SKYLAB Terms of Service
SKYLAB TERMS OF SERVICE
Last Updated: May 1, 2019
TERMS OF SERVICE
Before using any of the SKYLAB services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE SKYLAB SERVICES (“SERVICES”). BY USING THE SKYLAB SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT SKYLAB’S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
ACCEPTANCE OF TERMS
Description Of Service
The Site is an online service that offers email support to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content SKYLAB makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of SKYLAB. SKYLAB reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.
SKYLAB service does not support multi-site WordPress installations.
‘Access to Support Dashboard’ means: you may log into a portal and submit requests for service.
‘Update Reports’ is a service discontinued as of 8/1/2017.
‘Unlimited Small Jobs’ means: any request you make that we estimate will take 1/2 hour or less for our design, development, or content department(s) to complete for your single managed WordPress site.
‘Email Support’ means: time used to answer website related questions via email about operating your website.
‘Phone Support’ means: time used to answer website related questions via phone about operating your website.
‘Managed Proactive WP Upgrades’ means: Satellite Six will, at its discretion, apply upgrades to installed plug-ins and WordPress.
‘Offsite Backup’ means: Satellite Six will automate backups for your website and store them remotely.
‘Security Setup & Scans’ means: Satellite Six will set reasonable security settings using iThemes Security software, as well as scan the site for malware on an as-needed basis.
‘Monthly Analytics Reports’ means: Satellite Six will provide access to Google Analytics data for client review via the wpduo.com support dashboard.
‘Monthly SEO Report’ means: Satellite Six will provide monthly updates to a keyword ranking report for client review via the wpduo.com support dashboard.
‘10% off additional services’ means: Satellite Six will provide you with a 10% discount on any other non-SKYLAB work ordered during your membership term.
‘New Content/Graphics Creation’ means: In addition to the unlimited small jobs, Satellite Six will perform up to 2 hours of additional work each month at client request, to create new content or graphics, write blog posts, or perform other website services.
‘Target Response Time’ means: Our goal is to address any requests made by client within this timeframe, during normal operating hours, Monday-Friday 8am-5pm CST. This is not a guarantee and may be slightly longer due to heavy workload or other unforeseen events.
‘Job Queue’ means: This is the number of simultaneous requests and updates you can request for your “Unlimited Small Jobs” plan.
Satellite Six will provide website hosting for the Client’s website for the duration of their SKYLAB membership, if and only if that client had their website built by Satellite Six and the client has selected one of the following plans: Standard, Pro, SEO, SEO Plus, or Collaborator. At Satellite Six’s sole discretion, additional hosting fees may apply for Ecommerce websites or other websites that in Satellite Six’s opinion exceed available hosting resources. In the event of cancellation of SKYLAB, client agrees to notify Satellite Six within 7 business days to whom Satellite Six should provide a site backup for client redeployment. Satellite Six will assist in the site redeployment at client request and upon receipt of a $249 transfer fee.
SKYLAB member agrees that he or she is responsible for all fees in renewal of their plugin licenses. Satellite Six agrees to renew SKYLAB member plug-in licenses if that client’s website was built with Satellite Six, for the following plugins only: Gravity Forms, Advanced Custom Fields, Envira Gallery, BackupBuddy
As a condition to using Services, you are required to open an account with SKYLAB and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your SKYLAB account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify SKYLAB of any security breach of your Account. SKYLAB shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your SKYLAB account.
Services are available only to legal entities and to individuals who are at least 18 years old.
The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the SKYLAB Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
You agree that you will pay for the Services, and that SKYLAB may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING SATELLITE SIX / SKYLAB WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.
Prices for the Services may change at any time at SKYLAB’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
USE OF SERVICES AND RENTED CONTENT
You agree that the Service may include security technology that limits your use and that you shall use the Service in compliance with the applicable usage rules established by SKYLAB and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. SKYLAB reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by SKYLAB for compliance purposes, and SKYLAB reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is acceptable to SKYLAB. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge SKYLAB, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless SKYLAB, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or SKYLAB Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
LIMITATION OF LIABILITY
In no event shall SKYLAB be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common lawor with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.
SKYLAB, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY SKYLAB OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
SKYLAB, wpduo.com and other Satellite Six LLC graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of SKYLAB. SKYLAB’s intellectual property may not be used in connection with any product or service without the prior written consent of SKYLAB. Notwithstanding the foregoing, the images and icons available in the SKYLAB Press Kit may used by partners and approved third party sites in connection with providing appropriate links to the SKYLAB Site.
SUPPORT REQUESTS & REASONABLE USE
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please email firstname.lastname@example.org.
Each request is subject to a maximum of 30 minutes of development. The effort required for development is exclusively determined by the SKYLAB management. For work outside of the scope of the SKYLAB 30 minute development agreement, SKYLAB management may provide alternative solutions to the client including referral to the SKYLAB partner network.
SKYLAB provides 24/7 support, but provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved.
Your requests are subject to approval by SKYLAB management or by its assigned agent.
NATURE OF REQUESTS
Requests should fall within the following categories.
Styling elements with CSS
Content population & image manipulation
Creation of basic graphics (e.g. buttons, banners, etc.)
WordPress consulting (advice and support)
SEO (advice and support)
Plugin installation and implementation
If you are unsure about the whether or not a request meets these criteria, submit it as a ticket to our support system and we will either accept the ticket or deny the ticket based on managerial approval.
Examples of requests which shall not meet SKYLAB management approval for support:
Landing page design
Custom plugin development
Custom theme development
Website theme re-coding needed due to significant change in WordPress core architecture
Any fix deemed by SKYLAB management to exceed 30 minutes effort
Certain services available may include materials from third parties. SKYLAB may provide links to third-party websites as a convenience to you. You agree that SKYLAB is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that SKYLAB is not in any way responsible for any such use by you.
UNLIMITED AND REASONABLE USE
The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by SKYLAB management, at its sole and exclusive discretion. Customers deemed to be abusing the SKYLAB service will be contacted by the SKYLAB management. SKYLAB management retains the sole and absolute discretion to suspend service to you if we deem necessary.
TERMINATION & CANCELLATION
SKYLAB may terminate or suspend any and all Services and/or your SKYLAB account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your SKYLAB account, you must Contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You can contact us through the contact page or support area to issue a termination request.
RETURNS & SUBSCRIPTION CANCELLATIONS
Customers may cancel SKYLAB plans at any time. In the event of cancelation, customers have 7 days to move a website to new hosting. Migration assistance may be provided by SKYLAB for an additional fee. SKYLAB monthly and annual fees are non-refundable.
Terms of Renewal:
Monthly Subscriptions will automatically renew each month at the stated retail price until the subscription buyer notifies the company that they wish to cancel.
Yearly Subscriptions will be notified via email prior to renewal with the option to renew at the original yearly price. If the subscriber does NOT notify the company that they wish to continue at the stated yearly price, the subscriber’s account will revert to the monthly price automatically.
SKYLAB reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, SKYLAB will notify you by posting an announcement on the site. What constitutes a material change will be determined at SKYLAB’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind SKYLAB in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. SKYLAB shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SKYLAB’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. SKYLAB may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within Wisconsin between two residents thereof, the parties submit to the exclusive jurisdiction of Wisconsin courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.
INFORMATION WE COLLECT
SKYLAB collects information when you subscribe to our Website, and use various other features and services we provide. In some cases, if you choose not to provide us with requested information, you may not be able to access all of the great content we provide.
You can choose to subscribe to our email list or sign up for a member account. When you subscribe, we ask you to provide us with information such as your name, email address, city/state and other identifiable information. We keep this information on file to contact you with services and products related to the Website and to answer any questions or concerns you may have.
HOW WE USE YOUR INFORMATION
Information about our customers is an important part of our business, and we are not in the business of selling it to others. We use the information you provide us to contact you about our products, features and services. SKYLAB may also share information with third parties to assist in providing a more relevant and useful experience. The information collected on our Website in the aggregate enables us to better understand your use of the Website and to enhance your enjoyment.
It is possible that we may need to disclose the information you provide to our Website when we have a good faith belief that disclosure is necessary to (a) prevent illegal activity or assist government enforcement agencies; (b) to enforce other agreements and defend ourselves against allegations/claims; (c) to protect the rights, property or personal safety of SKYLAB employees, users or others and/or (d) to protect the security or integrity of the Website. In those instances, the information is provided only for that limited purpose.
YOUR INFORMATION CHOICES
If you visit our Website and volunteer personally identifiable information, you can always opt out of receiving content and review, modify, update, or delete such information by contacting email@example.com. Please be aware that even after your request for a change is processed, SKYLAB may, for a time, keep residual information about you in its backup and/or archival copies of its database.
YOUR OBLIGATION AS A USER
As a user of our Website, you have certain obligations. Some are imposed by laws, and others have become commonplace in user friendly communities of like-minded members such as SKYLAB:
You must not download or otherwise disseminate any information that may be deemed to be injurious, violent and offensive or which may otherwise violate the spirit of our Website. Any violation of these guidelines may lead to the restriction, suspension or termination of your use of our Website.
Like many web sites, this website use “cookies.” Cookies are bits of information that are stored on your computer by your web browser. Although the cookies don’t store any of your personal information, they do allow this website to provide you with a more personalized user experience, to track your use of the website, to analyze website activity and to allow you to login and begin use of the website automatically when you visit.
YOUR CONSENT AND CHANGES
We have security measures on our systems and work hard to secure your personal information from unauthorized access, alteration, disclosure or destruction. In addition, this website uses Secure Socket Layer (SSL) transmission technology for all sensitive information to avoid interception of your personal information.
We periodically review our processing practices to guard against unauthorized access to our system. However, despite our efforts, we cannot ensure or completely guarantee a 100% secure environment. We restrict access to personal information to employees, contractors, and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
RESOLUTION OF DISPUTES
For purposes of any action or claim against SKYLAB, this agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, and you agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the County of Eau Claire in the State of Wisconsin and the courts having appellate jurisdiction over those courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, if you access or use the website from the European Union, for purposes of any action or claim against SKYLAB, this Agreement shall be governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to disputes arising in connection with this agreement. In the event that any of the terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.
HOW TO CONTACT US
3603 N. Hastings Way, Suite 100A
Eau Claire, WI 54703