Website Terms of Use

Effective Date: January 1, 2020
Last Updated: November 12, 2025

Welcome to Starter WP (https://starterwp.com). These Website Terms of Use ("Website Terms") govern your access to and use of our website and informational content. These terms apply only to website visitors and do not constitute a service agreement.

Starter WP, Inc., a Delaware corporation ("Starter WP,” “we,” “us,” “our,” or “Company"), operates this website.

By accessing or using this website, you agree to these Website Terms. If you do not agree to these terms, please do not use the website.

IMPORTANT: Scope of This Document

These Website Terms apply to:
- Access to https://starterwp.com (informational browsing)
- Contact forms and inquiries
- General website functionality
- No paid services or hosting accounts

These Website Terms do NOT apply to:
- Paid service agreements (see Service Terms & Conditions below)
- Managed WordPress hosting services (see Hosting SLA below)
- AI optimization recommendations (see Service Terms & Conditions)
- Your customer website content

If you are a paying Starter WP customer, your relationship is governed by:
1. Service Terms & Conditions (https://starterwp.com/terms-and-conditions/) – for website design, development, and optimization services
2. Hosting Service Level Agreement (SLA) (https://starterwp.com/hosting-sla/) – for managed hosting, uptime guarantees, and support
3. Privacy Policy (https://starterwp.com/privacy-policy/) – for data handling practices
4. Acceptable Use Policy (Section 8 below) – for hosting account restrictions

In case of conflict, Service Terms & Conditions and SLA override these Website Terms for paying customers.

1. Use of the Website

1.1 Permitted Uses

You may use this website for lawful, informational purposes, including:
- Viewing content about our services
- Submitting contact forms or inquiries
- Signing up for paid services
- Downloading resources or documentation
- Subscribing to newsletters (with opt-in consent)

1.2 Prohibited Uses

You agree not to:
- Use the website for any unlawful, illegal, or prohibited purpose
- Violate any applicable laws, regulations, or third-party rights
- Harass, threaten, defame, or abuse other users or Starter WP staff
- Attempt to gain unauthorized access to any systems, databases, or infrastructure
- Reverse-engineer, decompile, or attempt to discover source code or algorithms
- Use bots, crawlers, scrapers, or automated systems to extract data, content, or information from the website
- Perform vulnerability scanning, penetration testing, or security audits without written permission
- Upload, transmit, or distribute malicious code, malware, viruses, or phishing content
- Spam, send unsolicited communications, or engage in commercial solicitation
- Infringe on intellectual property rights (copyrights, trademarks, patents)
- Interfere with or disrupt the website’s normal operation or security

1.3 Enforcement

We reserve the right to:
- Monitor website usage and enforce these terms
- Suspend or terminate access immediately for violations
- Report illegal activity to law enforcement
- Pursue legal action for damages or injunctive relief
- Remove content that violates these terms

We are not obligated to provide notice before suspension for serious violations (malware, hacking attempts, illegal activity).

2. Website Availability & Disclaimers

2.1 No SLA for Website

The Starter WP website (https://starterwp.com) is provided on a best-effort basis with no guaranteed uptime.

Website availability is not covered by an SLA
We do not guarantee continuous, error-free, or secure access
We may perform maintenance, updates, or security patches without advance notice (emergency maintenance)
Scheduled maintenance will be announced with ≥24 hours notice when possible

For hosting SLA guarantees (99.9%-99.99% uptime), see the Hosting SLA (https://starterwp.com/hosting-sla/), which applies only to customer-hosted websites, not to this informational website.

2.2 Status Page

For real-time status updates on our services:
- Starter WP Status Page: https://starterwp.statuspage.io
- Subscribe to incident notifications
- Check hosting status and maintenance windows

2.3 Website Content Accuracy Disclaimer

The website and its content are provided "as is" without any warranty, express or implied. While we strive for accuracy and completeness, we do not guarantee:
- Accuracy, currency, or completeness of information
- Freedom from errors or omissions
- No viruses, malware, or harmful code
- Uninterrupted or error-free access
- Results from using any information on the website

We are not responsible for losses or damages resulting from:
- Your reliance on website content
- Website inaccuracies or omissions
- Unauthorized access or data breaches
- Third-party services or content

3. Third-Party Services & Links

3.1 Third-Party Services We Use

Our website may integrate with or link to third-party services. We use the following service providers:

Payment Processing:
- Square, Inc. (Block, Inc.) (https://squareup.com) – payment processing

Infrastructure & Hosting:
- DigitalOcean LLC (https://www.digitalocean.com) – website hosting and infrastructure

Website Security & Performance:
- Cloudflare, Inc. (https://www.cloudflare.com) – DDoS protection, SSL/TLS encryption, firewall, content delivery

Email Delivery:
- SendGrid (https://sendgrid.com) and/or Mailgun (https://mailgun.com) – transactional and service emails

Analytics:
- Matomo (https://matomo.org) – privacy-friendly website analytics (self-hosted, no third-party sharing)

Customer Portal & Support:
- Starter WP Custom Platform – internally developed, hosted on DigitalOcean

For a complete list of data processors, see our Privacy Policy (https://starterwp.com/privacy-policy/).

3.2 Third-Party Website Links

Our website may contain links to third-party websites, apps, and services. These links are provided for your convenience only.

We are not responsible for:
- Third-party website content, accuracy, or legality
- Third-party privacy practices or data handling
- Third-party security or data breaches
- Any damages or losses from third-party sites

You use third-party links at your own risk. We recommend:
- Reviewing their privacy policies and terms before using their services
- Verifying their legitimacy and security practices
- Understanding their data practices differ from ours

4. Intellectual Property Rights

4.1 Starter WP Ownership

All content on this website—including text, images, videos, graphics, logos, icons, code, design, layout, and branding—is the exclusive property of Starter WP, Inc. or its licensors, unless otherwise explicitly noted.

Content is protected by:
- Copyright law
- Trademark law
- Patent law
- Trade secret protection
- Other intellectual property laws

4.2 Limited License for Website Access

By accessing this website, you receive a limited, non-exclusive, revocable license to:
- View website content for informational purposes
- Print or download content for personal, non-commercial use only

You may not:
- Reproduce, distribute, or republish content without permission
- Modify, translate, or create derivative works
- Use content for commercial purposes or competitive analysis
- Remove copyright, trademark, or other proprietary notices
- Sell, license, or transfer content to others
- Incorporate content into your own website or products

4.3 Customer Content

For customers who upload content to their hosted websites:
- You retain all ownership of your content (pages, posts, images, documents, etc.)
- Starter WP retains a limited license to use anonymized site data for:
- Generating optimization recommendations
- Improving our services
- Anonymized portfolio/case study use (unless you opt out)
- See Service Terms & Conditions Section 6 and Service Terms & Conditions Section 9 for full details

4.4 DMCA Takedown Notice

If you believe content on our website infringes your copyright or intellectual property rights, you may submit a Digital Millennium Copyright Act (DMCA) notice.

DMCA Notice Requirements:
- Identify the copyrighted work allegedly infringed
- Identify the infringing material and its location on our website
- Your name, address, telephone, and email address
- A statement that you have good faith belief the use is not authorized
- A statement under penalty of perjury that you are authorized to act on the copyright holder’s behalf
- Your physical or electronic signature

Submit DMCA notices to:

Email: [email protected]
Mailing Address:
Starter WP, Inc.
Attn: DMCA Agent
3824 Cedar Springs Rd #510
Dallas, TX 75219

Response Timeline:
- We will review notices within 10 business days
- Upon receipt of a valid DMCA notice, we will remove or disable access to alleged infringing content
- We will notify the content provider of the takedown
- If they file a counter-notice, we may reinstate the content unless we receive legal process

DMCA Counter-Notice:
If your content was removed due to DMCA notice and you believe it was removed in error, you may submit a counter-notice with your signature, name, address, statement of good faith belief, and consent to jurisdiction.

5. Privacy & Data Practices

Your use of this website is governed by our Privacy Policy (https://starterwp.com/privacy-policy/), which explains:
- What information we collect
- How we use your information
- How we share information with third parties
- Your privacy rights and choices
- Data security practices

By using this website, you consent to the data practices described in our Privacy Policy.

For questions about privacy, contact: [email protected]

6. Contact Forms & Communications

6.1 Website Inquiries

By submitting a contact form, inquiry, or message through our website, you authorize us to:
- Receive and store your contact information (name, email, phone, message content)
- Contact you via the method you provide
- Use your information to respond to your inquiry or discuss our services
- Send you marketing communications (if you opt in)

Submitting a form does not:
- Create a client or business relationship
- Constitute acceptance of your offer or proposal
- Obligate us to provide services

A binding service agreement exists only when:
- You sign a Service Terms & Conditions agreement, AND
- You complete payment for services

We may send you marketing emails about our services, updates, promotions, or educational content, but only if:
- You explicitly opt in during form submission
- You subscribe to our newsletter
- We have your explicit consent

Unsubscribe Options:
- Click “Unsubscribe” in any marketing email
- Visit https://starterwp.com/unsubscribe/
- Contact us at [email protected]
- Unsubscribe requests are processed within 3 business days

7. Acceptable Use Policy

7.1 General Website Conduct

All users must comply with applicable laws and these Website Terms. Prohibited conduct includes:
- Illegal activities or violations of law
- Harassment, defamation, or abusive behavior
- Discrimination based on protected characteristics
- Copyright or trademark infringement
- Privacy violations
- Unauthorized access or hacking attempts

7.2 Hosting Account Restrictions (For Customers)

If you are a paying Starter WP customer with a hosted website, your account is additionally governed by the Acceptable Use Policy in SLA Section 8, which prohibits:

Malicious Content:
- Malware, viruses, phishing kits, or exploit code
- Hacked or cracked plugins/themes from unauthorized sources
- Ransomware or cryptominers

Illegal & Harmful Content:
- Illegal services, gambling, prescription drugs, weapons
- Child sexual abuse material (CSAM)
- Terrorism or violent extremism content
- Fraud, phishing, or identity theft
- Copyright or trademark infringement

Abusive Conduct:
- Spam or unsolicited bulk email (violates CAN-SPAM, GDPR, CASL)
- Denial-of-service (DDoS) attacks
- Network scanning or unauthorized penetration testing
- Botnet or malicious software distribution

Violation Consequences:
- Immediate account suspension
- Termination without refund
- Deletion of site data after 48-hour remediation period
- Referral to law enforcement if illegal

See SLA Section 8: Client Responsibilities for full details and suspension procedures.

8. Limitation of Liability

8.1 Website Use (Non-Customers)

To the fullest extent permitted by law, Starter WP and its officers, directors, employees, and agents shall not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or goodwill
- Business interruption
- Reputational harm
- Any damages resulting from your use of or inability to use the website

This limitation applies even if Starter WP has been advised of the possibility of such damages.

8.2 Paid Service Customers

This limitation does NOT apply to paying customers. For customers with service agreements, liability is governed by:
- Service Terms & Conditions Section 11 – which caps liability at amounts paid in past 12 months or $1,000 (whichever is greater)
- Exceptions apply for gross negligence, IP infringement, or security breaches

In case of conflict, Service Terms & Conditions Section 11 controls over this Section 8.2.

8.3 No Liability for Third Parties

Starter WP is not liable for content, conduct, or practices of third-party services, websites, or users. Third-party services operate independently.

9. Indemnification

9.1 Your Indemnification (Website Visitors)

You agree to indemnify, defend, and hold harmless Starter WP, Inc., its officers, directors, employees, agents, and affiliates from any claims, damages, liabilities, costs, or expenses (including attorney fees) arising from or related to:
- Your violation of these Website Terms
- Your misuse of the website
- Your infringement of third-party intellectual property rights
- Your violation of applicable laws
- Your content or communications
- Your use of third-party services

9.2 Mutual Indemnification (Service Customers)

For paying customers, indemnification is mutual per Service Terms & Conditions Section 16:

Starter WP indemnifies you against:
- Third-party claims that our services, infrastructure, or software infringe intellectual property rights
- Third-party claims related to our hosting infrastructure

You indemnify Starter WP against:
- Claims related to your content
- Copyright or trademark infringement in your materials
- Legal violations (FTC, GDPR, spam laws, etc.)
- Defamatory or fraudulent content you host

10. Warranties & Disclaimers

10.1 No Warranties

The website and all content are provided "AS IS" without warranties of any kind, express or implied, including:
- Warranty of merchantability
- Warranty of fitness for a particular purpose
- Warranty of non-infringement
- Warranty of accuracy, completeness, or currency
- Warranty of availability, reliability, or uninterrupted service
- Warranty of security or absence of harmful code

10.2 No Professional Advice

Content on this website is provided for informational purposes only and does not constitute:
- Legal advice
- Financial advice
- Business advice
- Technical support
- Medical advice
- Tax advice

Do not rely solely on website content for important decisions. Consult with qualified professionals before acting on any information.

11. Changes to These Website Terms

11.1 Right to Modify

We may update these Website Terms from time to time in our sole discretion. When we make changes:
- The “Last Updated” date at the top will be revised
- We will post updated terms on https://starterwp.com/terms-of-use/
- For material changes, we will provide notice (email or website banner)

11.2 Material vs. Non-Material Changes

Material changes include modifications to:
- Liability limitations
- Indemnification obligations
- Intellectual property rights
- Prohibited conduct
- Fees or charges (if applicable)

Material changes require:
- ≥30 days’ notice (typically via email)
- Your explicit acceptance or ability to opt out
- Clear communication of what changed and why

Non-material clarifications (grammar, reorganization, adding links) may be posted without notice.

11.3 Acceptance of Updated Terms

Your continued use of the website after updated terms take effect constitutes your acceptance of the new terms.

If you do not accept updated terms, you must:
- Stop using the website
- Cancel any paid services (per Service Terms & Conditions)

12. Governing Law & Dispute Resolution

12.1 Governing Law

These Website Terms are governed by and construed under the laws of the State of Delaware, without regard to conflicts of law principles.

12.2 Arbitration Agreement (For Service Customers)

For paying customers, disputes are resolved through binding arbitration per Service Terms & Conditions Section 14:
- Binding arbitration under American Arbitration Association (AAA) rules
- Single arbitrator (for disputes under $100,000) or three arbitrators
- Arbitration conducted in Dallas, Texas or virtually
- Each party bears its own costs unless arbitrator decides otherwise
- Limited right to appeal

For website-only visitors (non-customers), disputes may be resolved in state or federal courts in Dallas, Texas or Delaware, subject to arbitration if you later become a customer.

12.3 Injunctive Relief

Notwithstanding arbitration requirements, either party may seek injunctive relief or provisional remedies in court for:
- Intellectual property infringement
- Breach of confidentiality
- Misuse of proprietary information
- Violations of these terms that cause irreparable harm

13. Severability & Entire Agreement

13.1 Severability

If any provision of these Website Terms is found invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed, and the remaining provisions will continue in full force and effect.

We will replace the severed provision with a valid provision that most closely aligns with the original intent.

13.2 Entire Agreement

These Website Terms, together with our Privacy Policy, Service Terms & Conditions, and Hosting SLA, constitute the entire agreement between you and Starter WP regarding:
- Website access
- Paid services (if applicable)
- All prior agreements, understandings, and communications

If terms conflict, priority is:
1. Service Terms & Conditions (for customers with services)
2. Hosting SLA (for hosting customers)
3. Website Terms of Use (for website visitors)
4. Privacy Policy (for data practices)

14. Assignment & Waiver

14.1 No Assignment by You

You may not assign, transfer, or delegate your rights or obligations under these Website Terms without our prior written consent. Any attempted assignment is void.

Starter WP may assign these terms or your account to an affiliate, successor, or acquirer without notice.

14.2 Waiver

If Starter WP fails to enforce any right or provision, that failure does not constitute a waiver of that right or provision. Our waiver of any breach does not waive any other breach.

15. Accessibility

15.1 Commitment to Accessibility

Starter WP is committed to making our website accessible to all users, including people with disabilities.

We aim to comply with:
- Web Content Accessibility Guidelines (WCAG) 2.1 Level AA
- Americans with Disabilities Act (ADA)
- Other applicable accessibility standards

15.2 Accessibility Issues

If you experience accessibility barriers or difficulties using our website, please contact us:

Email: [email protected]
Phone: Contact via website for phone availability
Mail:
Starter WP, Inc.
3824 Cedar Springs Rd #510
Dallas, TX 75219

We will work to address accessibility issues and provide reasonable accommodations.

16. Contact Us

If you have questions, concerns, or feedback about these Website Terms of Use, please contact:

General Inquiries:
[email protected]

Mailing Address:
Starter WP, Inc.
3824 Cedar Springs Rd #510
Dallas, TX 75219
USA

Privacy Questions:
[email protected]

Service Issues:
[email protected]

DMCA Notices:
[email protected] (see Section 4.4)

Please review these documents for comprehensive information about our services and policies:

Privacy Policy: https://starterwp.com/privacy-policy/
Service Terms & Conditions: https://starterwp.com/terms-and-conditions/
Hosting Service Level Agreement (SLA): https://starterwp.com/hosting-sla/
Status Page: https://starterwp.statuspage.io
Data Processing Agreement (DPA): Contact [email protected] for GDPR/CCPA compliance

These Website Terms of Use are binding. By accessing or using https://starterwp.com, you agree to these terms.