We run a WordPress as a service selling platform called AlfaFox and we would love for you to use it. AlfaFox enables people to sell Ready-Made WordPress sites as a subscription service model with Managed WordPress hosting and get recurring revenue stream. 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, what you publish is your own responsibility. In particular, make sure that none of the prohibited items (like spam, viruses, threats of violence) appears on your website. If you find a website hosted on AlfaFox that you believe violates these Terms of Service please contact us via our support email [email protected]
Terms of Service:
1. Hosting Services.
Your AlfaFox Account and Website. If you create a product or website on AlfaFox, you are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must immediately notify AlfaFox of any unauthorized uses of your website, your account, or any other breaches of security. AlfaFox will not be liable for any acts or omissions by you, including any demages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate a website, comment on a blog, post material, links, 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 AlfaFox, you represent and warrant that your Content and conduct do not violate these Terms. This license allows AlfaFox to make publicly-posted content available to third parties selected by AlfaFox so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, AlfaFox will use reasonable efforts to remove it, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, AlfaFox has the right (though not the obligation) to, in AlfaFox’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in AlfaFox’s reasonable opinion, violates any AlfaFox policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of AlfaFox to any individual or entity for any reason. AlfaFox will have no obligation to provide a refund of any amounts previously paid. • Server Metrics. We use some third party softwares and services, to measure AlfaFox’s server’s usage. By hosting your site on AlfaFox, you agree to assign the traffic relating to your website to AlfaFox and authorize us to sign a Traffic Assignment Letter on your behalf for those third parties’ audience measurement reports. If we require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to accommodate such requests.
2. Payment, Renewal and Refunds.
General Terms. Subscription fees for our services (buying a Ready-Made WordPress site) are charged on a pre-pay basis starting after the trial period ends.
Additional Paid Services. Additional paid services such as plans, extra storage or domain purchases are available (“Upgrades”). By selecting an Upgrade you agree to pay AlfaFox the monthly or annual subscription fees indicated. Upgrades can be canceled any time.
Automatic Renewal. Unless you notify AlfaFox before the end of the subscription period, your subscription will be automatically renewed and you authorize us to charge you the then-applicable monthly or annual subscription fee from your registered card. These rules also apply to the Additional Paid Services (“Upgrades”).
Refunds. No refunds available.
3. Responsibility of Visitors.
AlfaFox 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, AlfaFox 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. AlfaFox 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.
4. 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 AlfaFox links, and that link to AlfaFox. AlfaFox does not have any control over those non-AlfaFox websites, and is not responsible for their contents or their use. By linking to a non-AlfaFox website, AlfaFox 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. AlfaFox disclaims any responsibility for any harm resulting from your use of non-AlfaFox websites and webpages.
5. Third Party Services.
You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site.
If you use any Third Party Services, you understand that:
Third Party Services are not vetted, endorsed, or controlled by AlfaFox.
Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
6. Copyright Infringement and DMCA Policy.
As AlfaFox 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 AlfaFox violates your copyright, please contact AlfaFox. AlfaFox will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. AlfaFox 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 AlfaFox or others. In the case of such termination, AlfaFox will have no obligation to provide a refund of any amounts previously paid to AlfaFox.
7. Intellectual Property.
This Agreement does not transfer from AlfaFox to you any AlfaFox or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with AlfaFox. Graphics and logos used in connection with AlfaFox or our Services, are trademarks or registered trademarks of AlfaFox or AlfaFox’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 AlfaFox or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one our blog or our social network pages, 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.
AlfaFox 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 AlfaFox 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.
10. Disclaimer of Warranties.
Our Services are provided “as is.” AlfaFox 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 AlfaFox 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.
11. Jurisdiction and Applicable Law.
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 Tokyo, Japan, 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 Tokyo.
12. Limitation of Liability.
In no event will AlfaFox, 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 AlfaFox under this Agreement during the twelve (12) month period prior to the cause of action. AlfaFox 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.
13. General Representation and Warranty.
You represent and warrant that your use of our Services:
Will be in strict accordance with this Agreement;
Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from Japan or the country in which you reside, privacy, and data protection); and
Will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless AlfaFox, 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.
These Terms of Service were originally written in English. 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.
This Agreement constitutes the entire agreement between AlfaFox and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of AlfaFox, or by the posting by AlfaFox of a revised version. 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; AlfaFox 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.
17. License of this document.
This document is based on Automattic Inc’s Terms and Services documentation licensed under “Creative Commons ShareAlike” (https://creativecommons.org/licenses/by-sa/4.0/). You can reuse the content of this document for any purpose but you must release new versions under the same license and please credit Automattic Inc. somewhere. Automattic is not connected with and does not sponsor or endorse AlfaFox or its use of the work.