Private Policy / Terms of Service
By electronic registration otherwise accessing any of the services offered and provided by Small Business Digital Toolkit LLC and it's agents, accessors, and partners; you hereby agree to be bound by the terms of service in this agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the Services provided hereunder. Please read these terms and conditions carefully, as they describe your legal rights and obligations.
This agreement shall become effective and non refundable as of the date of (1) your electronic submission of any form, (2) the activation of your account with payment or (3) your receipt of an e-mail from Small Business Digital Toolkit confirming your order, whichever happens first.
Small Business Digital Toolkit service is effective on an month to month term or longer if you have a minimum or extended term contract and is automatically renewed for the successive term of the same length at the initial term.
AS MORE FULLY DESCRIBED IN THE TERM AND TERMINATION PROVISIONS CONTAINED IN SECTION 2. EXCEPT AS OTHERWISE PROVIDED HEREIN, EITHER YOU OR SMALL BUSINESS DIGITAL TOOLKIT MAY TERMINATE THIS AGREEMENT (AND YOUR ACCESS TO YOUR ACCOUNT) AT ANY TIME WITH A 30 DAYS NOTICE, OR SMALL BUSINESS DIGITAL TOOLKIT MAY TERMINATE THIS AGREEMENT OR SUSPEND YOUR ACCOUNT WITH NO NOTICE FOR A BREACH OF THIS AGREEMENT. ANY AND ALL OUTSTANDING FEES (INCLUDING WITHOUT LIMITATION THOSE THAT MAY BE OWED UNDER A MINIMUM OR EXTENDED TERM PACKAGE) SHALL BE DUE AND PAYABLE UPON TERMINATION, ALL AS MORE FULLY DESCRIBED IN SECTION 2.
1. DEFINITIONS. For the purposes of this Agreement:
1.1. "Small Business Digital Toolkit Equipment" shall mean computer and telecommunications device, Internet access and/or transmission rights owned, operated, and/or maintained by Small Business Digital Toolkit and affiliates or agents which provide the Small Business Digital Toolkit Services.
1.2. "Small Business Digital Toolkit”, "us," "we," "our" and grammatical variants thereof shall collectively refer to Small Business Digital Toolkit. , a corporation organized and existing under the laws of the State of California, United States of America, located at 3818 Crenshaw Blvd Suite#347 Los Angeles, CA, U.S.A. and its assigns and successors in interest.
1.3. "Small Business Digital Toolkit" shall mean the products and services provided by Small Business Digital Toolkit and/or Small Business Digital Toolkit affiliates, agents, or assigns at any given time, including but not limited to web hosting, e-mail, domain registration, and any associated support services, which services may be changed, amended, and/or otherwise altered at any time in Small Business Digital Toolkit sole discretion.
1.4. "Small Business Digital Toolkit Software" shall mean any software provided by Small Business Digital Toolkit at any given time, whether downloaded to your computer, provided to you on CD or another form of removable media, or utilized online as part of the Small Business Digital Toolkit Services. The Small Business Digital Toolkit Software includes the program and any and all copies or portions thereof, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any.
1.5. "Bandwidth" shall refer to the rate of data transmission in bits per second using Small Business Digital Toolkit's Equipment.
1.6. "Content" shall mean the downloadable files which are interpreted by a client web browser for display with or without plug-ins.
1.7. "Customer Service" shall refer to communication from us to you dealing with problems or questions relating to services provided by us to you.
1.8. "Designated Agent" shall mean an individual or entity that the Prior Registrant or New Registrant explicitly authorizes to approve a Change of Registrant on its behalf.
1.9. "Fee" shall mean monies and other consideration you are obligated to pay to Small Business Digital Toolkit for the right to use the Small Business Digital Toolkit Services and Bandwidth subject to the terms and conditions of this Agreement and of the particular Small Business Digital Toolkit Services for which you have registered, as outlined on the then-current schedule of fees.
1.10. "Fee Schedule" shall mean the fees for the Small Business Digital Toolkit Services as published on the Small Business Digital Toolkit website, which may be modified at any time in Small Business Digital Toolkit’s sole discretion pursuant to the provisions of 23.1.
1.11. "International Customers" shall mean customers residing in or accessing the Small Business Digital Toolkit Services from outside of the United States and Canada.
1.12. "Material Change" means a non-typographical correction. The following will be considered Material Changes:
1.13. "Laws" shall mean the laws, statutes, and regulations then in effect of the United States of America and its various states and dependencies as well as the laws of Your country of residence or the country in which you use or access the Small Business Digital Toolkit Services and the laws of any provinces, states or dependencies thereof.
1.14. "Parties" shall collectively refer to Small Business Digital Toolkit, agents, partners and you.
1.15. "Payment Account" shall refer to the credit card or Pay Pal account provided by You upon registration to pay for Your Services. Small Business Digital Toolkit may add, delete, or modify the methods by which customers can pay for the Small Business Digital Toolkit Services at any time without prior notice, in its sole discretion. Payments processed by Pay Pal are subject to Pay Pal's terms and conditions of service, and Small Business Digital Toolkit makes no representations or warranties with respect to those services.
1.16. "Suspend" or "Suspension" shall include the disabling of, releasing of, disabling of, and/or placing of a registrar lock on your domain name and the cessation of transmission of data to or from Your Web Site or via Your Services.
1.17. "Technical Support" shall refer to communications from us to you dealing with problems or questions relating to technical matters involving software or services provided by us to you.
1.18. "Web Site Space" shall mean a quantity of computer memory allocation, as outlined in the program description for Your Services, generally located on one or more computer storage devices and measured in units of megabytes (MBs) wherein data comprising Your Web Site is stored and is accessible by Small Business Digital Toolkit’s web server equipment.
1.19. "You", "your" and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.
1.20. "Your Data" shall mean any data, including but not limited to advertisements, documents, e-mails, images, movies, web pages, or other Content, related to your use of the Small Business Digital Toolkit Services and stored on or transmitted by the Small Business Digital Toolkit Equipment.
1.21. "Your Web Site" shall mean data transmittable via the Internet by Small Business Digital Toolkit which is stored in your Web Site Space.
1.22. "Your Services" shall mean the specific Small Business Digital Toolkit Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract and to the fees for those Small Business Digital Toolkit Services pursuant to the current Fee Schedule.
2. TERM AND TERMINATION.
2.1. Except as otherwise provided in this Agreement, this Agreement shall be for an initial month to month term and shall be automatically renewed each month for additional one month periods unless and until sooner terminated pursuant to the provisions of this Section 2. Small Business Digital Toolkit may accept prepayment for services to be provided under this Agreement, but such acceptance shall not modify or extend the term of this Agreement. Notwithstanding anything herein to the contrary, Small Business Digital Toolkit offers certain Hosting and other Packages for which the term of this Agreement shall be in excess of one month (the "Extended Term Packages"), at the end of which this Agreement shall automatically renew for additional terms of equal length unless you turn off the auto renew function in your account, in which case this Agreement shall terminate at the end of the then-current term. You will receive notice between 30 and 60 days prior to the end of each term of your Extended Term Package that will alert you that your term is about to renew and will provide you with instructions on how to cancel if you do not wish to renew. These notices will be sent via email at the email account you provide to Small Business Digital Toolkit.
Service fees for web design, domain registration, hosting packages, and flyer distribution are NON-REFUNDABLE AND ARE DUE AND PAYABLE IN ADVANCE for the entire term thereof. Should you choose to terminate your selected service fee prior to the end its term you will not be entitled to a refund. Fees paid for an Extended Term Package shall be refunded to you if this Agreement is terminated by Small Business Digital Toolkit without cause pursuant to Section 2.2. prior to the end of the term of your Extended Term Package in an amount equal to the service fees for the remainder of the term on a prorated basis, or as otherwise agreed to in writing by Small Business Digital Toolkit in its sole discretion. Further notwithstanding anything herein to the contrary, Small Business Digital Toolkit offers certain Packages for which the initial term of this Agreement shall be in excess of one month and shall have minimum term requirements (the "Minimum Term Contract Packages"), at the end of which such initial term this Agreement shall renew automatically on a month-to-month basis pursuant to the terms herein. Any and all service fees for the Minimum Term Contract Packages are due and payable for the entire initial term thereof. Should you choose to terminate your Minimum Term Contract Package prior to the end of its term you authorize Small Business Digital Toolkit to charge the Payment Account for all such fees and charges for the remainder of such initial term. For the purposes of this Section, any modification of the server package may, in the discretion of Small Business Digital Toolkit, be deemed a termination and entitle Small Business Digital Toolkit to the Fees owing on the Minimum Term Contract Package.
2.2. Except as otherwise provided herein, you or Small Business Digital Toolkit may terminate this Agreement at any time for any reason, with or without cause, upon thirty days' written notice. You may terminate your account via the control panel or by notice to Small Business Digital Toolkit as set forth in Section 18.2. Should you terminate via e-mail, you must send the termination notice using the e-mail address which you provided to Small Business Digital Toolkit upon registration or subsequent thereto, in order to ensure the authenticity of the cancellation. Small Business Digital Toolkit may suspend performance under or terminate this agreement and cease transmission of data associated with your web site immediately and without notice:
2.2.1. If Small Business Digital Toolkit, in its sole discretion, deems that you have breached any part of this Agreement, including, without limitation, any warranty or obligation set forth in Section 8,
2.2.2. If your Payment Account provider refuses payment of fees or charges or you refuse authorization for same, or
2.2.3. If payment for the Small Business Digital Toolkit Services is more than five days overdue.
2.3.4 Your Payment Account provider, directly or through third-party service providers, may provide Small Business Digital Toolkit with updated credit card numbers, expiration dates, or other information which may be used to renew services or make payments under this Agreement. Should Small Business Digital Toolkit choose, in its sole discretion, to participate in such auto-update programs, you agree that Small Business Digital Toolkit may share your Payment Account information with such third-party providers and may update Your Payment Account with information provided through such services. You authorize any and all charges to your Payment Account using such updated information, whether or not you or Small Business Digital Toolkit have prior notice of same. Small Business Digital Toolkit cannot guarantee that your Payment Account will be updated, and you acknowledge and agree that it is your responsibility to keep your payment information current and up-to-date at all times and that you shall be liable to Small Business Digital Toolkit for your failure to do so, including for any charges that Small Business Digital Toolkit may incur as a result of your failure to keep your payment information current. Small Business Digital Toolkit shall have no liability for declined payments or incomplete or out-of-date Payment Account information.
2.4. After termination, you will no longer have access to your account and Your Data, including but not limited to e-mails, log files, databases, or other data files associated with your account may be deleted. Small Business Digital Toolkit accepts no liability for such deleted information or content. 3. Description Subject to and conditioned upon Small Business Digital Toolkit’s retained rights and all other terms and conditions set forth in this Agreement, Small Business Digital Toolkit offers the Small Business Digital Toolkit Services as soon as practicable after registration for and payment of any and all fees due. You will receive a password, account and instructions upon completion of the registration process. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify Small Business Digital Toolkit of any unauthorized uses of the account or any other breaches of security. Small Business Digital Toolkit cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Small Business Digital Toolkit be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The Small Business Digital Toolkit Services are subject to the following conditions and restrictions:
3.1. Web Hosting Services
3.1.1 Small Business Digital Toolkit shall provide to you a non-transferable, revocable, non-sublicensable, non-exclusive and limited license to use the amount of Web Site Space allocated to Your Services for your non-exclusive use for the exclusive purpose of storing Your Web Site data and disseminating said data via the Internet through the use of Small Business Digital Toolkit’s Equipment for purposes consistent with this Agreement.
3.1.2 Small Business Digital Toolkit, either directly or through its assignee or licensee, shall provide Customer Service relating to Your Web Site consisting of replying to customer questions or complaints regarding services provided by us to you relating to Your Web Site. Small Business Digital Toolkit is not obligated to provide any Customer Service except as specified in this Section 3. Any and all requests for additional Customer Service may be refused by Small Business Digital Toolkit with or without reason. Any additional Customer Service which Small Business Digital Toolkit may subsequently agree to provide to you shall be at Small Business Digital Toolkit’s sole discretion and once commenced, may be terminated at any time by Small Business Digital Toolkit without notice to you and without any liability to Small Business Digital Toolkit. Notwithstanding the foregoing, Small Business Digital Toolkit at its sole discretion may at any time alter or cease providing the Customer Service which it has agreed to provide to you relating to Your Web Site pursuant to this Agreement without any liability to Small Business Digital Toolkit.
3.1.3 Small Business Digital Toolkit, either directly or through its assignee or licensee, shall provide Technical Support relating to Your Web Site. Any and all requests for Technical Support may be refused by Small Business Digital Toolkit with or without reason, in its sole discretion. Any Technical Support which Small Business Digital Toolkit may subsequently agree to provide to you shall be at Small Business Digital Toolkit’s sole discretion and once commenced, may be terminated at any time by Small Business Digital Toolkit without notice to you and without any liability to Small Business Digital Toolkit.
3.1.4. All use of Web Site Space and provision of services to you by Small Business Digital Toolkit shall be subject to all terms and conditions set forth herein. You may not attempt to expand or alter these rights or Small Business Digital Toolkit’s services by entering into multiple agreements.
3.1.5. Unless provided otherwise in the specifications for your Services, Bandwidth use, including but not limited to data retrieval from your Web Site, e-mail traffic, and downloads, shall not exceed six gigabytes per month. Your combined mailbox use per account shall not exceed twenty-five gigabytes per month. You are responsible for monitoring your Bandwidth and mailbox use, and agree to check your e-mail and download or delete your e-mail on a regular basis in order to ensure compliance with this paragraph. Should you exceed your mailbox use limits Small Business Digital Toolkit may return or reject any and all e-mails sent to you to the originating sender without liability to you. You agree that Small Business Digital Toolkit may debit the Payment Account for usage in excess of permitted amounts at the rates set forth in the then-current Fee Schedule.
3.1.6. Some Small Business Digital Toolkit Services may not be available to International Customers, and Small Business Digital Toolkit reserves the right to alter, amend, or discontinue the provision of some or all of the Small Business Digital Toolkit Services to International Customers in a particular market at any time in Small Business Digital Toolkit’s sole discretion.
3.1.7. Small Business Digital Toolkit may suspend performance under or terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, permanently remove Your Data from the Small Business Digital Toolkit Equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with the relevant Laws if it is informed or otherwise believes, in its sole discretion, that Your Web Site violates the intellectual property rights of any third party or is otherwise the subject of a dispute. As more completely set forth in Sections 6, 7, and 10, you waive any and all claims you may have, now and forever, against Small Business Digital Toolkit relating to the content, use, and operation of Your Web Site and agree to indemnify and hold harmless Small Business Digital Toolkit from and against any such claims.
3.1.8. You are responsible for backing up Your Data on your own computer. Small Business Digital Toolkit does not warrant or otherwise guarantee that it will back up your data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of Your Data. If any of Your Data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account pursuant to this Agreement, Small Business Digital Toolkit will have no obligation or liability to you.
3.1.9. Packages with unlimited web space are initially configured with 50 GB of available web space. All Web Hosting plans, including the unlimited plans, are subject to a limit of no more than 250,000 gigabytes per account for hosting accounts or 500,000 files and folders per account hosting accounts. The available web space capacity for unlimited web space will be checked once daily and, in the event the customer's usage approaches the limits of the available web space, Small Business Digital Toolkit will increase the web space configuration automatically in increments of 20 gigabyte at its discretion at no further cost to the customer, but no more than once per day. Small Business Digital Toolkit reserves the right to move customers to servers which are more suited for that customer's usage, in Small Business Digital Toolkit’s sole discretion, and the customer agrees and understands that during any such move some or all of the Small Business Digital Toolkit services may be unavailable or inaccessible. Packages with unlimited mail space are initially configured with 50 GB of available mail space per mailbox. In the event that the customer's usage approaches the limits of the available mail space, Small Business Digital Toolkit will increase the mail space configuration in increments of 5 gigabyte at no further cost to the customer, in Small Business Digital Toolkit discretion, but no more than once per day. To get your mail space increased please contact Small Business Digital Toolkit Technical Support.
3.2. Domain Name Registration
3.2.1. Should you choose to register a domain name through Small Business Digital Toolkit, Small Business Digital Toolkit will register a second level domain name on your behalf, provided such domain name is available for registration. Small Business Digital Toolkit acts only as an intermediary between you and the organization providing the domain name, and has no influence over the assignment of domain names. The registration of your domain name is subject to the terms and conditions of those registry terms and conditions, and is also subject to the terms of the Uniform Domain Name Dispute Resolution Policy (UDRP). You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions of the UDRP in effect at the time of the dispute. Small Business Digital Toolkit assumes no liability in the event the domain name is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned domain names do not infringe the rights of third parties, or that you will retain the rights to that domain name for any period of time. Upon payment in full of any and all registration fees, Small Business Digital Toolkit shall not own or otherwise legally control any domain name registered on your behalf. You agree that you are responsible for any and all fees and costs related to the registration of your domain name, and you authorize Small Business Digital Toolkit to debit the Payment Account for any such fees and costs. You acknowledge and agree that in the event of termination or expiration of a domain name, Small Business Digital Toolkit shall be the Designated Agent, commencing from the effective date of termination/expiration. Unless terminated, at the end of each term your domain name shall automatically renew for an additional term and you further authorize Small Business Digital Toolkit to debit your Payment Account for the renewal fee associated with such renewal term and any related fees or charges. Should the Payment Account provider fail to honor such renewal fee, Small Business Digital Toolkit may, in its sole discretion, release, cancel, or otherwise dispose of or utilize your domain name as it sees fit, with no obligation to you whatsoever. If a domain is terminated, Small Business Digital Toolkit may delete the domain registration forty (40) days after effective date of such domain name termination. Additionally, Small Business Digital Toolkit may, in its sole discretion, assign the domain name to another party for any and all purposes.
3.2.2. You acknowledge and agree that Small Business Digital Toolkit or its agents, assignees or licensees may associate any data of any kind, in Small Business Digital Toolkit’s sole discretion, with the Domain Name registered in association with Your Web Site or any URL incorporating said Domain Name until you replace such data with Your Web Site, at such times as Your Web Site is no longer available, and upon termination for any reason, for as long as Small Business Digital Toolkit or agent, assignee or licensee continue to be listed as the hosting entity with the domain name registry used to register such Domain Name. This paragraph shall apply to any and all web pages generated by Small Business Digital Toolkit or its affiliates, including but not limited to 404 error pages. You agree that Small Business Digital Toolkit has an non refundable fee for any domain name registration.
3.2.3. The Customer agrees and accepts that, for reasons of security and/or in accordance with ICANN and other registry policies, Small Business Digital Toolkit shall set domain locks under certain circumstances, including but not limited to domain name registrations, domain name transfers, and any Material Changes to domain name owner details. The Customer will nevertheless be able to remove the transfer lock in order to allow a transfer of a domain name which has been applied for by third parties.
3.2.4. You represent and warrant that your domain name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your domain name is otherwise in compliance with the terms of this agreement, in particular the provisions of Section 3.2.8.
3.2.5. You shall inform Small Business Digital Toolkit of any claim or potential claim against your domain name, including but not limited to the initiation of a dispute under the UDRP, within five days of notification of same. Should you lose your right to use a domain name which is used in connection with the Small Business Digital Toolkit Services, whether through expiration of the domain name, judicial decree, administrative decisions of the UDRP or otherwise, you agree to inform Small Business Digital Toolkit immediately of the party to whom the domain name is to be transferred and you authorize Small Business Digital Toolkit to take any and all action necessary to effect such transfer.
3.2.6. Small Business Digital Toolkit will accept the transfer of domain names from other registrars, provided however, that you will be required to pay for an initial year of registration fees upon transfer that is non refundable. Domain names which have been prepaid for a period of more than one year but with fewer than nine years remaining may also be transferred, subject to the payment of an initial year of registration fees. An additional year will be added on to the remaining term of any transferred domain. Domain names with more than nine years remaining on the registration period may not be transferred. Upon the expiration of the one-year extension you will be charged an annual renewal fee for any subsequent renewal period. By requesting the transfer of your domain name you authorize Small Business Digital Toolkit to debit your Payment Account for the one-year registration fee and any related fees or charges.
3.2.7. You acknowledge and agree that in the event a Material Change in respect of a domain name owner is required for any reason, any responsibility and liability for such Material Changes shall be borne solely by the Customer and account owner as the Designated Agent. The full ICANN Transfer Policy is available on ICANN website.
3.2.8. You acknowledge and agree that Small Business Digital Toolkit reserves the right to act as Designated Agent with respect to any Material Change (as such term is defined in the Small Business Digital Toolkit) or update to the domain name owner for any reason, without any liability to the domain name owner. The full ICANN Transfer Policy is available on the ICANN website.
3.2.9. The partner Domain Registration Services offered by Small Business Digital Toolkit are subject to the terms and conditions of Small Business Digital Toolkit’s partnership registration service (the "T&C Private Domain Registration"), which are incorporated herein by reference.
3.2.10. In using our Privacy Service, you agree to opt out of the 60-day transfer lock normally applied following any Material Change (as such term is defined in the Small Business Digital Toolkit GT&C).
3.2.11. You acknowledge and agree that Small Business Digital Toolkit may suspend, cancel, transfer or modify your domain name registration at any time, for any reason, at the Small Business Digital Toolkit’s sole discretion. Without limiting the foregoing, Small Business Digital Toolkit may, in its sole discretion, suspend, cancel, transfer or modify a domain name registration:
1. to correct mistakes made by Small Business Digital Toolkit, another registrar, or the applicable registry administrator,
2. to resolve a dispute related to that domain name,
3. within five (5) calendar days of the creation date of that domain name registration,
4. if you breach this Agreement (including any applicable additional rule or policy),
5. if you use a domain name in connection with unlawful activity.
6. if Small Business Digital Toolkit believes, in its sole discretion, that the domain name has been registered fraudulently
7. upon receipt of a court order or other notification from a court of competent jurisdiction, an arbitration award, or other legal authority requiring the suspension, cancellation, transfer or modification of your domain name registration.
You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN adopted policy, (iii) any registrar (including Small Business Digital Toolkit) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. As more completely set forth in Sections 6, 7, and 10, you waive any and all claims you may have, now and forever, against Small Business Digital Toolkit relating to the suspension, cancellation, transfer or modification of your domain name registration.
3.2.12. You shall have the right to cancel your contract in the event that the initial domain name registration price is greater than the price originally listed by Small Business Digital Toolkit. For the purposes of clarity, this termination right is only in relation to the new TLDs and only under the above circumstances.
3.2.13. You agree, and acknowledge, that some TLDs will have non-uniform renewal registration pricing such that the Fee for a domain name registration renewal may differ from other domain names in the same or other TLDs. You can review Small Business Digital Toolkit’s current renewal fees on the Small Business Digital Toolkit website.
3.2.14. By ordering or applying SSL Certificates in connection with our products, You acknowledge and agree to comply with the Symantec Terms and Conditions set forth on the Small Business Digital Toolkit website.
3.2.15. In the case of a tariff with unlimited SSL certificates, the customer receives an SSL Wildcard certificate for each domain for which he has a current contract with Small Business Digital Toolkit, the SSL Wildcard certificate can be used for all domains administered by 1&1 IONOS; if the customer concludes a new contract which includes a domain with Small Business Digital Toolkit another SSL Wildcard certificate will automatically be assigned.
3.3. Software
3.3.1. Small Business Digital Toolkit may, in its sole discretion, provide you with Small Business Digital Toolkit Software in combination with Your Services. Upon payment of all fees due and owing to Small Business Digital Toolkit under this Agreement, Small Business Digital Toolkit hereby grants, and you hereby accept, a nontransferable, revocable, non-sublicensable, and non-exclusive license to use the Small Business Digital Toolkit Software and all related documentation for your own personal or business use during the term of this Agreement. Any rights not expressly granted herein shall be reserved for Small Business Digital Toolkit. Source code or other information pertaining to the logic design of the Small Business Digital Toolkit Software is specifically excluded from the license granted hereunder.
3.3.2. Although certain Small Business Digital Toolkit Software may be provided free of charge, Small Business Digital Toolkit reserves the right to charge for the Small Business Digital Toolkit Software or any updates thereto or upgrades therefor at any time.
3.3.3. You recognize that the Small Business Digital Toolkit software and all related information, including but not limited to any and all updates, improvements, modifications, enhancements, and information related to installation of the Small Business Digital Toolkit Software at your home or office, are proprietary, and that all rights thereto, including copyright, are owned by Small Business Digital Toolkit agents and partners. You further acknowledge that you have been advised that the Small Business Digital Toolkit Software, including updates, improvements, modifications, enhancements, and information related to installation, constitutes a trade secret of Small Business Digital Toolkit, is protected by civil and criminal law, and by the law of copyright, is valuable and confidential to Small Business Digital Toolkit, and that its use and disclosure must be carefully and continuously controlled.
3.3.4. Small Business Digital Toolkit shall at all times retain title to all the Small Business Digital Toolkit Software and all related information, including all updates, improvements, modifications and enhancements, furnished to you hereunder.
3.3.5. Unless provided otherwise in the specifications for Your Services, the Small Business Digital Toolkit Software supplied hereunder is for the your personal or business use. You shall not permit any third party to use the Small Business Digital Toolkit Software or allow access to the Small Business Digital Toolkit Software from sites outside of your home or business premises except as specifically authorized in writing by Small Business Digital Toolkit. The Small Business Digital Toolkit Software is to be used only for the purposes specified in this Agreement and specifically as restricted in the following three subparagraphs of this Section 3.
3.3.6. While this Agreement is in effect, or while you have custody or possession of any of the Software, you will not: (i) reproduce, copy or publicly display, or permit anyone else to reproduce, copy or publicly display, any of the Small Business Digital Toolkit Software, whether such Small Business Digital Toolkit Software is in written, magnetic or any other form, except pursuant to reasonable backup procedures, or for use in Your Web Site pursuant to this Agreement, nor; (ii) provide or make the Small Business Digital Toolkit Software available to any person or entity other than your employees or agents who have a need to know consistent with your use thereof under this Agreement, nor; (iii) create or attempt to create, or permit others to create or attempt to create, by disassembling, reverse engineering or otherwise, the source programs or any part thereof from the object program or from other information (whether oral, written, tangible or intangible) made available to you under this Agreement, nor; (iv) copy for your own use or the use of others operator manuals, system reference guides, training materials and other user-oriented materials without the prior written consent of Small Business Digital Toolkit. In order to protect Small Business Digital Toolkit’s trade secrets and copyrights in the Small Business Digital Toolkit Software, you agree to reproduce and incorporate Small Business Digital Toolkit’s trade secrets or copyright notice in any copies, modifications or partial copies.
3.3.7. You agree to notify Small Business Digital Toolkit forthwith if you obtain information as to any unauthorized possession, use or disclosure of any Small Business Digital Toolkit Software by any person or entity, and further agree to cooperate with Small Business Digital Toolkit at Small Business Digital Toolkit’s expense, in protecting Small Business Digital Toolkit’s proprietary rights.
3.3.8. Unless agreed otherwise in writing by Small Business Digital Toolkit, the Small Business Digital Toolkit Software may be used only on a single computer or workstation. Small Business Digital Toolkit software designed for use on portable workstations may be installed on both a portable and a stationary computer but may not be used on both simultaneously. You may not install the Small Business Digital Toolkit Software on a network except to facilitate permissible installation of the Small Business Digital Toolkit Software on computers attached to the network. You warrant and guarantee that all users of the software shall be aware of and comply with the terms of this license.
3.3.9. Certain Small Business Digital Toolkit Software is provided for online use as part of the Small Business Digital Toolkit Services (the "Small Business Digital Toolkit Online Software"), and the use of such software may be subject to fees as outlined in the current Fee Schedule in accordance with this Agreement. The Small Business Digital Toolkit Online Software is hosted software which runs directly on Small Business Digital Toolkit’s servers and agents partners, and you may not download, install, store or make any copies of the Small Business Digital Toolkit Online Software, nor may you sublicense the Small Business Digital Toolkit Online Software. You agree not in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Small Business Digital Toolkit Online Software or any copies thereof and not to assist any third party in doing so. The Small Business Digital Toolkit Online Software is designed to be used through the Small Business Digital Toolkit user interface and, as such, may be utilized by any authorized user from any computer or workstation. This license is automatically revoked upon termination of this Agreement. Small Business Digital Toolkit reserves the right to suspend the use of, modify or discontinue the Small Business Digital Toolkit Online Software for any or all customers at any time without notice. Certain Online Software is also Third Party Software, and is subject to the applicable provisions of 2.3.10. Small Business Digital Toolkit may limit the functionality of any such third party Online Software, in its sole discretion.
3.3.10. Small Business Digital Toolkit provides its customers with the ability to order certain third-party software (the "Third Party Software"), depending on the hosting package ordered. Except for Third Party Software which is also Online Software, such Third Party Software is delivered to Small Business Digital Toolkit Customers by mail and may be ordered via customer's control panel for a period of six months after the commencement of the Small Business Digital Toolkit Services. The license conditions governing the use of the Third Party Software may differ from Small Business Digital Toolkit’s own software licenses. Customers of Small Business Digital Toolkit are bound by the conditions of all licenses pertaining to such Third Party Software and should make themselves familiar with their terms and conditions. Some such Third Party Software is provided under license from Microsoft Corporation ("Microsoft Software"), and Customers using Microsoft Software are bound by the T&C Microsoft Software Products, which are incorporated herein by reference. Small Business Digital Toolkit does not provide Technical Support for the Third Party Software.
THE THIRD PARTY SOFTWARE IS OFFERED "AS-IS." THE PROVISION AND OFFERING OF THIRD PARTY SOFTWARE BY SMALL BUSINESS DIGITAL TOOLKIT DOES NOT CONSTITUTE AN ENDORSEMENT OF THE THIRD PARTY SOFTWARE, NOR CAN SMALL BUSINESS DIGITAL TOOLKIT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE AND FUNCTIONALITY OF SUCH THIRD PARTY SOFTWARE.
3.3.11. In the event of termination of this Agreement, or upon any act which shall give rise to Small Business Digital Toolkit’s right to terminate, or upon the expiration of the license for Small Business Digital Toolkit Software which is subject to a limited-duration license, any and all licenses granted under this Section 3.3 shall terminate automatically, and you will remove, erase or destroy the Small Business Digital Toolkit Software and documentation and all copies thereof, wherever located, without demand, notice and non refundable.
3.3.12. Small Business Digital Toolkit may stop providing the Software or any updates thereto, including but not limited to the Online Software or the Third-Party Software, at any time without notice or any further liability to You.
3.3.13. Software for International Customers is available for download only. Certain Software (including Third-Party Software) may not be available to International Customers.
3.3.14. Small Business Digital Toolkit cannot guarantee that the domain name or the TLD will be registered at the registry. Small Business Digital Toolkit cannot guarantee that the TLD will become available to the general public or be available from Small Business Digital Toolkit. The TLD may have special registration Terms & Conditions and/or restrictions that are currently not known. Small Business Digital Toolkit cannot guarantee that you will be able to conform to these T&CS and therefore may not be allowed to register the domain name on your behalf because of said Terms & Conditions and/or restrictions. Should such a situation arise, you have the right to cancel your binding pre-registration and will not incur any costs. Should the domain name not be registered at the registry and the TLD not become available, then you will not incur any costs.
Drop Shipping:
Small Business Digital Toolkit LLC charges a one time non-refundable setup fee to synced products, and connect the software to your drop shipper partner. Small Business Digital Toolkit is not responsible for any third-party app, platform malfunctions, errors, or terms of service policies. Our drop shipping building design cost varies by business needs, products, and activity.
By electronic registration otherwise accessing any of the services offered and provided by Small Business Digital Toolkit LLC and it's agents, accessors, and partners; you hereby agree to be bound by the terms of service in this agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the Services provided hereunder. Please read these terms and conditions carefully, as they describe your legal rights and obligations.
This agreement shall become effective and non refundable as of the date of (1) your electronic submission of any form, (2) the activation of your account with payment or (3) your receipt of an e-mail from Small Business Digital Toolkit confirming your order, whichever happens first.
Small Business Digital Toolkit service is effective on an month to month term or longer if you have a minimum or extended term contract and is automatically renewed for the successive term of the same length at the initial term.
AS MORE FULLY DESCRIBED IN THE TERM AND TERMINATION PROVISIONS CONTAINED IN SECTION 2. EXCEPT AS OTHERWISE PROVIDED HEREIN, EITHER YOU OR SMALL BUSINESS DIGITAL TOOLKIT MAY TERMINATE THIS AGREEMENT (AND YOUR ACCESS TO YOUR ACCOUNT) AT ANY TIME WITH A 30 DAYS NOTICE, OR SMALL BUSINESS DIGITAL TOOLKIT MAY TERMINATE THIS AGREEMENT OR SUSPEND YOUR ACCOUNT WITH NO NOTICE FOR A BREACH OF THIS AGREEMENT. ANY AND ALL OUTSTANDING FEES (INCLUDING WITHOUT LIMITATION THOSE THAT MAY BE OWED UNDER A MINIMUM OR EXTENDED TERM PACKAGE) SHALL BE DUE AND PAYABLE UPON TERMINATION, ALL AS MORE FULLY DESCRIBED IN SECTION 2.
1. DEFINITIONS. For the purposes of this Agreement:
1.1. "Small Business Digital Toolkit Equipment" shall mean computer and telecommunications device, Internet access and/or transmission rights owned, operated, and/or maintained by Small Business Digital Toolkit and affiliates or agents which provide the Small Business Digital Toolkit Services.
1.2. "Small Business Digital Toolkit”, "us," "we," "our" and grammatical variants thereof shall collectively refer to Small Business Digital Toolkit. , a corporation organized and existing under the laws of the State of California, United States of America, located at 3818 Crenshaw Blvd Suite#347 Los Angeles, CA, U.S.A. and its assigns and successors in interest.
1.3. "Small Business Digital Toolkit" shall mean the products and services provided by Small Business Digital Toolkit and/or Small Business Digital Toolkit affiliates, agents, or assigns at any given time, including but not limited to web hosting, e-mail, domain registration, and any associated support services, which services may be changed, amended, and/or otherwise altered at any time in Small Business Digital Toolkit sole discretion.
1.4. "Small Business Digital Toolkit Software" shall mean any software provided by Small Business Digital Toolkit at any given time, whether downloaded to your computer, provided to you on CD or another form of removable media, or utilized online as part of the Small Business Digital Toolkit Services. The Small Business Digital Toolkit Software includes the program and any and all copies or portions thereof, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any.
1.5. "Bandwidth" shall refer to the rate of data transmission in bits per second using Small Business Digital Toolkit's Equipment.
1.6. "Content" shall mean the downloadable files which are interpreted by a client web browser for display with or without plug-ins.
1.7. "Customer Service" shall refer to communication from us to you dealing with problems or questions relating to services provided by us to you.
1.8. "Designated Agent" shall mean an individual or entity that the Prior Registrant or New Registrant explicitly authorizes to approve a Change of Registrant on its behalf.
1.9. "Fee" shall mean monies and other consideration you are obligated to pay to Small Business Digital Toolkit for the right to use the Small Business Digital Toolkit Services and Bandwidth subject to the terms and conditions of this Agreement and of the particular Small Business Digital Toolkit Services for which you have registered, as outlined on the then-current schedule of fees.
1.10. "Fee Schedule" shall mean the fees for the Small Business Digital Toolkit Services as published on the Small Business Digital Toolkit website, which may be modified at any time in Small Business Digital Toolkit’s sole discretion pursuant to the provisions of 23.1.
1.11. "International Customers" shall mean customers residing in or accessing the Small Business Digital Toolkit Services from outside of the United States and Canada.
1.12. "Material Change" means a non-typographical correction. The following will be considered Material Changes:
- a) A change to the domain name owner’s name or organization that does not appear to be merely a typographical correction;
- b) Any change to the domain name owner’s name or organization that is accompanied by a change of address or phone number; and
- c) Any change to the domain name owner’s email address.
1.13. "Laws" shall mean the laws, statutes, and regulations then in effect of the United States of America and its various states and dependencies as well as the laws of Your country of residence or the country in which you use or access the Small Business Digital Toolkit Services and the laws of any provinces, states or dependencies thereof.
1.14. "Parties" shall collectively refer to Small Business Digital Toolkit, agents, partners and you.
1.15. "Payment Account" shall refer to the credit card or Pay Pal account provided by You upon registration to pay for Your Services. Small Business Digital Toolkit may add, delete, or modify the methods by which customers can pay for the Small Business Digital Toolkit Services at any time without prior notice, in its sole discretion. Payments processed by Pay Pal are subject to Pay Pal's terms and conditions of service, and Small Business Digital Toolkit makes no representations or warranties with respect to those services.
1.16. "Suspend" or "Suspension" shall include the disabling of, releasing of, disabling of, and/or placing of a registrar lock on your domain name and the cessation of transmission of data to or from Your Web Site or via Your Services.
1.17. "Technical Support" shall refer to communications from us to you dealing with problems or questions relating to technical matters involving software or services provided by us to you.
1.18. "Web Site Space" shall mean a quantity of computer memory allocation, as outlined in the program description for Your Services, generally located on one or more computer storage devices and measured in units of megabytes (MBs) wherein data comprising Your Web Site is stored and is accessible by Small Business Digital Toolkit’s web server equipment.
1.19. "You", "your" and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.
1.20. "Your Data" shall mean any data, including but not limited to advertisements, documents, e-mails, images, movies, web pages, or other Content, related to your use of the Small Business Digital Toolkit Services and stored on or transmitted by the Small Business Digital Toolkit Equipment.
1.21. "Your Web Site" shall mean data transmittable via the Internet by Small Business Digital Toolkit which is stored in your Web Site Space.
1.22. "Your Services" shall mean the specific Small Business Digital Toolkit Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract and to the fees for those Small Business Digital Toolkit Services pursuant to the current Fee Schedule.
2. TERM AND TERMINATION.
2.1. Except as otherwise provided in this Agreement, this Agreement shall be for an initial month to month term and shall be automatically renewed each month for additional one month periods unless and until sooner terminated pursuant to the provisions of this Section 2. Small Business Digital Toolkit may accept prepayment for services to be provided under this Agreement, but such acceptance shall not modify or extend the term of this Agreement. Notwithstanding anything herein to the contrary, Small Business Digital Toolkit offers certain Hosting and other Packages for which the term of this Agreement shall be in excess of one month (the "Extended Term Packages"), at the end of which this Agreement shall automatically renew for additional terms of equal length unless you turn off the auto renew function in your account, in which case this Agreement shall terminate at the end of the then-current term. You will receive notice between 30 and 60 days prior to the end of each term of your Extended Term Package that will alert you that your term is about to renew and will provide you with instructions on how to cancel if you do not wish to renew. These notices will be sent via email at the email account you provide to Small Business Digital Toolkit.
Service fees for web design, domain registration, hosting packages, and flyer distribution are NON-REFUNDABLE AND ARE DUE AND PAYABLE IN ADVANCE for the entire term thereof. Should you choose to terminate your selected service fee prior to the end its term you will not be entitled to a refund. Fees paid for an Extended Term Package shall be refunded to you if this Agreement is terminated by Small Business Digital Toolkit without cause pursuant to Section 2.2. prior to the end of the term of your Extended Term Package in an amount equal to the service fees for the remainder of the term on a prorated basis, or as otherwise agreed to in writing by Small Business Digital Toolkit in its sole discretion. Further notwithstanding anything herein to the contrary, Small Business Digital Toolkit offers certain Packages for which the initial term of this Agreement shall be in excess of one month and shall have minimum term requirements (the "Minimum Term Contract Packages"), at the end of which such initial term this Agreement shall renew automatically on a month-to-month basis pursuant to the terms herein. Any and all service fees for the Minimum Term Contract Packages are due and payable for the entire initial term thereof. Should you choose to terminate your Minimum Term Contract Package prior to the end of its term you authorize Small Business Digital Toolkit to charge the Payment Account for all such fees and charges for the remainder of such initial term. For the purposes of this Section, any modification of the server package may, in the discretion of Small Business Digital Toolkit, be deemed a termination and entitle Small Business Digital Toolkit to the Fees owing on the Minimum Term Contract Package.
2.2. Except as otherwise provided herein, you or Small Business Digital Toolkit may terminate this Agreement at any time for any reason, with or without cause, upon thirty days' written notice. You may terminate your account via the control panel or by notice to Small Business Digital Toolkit as set forth in Section 18.2. Should you terminate via e-mail, you must send the termination notice using the e-mail address which you provided to Small Business Digital Toolkit upon registration or subsequent thereto, in order to ensure the authenticity of the cancellation. Small Business Digital Toolkit may suspend performance under or terminate this agreement and cease transmission of data associated with your web site immediately and without notice:
2.2.1. If Small Business Digital Toolkit, in its sole discretion, deems that you have breached any part of this Agreement, including, without limitation, any warranty or obligation set forth in Section 8,
2.2.2. If your Payment Account provider refuses payment of fees or charges or you refuse authorization for same, or
2.2.3. If payment for the Small Business Digital Toolkit Services is more than five days overdue.
2.3.4 Your Payment Account provider, directly or through third-party service providers, may provide Small Business Digital Toolkit with updated credit card numbers, expiration dates, or other information which may be used to renew services or make payments under this Agreement. Should Small Business Digital Toolkit choose, in its sole discretion, to participate in such auto-update programs, you agree that Small Business Digital Toolkit may share your Payment Account information with such third-party providers and may update Your Payment Account with information provided through such services. You authorize any and all charges to your Payment Account using such updated information, whether or not you or Small Business Digital Toolkit have prior notice of same. Small Business Digital Toolkit cannot guarantee that your Payment Account will be updated, and you acknowledge and agree that it is your responsibility to keep your payment information current and up-to-date at all times and that you shall be liable to Small Business Digital Toolkit for your failure to do so, including for any charges that Small Business Digital Toolkit may incur as a result of your failure to keep your payment information current. Small Business Digital Toolkit shall have no liability for declined payments or incomplete or out-of-date Payment Account information.
2.4. After termination, you will no longer have access to your account and Your Data, including but not limited to e-mails, log files, databases, or other data files associated with your account may be deleted. Small Business Digital Toolkit accepts no liability for such deleted information or content. 3. Description Subject to and conditioned upon Small Business Digital Toolkit’s retained rights and all other terms and conditions set forth in this Agreement, Small Business Digital Toolkit offers the Small Business Digital Toolkit Services as soon as practicable after registration for and payment of any and all fees due. You will receive a password, account and instructions upon completion of the registration process. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify Small Business Digital Toolkit of any unauthorized uses of the account or any other breaches of security. Small Business Digital Toolkit cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Small Business Digital Toolkit be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The Small Business Digital Toolkit Services are subject to the following conditions and restrictions:
3.1. Web Hosting Services
3.1.1 Small Business Digital Toolkit shall provide to you a non-transferable, revocable, non-sublicensable, non-exclusive and limited license to use the amount of Web Site Space allocated to Your Services for your non-exclusive use for the exclusive purpose of storing Your Web Site data and disseminating said data via the Internet through the use of Small Business Digital Toolkit’s Equipment for purposes consistent with this Agreement.
3.1.2 Small Business Digital Toolkit, either directly or through its assignee or licensee, shall provide Customer Service relating to Your Web Site consisting of replying to customer questions or complaints regarding services provided by us to you relating to Your Web Site. Small Business Digital Toolkit is not obligated to provide any Customer Service except as specified in this Section 3. Any and all requests for additional Customer Service may be refused by Small Business Digital Toolkit with or without reason. Any additional Customer Service which Small Business Digital Toolkit may subsequently agree to provide to you shall be at Small Business Digital Toolkit’s sole discretion and once commenced, may be terminated at any time by Small Business Digital Toolkit without notice to you and without any liability to Small Business Digital Toolkit. Notwithstanding the foregoing, Small Business Digital Toolkit at its sole discretion may at any time alter or cease providing the Customer Service which it has agreed to provide to you relating to Your Web Site pursuant to this Agreement without any liability to Small Business Digital Toolkit.
3.1.3 Small Business Digital Toolkit, either directly or through its assignee or licensee, shall provide Technical Support relating to Your Web Site. Any and all requests for Technical Support may be refused by Small Business Digital Toolkit with or without reason, in its sole discretion. Any Technical Support which Small Business Digital Toolkit may subsequently agree to provide to you shall be at Small Business Digital Toolkit’s sole discretion and once commenced, may be terminated at any time by Small Business Digital Toolkit without notice to you and without any liability to Small Business Digital Toolkit.
3.1.4. All use of Web Site Space and provision of services to you by Small Business Digital Toolkit shall be subject to all terms and conditions set forth herein. You may not attempt to expand or alter these rights or Small Business Digital Toolkit’s services by entering into multiple agreements.
3.1.5. Unless provided otherwise in the specifications for your Services, Bandwidth use, including but not limited to data retrieval from your Web Site, e-mail traffic, and downloads, shall not exceed six gigabytes per month. Your combined mailbox use per account shall not exceed twenty-five gigabytes per month. You are responsible for monitoring your Bandwidth and mailbox use, and agree to check your e-mail and download or delete your e-mail on a regular basis in order to ensure compliance with this paragraph. Should you exceed your mailbox use limits Small Business Digital Toolkit may return or reject any and all e-mails sent to you to the originating sender without liability to you. You agree that Small Business Digital Toolkit may debit the Payment Account for usage in excess of permitted amounts at the rates set forth in the then-current Fee Schedule.
3.1.6. Some Small Business Digital Toolkit Services may not be available to International Customers, and Small Business Digital Toolkit reserves the right to alter, amend, or discontinue the provision of some or all of the Small Business Digital Toolkit Services to International Customers in a particular market at any time in Small Business Digital Toolkit’s sole discretion.
3.1.7. Small Business Digital Toolkit may suspend performance under or terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, permanently remove Your Data from the Small Business Digital Toolkit Equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with the relevant Laws if it is informed or otherwise believes, in its sole discretion, that Your Web Site violates the intellectual property rights of any third party or is otherwise the subject of a dispute. As more completely set forth in Sections 6, 7, and 10, you waive any and all claims you may have, now and forever, against Small Business Digital Toolkit relating to the content, use, and operation of Your Web Site and agree to indemnify and hold harmless Small Business Digital Toolkit from and against any such claims.
3.1.8. You are responsible for backing up Your Data on your own computer. Small Business Digital Toolkit does not warrant or otherwise guarantee that it will back up your data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of Your Data. If any of Your Data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account pursuant to this Agreement, Small Business Digital Toolkit will have no obligation or liability to you.
3.1.9. Packages with unlimited web space are initially configured with 50 GB of available web space. All Web Hosting plans, including the unlimited plans, are subject to a limit of no more than 250,000 gigabytes per account for hosting accounts or 500,000 files and folders per account hosting accounts. The available web space capacity for unlimited web space will be checked once daily and, in the event the customer's usage approaches the limits of the available web space, Small Business Digital Toolkit will increase the web space configuration automatically in increments of 20 gigabyte at its discretion at no further cost to the customer, but no more than once per day. Small Business Digital Toolkit reserves the right to move customers to servers which are more suited for that customer's usage, in Small Business Digital Toolkit’s sole discretion, and the customer agrees and understands that during any such move some or all of the Small Business Digital Toolkit services may be unavailable or inaccessible. Packages with unlimited mail space are initially configured with 50 GB of available mail space per mailbox. In the event that the customer's usage approaches the limits of the available mail space, Small Business Digital Toolkit will increase the mail space configuration in increments of 5 gigabyte at no further cost to the customer, in Small Business Digital Toolkit discretion, but no more than once per day. To get your mail space increased please contact Small Business Digital Toolkit Technical Support.
3.2. Domain Name Registration
3.2.1. Should you choose to register a domain name through Small Business Digital Toolkit, Small Business Digital Toolkit will register a second level domain name on your behalf, provided such domain name is available for registration. Small Business Digital Toolkit acts only as an intermediary between you and the organization providing the domain name, and has no influence over the assignment of domain names. The registration of your domain name is subject to the terms and conditions of those registry terms and conditions, and is also subject to the terms of the Uniform Domain Name Dispute Resolution Policy (UDRP). You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions of the UDRP in effect at the time of the dispute. Small Business Digital Toolkit assumes no liability in the event the domain name is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned domain names do not infringe the rights of third parties, or that you will retain the rights to that domain name for any period of time. Upon payment in full of any and all registration fees, Small Business Digital Toolkit shall not own or otherwise legally control any domain name registered on your behalf. You agree that you are responsible for any and all fees and costs related to the registration of your domain name, and you authorize Small Business Digital Toolkit to debit the Payment Account for any such fees and costs. You acknowledge and agree that in the event of termination or expiration of a domain name, Small Business Digital Toolkit shall be the Designated Agent, commencing from the effective date of termination/expiration. Unless terminated, at the end of each term your domain name shall automatically renew for an additional term and you further authorize Small Business Digital Toolkit to debit your Payment Account for the renewal fee associated with such renewal term and any related fees or charges. Should the Payment Account provider fail to honor such renewal fee, Small Business Digital Toolkit may, in its sole discretion, release, cancel, or otherwise dispose of or utilize your domain name as it sees fit, with no obligation to you whatsoever. If a domain is terminated, Small Business Digital Toolkit may delete the domain registration forty (40) days after effective date of such domain name termination. Additionally, Small Business Digital Toolkit may, in its sole discretion, assign the domain name to another party for any and all purposes.
3.2.2. You acknowledge and agree that Small Business Digital Toolkit or its agents, assignees or licensees may associate any data of any kind, in Small Business Digital Toolkit’s sole discretion, with the Domain Name registered in association with Your Web Site or any URL incorporating said Domain Name until you replace such data with Your Web Site, at such times as Your Web Site is no longer available, and upon termination for any reason, for as long as Small Business Digital Toolkit or agent, assignee or licensee continue to be listed as the hosting entity with the domain name registry used to register such Domain Name. This paragraph shall apply to any and all web pages generated by Small Business Digital Toolkit or its affiliates, including but not limited to 404 error pages. You agree that Small Business Digital Toolkit has an non refundable fee for any domain name registration.
3.2.3. The Customer agrees and accepts that, for reasons of security and/or in accordance with ICANN and other registry policies, Small Business Digital Toolkit shall set domain locks under certain circumstances, including but not limited to domain name registrations, domain name transfers, and any Material Changes to domain name owner details. The Customer will nevertheless be able to remove the transfer lock in order to allow a transfer of a domain name which has been applied for by third parties.
3.2.4. You represent and warrant that your domain name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your domain name is otherwise in compliance with the terms of this agreement, in particular the provisions of Section 3.2.8.
3.2.5. You shall inform Small Business Digital Toolkit of any claim or potential claim against your domain name, including but not limited to the initiation of a dispute under the UDRP, within five days of notification of same. Should you lose your right to use a domain name which is used in connection with the Small Business Digital Toolkit Services, whether through expiration of the domain name, judicial decree, administrative decisions of the UDRP or otherwise, you agree to inform Small Business Digital Toolkit immediately of the party to whom the domain name is to be transferred and you authorize Small Business Digital Toolkit to take any and all action necessary to effect such transfer.
3.2.6. Small Business Digital Toolkit will accept the transfer of domain names from other registrars, provided however, that you will be required to pay for an initial year of registration fees upon transfer that is non refundable. Domain names which have been prepaid for a period of more than one year but with fewer than nine years remaining may also be transferred, subject to the payment of an initial year of registration fees. An additional year will be added on to the remaining term of any transferred domain. Domain names with more than nine years remaining on the registration period may not be transferred. Upon the expiration of the one-year extension you will be charged an annual renewal fee for any subsequent renewal period. By requesting the transfer of your domain name you authorize Small Business Digital Toolkit to debit your Payment Account for the one-year registration fee and any related fees or charges.
3.2.7. You acknowledge and agree that in the event a Material Change in respect of a domain name owner is required for any reason, any responsibility and liability for such Material Changes shall be borne solely by the Customer and account owner as the Designated Agent. The full ICANN Transfer Policy is available on ICANN website.
3.2.8. You acknowledge and agree that Small Business Digital Toolkit reserves the right to act as Designated Agent with respect to any Material Change (as such term is defined in the Small Business Digital Toolkit) or update to the domain name owner for any reason, without any liability to the domain name owner. The full ICANN Transfer Policy is available on the ICANN website.
3.2.9. The partner Domain Registration Services offered by Small Business Digital Toolkit are subject to the terms and conditions of Small Business Digital Toolkit’s partnership registration service (the "T&C Private Domain Registration"), which are incorporated herein by reference.
3.2.10. In using our Privacy Service, you agree to opt out of the 60-day transfer lock normally applied following any Material Change (as such term is defined in the Small Business Digital Toolkit GT&C).
3.2.11. You acknowledge and agree that Small Business Digital Toolkit may suspend, cancel, transfer or modify your domain name registration at any time, for any reason, at the Small Business Digital Toolkit’s sole discretion. Without limiting the foregoing, Small Business Digital Toolkit may, in its sole discretion, suspend, cancel, transfer or modify a domain name registration:
1. to correct mistakes made by Small Business Digital Toolkit, another registrar, or the applicable registry administrator,
2. to resolve a dispute related to that domain name,
3. within five (5) calendar days of the creation date of that domain name registration,
4. if you breach this Agreement (including any applicable additional rule or policy),
5. if you use a domain name in connection with unlawful activity.
6. if Small Business Digital Toolkit believes, in its sole discretion, that the domain name has been registered fraudulently
7. upon receipt of a court order or other notification from a court of competent jurisdiction, an arbitration award, or other legal authority requiring the suspension, cancellation, transfer or modification of your domain name registration.
You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN adopted policy, (iii) any registrar (including Small Business Digital Toolkit) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. As more completely set forth in Sections 6, 7, and 10, you waive any and all claims you may have, now and forever, against Small Business Digital Toolkit relating to the suspension, cancellation, transfer or modification of your domain name registration.
3.2.12. You shall have the right to cancel your contract in the event that the initial domain name registration price is greater than the price originally listed by Small Business Digital Toolkit. For the purposes of clarity, this termination right is only in relation to the new TLDs and only under the above circumstances.
3.2.13. You agree, and acknowledge, that some TLDs will have non-uniform renewal registration pricing such that the Fee for a domain name registration renewal may differ from other domain names in the same or other TLDs. You can review Small Business Digital Toolkit’s current renewal fees on the Small Business Digital Toolkit website.
3.2.14. By ordering or applying SSL Certificates in connection with our products, You acknowledge and agree to comply with the Symantec Terms and Conditions set forth on the Small Business Digital Toolkit website.
3.2.15. In the case of a tariff with unlimited SSL certificates, the customer receives an SSL Wildcard certificate for each domain for which he has a current contract with Small Business Digital Toolkit, the SSL Wildcard certificate can be used for all domains administered by 1&1 IONOS; if the customer concludes a new contract which includes a domain with Small Business Digital Toolkit another SSL Wildcard certificate will automatically be assigned.
3.3. Software
3.3.1. Small Business Digital Toolkit may, in its sole discretion, provide you with Small Business Digital Toolkit Software in combination with Your Services. Upon payment of all fees due and owing to Small Business Digital Toolkit under this Agreement, Small Business Digital Toolkit hereby grants, and you hereby accept, a nontransferable, revocable, non-sublicensable, and non-exclusive license to use the Small Business Digital Toolkit Software and all related documentation for your own personal or business use during the term of this Agreement. Any rights not expressly granted herein shall be reserved for Small Business Digital Toolkit. Source code or other information pertaining to the logic design of the Small Business Digital Toolkit Software is specifically excluded from the license granted hereunder.
3.3.2. Although certain Small Business Digital Toolkit Software may be provided free of charge, Small Business Digital Toolkit reserves the right to charge for the Small Business Digital Toolkit Software or any updates thereto or upgrades therefor at any time.
3.3.3. You recognize that the Small Business Digital Toolkit software and all related information, including but not limited to any and all updates, improvements, modifications, enhancements, and information related to installation of the Small Business Digital Toolkit Software at your home or office, are proprietary, and that all rights thereto, including copyright, are owned by Small Business Digital Toolkit agents and partners. You further acknowledge that you have been advised that the Small Business Digital Toolkit Software, including updates, improvements, modifications, enhancements, and information related to installation, constitutes a trade secret of Small Business Digital Toolkit, is protected by civil and criminal law, and by the law of copyright, is valuable and confidential to Small Business Digital Toolkit, and that its use and disclosure must be carefully and continuously controlled.
3.3.4. Small Business Digital Toolkit shall at all times retain title to all the Small Business Digital Toolkit Software and all related information, including all updates, improvements, modifications and enhancements, furnished to you hereunder.
3.3.5. Unless provided otherwise in the specifications for Your Services, the Small Business Digital Toolkit Software supplied hereunder is for the your personal or business use. You shall not permit any third party to use the Small Business Digital Toolkit Software or allow access to the Small Business Digital Toolkit Software from sites outside of your home or business premises except as specifically authorized in writing by Small Business Digital Toolkit. The Small Business Digital Toolkit Software is to be used only for the purposes specified in this Agreement and specifically as restricted in the following three subparagraphs of this Section 3.
3.3.6. While this Agreement is in effect, or while you have custody or possession of any of the Software, you will not: (i) reproduce, copy or publicly display, or permit anyone else to reproduce, copy or publicly display, any of the Small Business Digital Toolkit Software, whether such Small Business Digital Toolkit Software is in written, magnetic or any other form, except pursuant to reasonable backup procedures, or for use in Your Web Site pursuant to this Agreement, nor; (ii) provide or make the Small Business Digital Toolkit Software available to any person or entity other than your employees or agents who have a need to know consistent with your use thereof under this Agreement, nor; (iii) create or attempt to create, or permit others to create or attempt to create, by disassembling, reverse engineering or otherwise, the source programs or any part thereof from the object program or from other information (whether oral, written, tangible or intangible) made available to you under this Agreement, nor; (iv) copy for your own use or the use of others operator manuals, system reference guides, training materials and other user-oriented materials without the prior written consent of Small Business Digital Toolkit. In order to protect Small Business Digital Toolkit’s trade secrets and copyrights in the Small Business Digital Toolkit Software, you agree to reproduce and incorporate Small Business Digital Toolkit’s trade secrets or copyright notice in any copies, modifications or partial copies.
3.3.7. You agree to notify Small Business Digital Toolkit forthwith if you obtain information as to any unauthorized possession, use or disclosure of any Small Business Digital Toolkit Software by any person or entity, and further agree to cooperate with Small Business Digital Toolkit at Small Business Digital Toolkit’s expense, in protecting Small Business Digital Toolkit’s proprietary rights.
3.3.8. Unless agreed otherwise in writing by Small Business Digital Toolkit, the Small Business Digital Toolkit Software may be used only on a single computer or workstation. Small Business Digital Toolkit software designed for use on portable workstations may be installed on both a portable and a stationary computer but may not be used on both simultaneously. You may not install the Small Business Digital Toolkit Software on a network except to facilitate permissible installation of the Small Business Digital Toolkit Software on computers attached to the network. You warrant and guarantee that all users of the software shall be aware of and comply with the terms of this license.
3.3.9. Certain Small Business Digital Toolkit Software is provided for online use as part of the Small Business Digital Toolkit Services (the "Small Business Digital Toolkit Online Software"), and the use of such software may be subject to fees as outlined in the current Fee Schedule in accordance with this Agreement. The Small Business Digital Toolkit Online Software is hosted software which runs directly on Small Business Digital Toolkit’s servers and agents partners, and you may not download, install, store or make any copies of the Small Business Digital Toolkit Online Software, nor may you sublicense the Small Business Digital Toolkit Online Software. You agree not in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Small Business Digital Toolkit Online Software or any copies thereof and not to assist any third party in doing so. The Small Business Digital Toolkit Online Software is designed to be used through the Small Business Digital Toolkit user interface and, as such, may be utilized by any authorized user from any computer or workstation. This license is automatically revoked upon termination of this Agreement. Small Business Digital Toolkit reserves the right to suspend the use of, modify or discontinue the Small Business Digital Toolkit Online Software for any or all customers at any time without notice. Certain Online Software is also Third Party Software, and is subject to the applicable provisions of 2.3.10. Small Business Digital Toolkit may limit the functionality of any such third party Online Software, in its sole discretion.
3.3.10. Small Business Digital Toolkit provides its customers with the ability to order certain third-party software (the "Third Party Software"), depending on the hosting package ordered. Except for Third Party Software which is also Online Software, such Third Party Software is delivered to Small Business Digital Toolkit Customers by mail and may be ordered via customer's control panel for a period of six months after the commencement of the Small Business Digital Toolkit Services. The license conditions governing the use of the Third Party Software may differ from Small Business Digital Toolkit’s own software licenses. Customers of Small Business Digital Toolkit are bound by the conditions of all licenses pertaining to such Third Party Software and should make themselves familiar with their terms and conditions. Some such Third Party Software is provided under license from Microsoft Corporation ("Microsoft Software"), and Customers using Microsoft Software are bound by the T&C Microsoft Software Products, which are incorporated herein by reference. Small Business Digital Toolkit does not provide Technical Support for the Third Party Software.
THE THIRD PARTY SOFTWARE IS OFFERED "AS-IS." THE PROVISION AND OFFERING OF THIRD PARTY SOFTWARE BY SMALL BUSINESS DIGITAL TOOLKIT DOES NOT CONSTITUTE AN ENDORSEMENT OF THE THIRD PARTY SOFTWARE, NOR CAN SMALL BUSINESS DIGITAL TOOLKIT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE AND FUNCTIONALITY OF SUCH THIRD PARTY SOFTWARE.
3.3.11. In the event of termination of this Agreement, or upon any act which shall give rise to Small Business Digital Toolkit’s right to terminate, or upon the expiration of the license for Small Business Digital Toolkit Software which is subject to a limited-duration license, any and all licenses granted under this Section 3.3 shall terminate automatically, and you will remove, erase or destroy the Small Business Digital Toolkit Software and documentation and all copies thereof, wherever located, without demand, notice and non refundable.
3.3.12. Small Business Digital Toolkit may stop providing the Software or any updates thereto, including but not limited to the Online Software or the Third-Party Software, at any time without notice or any further liability to You.
3.3.13. Software for International Customers is available for download only. Certain Software (including Third-Party Software) may not be available to International Customers.
3.3.14. Small Business Digital Toolkit cannot guarantee that the domain name or the TLD will be registered at the registry. Small Business Digital Toolkit cannot guarantee that the TLD will become available to the general public or be available from Small Business Digital Toolkit. The TLD may have special registration Terms & Conditions and/or restrictions that are currently not known. Small Business Digital Toolkit cannot guarantee that you will be able to conform to these T&CS and therefore may not be allowed to register the domain name on your behalf because of said Terms & Conditions and/or restrictions. Should such a situation arise, you have the right to cancel your binding pre-registration and will not incur any costs. Should the domain name not be registered at the registry and the TLD not become available, then you will not incur any costs.
Drop Shipping:
Small Business Digital Toolkit LLC charges a one time non-refundable setup fee to synced products, and connect the software to your drop shipper partner. Small Business Digital Toolkit is not responsible for any third-party app, platform malfunctions, errors, or terms of service policies. Our drop shipping building design cost varies by business needs, products, and activity.
