Terms of Service
BPILGRIM | freelancer (“BPILGRIM”, “I”, “me” or “my”) runs a website hosting platform called phormitus.com and offers paid services and features such as sub-domain hosting and storage. My service is designed to give you as much control and ownership over what goes on your website as possible and I 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.
Terms of Service:
Please read this Agreement carefully before accessing or using my Services. By accessing or using any part of my 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 my Services. If these Terms are considered an offer by BPILGRIM, acceptance is expressly limited to these Terms.
My Services are not directed to children younger than 13, and access and use of my 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 my Services. Any person who registers as a user or provides their personal information to my Services represents that they are 13 years of age or older.
Use of my Services requires an account at your assigned sub-domain’s site. You agree to provide me with complete and accurate information when you create 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. Subdomains at phormitus.com.
- Your Sub-Domain Website. I, BPILGRIM am responsible for maintaining the SSL Security certificate that covers phormitus.com and all of it’s sub-domains. You are responsible for maintaining any additional security of your account sub-domain, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must immediately notify BPILGRIM of any unauthorized uses of your site, your account, or any other breaches of security. BPILGRIM 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 site, comment, post material, post 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 your assigned sub-domain, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. By submitting Content to BPILGRIM for inclusion on your website, you grant BPILGRIM a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing your site. Without limiting any of those representations or warranties, BPILGRIM has the right (though not the obligation) to, in BPILGRIM’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity or failure to make payment for services, (ii) refuse or remove any content that, in BPILGRIM’s reasonable opinion, violates any BPILGRIM policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of your assigned sub-domain to any individual or entity for any reason. BPILGRIM will have no obligation to provide a refund of any amounts previously paid.
- HTTPS. HTTPS is provided on all phormitus.com subdomains by default, provided by Let’s Encrypt. By signing up and using a sub-domain on phormitus.com, you authorize me to request the necessary certificates and regularly maintain the security certificate for the sole purpose of providing HTTPS on your site.
- WordPress Themes. By activating any theme, you agree to the owner/author’s terms of service.
- Payment and Renewal.
- General Terms. You agree to pay BPILGRIM 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 my refund policy.
- Automatic Renewal. If you opted into automatic payments/renewal, unless you notify BPILGRIM before the end of the applicable subscription period that you want to cancel any service(s), your subscription will automatically renew and you authorize me to collect the then-applicable annual or monthly subscription fee for such services using any credit card or other payment mechanism you authorized when enabling automatic payments. Requests to cancel services can be made any time and is effective the first of the month following notice to cancel.
2. Prohibited Use
When using your sub-domain, you agree not to:
- Publish material or engage in activity that is illegal under applicable law.
- Use your sub-domain in any way that overburdens BPILGRIM’s systems, infrastructure or other sub-domains, as determined by me in my sole discretion.
- Send spam or bulk unsolicited messages.
- Interfere with, disrupt, or attack any service or network.
- Distribute material that is or enables malware, spyware, adware, or other malicious code.
3. Responsibility of Visitors.
BPILGRIM has not reviewed, and cannot review, all of the material, including computer software, posted to my Services, and cannot therefore be responsible for that material’s content, use or effects. By operating my Services, BPILGRIM 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. My Services may contain or provide access to content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. my 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. BPILGRIM disclaims any responsibility for any harm resulting from the use by visitors of my Services, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites.
I have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which phormitus.com links, and that link to phormitus.com. BPILGRIM does not have any control over those non phormitus.com websites, and is not responsible for their contents or their use. By linking to a non-phormitus.com website, BPILGRIM 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. BPILGRIM disclaims any responsibility for any harm resulting from your use of non phormitus.com 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 BPILGRIM.
- Any use of a Third-Party Service is at your own risk, and BPILGRIM 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 I 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, I may at my discretion, suspend, disable, or remove Third Party Services from your account or website.
6. Intellectual Property.
This Agreement does not transfer from BPILGRIM to you any BPILGRIM or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with BPILGRIM. BPILGRIM, phormitus.com, and all other trademarks, service marks, graphics and logos used in connection with my Services, are trademarks or registered trademarks of BPILGRIM or BPILGRIM licensors. Other trademarks, service marks, graphics and logos used in connection with my Services may be the trademarks of other third parties. Your use of my Services grants you no right or license to reproduce or otherwise use any BPILGRIM or third-party trademarks.
7. phormitus.com Sub-Domain Names.
BPILGRIM remains the owner of phormitus.com and any/all subdomains of phormitus.com before services begin, during active services, and following cancellation of services. The sub-domain name(s) provided to you are provided at no-charge, and are in place for the sole purpose of you being able to access your active services. Ownership of the phormitus.com domain or any of it’s subdomains is never, at any time, owned by you.
I am constantly updating my Services, and that means sometimes I have to change the legal terms under which my Services are offered. If I make changes that are material, I will let you know by posting on phormitus.com, 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 my changes, then you should stop using my Services within the designated notice period. Your continued use of my Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.
BPILGRIM may terminate your access to all or any part of my Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your services or your phormitus.com account (if you have one), you may simply request to me that you wish to discontinue using my Services. Upon cancellation, all files and database content stored on your assigned sub-domain will be promptly provided to you electronically. 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.
My Services are provided “as is.” BPILGRIM 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 BPILGRIM nor its suppliers and licensors, makes any warranty that my Services will be error free or that access thereto will be continuous or uninterrupted. BPILGRIM also does not guarantee that your sub-domain’s database(s) will never become corrupted or suffer data-loss. You understand that you download from, or otherwise obtain content or services through my Services at your own discretion and risk.
11. Jurisdiction and Applicable Law.
Except to the extent applicable by law, if any, provides otherwise, this Agreement, any access to or use of my Services will be governed by the laws of the Province of British Columbia or when federally regulated, Canada.
12. Limitation of Liability.
In no event will BPILGRIM, 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 BPILGRIM under this Agreement during the twelve (12) month period prior to the cause of action. BPILGRIM 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 agree to indemnify and hold harmless BPILGRIM, 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 my Services, including but not limited to your violation of this Agreement.
These Terms of Service are made available only in English (US). I 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 BPILGRIM and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of BPILGRIM, or by the posting by BPILGRIM 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; BPILGRIM 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.
- January 28, 2018: First version created.
- January 2, 2019: Updated domain name from form-portal.com to phormitus.com