Terms & Conditions

Terms and Conditions for ashley.how

(N.B. “I”, “me”, and “mine”, are used to refer to Ashley Howard - the freelance web designer & developer, and site owner.

Account Terms

1. When using a third-party service (Wordpress, Hostinger, Shopify, etc.), you are responsible for maintaining the security of your account and password. I cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. I recommend users set up two-factor authentication for added security.
2. You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.

Modifications to the Service and Prices

1. Sometimes it becomes technically impossible to continue a feature or I redesign a part of my Services because I think it could be better or I decide to close new signups of a product. I reserve the right at any time to modify or discontinue, temporarily or permanently, any part of my Services with or without notice.
2. Sometimes I change the pricing structure for my products. When I do that, I tend to exempt existing customers from those changes. However, I may choose to change the prices for existing customers. If I do so, I will give at least 30 days notice and will notify you via the email address on record. I may also post a notice about changes on my websites or the affected Services themselves.

Uptime, Security, and Privacy

1. When you use my Services, you entrust me with your data. I take that trust to heart. You agree that I may process your data as described in my Privacy Policy and for no other purpose. I can access your data for the following reasons:
   • To help you with support requests you make. I’ll ask for express consent before accessing your account.
   • For safeguarding. I’ll look at logs and metadata as part of my work to ensure the security of your data and the Services as a whole.
   • To the extent required by applicable law.
2. I use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of my subprocessors here.
3. I do not retain, use, disclose, or sell any of that information for any other commercial purposes unless I have your explicit permission.

Copyright and Content Ownership

1. I claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
2. The names, look, and feel of the Services are copyright© to me. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from me. You must request permission to use the logo or any Service logos for promotional purposes. Please email me requests to use logos. I reserve the right to rescind this permission if you violate these Terms of Service.
3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission from me.
4. You must not modify another website so as to falsely imply that it is associated with the Services or me.

Features and Bugs

I design my Services with care, based on my own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. I make no guarantees that my Services will meet your specific requirements or expectations.

I also test all of my features extensively beforehand. As with any software or code, my Services inevitably have some bugs. I track the bugs reported to me and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and I don’t guarantee completely error-free Services. Bugs or errors in third-party services is the concern of the third-party company.

Services Adaptations and API Terms

I offer Application Program Interfaces (“API”s) for some of my Services. Any use of the API, including through a third-party product that accesses the Services, is bound by the terms of this agreement plus the following specific terms:

1. You expressly understand and agree that I am not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
2. Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user’s activity other than time tracking, both inside and outside the applications. I, in my sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
3. Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account’s access to the API. I, in my sole discretion, will determine abuse or excessive usage of the API. If I need to suspend your account’s access, I will attempt to warn the account owner first. If your API usage could or has caused downtime, I may cut off access without prior notice.

Some third-party providers have created integrations between my Services and theirs. I am not liable or accountable for any of these third-party integrations.

Liability

I mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that I shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if I have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

If you have a question about any of the Terms of Service, please contact me.

Adapted from the Basecamp open-source policies / CC BY 4.0