HackFence Terms of use

General Terms

Last updated on Februari 11, 2016.

Acceptance
HackFence is a Managed WordPress Security Service of Softrax holding B.V. HackFence and Softrax holding B.V. are collectively referred to below as `HackFence`. By using the HackFence websites and WordPress Security Service (the `Managed WordPress Security Services`), you are agreeing to be bound by the following terms and conditions (`Terms of Use`) and the following Privacy Policy. If you do not agree to these Terms of Use, or any modification thereto, or become dissatisfied with HackFence in any way, then please discontinue use of the Managed WordPress Security Services.

The Terms of Use may be revised periodically and this will be reflected by the Last Updated date at the top of the Terms of Use. Please revisit this page to stay aware of any changes. Your continued use of the Managed WordPress Security Services constitutes your agreement to the Terms of Use and any future revisions.

Age Limits
You must be 16 years and older to use the Managed WordPress Security Services. By using the Managed WordPress Security Services you hereby represent that you are at least 16 years old.

Our ability to contact you
By using the Managed WordPress Security Services and providing us with your email address you are allowing us to contact you in connection with the Managed WordPress Security Services and in order to provide the Managed WordPress Security Services to you. We make every effort to avoid sending unwanted email and we provide several mechanisms for you to request that we stop emailing you. Please use our contact form if you are still receiving emails from us and would like us to stop contacting you.

Limitations of Liability
In our Managed WordPress Security Service we use third party Plugins such as security software, anti-virus and firewall software. The companies who offer these plugins are responseble for their quality and operation. We offer our Managed WordPress Security Service as-is and do not guarantee that it is fit for any purpose. While we strive to maintain the highest quality in our Managed WordPress Security Service, if the service causes loss of access to your website or damages your website or business in any way, HackFence and it`s officers can not be held liable.

Managed WordPress Security Services
We reserve the right to modify the Managed WordPress Security Services and prices of the Services offered at anytime on our Website. Any continued use of the Managed WordPress Security Services after such changes have been made shall be deemed to constitute acceptance of such changes. We reserve the right to cancel your Managed WordPress Security Services at any time. We also reserve the right to cancel your Managed WordPress Security Services and terminate your Services immediately, without notice, in the event that you breach any provision of this Terms of Service or any other terms that apply to your Managed WordPress Security Services.

Service Level
We provide the highest posible Service Level and the alerts with the highest priority will be the first to serve. We do not guarantee a specific response time and we don`t provide a service level agreement. In general we operate weekdays from Monday to Friday, 9am to 5pm Central Europe Time and your email will usually receive a response within two working days but may take longer when we experience high load or during public holidays. Our support is offered on a per-website basis. This means that we limit the amount of support we provide per website. Our priority support offered to customers is limited to 100 alerts to our support system per month per website. We reserve the right to decline further support or charge for additional support beyond the 100 alerts. We also reserve the right to immediately terminate Managed WordPress Security Service without a refund if a customer is insulting or abusive to our support team. We endeavor to provide you with excellent customer service and we have included this clause to protect our support team and to prevent one single customer from overloading our support system or abusing our services, thereby impacting the quality of support that other customers receive.

Refund Policy
You are billed immediately or at the end of a trial period if one is provided for all Managed WordPress Security Services when you subscribe to them. We offer a money back guarantee that provides you with a refund for your most recent 1 month of Managed WordPress Security Service if you are not fully satisfied with our services.

3rd Party Websites
The Managed WordPress Security Services may contain links to other websites that are not owned or controlled by HackFence. HackFence has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any other websites. In addition, HackFence will not and cannot censor or edit the content of any third-party site. By using the Managed WordPress Security Services, you expressly relieve HackFence from any and all liability arising from your use of any other website. Accordingly, HackFence encourages you to be aware when you leave the Managed WordPress Security Services and to read the terms and conditions and privacy policy of each other website that you visit.

Intellectual Property Rights
The content on the Managed WordPress Security Services, except all User Content, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (`Content`) and the trademarks, service marks and logos contained therein are owned by or licensed to HackFence, subject to copyright and other intellectual property rights under European and foreign laws and international conventions. All trademarks not owned by HackFence or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HackFence or its subsidiaries.
Content on the Managed WordPress Security Services is provided to you AS IS for your information and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. HackFence reserves all rights not expressly granted in and to the Managed WordPress Security Services and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Managed WordPress Security Services for any commercial purposes. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Managed WordPress Security Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Managed WordPress Security Services or the Content therein.

Website Information and Service
You agree not to collect or harvest any personally identifiable information from the Services, nor to use the communication systems provided by the Managed WordPress Security Services for any spamming purposes. You agree not to collect or harvest, for commercial purposes, any users of the Managed WordPress Security Services.
You agree not to use the Managed WordPress Security Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. You agree not to violate any laws in your jurisdiction including but not limited to copyright laws when using the Managed WordPress Security Services.

Jurisdiction
The Managed WordPress Security Services are controlled and offered by HackFence from its facilities in France, Sri Lanka and the Netherlands. These Terms of Use shall be governed by the laws of the Netherlands, without reference to conflicts of laws principles. Any dispute arising from these terms or the use of the Managed WordPress Security Services shall be resolved exclusively in the court located in Rotterdam, and you agree to the exclusive jurisdiction of and venue in that court.
HackFence makes no representations that the Managed WordPress Security Services are appropriate or available for use in other locations outside of the Netherlands. Those who access or use the Managed WordPress Security Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Disclaimer of Warranties.
You agree that use of the Managed WordPress Security Services, data, user content and/or content is entirely at your own risk. The Managed WordPress Security Services, data, user content and/or content is entirely at your own risk. The Managed WordPress Security Services, data user content and content are provided on an `as-is` and `as available` basis, without warranty or condition of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by the law, HackFence explicitly disclaims any warranties or merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement of proprietary rights. HackFence makes no warranty that the Managed WordPress Security Services, data, user content and content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. HackFence makes no warranty regarding the timelines, accuracy, performance, quality, truth, completeness or reliability of the Managed WordPress Security Services, data, user content and content. HackFence disclaims any warranties for other services or goods received through or advertised on the Managed WordPress Security Services, data, user content and content, or accessed through any links on the services. To the fullest extent permitted by the law, HackFence disclaims any warranties for viruses or other harmful components in connection with the services, data, user content or content. No advice or information, whether oral or written, obtained through HackFence or through the services, data, user content and/or content, will create any warranty not expressly made herein.

Limitation of Liability
In no event shall HackFence, its officers, directors, engineers, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of the services, data, user content or content, (II) personal injury or property damage, of any nature, whatsoever, resulting from your access to and use of the Managed WordPress Security Services, (III) any unauthorized access to or use of the secure servers and/or any and all personal information stored, therein, (IV) any interruption or cessation of transmission to or from the Managed WordPress Security Services, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the services by any third website, and/or (VI) any errors or omissions in Managed WordPress Security Services, data user content or content or for any loss or damage of any kind incurred as a result of your use of any services, data, user content, or content posted, emailed, transmitted, or otherwise made available via the Managed WordPress Security Services, whether based on the warranty, contract, tort, or any other legal theory, and whether or not HackFence is advised of the possibility of such damages. The forgoing limitation of liability shall apply to the fullest extent permitted by the law in the applicable jurisdiction. You specifically acknowledge that HackFence shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third webservice that the risk of harm or damage from the forgoing rests entirely with you. HackFence does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third website through the Managed WordPress Security Services or any hyper linked website or featured in any banner or other advertising, and HackFence will not be party to or in any way be responsible for monitoring any transaction between you and other providers of products or services.

Indemnity
You agree to defend, indemnify and hold harmless HackFence, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney`s fees) arising from: (i) your use of and access to the Managed WordPress Security Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Managed WordPress Security Services.

General
In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. The failure of HackFence to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.
Your use of the Managed WordPress Security Services indicates your acceptance of these Terms of Use. If you do not agree to be bound by these terms, please do not use the Managed WordPress Security Services.
If you have any questions or comments in regards to these Terms of Use, please contact info@hackfence.com.

Privacy Notice

Last updated on Februari 17, 2016

Softrax holding B.V. (`HackFence`) understands your privacy is important. As described in this Privacy Policy, HackFence websites and free and paid services (the `Services`) have been designed to protect information about you from unauthorized disclosure to others. This Privacy Policy explains how HackFence collects, uses and, in certain circumstances, shares your information when you use the Managed WordPress Security Services.
By using the Managed WordPress Security Services, you explicitly consent to the collection and use of your information as outlined in this Privacy Policy.

1. Automatic Information
When you use the Managed WordPress Security Services, statistics about your website visitors are automatically collected. HackFence monitors statistics of your website. This data is used to provide the Managed WordPress Security Services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to users and visitors of the Managed WordPress Security Services.

2. Cookies
Our Managed WordPress Security Service don`t use cookies. Some third-party plugins will use a cookies however.
A `cookie` is a piece of data the Services transfer to your computer that identifies you as a unique user. Cookies enable the Services to recognize your browser and to provide features such as customization. The Services use cookies to improve the quality of the service and make the service easier to use for users. In order to provide you a seamless experience during a particular session, the Services store information about that session in cookies. You can edit your browser options to prevent your browser from accepting new cookies or to notify you when you receive a new cookie. If you do not accept cookies, however, some features of the Services may not function properly.

3. Sharing Information
Some of your information is visible to other users. The Managed WordPress Security Services may use third parties to offer other or enhanced Services. Except as described in this privacy policy, you will be notified when your information may be shared with third parties and be able to opt-out of sharing your information.
You understand and agree that HackFence may access, preserve, and disclose your information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to avoid liability, to comply with legal process, such as a search warrant, subpoena, statute, or court order, or to protect HackFence rights and property, or that of HackFence affiliates or the public.
In the event that the Managed WordPress Security Services are acquired by or merged with a third entity, HackFence reserves the right, in any of these circumstances, to transfer or assign the information collected from the Managed WordPress Security Services as part of such merger, acquisition, sale, or other change of control. In the unlikely event of bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors` rights generally, HackFence may not be able to control how your information is treated, transferred, or used.

4. Third-Party Companies
HackFence may allow other companies to serve advertisements within the Managed WordPress Security Services. These other companies use technology to send, directly to your browser, the advertisements and links that appear within the Managed WordPress Security Services. They may automatically receive your IP address when this happens. They may also use other technologies such as cookies or JavaScript to measure the effectiveness of their advertisements and to personalize the advertising content you see.
The Managed WordPress Security Services do not provide any personally identifiable information to these advertising companies without your consent or except as part of a specific program or feature for which you will have the ability to opt-in and/or opt-out. However, please note that if an advertiser asks the Managed WordPress Security Services to show an advertisement to a certain audience, for example, travelers based on California, and you respond to that advertisement, HackFence may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Managed WordPress Security Services; such as the number of times you viewed an ad but not any personally identifiable information, to determine which ads to deliver to you.
This privacy policy does not apply to, and HackFence cannot control the activities of, such advertisers or web sites.
The Managed WordPress Security Services may contain links to other websites. Please be aware that HackFence is not responsible for the privacy practices of other websites. HackFence encourages users to be aware when they leave the Managed WordPress Security Services and to read the privacy statements of each and every website that collects personally identifiable information to learn more about their information practices.
Information collected through the Managed WordPress Security Services may be stored and processed in any country in which HackFence maintains facilities. Consequently, HackFence has the right to transfer information outside of your country. Therefore, you acknowledge and consent to the sharing of your information with HackFence and HackFence-related entities worldwide.

5. Security
The Managed WordPress Security Services use industry standard security measures to protect your information so that it is not made available to unauthorized parties. HackFence cannot, however, ensure or warrant the security of any information transmitted to the Managed WordPress Security Services and you do so at your own risk.
Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of your information at any time so please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of the Managed WordPress Security Service`s physical, technical, or managerial safeguards.
HackFence may use outside companies to display ads on the Managed WordPress Security Services and these ads may contain cookies collected by the ad companies. HackFence does not have access to this information. Also, data transmission over the Internet cannot be guaranteed to be totally secure. Therefore, although HackFence takes measures, such as those described in this Privacy Policy, to protect your information, HackFence cannot warrant the security of information collected. Accordingly, you agree that you are providing such information at your own risk.

6. International Users
The systems of the Managed WordPress Security Services are hosted in France and the Netherlands. If you are a user accessing the Managed WordPress Security Services from the USA, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from dutch laws, please be advised that through your continued use of the Managed WordPress Security Services, which is governed by dutch law, this Privacy Notice, and these Terms of Use, you are transferring your information to the Netherlands and you consent to that transfer.

7. Changes and updates to this Privacy Notice
This Privacy Notice may be revised periodically and this will be reflected by the Last Updated date at the top of this Privacy Notice. Please revisit this page to stay aware of any changes. Your continued use of the Managed WordPress Security Services constitutes your agreement to this Privacy Notice and any future revisions.

Acceptance of Terms

By using this site you acknowledge and agree to the terms of this Privacy Policy. If you disagree with any term or condition in this Privacy Policy, please do not use the Managed WordPress Security Services.
If you have any questions about this privacy statement, please contact info@hackfence.com.