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Terms of Service:

The following terms and conditions (“Terms”) govern all use of the Portal.cloud website and all content, services, and products available at or through the website, including, but not limited to, Portal Cloud Services (“Cloud Server Service”), (taken together, our “Services”). 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, Portal’s Privacy Policy) and procedures that may be published from time to time by Portal (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades. If you reside in the United States or Brazil, your agreement is with Portal Cloud Services, Inc. (“Portal” or “we”).

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 of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Portal, 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 Portal.cloud 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. Portal.cloud.

Your Portal.cloud Account and Website. If you create a blog or website on Portal.cloud, 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 Portal of any unauthorized uses of your blog, your account, or any other breaches of security. Portal 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 Portal.cloud, post links on Portal.cloud, 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 Portal.cloud, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. By submitting Content to Portal for inclusion on your website, you grant Portal a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your blog. This license allows Portal to make publicly-posted content available to third parties selected by Portal (through the Portal Firehose, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other Portal.cloud users permission to share your Content on other Portal.cloud 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 (the reblogging function on Portal.cloud does this automatically!). If you delete Content, Portal will use reasonable efforts to remove it from Portal.cloud, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Portal has the right (though not the obligation) to, in Portal’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in Portal’s reasonable opinion, violates any Portal policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Portal.cloud to any individual or entity for any reason. Portal will have no obligation to provide a refund of any amounts previously paid. HTTPS. We offer free HTTPS on all Portal.cloud sites by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain on Portal.cloud, 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. Attribution. Portal reserves the right to display attribution text or links in your site footer or toolbar, attributing Portal.cloud 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 Portal.cloud Business or VIP. Friends of WP.com Themes. By activating a partner theme from the Friends of WP.com section of our themes directory, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating a partner theme. 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 Portal the monthly 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 a monthly or annual subscription period as indicated. More details are available in our refund policy. Automatic Renewal. Unless you notify Portal 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. Hosting/Support services are provided by Portal under the terms and conditions for each such service, which are located at vip.wordpress.com/hosting-tos and vip.wordpress.com/support-tos, respectively. By signing up for a services account, you agree to abide by such terms and conditions.

2. 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 Portal.cloud links, and that link to Portal.cloud. Portal does not have any control over those non-Portal.cloud websites, and is not responsible for their contents or their use. By linking to a non-Portal.cloud website, Portal 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. Portal disclaims any responsibility for any harm resulting from your use of non-Portal.cloud websites and webpages.

3. 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 Portal.

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. Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services. 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.

4. Copyright Infringement and DMCA Policy.

As Portal 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 Portal.cloud violates your copyright, you are encouraged to notify Portal in accordance with Portal’s Digital Millennium Copyright Act (“DMCA”) Policy. Portal will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Portal 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 Portal or others. In the case of such termination, Portal will have no obligation to provide a refund of any amounts previously paid to Portal.

5. Intellectual Property.

This Agreement does not transfer from Portal to you any Portal or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Portal. Portal, WordPress, Portal.cloud, the Portal.cloud logo, and all other trademarks, service marks, graphics and logos used in connection with Portal.cloud or our Services, are trademarks or registered trademarks of Portal or Portal’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 Portal or third-party trademarks.

6. Domain Names.

We act as a registrar and also work with third party registrars in order to provide our users with domain name services. When you register or renew a domain name on Portal.cloud, or when you transfer an existing domain name to Portal.cloud, you become bound by the relevant registrar’s terms and conditions, either the Portal Domain Name Registration Agreement, Tucows Domain Inc. Registration Agreement, or this Domain Name Registration Agreement, 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 table that outlines all of the TLDs we offer and the applicable registration agreement, 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”). You can read about your rights and responsibilities as a domain name registrant under ICANN’s Registrar Accreditation Agreement and about domain name registration generally.

For details about what happens during the domain expiration process, and how we may notify you of domain expiration, please see the Domain Expiration support page.

Please refer to the domain pricing and available TLDs page for details about fees associated with domain registrations, renewals, and redemptions.

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. 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.

Portal 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 Portal.cloud 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.

9. Disclaimer of Warranties.

Our Services are provided “as is.” Portal 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 Portal nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

10. 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 the state of California, 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 San Francisco County, California.

11. Limitation of Liability.

In no event will Portal, 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 Portal under this Agreement during the twelve (12) month period prior to the cause of action. Portal 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.

12. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the Portal 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.

13. 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 Portal reserves the right to terminate accounts or access of those in the event of a breach of this condition.

14. Indemnification.

You agree to indemnify and hold harmless Portal, 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.

15. 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.

l6. Miscellaneous.

This Agreement constitutes the entire agreement between Portal and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Portal, or by the posting by Portal 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; Portal 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.