Digitally Noted Terms of Service and Privacy Policy

1. Terms

By accessing the website at http://digitallynoted.com/, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on DigitallyNoted's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Digitally Noted's website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Digitally Noted at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Digitally Noted's website are provided on an 'as is' basis. Digitally Noted makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Digitally Noted does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Digitally Noted or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on DigitallyNoted's website, even if DigitallyNoted or a DigitallyNoted authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Account and Fee

Client agrees to pay the fixed subscription and variable usage-based fees, if any, for the account type you have selected and agree to any applicable restrictions, including quotas on the amount of storage you are allowed to use. If you exceed any quota allocated to your account, you agree that Digitally Noted may restrict your ability to backup further data until you reduce your storage usage or sign-up to another type of account with a higher quota or no quota at all. If you use a credit card for payment, you authorize Digitally Noted to automatically renew your subscription and charge the then-current renewal fees to the credit card associated with your account unless you notify Digitally Noted in advance that you do not want your subscription renewed. You may cancel your subscription prior to the next billing date to avoid future charges. Service will continue until the end of the current billing period, but no service fees will be refunded.

6. Refunds and Account Termination

If you are unhappy with your service you may cancel your subscription at any time, for any reason. Digitally Noted will refund your account fees starting with next month's billing date until the end of the term of service agreement.
Digitally Noted may terminate your account and these Terms immediately and without notice if you fail to renew your subscription, fail to pay any fees or invoices when due or otherwise fail to comply with these Terms. On termination or expiration of your account or these Terms, you will no longer have the right to continue to use our Software and Services, and you will no longer be able to access and restore your backup data. Digitally Noted will not provide you or anyone else with a copy of your backup data, and may automatically delete your backup data from the system after the account expires or is terminated.

7. Links

DigitallyNoted has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Digitally Noted of the site. Use of any such linked website is at the user's own risk.

8. Modifications

Digitally Noted may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

9. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Rhode Island and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.


Privacy Policy

Your privacy is important to us.

It is Digitally Noted's policy to respect your privacy regarding any information we may collect while operating our website. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Digitally Noted may change this privacy policy from time to time at Digitally Noted's sole discretion.