MyWikis Terms of Service

Last updated: April 21, 2021

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and MyWikis LLC (“we,” “us” or “our”), concerning your access to and use of the MyWikis website (including, but not limited to, mywikis.com, mywikis.org, mywikis.net, the wikis hosted on them, or any other wiki/property hosted by MyWikis) as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

MyWikis LLC is a registered Texas limited liability company based in Texas, United States of America. We operate internationally with respect to the laws of the State of Texas and the United States of America. These Terms shall be governed by the laws of Texas without regard to Texas’s conflicts of law rules.

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental Terms of Service or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.

We may or may not alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Additionally, for entities who are responsible for the creation, maintenance, and payment of a wiki hosted on our Site (hereon referred to as "Wiki Owner"), you are additionally responsible for the actions of your users on your wiki, and these terms dictate your responsibility.

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Service prior to you using the Site.

Section 1. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

Section 2. User Registration and Representations

You may be required to register with the Site, potentially on multiple systems. In each case, you agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Wiki Owners are also treated as users for the purposes of this section, except that Wiki Owners and their designated representatives ("administrators/sysops" and "bureaucrats" and potentially other designations) are given autonomy to manage the users of their own wiki further than what is stated on these terms. However, we reserve the right to make ultimate decisions concerning users.

By using the Site, you represent and warrant that:

(1) all registration information you submit will be true, accurate, current, and complete;

(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;

(3) you have the legal capacity and you agree to comply with these Terms of Service;

(4) you are either age 13 or older, or if you are under 13 years old, your parents must have contacted us to authorize your use according to the provisions of the Children's Online Privacy Protection Act of 1998;

(5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise, unless it is a maintenance bot for your wiki given prior approval by us;

(6) you will not use the Site for any illegal or unauthorized purpose;

(7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof), without refund (if applicable).

Section 3. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site or a Wiki Owner, you agree not to:

  1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. use a buying agent or purchasing agent to make purchases on the Site.
  4. use the Site to advertise or offer to sell goods and services contrary to the wiki's purpose; this specifically does not apply to wiki owners using their wiki to advertise their products.
  5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  6. engage in unauthorized framing of or linking to the Site.
  7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  8. make improper use of our support services or submit false reports of abuse or misconduct.
  9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; except for the use of the API in a manner approved by us.
  10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  11. attempt to impersonate another user or person or use the username of another user.
  12. sell or otherwise transfer your profile.
  13. use any information obtained from the Site in order to harass, abuse, or harm another person.
  14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  17. harass, annoy, intimidate, use profanity towards, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  18. delete the copyright, licensing, or other proprietary rights notice from any Content.
  19. copy or adapt the Site’s software, including but not limited to PHP, HTML, JavaScript, or other code.
  20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  24. use the Site in a manner inconsistent with any applicable laws or regulations.

Violations of these stipulations may result in, but are not limited to: suspension or termination of your account and wiki, without possibility of refund; appropriate legal action against the account holder in order to protect us, the Site, and other Users; and other necessary actions. We reserve the exclusive right to determine whether a violation has occurred and the necessary actions we must take in response.

Section 4. User Generated Contributions

The Site may invite you to chat, contribute to, or participate in wikis, blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Service.
  3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Service.
  4. your Contributions are not false, inaccurate, or misleading.
  5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. your Contributions do not violate any applicable law, regulation, or rule.
  10. your Contributions do not violate the privacy or publicity rights of any third party.
  11. your Contributions do not contain any material that solicits personal information from anyone in a nonconsensual way or exploits people in a sexual or violent manner.
  12. your Contributions do not violate any federal or state law concerning pornography, or otherwise intended to protect the health or well-being of people;
  13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site, without possibility of refund.

Section 5. Contribution License

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

MyWikis shall offer content dumps of wikis through the wiki's Special:Export page or by request on the support system located at https://www.mywikis.com/contact. However, we are under no obligation to offer a comprehensive database dump or the wiki's configuration files, per our privacy policy's data protection policies. Sensitive information lies within our databases. Since sharing a database dump would mean we could not guarantee data security, we cannot share it with any Users.

For corporate users only: If you are a representative of a company, you agree that by requesting to begin a wiki subscription with us, we may use your company's brand and logo only for marketing purposes without explicit notice. This applies regardless of whether you initiate payments to us or not. You agree to allow us to use your company's brand and logo indefinitely. You also agree to hold MyWikis harmless as a result of our usage of your brand. If you do not agree with this clause, you must send MyWikis a written notice through our support system within 30 days of your first payment to us, located at https://www.mywikis.com/contact, indicating you would like to opt-out from our marketing. After we confirm you have been opted out, you will no longer be bound by the terms of this specific clause, although all other parts of this Terms of Service apply.

Section 6. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. We may also choose to extend these rights, in a more limited or full capacity, to Wiki Owners for content on their respective wikis.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Section 7. Third-Party Websites and Content

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. In fact, most Third-Party Content on our Site is added by other users of the Site. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Wiki Owners must be responsible for ensuring compliance with our policies on their wikis. If a wiki is found to not comply with our terms, we may hold the Wiki Owner responsible.

Section 8. Site Management

We reserve the right, but not the obligation, to:

  1. monitor the Site for violations of these Terms of Service;
  2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities;
  3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  4. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
  5. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

In any of the following cases, we are not responsible, nor shall we provide, a refund or credit as a result of taking down, deleting, or otherwise destroying data per the aforementioned enumerated reasons.

Section 9. Copyright Infringements and Digital Millennium Copyright Act (DMCA) Notice and Policy

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us by submitting a message to https://www.mywikis.com/contact (a “Notification”).

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification, as well as the Wiki Owner (if they are not the same person). Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to us by submitting a message to https://www.mywikis.com/contact (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

  1. identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
  2. a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located (namely, the Eastern District of Texas, although this is subject to change);
  3. a statement that you will accept service of process from the party that filed the Notification or the party’s agent;
  4. your name, address, and telephone number;
  5. a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
  6. your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

Section 10. Terms and Termination

These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Section 11. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that our service level agreements (SLAs) are nonbinding and are only goals we strive to achieve. We also reserve the right to change the SLA at any time, temporarily or permanently, without prior warning, for any reason.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Section 12. Governing Law

These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the United States of America and the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.

Section 13. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Section 14. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Section 15. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 16. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

You agree to not sue us, and that any disputes must be resolved by arbitration chosen by us.

Section 17. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Section 18. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Section 19. Billing Policies

Payment methods: MyWikis takes credit cards, bank transfer (EU via SEPA, UK via BACS and CHAPS, and U.S. via ACH), and PayPal. MyWikis bills from the United States (for non-EU customers, under MyWikis LLC) and the United Kingdom (for EU, EEA, Swiss, and UK customers, under MyWikis Europe). If you are outside of the United States, the European Union, or the United Kingdom, you understand that your card issuer, bank, or payments network may charge a foreign transaction fee for any payments MyWikis charges against your card. Card and bank account details are not fully accessible to us and are securely stored encrypted on Stripe's servers. Contact our billing department if you need a credit card removed from your account. You are responsible for keeping your credit card up to date. Our system will send automated reminders when your credit card on file is about to expire, but you will need to provide the new card information before your current card on file expires.

Recurring payments: By providing your credit card information and saving it in our billing system, you authorize us to automatically charge your card at regular intervals (recurring payments). If you no longer consent to your card being charged, you agree to inform us immediately via https://www.mywikis.com/contact by providing us the last 4 digits of the card you no longer wish for us to charge against, and you agree that any payments charged prior to the request being lodged will not be refunded. Any charges made after the request is lodged will be refunded upon request unless it has been used to pay for an outstanding invoice or will be used to pay for a future invoice.

Invoices: Invoices are our unit of billing. Every payment you make will have an invoice backed behind it. You may access your invoices by logging in and visiting them. You can even print them.

Payment rates: MyWikis reserves the right to change the price of a subscription at any time, without any prior notice needed, although we usually will not raise the subscription prices of any existing customers; in other words, any price increases will only apply to future customers unless we state otherwise. MyWikis also reserves the right to price the same product differently in different currencies, in order to account for currency exchange rate differences and fluctuations. By using the Site, you agree to pay using the currency most appropriate to you. For instance, if your address is in the United Kingdom, you agree to use the Pound Sterling (GBP) as payment rather than the Euro (EUR) or the United States Dollar (USD). In case we do not take your local currency, you agree to use the United States Dollar (USD) rate.

Payment finality: By making a payment to MyWikis, you agree that (1) the amount you have paid is correct; (2) you are sure you want to pay this amount, or you are sure that you wish to enter a recurring payment contract to pay this amount each billing cycle; (3) you understand the payment is final and that there are no refunds; and (4) you will not attempt to defraud, swindle, coerce, or otherwise unfairly take back the money paid for services we have rendered. MyWikis shall return any money deemed mistakenly charged; for this, you agree to contact MyWikis first before pursuing action from your credit card company, PayPal, or your bank. You agree to not attempt a credit card chargeback or make a PayPal dispute after we provide you with service, or you will be permanently banned from the Site. MyWikis reserves the right to pursue legal action to reclaim money stolen via chargebacks made for services we have already rendered. MyWikis is under no obligation to return overpaid money, and will treat it as early payment credited to your account to apply for future invoices.

Cancellation: In case you would like to cancel your wiki subscription, you should do so through the Client Panel by logging in and opening a support ticket. By canceling your subscription, you agree that the wiki may be immediately deleted, before the end of the current billing cycle. You also agree that the remaining time left on the subscription will not be refunded in cash, but upon request, we will provide a billing credit towards future use.

Charging schedule: MyWikis will generate an invoice for your payment approximately two weeks before it is due, although we are under no obligation to provide an invoice until the date of billing. We reserve the right to make a charge against the payment method(s) you have on file before the invoice due date, as long as the invoice has been generated. Should you wish to cancel, it is up to you to request cancelation before the next invoice is charged.

Payment delinquency: In case we are unable to bill your payment method(s) for an invoice, we reserve the right to suspend your service(s) as soon as the due date of the unpaid invoice, and keep it suspended until the invoice is paid.

Upgrade prorata: During upgrades from one subscription level to another, an invoice may be generated to cover the difference between now and the next billing date. This difference will be calculated according to prorata rates determined by our software. The price will be between $0 and the full price of the subscription for a certain time period. By upgrading, you agree to pay the calculated prorated amount our system generates.

Automatic upgrades: If your wiki exceeds any quota of your plan (for instance, storage), your wiki can be automatically upgraded to a higher plan. No prior notice is necessary, and the upgrade will not require your permission. Grandfathered price for the upgraded plan is subject to MyWikis discretion.

Refunds: We do not provide refunds unless a billing error has been made (e.g. overcharges, unintended charges, etc.), and are under no obligation at any time to offer refunds. Since we offer the option to try out our demo (completely free of charge and no credit card required) before paying for a wiki subscription, we do not offer any sort of money back guarantee. In some cases, we may provide a billing credit instead of a refund, especially if you intend to continue using our services in future billing cycles. Again, WE DO NOT PROVIDE REFUNDS. If you are unsure whether a MyWikis wiki is the right choice for you, please try our demo first before registering and/or ask our sales department before making a purchase!

Early payment/overpayment: Occasionally, clients will pay earlier before our system is able to generate an invoice. This is normal, given the potential disconnect between PayPal subscriptions' renewal dates and the invoice generation date. In such cases, our system should be able to automatically issue credits to your account, which will be deducted from the amount to be paid on future generated invoices. Should there be a consistent overpayment which grows at a faster rate than your account's spending, the charge rate will be adjusted once it is brought to our attention and the credits on your account applied first before any further transactions are charged to your payment method(s).

Billing errors: The price we advertise is the price at which we bill. If our billing system makes an error, it is your responsibility to let us know so we may fix it, whether there was an undercharge or an overcharge. In case of an overcharge, please see the above clauses on "Payment finality" and "Refunds" for more information. If there is an undercharge, however, we reserve the right to change existing invoices and rectify them at any time, even after an invoice was paid, and we reserve the right to collect payment for the missing amount. We will notify clients should they have been paying less money than was expected. We conduct regular audits of our bills to ensure their accuracy and expect any errors to be rectified. Intentionally hiding an undercharge or refusing to pay back the difference is considered theft and may result in termination of service and legal action.

Wiki suspension due to payment deliquency: If the wiki subscription still cannot be successfully renewed after this grace period, the wiki will be suspended. In other words, it will no longer be available to use and may be able to be restored if payment is made again. Should a wiki be suspended due to delinquent payments, payment may still be due for the time the wiki was suspended.

Section 20. Miscellaneous

These Terms of Service and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Section 21. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at https://www.mywikis.com/contact.

Privacy policy

Last updated: March 9, 2021

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service.

Section P1. Information collected

At MyWikis, we only collect the data that is necessary in the operation of our services. Namely, we collect, from all users:

In addition, we collect the following information from users who sign up for our wiki hosting services, for necessary purposes only:

In addition, we collect the following from users on wikis:

We only use cookies for the essential functioning of our website. This may include, but is not limited to, your user login session. As of March 2021, we do not use cookies for analytics tracking purposes.

We also store this information in our own databases in order to provide our services.

These data may be stored indefinitely by us in order to (1) operate our essential services, (2) assist in our anti-spam compliance, or (3) comply with legal requirements. Most data may be deleted upon request if you decide to leave our services forever. The exception would be your IP address and other browser-identifying information stored in logs, which cannot be deleted on a per-IP address basis, and which we need to keep for anti-spam and legal compliance reasons.

Section P2. How your information is used

At MyWikis, we take safeguarding your data very seriously. Your information is only used for the essential functioning of our website, sending you important updates, in-house marketing, policy compliance, and legal compliance reasons.

We will not share your information with other entities, except when it is necessary for us to provide our services, and for policy compliance and legal compliance reasons. Even if we need to share information, we will only share the bare minimum possible.

Policy compliance: To ensure you are in compliance with our Terms of Service, we reserve the right to use your data internally to ensure you are properly using our website and not violating our Terms. Use of data in this manner will not be shared with anyone else.

Legal compliance: Please be advised our Site and wikis are hosted in the United States. We are subject to United States and Texas laws. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

We will share information with law enforcement only as required by the law and only to comply with a properly-served warrant or subpoena.

Our servers are currently all located within the United States. However, in the event we begin using servers outside of the United States, we reserve the right to transfer your data outside of the United States.

Section P3. How your data is protected

Personal information is secure in our databases, which can only be accessed by us and the person who owns that data, except for usernames, which can be seen by anyone using the site.

If you choose to disclose your personal information publicly on a wiki page, that is not subject to the protections contained herein.

Section P4. Data privacy law compliance (GDPR, LGPD)

MyWikis respects your right to privacy. This section of the privacy policy clarifies our customer-first data collection policies as required by the GDPR and the LGPD. The following section applies to European Union and Brazilian data subjects ONLY.

Your data

What personal data we collect:
On our website and support system: your name, your admin username, your email address, your phone number, and your password for the support website.
On our wikis: your username, your wiki account password, your real name (if you choose to provide it), your gender (if you choose to provide it), your email address (if you choose to provide it), your timezone (if you choose to provide it), your IP address, and the content and images (for private wikis).

Source of data: the MyWikis main website, the MyWikis support website, or any of our wikis that store this information.

Who we share it with: Usernames are public unless your wiki is private. Names given on our website and support system are not shared, but may appear if you provide it on our wikis. For all other data, we do not share your data unless required to be disclosed by law enforcement or governmental institutions with jurisdiction over us.

What we do with the data and why we need to use your data:
Your username is used to identify you publicly on wikis. Your password is encrypted so we do not know its original value, but we use it to keep your account safe.
When creating a wiki, your real name is used to address you on our support website. Your email address and phone number are used to contact you about service updates, wiki creation info, or support ticket information.
If you provide your full name on a wiki, it is used to identify who you are among others. Your gender, if provided, is used to address you with the proper pronouns. Your timezone, if provided, is used to give you your local timezone. Your IP address is only collected on our wikis for spam and doppelganger prevention purposes.
Content and images are used for wiki pages and kept securely in databases/filesystems and only accessible by authentication.

How long we keep the data: All data are kept indefinitely unless you request for us to delete it. This is only applicable to EU and Brazilian data subjects.

Where we store the data and how it is handled: in each application's database or the filesystem, accessible only through proper authentication. It only flows from the database to the website, or to a staff member's computer during inspection. After inspection, the data are destroyed.

Accountability and management

Our data protection officer (DPO) is currently our CTO. Staff are trained to keep your data secure. Sub-processors of data will be listed under a future section titled "our relationship with third parties". Data breaches will be reported within 72 hours via our Twitter account @MyWikis and Medium (https://www.medium.com/mywikis), if not other sources too.

Data rights

You can see all data we have on you (except for the IP addresses the wikis have collected) through your preferences/profile pages on the respective services. You can request for a history of the IP addresses we have tracked you using on our wikis by placing a request on our support system. While we do not use this information actively except for spam prevention or doppelganger account investigations, you may request for us to delete such information.

You can have us transfer this info to yourself or a third party. You can ask for clarification on how we use your personal information (although an explanation already exists in the "Your data" section of this privacy policy). You can rectify incorrect data we have on you. You can ask us to stop using your personal information to market to you (unsubscribing from our email list that we seldom use). You can ask us to keep your data but stop processing it. And lastly, you can object to our practices.

You may use this web-based form to exercise your GDPR rights: data privacy wizard.