any breach, you agree that you will pay any legal fees or costs arising from any legal proceedings that may arise, whether or not there is a final court decision.

Independent Contractor

You agree that PressBard and you are independent contractors and no clause in this agreement establishes any relationship in between you and PressBard including, but not limited to; principal, agent, partner, joint venture. You agree that neither party has the right to make contracts or enter agreements in the name of the other party or legally bind the other party in any manner.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

PressBard and its licensors do not warrant that: a) the service will be uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the service is free of viruses or other harmful components; or d) the results that may be obtained from the use of the service will meet your requirements.

PressBard do not accept any element of code, database, mail or user interface service as well as sites, that serve any racial discrimination ends, also explicit nudity, sites selling or serving explicit nude content are not accepted.

Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of laws provisions.

Our failure to exercise or enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision. If any provision of these terms and conditions is found by a court to be invalid or unenforceable, the other provisions of these terms and conditions shall remain in full force and effect. These Terms constitute the entire agreement between us with respect to the Service and supersede and replace any prior agreements between us with respect to the Service.

Force Majeure

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its reasonable control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labour strike; lockout; boycott; supplier failure, shortage, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any regulation over PressBard Services.

Changes

We reserve the right, at our sole discretion, to change, modify or replace these Terms at any time. If a revision is material, we will endeavour to provide at least 20 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.