Terms of Service
Related Documents
1. Introduction & Agreement to Terms
These Terms of Service (“Terms”) govern your access to and use of DigiTimber’s website, hosting, managed IT, and related products and services, collectively referred to as the “Services.” Please read these Terms carefully before purchasing or using the Services.
By accessing or using the Services, you agree to these Terms, our Privacy Policy, and any applicable service-specific agreements, operating rules, and policies published by DigiTimber. If you do not agree to these Terms, you may not use the Services.
If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms. References to “you” and “your” include that organization.
Nothing in these Terms excludes or limits any right, remedy, or obligation that cannot lawfully be excluded or limited.
2. Definitions
“Account” means the customer account registered with DigiTimber.
“Customer” means an individual or entity that purchases or uses the Services.
“Billing Account” means the payment account associated with your paid Services.
“Payment Method” means the credit card, debit card, bank account, or other payment method authorized for payment of your Services.
“Client Area” means DigiTimber’s online customer portal used to manage Services, invoices, payment information, and cancellation requests.
“Service Data” means files, email, databases, and other customer content stored as part of an affected Service.
“Suspension” means disabling access to a Service without terminating it. Suspension prevents customer access to the affected Service, its Service Data, and associated backups.
“Termination” means ending a Service, including when a customer cancellation takes effect. Termination ends access to the affected Service and makes its Service Data and retained backups unrecoverable as described in Section 8.
3. Eligibility & Registration
3.1. The Services are not intended for anyone under 13 years of age. By using the Services, you represent that you are at least 13 years old.
3.2. You must provide accurate and complete registration information and keep your Account information current.
3.3. You are responsible for maintaining the confidentiality of your Account credentials and for activities conducted through your Account.
3.4. You must notify DigiTimber immediately of unauthorized Account access or any other security breach.
3.5. You may not use an offensive, vulgar, or obscene username or impersonate another person or entity.
3.6. DigiTimber may suspend or terminate your Account or Services for violations of these Terms.
3.7. DigiTimber may refuse Services to a customer or website whose activities or content, in our reasonable discretion, present a risk to our operations, reputation, security, or compliance obligations.
3.8. You must maintain a valid, accessible email address associated with your Account and review notices sent to that address. Outdated contact information, unread messages, email filtering, or mailbox problems do not excuse missed payments, late fees, suspension, or termination.
3.9. Account ownership transfers must be requested in writing through DigiTimber support. DigiTimber may require identity verification and updated billing information before approving a transfer. DigiTimber is not responsible for ownership disputes between the parties.
4. Payment and Refund Terms
4.1. Payment in advance. Payment for Services is required in advance according to the selected billing cycle, including monthly, quarterly, or annual terms. Recurring Services continue to renew unless canceled through the process described in Section 5 or otherwise ended under an applicable service agreement.
4.2. Automatic renewal payments and cancellation cutoff. When you authorize automatic payment, DigiTimber processes renewal payments using your authorized Payment Method.
4.2.1. Automatic renewal payments are scheduled for 6:00 a.m. Pacific Standard Time (PST), four calendar days before the invoice due date. To prevent an upcoming renewal payment, you must complete the Client Area cancellation process before that scheduled processing time. The invoice due date is not the deadline for preventing an earlier automatic payment.
4.2.2. Payment processing also initiates automated provisioning or renewal of licensing, storage, and other resources for the upcoming Service term. These commitments may occur before the new term begins and may include payment-processing charges and third-party costs that DigiTimber cannot recover. A cancellation submitted after payment processing does not reverse those commitments, even when submitted shortly after the payment receipt or before the next Service term begins.
4.2.3. Any eligible refund following payment processing is governed by Sections 4.4 and 4.5. A post-payment cancellation does not, by itself, create a right to a cash refund.
4.2.4. Removing a Payment Method, allowing it to expire, or permitting a payment to fail does not cancel a Service or eliminate payment obligations properly incurred under the applicable agreement.
4.3. Domain purchases. Domain purchases are for a minimum term of one year and are nonrefundable, except where required by applicable law.
4.4. Refund eligibility. Refunds for Services are available only for prepaid terms exceeding one month and for Accounts in good standing. Services purchased for a single month are nonrefundable. Invoices containing late fees or redemption fees are nonrefundable. Any service-specific refund restrictions stated in the applicable agreement also apply.
4.5. Account credit. Any eligible refunded portion of a prepaid Service term is issued as account credit for future DigiTimber Services. Account credit is nontransferable and cannot be redeemed for cash or returned to the original Payment Method, except as required by applicable law. These restrictions do not override any legally required redemption or repayment obligation.
4.6. Due dates and suspension. Payments must be received by the stated invoice due date and no later than 30 days after the invoice date. The automatic-payment schedule in Section 4.2 may result in payment before that due date. Services may be suspended once an invoice is overdue.
4.7. Termination for nonpayment. Services that remain unpaid may be terminated once payment is 15 calendar days overdue. This period is measured from the invoice due date, not from the date of suspension. Termination has the permanent data-loss consequences described in Section 8. Applicable domain redemption or release fees may also arise from nonpayment.
4.8. Late fees. A late fee may be assessed on an invoice that remains unpaid after its stated due date, regardless of whether the associated Services remain accessible or have been suspended.
4.9. Fixed billing cycles. Services operate on fixed billing cycles. Payment delays, suspension, and reactivation do not change renewal dates. When a suspended Service is reactivated following payment, access is restored only for the remainder of the existing billing period. This provision does not permit restoration of data from a terminated Service.
4.10. No extension for late payment. Late payment does not extend or reset the billing cycle. Time spent suspended for nonpayment remains part of the original Service term and does not qualify for a credit or extension.
4.11. Invoices and notices. DigiTimber sends invoices, payment notices, and automated reminders to the email address associated with your Account. Except where applicable law requires otherwise, these notices are considered delivered when sent. Failure to receive or review a notice because of filtering, mailbox problems, customer configuration, or outdated contact information does not change the payment schedule or cancellation deadline.
4.12. Failed automatic payments. Failure of an automatic payment because of an expired, invalid, declined, or otherwise unusable Payment Method constitutes nonpayment. You are responsible for maintaining a valid Payment Method and ensuring that invoices are paid on time.
4.13. Storage upgrades. Customers whose disk usage reaches or exceeds 95% of their allocated storage will be notified by email. If no response or corrective action is received within 24 hours, DigiTimber may increase the storage allocation in 5 GB increments to maintain continuity of service. The applicable upgrade fee will appear on the next invoice. Customers may contact support to adjust or reverse the upgrade before the invoice is paid containing the upgrade fee.
5. Cancellation & Suspension
5.1. Violations of these Terms. DigiTimber may suspend or terminate Services for violations of these Terms without prior notice, subject to applicable law. The nonpayment timeline in Section 4 does not prevent earlier suspension or termination for a separate violation of these Terms.
5.2. Suspension for nonpayment. Suspension disables customer access to the affected Services, Service Data, and associated backups. Retention of data during suspension does not provide customer access to that data.
5.2.1. All outstanding fees, including applicable late fees and release fees, must be paid in full before suspended access can be restored. Payment must be completed before termination to permit reactivation of the existing Service and access to its retained data.
5.2.2. Payment after termination does not restore the terminated Service’s data or backups.
5.3. Required cancellation method. You must submit a customer-requested cancellation through the cancellation button on the applicable Service’s page in the DigiTimber Client Area. You are responsible for selecting the correct Service, reviewing the cancellation details, and completing the submission.
5.3.1. DigiTimber support provides instructions and assistance with accessing the cancellation process but does not submit cancellations on your behalf. An email, support ticket, telephone call, or statement that you intend to cancel does not complete the Client Area cancellation process.
5.3.2. If you cannot access the cancellation function, contact support promptly for assistance. This requirement does not limit any cancellation method or right that DigiTimber must honor under applicable law.
5.4. Automated cancellation and effective termination. Cancellations are processed automatically in accordance with the request you submit. Do not expect a separate staff approval, telephone call, or additional confirmation before the requested termination occurs.
5.4.1. You must complete necessary downloads, backups, and transfers before the cancellation takes effect and the Service terminates. Submitting a cancellation does not reserve an additional period for retrieving data after termination.
5.4.2. Once the Service terminates, DigiTimber cannot recover or restore its Service Data or backups.
5.4.3. Cancellation does not automatically entitle you to a refund or prorated credit. Any eligible refund is governed by Section 4 and is issued as account credit unless applicable law requires otherwise.
5.5. Chargebacks. Chargebacks may result in a chargeback fee and repayment of amounts properly owed under the affected invoice, to the extent permitted by applicable law. Services may be suspended or terminated upon receipt of a chargeback. This provision does not limit statutory billing-dispute rights.
5.6. Suspension does not pause billing. Suspension for nonpayment does not pause or extend the current billing term.
5.7. Reactivation within the existing term. Reactivation of a suspended Service following payment restores access only for the remainder of the existing billing cycle. No credit or extension is provided for time during which Services were unavailable because of customer nonpayment. A terminated Service’s data cannot be restored through reactivation.
5.8. Domain redemption and restoration. If a domain enters redemption or restoration status because of nonpayment, applicable registrar or registry fees must be paid before restoration or transfer can occur. Those fees are established by the registrar or registry and are not negotiable by DigiTimber.
5.9. Customer backup responsibility. You are responsible for maintaining independent backups of your data. DigiTimber maintains backups for operational and recovery purposes, but those backups are not guaranteed to be complete, current, or available for restoration.
5.9.1. Complete any necessary downloads or transfers before cancellation takes effect or an anticipated suspension begins. If the Service is already suspended, you must resolve the outstanding payment requirements before access can be restored, and you must do so before termination.
5.9.2. To the extent permitted by applicable law, DigiTimber is not liable for data loss resulting from suspension, termination, or customer nonpayment.
6. Prohibited Content & Usage
6.1. DigiTimber reserves the right to determine whether an activity constitutes abuse or creates an unreasonable risk to system stability or security. You may not use the Services for unlawful or prohibited purposes.
6.2. Prohibited content and activities include illegal, abusive, harassing, defamatory, or privacy-invasive content; infringement of another party’s intellectual property rights; phishing websites; spam advertising; link farms; and activities that impose an unreasonable load on DigiTimber’s infrastructure.
6.3. You may not:
6.3.1. Circumvent, disable, or interfere with security-related features of the Services.
6.3.2. Reverse engineer, decompile, or disassemble any part of the Services.
6.3.3. Use automated tools, including bots, spiders, or scrapers, without prior written consent.
6.3.4. Use the Services for high-risk activities where failure could result in harm or damage.
6.3.5. Send unsolicited bulk email, operate mailing lists, or conduct activities that may cause DigiTimber’s IP addresses or servers to be blocklisted.
6.4. DigiTimber may investigate Accounts suspected of violating these Terms. Investigations will be limited to what is reasonably necessary to determine compliance. Customer data will not be accessed except as required by law, to protect system security, or to investigate suspected abuse.
7. System and Network Security
7.1. Violations of system or network security are prohibited and may result in civil or criminal liability. Prohibited activities include introducing malicious software, accessing data or systems without authorization, conducting denial-of-service attacks, and circumventing authentication or security mechanisms.
7.2. DigiTimber may investigate suspected security violations and cooperate with law enforcement.
7.3. Scheduled maintenance, emergency maintenance, and downtime resulting from customer actions or nonpayment do not count toward uptime or service-level commitments.
7.4. Shared hosting plans are subject to reasonable resource limits. Excessive CPU, memory, disk, or network usage that affects overall server performance may result in throttling, suspension, or a required upgrade to a higher-tier plan.
7.5. Some Services depend on third-party providers, including registrars, data centers, software vendors, and network carriers. To the extent permitted by applicable law, DigiTimber is not responsible for disruptions, delays, or data loss caused by those providers’ failures or actions.
8. Data Retention & Backup Policy
8.1. Recovery assistance before termination. DigiTimber offers data recovery assistance upon request where recoverable data remains available. Recovery fees depend on the scope and complexity of the work and will be quoted before work begins. Successful recovery is not guaranteed.
8.1.1. Recovery assistance does not bypass a suspension or the payment requirements in Section 5. It is not available for Service Data or backups made unrecoverable by termination.
8.2. Retention during suspension. Suspension does not itself delete the affected Service’s retained data or backup encryption key. However, customer access to the Service, its data, and associated backups remains disabled until the outstanding payment requirements are satisfied.
8.2.1. For nonpayment, Services may be terminated once payment is 15 calendar days overdue. This is an opportunity to resolve nonpayment before termination, not a period of free access to suspended data or backups. It does not provide an additional 15 days after suspension or after a customer cancellation takes effect.
8.3. Permanent loss of recoverability at termination. When a Service terminates, whether because of nonpayment, an effective customer cancellation, or another basis permitted under these Terms, access to the affected Service ends and the encryption key required to decrypt its retained backup data is deleted.
8.3.1. After termination, DigiTimber cannot recover or restore that Service’s data or backups. There is no post-termination download, retrieval, or recovery period.
8.3.2. Paying an outstanding balance, requesting reactivation, or purchasing a replacement Service after termination does not recover the terminated Service’s data.
8.4. Encrypted remnants after termination. Encrypted backup remnants may remain in backup storage for up to 15 days after termination before being removed through the normal backup retention cycle. Because the required encryption key has been deleted, these remnants cannot be decrypted or restored.
8.4.1. This storage-removal period is separate from the 15-day overdue period preceding termination for nonpayment. Neither period provides customer access or recoverability after termination.
8.5. Retrieval before termination. You must complete all necessary downloads, backups, and transfers before the Service terminates. DigiTimber’s retention of encrypted remnants does not extend the Service, postpone termination, or create an obligation or ability to recover the data afterward.
9. Data Privacy & GDPR
9.1. DigiTimber processes personal data in accordance with applicable privacy laws, including the General Data Protection Regulation where applicable.
9.2. Collection, use, and sharing of personal information are described in our Privacy Policy.
9.3. You may contact DigiTimber support to exercise applicable rights to access, correct, or delete your personal information, subject to applicable legal requirements and exceptions.
10. Indemnification
10.1. You agree to indemnify and hold harmless DigiTimber, its affiliates, and their respective officers, directors, employees, and agents from claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising from or relating to:
10.1.1. Your use of the Services.
10.1.2. Your violation of these Terms.
10.1.3. Your violation of another party’s rights, including intellectual property rights.
10.2.This obligation applies to the extent permitted by applicable law.
11. Limitation of Liability
11.1. To the extent permitted by applicable law, DigiTimber is not liable for indirect, incidental, special, consequential, or punitive damages arising from or relating to your use of the Services.
11.2. To the extent permitted by applicable law, DigiTimber’s total liability for a claim arising from or relating to these Terms or the Services will not exceed the amount you paid DigiTimber during the 12 months preceding the claim.
11.3. The Services are provided on an “as available” and “as is” basis. Except as expressly stated in an applicable service agreement or required by law, DigiTimber makes no express or implied warranty regarding the reliability, accuracy, or suitability of the Services for a particular purpose. Use of the Services is at your own risk.
12. Governing Law & Dispute Resolution
12.1. These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-law principles, except where applicable law requires otherwise.
12.2. Except where applicable law requires otherwise, disputes arising from or relating to these Terms will be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in Washington, unless both parties agree to another dispute-resolution method. The arbitrator’s decision will be final and binding, subject to applicable law.
12.3. DigiTimber is not responsible for delays, interruptions, or failures caused by circumstances beyond our reasonable control, including natural disasters, fires, floods, network or connectivity failures, third-party service outages, strikes, wars, or other events outside our direct control.
13. Changes to Terms
13.1. DigiTimber may modify these Terms. Material changes will be published on our website, with any additional notice or consent required by applicable law. Continued use of the Services after changes become effective constitutes acceptance to the extent permitted by law.
13.2. Changes to payment, renewal, cancellation, and refund provisions apply prospectively following any required notice and acceptance. They do not retroactively eliminate previously issued account credits or refund rights applicable to terms already purchased under an earlier agreement.
13.3. Price changes apply to future billing cycles with at least 30 days’ written notice, delivered by email to the address on file and/or through the Client Area. Price changes do not alter the cost of a previously paid Service term.
14. Contact Information
14.1. If you have any questions about these Terms, please contact us at support@digitimber.com.
Effective Date: January 1, 2025
Last Updated: October 16th, 2026