Terms of Service

MACHI-SYSTEMS is owned and operated by Machi-Systems, LLC.

The following terms and conditions (“Terms”) govern all use of the MACHI-SYSTEMS website (taken together, our “Services”). Services, content, and products available at or through the website, include but are not limited to, MACHI-SYSTEMS Hosting, all plugins, and API services. Subject to your acceptance, services are offered without modification of the Terms and Conditions contained herein, operating rules, policies (including, without limitation, Machi-Systems’ Privacy Policy), and procedures that may be published from time to time by Machi-Systems (collectively, the “Agreement”). Upon acceptance, you agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, you may not access or use any of our Services. If these Terms are considered an offer by Machi-Systems, acceptance is expressly limited to these Terms.

Use of our Services requires a MACHI-SYSTEMS (Dropmark) account. You agree to provide us with complete and accurate information when registering for an account.

Services may not be used without agreeing to the Terms. Whenever Services are ordered or paid for by the customer, the Terms are accepted by both the customer and Machi-Systems. Terms are maintained independently of any other agreement between Machi-Systems and the customer. Unless otherwise agreed in writing with Machi-Systems, any secondary agreements between Machi-Systems and the customer will always include, at a minimum, the Terms of Service outlined within this page. If a secondary agreement between Machi-Systems and the customer contradicts any attribute of the Terms as outlined, the secondary agreement shall take precedence. Services may not be used if you are not of legal age to form a binding contract with Machi-Systems, or you are barred from receiving services under the laws of the United States of America or the country in which you will be utilizing the Services. The most current version of Terms will be available at http://www.machi-systems.com/terms-of-service/.

General Terms of Service

Any content or action taken on any Machi-Systems plan is the responsibility of the client. Any actions taken out on a userspace, authorized by the client or not, will reflect on the client themselves. The user is required to follow all Terms of Service outlined here and will be referred to as “TOS” henceforth.
The user is responsible for ensuring their services are suitably secured as per the guidelines of our Password Policy. Machi-Systems has no liability if the user account is compromised due to weak passwords or the sharing of an account with friends, family, or any third person.
The following tools/programs are prohibited to be run on any Machi-Systems plan:

Tor relays/exit nodes
Hacking tools
Spamming tools
Phishing
Fraudulent gateways
Any malicious content that could reflect poorly on Machi-Systems
Mining tools
Peer-to-Peer load balancers
Game servers

All user resources must be configured with authentication. This includes any applications and prohibits the use of forbidden open directories.
Payments are prepaid and the responsibility of the client. Any unpaid invoices can result in the services applicable to the invoice being suspended—with eventual termination and deletion of all data if left unpaid. Any overpayments due to incorrect PayPal subscriptions are non-refundable. Overpayments will be added to the client’s account as a credit on future invoices.
Please treat staff with respect at all times. In return, we will treat clients with respect. Any client being excessively rude risks being banned from Machi-Systems.
The resale of any Machi-Systems service, or part thereof, is strictly forbidden. Users found to be reselling any services hosted on our slots will be immediately terminated with no refund given. This includes, but is not limited to, selling access to any streaming application, hosting IPTV services on our slots, or using slots to distribute files in exchange for payment.
Users are responsible for ensuring the safety of data stored on their Machi-Systems slot. Our services are redundant, however, data loss can occur. We recommend backing up any important files to the dedicated cloud hosts.
Machi-Systems reserves the right to alter prices, storage quantities, network rates, network volumes, and computational capabilities of all services at its sole discretion.
We reserve the right to amend the TOS outlined here at any point in time. Continued use of our services is dependent on the client following all these terms.
Bigotry of ANY kind will be terminated from our system resources immediately

Account and Slot Responsibilities

It is the responsibility of the client to ensure the information kept on their slot is backed up and secure at all times. We are an apps hosting provider, not a storage provider, and thus strongly suggest backing important information up to an external cloud location. Drive failure is an accepted risk, and we are unable to guarantee information can be recovered. Machi-Systems shall never be held liable for failure to recover data in the event of any sort of failure and shall never be held accountable—financially or otherwise.

We also recommend using unique, secure passwords to be set for the Hub customer portal, SSH, and all apps. Users should refer to our Password Policy. Any applications or content on our services that are not in line with our TOS will be considered a violation of our TOS, regardless of if an account was compromised.

Allowing public access to our services is forbidden. This includes unsecured public HTTP directories, hosting high-bandwidth video streams, or hosting other forbidden services. Any client found allowing public access to any forbidden services will be asked to stop. Failure to comply will result in account termination.
The reselling of any aspect of our services is strictly forbidden. Any client found to be accepting money or other payments in exchange for any level of access to our services will be immediately terminated and ineligible for a refund.

Fair Usage

Some of our services run on shared resources. As a result, it is the responsibility of the client to ensure that their activities do not negatively impact other clients’ experiences. All Clients must ensure that their resource consumption is within acceptable limitations. Machi-Systems may stop, without warning, any applications that are negatively affecting other clients and has every right to regain control of the abused resource from users without prior notice. In extreme scenarios, the client’s slot may be suspended or terminated—as the backbone of this policy is that everyone has a positive experience.
Machi-Systems will not be liable nor responsible for any customer/user loss out of this arrangement, and there will not be any refund of the customer-paid fee. Users of all Machi-Systems services agree not to interfere with other users unfairly or maliciously such that other users are robbed of their due level of services.

Forbidden content

The following content is strictly forbidden

Tor relays and/or exit nodes
Child pornography
IPTV hosting or sharing
VOD (Video on Demand) hosting services of any kind
Kodi add-ons and repositories
Publicly hosted files
Any hacking tools
Unlicensed copyrighted content
Disinformation

Plugins

As a member, you are granted an inalienable right to own and continue to use all plugins and themes received from MACHI-SYSTEMS, even after your membership is canceled. Whether you are a current member or not, all plugins and themes will continue to function “as is.”
Updates are released often for compatibility, feature upgrades, and additions. These are only available to customers with an active MACHI-SYSTEMS membership. ‘Automatic Upgrades’ are available to current customers who have the MACHI-SYSTEMS Dashboard plugin installed.
To the best of our ability, we commit to ensuring that all of our products and services remain compatible with the latest versions of WordPress within 24 hours of any release. We give no guarantee that products will work with older WordPress versions, though whenever reasonably possible, we will work to support backward compatibility.

Hosting

If you are using our managed hosting services, the following applies:

For the purpose of hosting and/or backing up your content, you grant us access to your website and database by using our hosting services.
In order to address security vulnerabilities, we will first notify you, and then may push an upgrade to your site. We may access your site to remove malicious code.
For internal use to optimize the performance and security of Services, we may scan your data and content to compile aggregated/anonymized statistics.
If you lose access to your MACHI-SYSTEMS account or cancel your membership, you will not be able to access your hosting or backup data. We may not be able to recover backups or data more than fourteen (14) days after account deactivation.
You grant us a worldwide, royalty-free, and non-exclusive license to copy and store your data and content. This is only to the extent necessary to operate the Service; you own your data and content.

For sites that we host, our goal is an uptime of 100%: meaning all sites are available 24/7/365. We know that sometimes this goal may not be achievable. In those cases, the following Service Level Agreement (SLA) applies:

We guarantee a 99.9% uptime SLA.
We do not place any hard limits on traffic, visits, or bandwidth on your sites. Should your site experience a spike in traffic (both human and/or by bots), it may experience performance problems or even downtime. In this case, we will send an alert on how to upgrade your hosting plan to higher resources, and our SLA will not apply.
Should the SLA not be met during a calendar month, you are entitled to an SLA Credit. You must contact support to request an SLA Credit within 30 days of the end of the month that the SLA was not met. Credits will be valued at 5% of your monthly hosting charges for each full hour of downtime beyond the SLA. Credits cannot exceed 100% of your hosting charges. Downtime will be determined by our monitoring tools.
Our SLA applies to any human error by our team, employees, or contractors of any third-party hosting service.
Our SLA does not apply to any downtime out of our control, including problems resulting from third-party code, user error, or natural disasters such as floods or earthquakes.

Free-hosted sites or sites that are paid for using promotional credit may be archived after 21 days of inactivity. Sites will be marked as ‘active’ automatically if one of the following occurs:

The settings for the site have been visited at least once in the Hub in the past 21 days
A custom domain has been added to the site and validated

We will send a warning email one week before archiving the site, and again when the site is archived. A site can be restored and reactivated within 30 days of being archived.

API Services

Some Services require API access to enable all features and functionality. These currently include, but are not limited to, WP Smush Pro, WP Smush, Hummingbird, Integrated Video Tutorials, the Hub, Defender, MACHI-SYSTEMS Dashboard Plugin, Snapshot Pro, SmartCrawl, and Anti-Splog.

If you are using any of our API Services, the following applies:

You must maintain an active subscription with MACHI-SYSTEMS to utilize API services. API-based services may only be accessed by our plugins designed for that purpose.
API services use an assigned API key to connect. You may only use your API key on sites that belong to you or those of your clients. You may not resell, share, email (plain text), or publish your API key.
Violation of any of these terms may result in the immediate termination of API access and/or your MACHI-SYSTEMS membership.
We reserve the right to suspend API access to users that use an unusual amount of API requests or resources that we feel may impact services to other members.
All of our plugins can be installed on any number of sites that you own or develop for a client for automatic updates and in-dashboard support provided by our MACHI-SYSTEMS Dashboard plugin. We do, however, have a soft API limit to help protect against fraud and abuse. You can contact us to request an increase in your limit. Current limits include 1,000 domains for our Dashboard & Video APIs, and 20 domains for our Anti-Splog API.

Snapshot Backups

If you are using the Snapshot Pro backup service, the following applies:

In addition to the unlimited, 30-day rolling backups included with each MACHI-SYSTEMS hosted site, members get 10GB of cloud storage. This can be used to create and store 30-day rolling backups across all Machi-connected sites. Additional space can be purchased for the lowest prices guaranteed in WordPress.
By using our backup services, you grant us access to your website, database, and any virtual or physical servers. Access is necessary for backing up and/or restoring data and content.
To optimize the performance and security of the service, we may scan your data and content to compile aggregated/anonymized statistics for our internal use.
If you lose access to your MACHI-SYSTEMS account or cancel your membership, you will not be able to access your backup data. We may not be able to recover backups or data more than fourteen (14) days after an account is inactivated.
You grant us the worldwide, royalty-free, and non-exclusive license to copy and store your data and content, only to the extent necessary to operate the Service. You own your data and content.

Prohibited Uses

When using MACHI-SYSTEMS Services, you agree not to:

Violate any state, federal or foreign laws or regulations;
Infringe on any intellectual property rights (e.g., copyright, trademark, patent, or other proprietary rights);
Publish, host, or transmit content that is defamatory, slanderous, or trade libelous;
Publish, host, or transmit content that is threatening or harassing;
Publish, host, or transmit content that promotes hate or is discriminatory based on gender, sexual orientation, race;
Disclose the sensitive personal information of others;
Distribute material that is or enables malware, spyware, adware, or other malicious code;
Send spam or bulk unsolicited messages;
Interfere with, disrupt, or attack any service or network;
Resell, share, or publish MACHI-SYSTEMS credentials or access;
Make any MACHI-SYSTEMS plugin available for public download in ways that violate the Terms of the GPL 2.0 license.

Payments & Subscriptions

Our billing procedure is structured to ensure an adequate timeframe for invoice payment. Invoices are sent 10 days prior to the due date of the service with a reminder sent 3 days prior. Services will be suspended if an invoice remains open after midnight of the due date, and payment reminders will be sent on the first, second, and fifth days that an invoice is past due. If the invoice remains unpaid after midnight of the fifth day’s notice, the slot will be terminated and all data deleted permanently. Any payments past the fifth day will result in a new slot being created, which is not ineligible for our refund policy.

MACHI-SYSTEMS is a membership site, and many of our Services require an active, paid subscription: MACHI-SYSTEMS Memberships, Hosting, Managed Backups, and our CDN (“Paid Services”). By using a Paid Service, you agree to pay the specified fees, which are charged in regular intervals (such as monthly or annually), on a pre-pay basis until cancellation. You may cancel your account at any time through your account overview page or by contacting support.

To ensure uninterrupted service, Paid Services are automatically renewed. This means that, unless a Paid Service is canceled before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice or use any payment mechanism on your account’s record to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time.

If you choose to cancel your subscription, your membership will remain active until the end of your current billing cycle.

If payment fails or Paid Services are otherwise not paid for on time, we hold the right to immediately cancel or revoke access to the Paid Services.

We reserve the right to refuse service, or cancel your subscription and revoke membership access with a prorated refund, for any reason we deem appropriate.

We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.

We may run promotions where Machi-Systems Points can be exchanged for memberships, services, or items of value. We reserve the right to deny the use of Machi-Systems Points or terminate accounts that commit fraud or abuse the Machi-Systems Points system in any way.

Refunds

If you are experiencing a technical issue, let our support team help resolve the issue by submitting your request here before requesting a refund.

Refunds requested after the free trial period are issued at the discretion of our support staff. No refunds whatsoever will be given for scheduled subscription payments after 30 days, except in the rare case that it is due to billing errors on our end.

If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we will not provide a refund and we may revoke access to our Services.

Refunds are available once per person or entity and will not apply if your account is in violation of these Terms.

Please also see our Refund Policy.

Free Trial

Your membership may include a free trial. You may be required to provide payment details in order to start a free trial, but you will not be charged until the end of your free trial period.

Free trials are regulated by a few simple rules outlined below:

Only one free trial is allowed per person or business, ever. Creating a duplicate account in order to get multiple free trials is forbidden.
When you are using a free trial, you can’t directly download plugins or themes from MACHI-SYSTEMS; you must install the MACHI-SYSTEMS Dashboard plugin to install any plugins and themes you wish.
When your free trial has ended, we will automatically withdraw payment for the membership associated with your free trial. Payment will continue on a recurring monthly basis until such time you cancel.
By providing your payment details in conjunction with free trial registration, you agree to this charge. If you do not want this charge, you must cancel your membership before the end of your free trial. You will not receive a notice from us that your free trial period has ended.

You can cancel your free trial at any time here. If you cancel during your free trial, any updates, API services, and support will end immediately, however, you will be able to continue using all plugins and themes downloaded on on your sites. Information on canceling a paid membership can be found in our Subscriptions section.

Cancellations

All clients are entitled to cancel their service at any point in time. The cancellation request option is available in the Client Area. We offer “Immediate” and “At the end of the billing period” cancellations. With immediate cancellation, the slot will be terminated and wiped with no guarantee of data recovery. Removal of cancellation requests is possible by contacting us through our ticket system.

Subscriptions- Overpayments, Chargebacks, and PayPal Disputes

This section declares and represents our Refund Policy, and the client agrees to it.

Failure to Pay

Machi-Systems retains the right to remove or retain the content stored on Machi-Systems’s servers in the event of nonpayment for the services.

Privacy

The customer understands and agrees to the Privacy Policy provided by Machi-Systems.

Software & Service Updates

Any software provided with the Services may be updated or altered at any time. These changes are often to improve the quality of the Services and fix problems. You agree to receive such updates.

Support

We offer our Services as is, with no implied meaning that all Services will function exactly as you wish or with all third party components and plugins.

Support is provided by Live Chat on the MACHI-SYSTEMS site and in our Forums. Any issues that can’t be immediately or easily answered via Live Chat will result in the creation of a Forum ticket for ongoing follow-up and tracking.

We commit to having our support team available and staffed 24/7/365. Average Live Chat wait times will be under 10 minutes. Resolution times of issues depend on the complexity, support queue, and availability of the appropriate staff members to address the issue.

We will do our utmost to support anything WordPress-related, however, some requests may require complex or custom work, which is currently beyond the scope of what we can reasonably provide. We reserve the right to determine which requests and levels of support we can and can’t provide.

You may grant our support team access to your sites in order to troubleshoot and resolve problems. It is your responsibility to always obtain a backup of your site prior to requesting support or granting access to support staff. Further, you take full responsibility for lost content or any downtime as a result of support – both on staging and production sites. We strongly recommend that troubleshooting take place on staging environments first whenever possible.

In order to receive support for any Service, you must be using the most recent version of our products, WordPress, and any other theme or plugin utilized on your site. MACHI-SYSTEMS makes no guarantees and cannot provide support to anyone using outdated or otherwise altered versions of our products. We offer no support via email or otherwise for installation, customization, or third-party hosting administration of WordPress itself.

Security

You are solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure and must immediately notify MACHI-SYSTEMS of any unauthorized uses of its sites, account, or any other breaches of security.

White Label and Reselling

Common Carrier

Machi-Systems and the customer agree that Machi-Systems is solely acting as a common carrier in its capacity of providing services. The customer agrees that they are the publisher of any material or information and responsible for it adhering to the Terms. The content distributed by the customer is in no way reflective of Machi-Systems. Machi-Systems does not filter or inspect the content distributed by the customer, as outlined in our Privacy Policy. All material stored or distributed by the customer is considered publicly accessible. Machi-Systems’ distribution of content provided by the customer does not express or imply approval of material by Machi-Systems, nor does it confirm that the material is in compliance with the Terms.

Notices

Any notice under these Terms may be e-mailed, delivered personally, or distributed as the parties may designate in writing.

Miscellaneous

This section includes legal terms and conditions declared by Machi-Systems.

Proprietary Rights

Machi-Systems owns all legal rights, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Compliance with Law

Through this agreement, the Client accepts full responsibility and accountability for all the content stored on, downloaded to, or distributed from their Services with legal rights.

Content License

The customer retains copyright and all other rights they already hold in content that is stored on, or distributed through, Services provided by Machi-Systems. By storing or distributing content through Services, you give Machi-Systems a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, and publicly perform, publicly display, and distribute said content using services. The customer agrees that this license includes a right for Machi-Systems to make such content available to other companies, organizations, or individuals with whom Machi-Systems has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services. You understand that Machi-Systems, in performing the required technical steps to provide the Services to our users, may: a) transmit or distribute your Content over various public networks and in various media b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Machi-Systems to take these actions. You confirm and warrant to Machi-Systems that you have all the rights, power, and authority necessary to grant the above license.

Limitations of Liability

Machi-Systems is not liable for the protection or privacy of any content transmitted through the Internet, or any other network provider or services the customer may use.

Indemnity

Customer agrees to defend, indemnify and hold Machi-Systems harmless from and against any and all claims, obligations, losses, liabilities, and expenses (including reasonable attorneys’ fees and costs) incurred by Machi-Systems arising from or due to claims made by third parties (including customers of the customer) for their actions.

Force Majeure

Machi-Systems shall not be liable to the customer for any failure of performance under these Terms due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including a provincial and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.

Nondisclosure

Machi-Systems and the customer shall use their best efforts to keep the provisions (including price) of all agreements from the public, competitors, or others who may gain benefit from such knowledge, unless required by law to divulge such information to regulatory authorities or unless required in connection with enforcing that party’s rights hereunder.

Relationships of the Parties

The parties intend that an independent contractor relationship will be created by these Terms and that no additional partnership, joint venture, or employee/employer relationship is intended unless otherwise specified in a separate agreement.

Waiver

Any party’s failure to insist on compliance or enforcement of any provision of these Terms shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or any other provision of these Terms.

Attorneys’ Fees

If a legal proceeding is commenced to enforce or obtain a declaration of rights under these Terms, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred before commencing the proceeding.

Questions

Questions about the Terms Of Service? Contact us.

DISCLAIMER OF WARRANTIES

SERVICES PROVIDED BY MACHI-SYSTEMS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. MACHI-SYSTEMS SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MACHI-SYSTEMS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, EVEN IF MACHI-SYSTEMS HAS BEEN ADVISED BY THE CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF MACHI-SYSTEMS’S SERVICE TO THE CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, MACHI-SYSTEMS SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.

Legal Notices

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or 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 (16 years or older in the European Union).

Our Services are provided “as is.” Machi-Systems 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 Machi-Systems 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 discretion and risk.

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 Alabama, 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 Birmingham, Alabama.

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

We hope you’ve found this doc useful. Is anything missing? If so, email us at contact@machi-systems.com and we’ll get it sorted for you.

Creating for good cause? ✨If you are building or creating something that works towards solving mental health, wellbeing or environmental issues, then you can get access to Machi-Systems services at a reduced rate. Please get in touch for more information.

Questions? Send us a note and we’ll get right back to you.

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