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Terms of Service

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ToS Addendum
Privacy Policy
Microsoft NCE

1. Introduction & Agreement to Terms

Welcome to DigiTimber! These Terms of Service (“Terms”) govern your access to and use of our services, website, and any related products or services (collectively, the “Services”). Please read these Terms carefully before using the Services.

By accessing or using the Services, you agree to be bound by these Terms, our Privacy Policy, and any other operating rules and policies that may be published by DigiTimber. If you do not agree to these Terms, you may not use the Services.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and all references to “you” or “your” shall include the organization.

2. Definitions

  • “Account”: A user account registered on the Services.
  • “Customer”: Any individual or entity that uses the Services.
  • “Billing Account”: The payment account linked to your use of the paid Services.
  • “Payment Method”: The credit card, debit card, or other payment method you use to pay for the Services.

3. Eligibility & Registration

  1. The Services are not intended for use by anyone under the age of 13. By using the Services, you represent that you are 13 years of age or older.
  2. You agree to provide accurate and complete information during registration and keep your Account information updated.
  3. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.
  4. You must notify DigiTimber immediately of any unauthorized use of your Account or any other security breach.
  5. You may not:
    • Use a username that is offensive, vulgar, or obscene.
    • Impersonate another person or entity.
  6. DigiTimber reserves the right to suspend or terminate your Account if you violate these Terms.

4. Payment Terms

  1. Payment for Services must be made in advance based on the selected billing cycle (monthly, quarterly, or annually).
  2. Automatic payments will be processed unless you remove your Payment Method from our system or notify us in writing to cancel auto-renewal.
  3. All domain purchases are for a minimum term of one year and are non-refundable.
  4. Refunds for services are only available for pre-paid terms exceeding one month for accounts in good standing. Services paid for a single month are non-refundable. Invoices with late fees or redemption fees are non-refundable.
  5. Payments must be received no later than 30 days from the invoice date. A late fee may be assessed, and services may be suspended after 7 days of non-payment.
  6. Non-payment beyond 15 days may result in account termination and associated content or domain release fees.

5. Cancellation & Suspension

  1. DigiTimber reserves the right to suspend or terminate services for any violation of these Terms without prior notice.
  2. If services are suspended or terminated due to non-payment, all outstanding fees, including late fees and release fees, must be paid in full before service restoration.
  3. You may cancel your services at any time by contacting DigiTimber support. Cancellation does not entitle you to a refund unless otherwise specified.
  4. Chargebacks will result in a fee plus re-payment of any invoice effected by the chargeback and services may be terminated immediately upon receipt of chargeback.

6. Prohibited Content & Usage

You agree not to use the Services for any unlawful or prohibited purpose. Prohibited content includes, but is not limited to:

  1. Content that is illegal, abusive, harassing, defamatory, or invasive of another’s privacy.
  2. Content that infringes on the intellectual property rights of others.
  3. Phishing websites, spamvertising, or link farms.
  4. Any activity that imposes an unreasonable load on DigiTimber’s infrastructure.

You may not:

  1. Circumvent, disable, or interfere with security-related features of the Services.
  2. Reverse engineer, decompile, or disassemble any part of the Services.
  3. Use automated tools such as bots, spiders, or scrapers without prior written consent.
  4. Use the Services for high-risk activities where failure could result in harm or damage.

7. System and Network Security

Violations of system or network security are strictly prohibited and may result in criminal or civil liability. Examples include:

  1. Introducing malicious programs (e.g., viruses, worms, Trojan horses).
  2. Unauthorized access to data or systems.
  3. Conducting denial-of-service attacks.
  4. Circumventing authentication or security mechanisms.

DigiTimber reserves the right to investigate and cooperate with law enforcement regarding any suspected security violations.

8. Data Retention & Backup Policy

  1. DigiTimber endeavors to maintain data backups but does not guarantee the existence, accuracy, or completeness of backups.
  2. Customers are responsible for maintaining their own backups of data.
  3. DigiTimber offers data recovery services for a fee upon request.

9. Data Privacy & GDPR

  1. DigiTimber processes personal data in compliance with applicable privacy laws, including the General Data Protection Regulation (GDPR).
  2. By using the Services, you consent to the collection, use, and sharing of your personal information as described in our Privacy Policy.
  3. You have the right to access, correct, or delete your personal data by contacting DigiTimber support.

10. Indemnification

You agree to indemnify and hold harmless DigiTimber, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorney’s fees) arising out of or related to:

  1. Your use of the Services.
  2. Your violation of these Terms.
  3. Your violation of any third-party rights, including intellectual property rights.

11. Limitation of Liability

  1. DigiTimber shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services.
  2. DigiTimber’s total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the amount paid by you to DigiTimber in the twelve (12) months preceding the claim.

12. Governing Law & Dispute Resolution

  1. These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles.
  2. Any disputes arising out of or related to these Terms shall be resolved through binding arbitration in Washington, unless both parties agree to an alternative dispute resolution method.

13. Changes to Terms

DigiTimber reserves the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our website. Your continued use of the Services after the changes become effective constitutes your acceptance of the revised Terms.

14. Contact Information

If you have any questions about these Terms, please contact us at support@digitimber.com.

Effective Date: January 1, 2025

Related Documents

ToS Addendum
Privacy Policy
Microsoft NCE