Thank you for choosing MigrationWiz!

Please read these Terms of Service carefully. These Terms of Service are between you and BitTitan Inc. (d/b/a and hereinafter referred to as "MigrationWiz") and apply to your access to and use of any MigrationWiz-related website ("Site") and any related features, applications or services (collectively, the "Service"). By accessing or using the Site or Service, you agree to the following Terms of Service and all terms incorporated by reference. If you do not agree to the following Terms of Service, do not access or use the Site or Service. In addition, if you are using the Service on behalf of an entity, you represent and warrant that you are authorized to accept these Terms of Service on such entity's behalf and that such entity agrees to indemnify you and MigrationWiz if you violate these Terms of Service.

MigrationWiz reserves the right to modify or replace these Terms of Service at any time and in MigrationWiz's sole discretion. MigrationWiz will indicate at the top of these Terms of Service the date such document was last updated. Any changes will be effective immediately upon posting the revised Terms of Service on the Site (or such later effective date as may be indicated at the top of the revised Terms of Service). Your continued use of the Site or Service following the posting of any changes to these Terms of Service will constitute your acceptance of such changes. If you do not agree to the changes, you must stop using the Site and Service. MigrationWiz may also provide other methods by which you may accept these Terms of Service or changes to these Terms of Service.

1. Privacy Policy

Please refer to our Privacy Policy for information about how MigrationWiz collects, uses and discloses personally identifiable information from its users. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States or any other country in which MigrationWiz operates.

2. Partner Program

Participation in the Partner Program is governed by MigrationWiz's most recent Partner Agreement, which is incorporated herein by reference.

3. Terms of Sale

When you purchase a license to access and use the Service, you agree to abide by the following terms of sale:

1. Purchase Qualifications; Account Security. In order to purchase a license, you must have a registered account with MigrationWiz. You will provide accurate and complete information in your MigrationWiz user account at all times, including, but not limited to, your billing address, email address, telephone number, a valid credit card number or other account number, and the credit card expiration date. You are solely responsible for maintaining the security of, and restricting access to, your account, username and password.
2. Pricing and Availability. All prices are shown in U.S. dollars. MigrationWiz reserves the right to impose quantity limits on any order, to reject all or part of an order and to discontinue the Service without prior notice to you, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes (if applicable) may be adjusted from the amount shown on your screen at the time of checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.
3. Payment Options. Only valid credits cards or other payment methods acceptable to MigrationWiz may be used. By submitting an order, you represent and warrant that you are authorized to use the designated card or payment method, and you authorize MigrationWiz to charge your order (including taxes and any other amounts described on the Site or Service) to that card or other payment method. If the card or other payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically. You must resolve any problem MigrationWiz encounters in order to proceed with your order. In addition, by submitting an order, you authorize MigrationWiz, or its designated payment processor, to charge the amount you specify as the purchase amount and to process and store such payment information and any other related personal information.
4. Payment Terms; Cancellations and Refunds. There are no cancellations or refunds, except as provided in these Terms of Service or as required by law. MigrationWiz reserves the right to refuse or cancel purchases or attempted purchases at any time and in its sole discretion. You understand that charges for the Service must be paid in advance and that the continued use of the Service requires sufficient licenses in your account.
5. Billing Statements. MigrationWiz will provide you with an electronic receipt of your purchase. This is the only receipt that MigrationWiz provides free of charge. If you request a paper copy, MigrationWiz may charge you a retrieval fee. You understand that paper copies are not available covering charges more than 120 days prior to the date of your request.
6. Errors. MigrationWiz attempts to be as accurate as possible; however, it does not warrant that information provided in connection with the Service, including pricing information, is accurate, complete, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, in delivering the Service or otherwise, MigrationWiz reserves the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charge. If MigrationWiz makes an error on your bill, MigrationWiz will correct it promptly after you notify MigrationWiz of the error and MigrationWiz has investigated and verified the error. You must notify MigrationWiz in writing within 120 days after an error first appears on your bill. If you do not report the error to MigrationWiz within such 120 day period, MigrationWiz will not be required to correct the error and you agree to pay the amount billed. You release MigrationWiz from all liability and claims of loss resulting from any error that you do not report to MigrationWiz within the applicable time period.
7. Taxes. You are responsible for any taxes that you are obligated to pay or that MigrationWiz may collect from you in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event they are later determined to be payable on such sale, and MigrationWiz reserves the right to collect such taxes or other fees from you at any time.

4. License

For each license that you purchase from MigrationWiz, MigrationWiz grants you a limited, non-exclusive right, for one year from date of purchase, to access and use, or to sublicense the right to access and use, the Service to initiate and manage the migration of one email mailbox from one system to another. This license is conditioned upon your representation that you have the right to provide MigrationWiz access to such email mailbox and its contents and the right to allow MigrationWiz to capture and transfer all materials making up such email mailbox.

5. Copyright and Limited License to Site and Site Materials

The Site and all the materials on the Site, including without limitation the MigrationWiz logo and all designs, text, graphics, pictures, information and other content (collectively, "Site Materials"), are the property of MigrationWiz or its licensors and are protected by U.S. and international copyright laws. Your license does not include or authorize: (a) publicly performing or publicly displaying the Site or Service, (b) modifying or otherwise making any derivative uses of the Site or the Service or any portion thereof; (c) using any data mining, robots or similar data gathering or extraction methods; (d) downloading (other than page caching) of any portion of the Site or the Service or any information contained therein; (e) reverse engineering or access to the Service in order to build a competitive product or service, or (f) using the Site or the Site Materials other than for their intended purposes.

Any use of the Site or Site Materials other than as specifically authorized herein is strictly prohibited and may result in termination of your authorization to use the Service.

6. Registration and Registration Data; Account Security

You will provide accurate, current and complete information about you as may be prompted by any registration forms on the Site and maintain the security of your user name and password. You will maintain and promptly update your registration data, and any other information you provide to MigrationWiz, to keep it accurate, current and complete. YOU UNDERSTAND THAT ANY PERSON WITH YOUR MIGRATIONWIZ USER NAME AND PASSWORD WILL BE ABLE TO ACCESS YOUR REGISTRATION DATA, ACCOUNT SETTINGS, INVOICES, AND MAILBOX MIGRATION INFORMATION (INCLUDING EMAIL ADDRESSES AND SERVER CONNECTION ENDPOINTS, BUT EXCLUDING PASSWORDS FOR MIGRATED EMAIL ACCOUNTS) (COLLECTIVELY, "ACCOUNT DATA"). YOU ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS TO YOUR ACCOUNT. You will promptly notify MigrationWiz if you discover or otherwise suspect any security breaches related to the Service.

MigrationWiz reserves the right to refuse registration, or to refuse or limit access to the Site and the Service, to anyone in its sole discretion for any reason or no reason.

7. Acceptable Use

As a condition of using the Site and Service, you will not do any of the following:

1. use the Site or Service in violation of applicable law or in a manner that facilitates or furthers the violation of applicable law (including without limitation uploading, storing, transmitting, downloading, exporting or importing any sound recordings, images, videos, text, software, applications, sensitive data, technologies or other material in violation of copyright, privacy, child pornography, export or other applicable laws);
2. use the Site or Service in a way that harms MigrationWiz or MigrationWiz's affiliates, partners or vendors, or any customer of MigrationWiz or its affiliates, partners or vendors;
3. use any portion of the Site as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (such as "spam");
4. attempt to use or access the Site or Service or any of our servers using any software or service other than the Service;
5. attempt to use or access the MigrationWiz account of another person without authorization from the account holder;
6. use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Site or Service;
7. damage, disable, overburden or impair the Site or Service (or the network(s) connected to the Site or Service) or otherwise interfere with anyone's use and enjoyment of the Site or Service;
8. attempt to reverse-engineer or otherwise discover or recreate any part of the Site or Service (including any code, technology or methodology used in connection with the Site or Service);
9. resell or redistribute the Service, or any part of the Service, or otherwise use the Service for any purpose other than your own personal or internal business use, unless you have been approved by MigrationWiz as a participant in the Partner Program;
10. use the Service for any mission or life-critical purposes, including the migration of any data which, if lost or corrupted, could endanger the health or safety of any person;
11. use the Service to migrate any data or materials that MigrationWiz otherwise states on the Site as being prohibited; or
12. use the Site or Service other than for their intended purposes.

8. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, MigrationWiz has adopted a policy of terminating, in appropriate circumstances and at MigrationWiz's sole discretion, account holders who are deemed to be repeat infringers. MigrationWiz may also at its sole discretion limit access to the Site or Service or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the Site or Service infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Designated Agent:	Geeman Yip
Address of Designated Agent:	MigrationWiz, Attn: Copyright Infringement, 218 Main St, #719, Kirkland, WA 98033
Phone Number of Designated Agent:	206.428.6030
Fax Number of Designated Agent:	206.299.3534
Email Address of Designated Agent:	copyright@migrationwiz.com

9. Trademarks

MigrationWiz, the MigrationWiz logos and any other product or service name or slogan contained in the Site or Service are trademarks of MigrationWiz and its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of MigrationWiz or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "MigrationWiz" or any other name, trademark or product or service name of MigrationWiz without our prior written permission. In addition, the look and feel of the Site or Service, including all page headers, graphics, button icons and scripts, is the service mark, trademark or trade dress of MigrationWiz and its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site or Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MigrationWiz.

10. Framing and Hyperlinks

You may not frame or utilize framing techniques to enclose any MigrationWiz trademark, logo or other information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without MigrationWiz's express written consent.

MigrationWiz makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site or, or of websites linking to the Site. Such sites are not under the control of MigrationWiz and MigrationWiz is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. MigrationWiz provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by MigrationWiz of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

11. Submissions and Feedback

You agree that any materials, including questions, comments, suggestions, feedback, ideas, plans, notes, postings, original or creative materials or other information, regarding the Site or the Service that are provided by you in the form of email, web form, or other submissions to MigrationWiz ("Submissions") are non-confidential and shall become the sole property of MigrationWiz. You hereby assign all of your right, title and interest in and to such Submissions, including all intellectual property rights therein, and MigrationWiz shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Submissions do not include the data you migrate through the Service.

12. Disclosure and Use of Mailbox Data and Related Information

MigrationWiz will treat personal information associated with your account (including information you provide when you register for an account or make a purchase) in accordance with our Privacy Policy. The Privacy Policy does not apply to data you migrate through the Service, including the contents of migrated emails ("Mailbox Data"). MigrationWiz will not disclose or provide access to any third party to any Mailbox Data, except pursuant to a judicial or other governmental order, and provided that MigrationWiz shall notify you, to the extent possible, prior to disclosure, to allow you to use lawful means to attempt to protect such data from disclosure.

Notwithstanding the foregoing, from time to time, MigrationWiz may need to debug or repair your account, your mailbox migration information (including email addresses and server connection endpoints) or data migrated through your account, in which case MigrationWiz employees or subcontractors may require access to your account or the contents of the email mailbox being migrated. IN ADDITION TO ANY OTHER CONSENT YOU MAY PROVIDE TO MIGRATIONWIZ, BY REQUESTING MIGRATIONWIZ INVESTIGATE OR ASSIST WITH PROBLEMS WITH AN EMAIL MAILBOX OR ACCOUNT, YOU AUTHORIZE MIGRATIONWIZ'S EMPLOYEES OR SUBCONTRACTORS TO ACCESS THAT EMAIL MAILBOX OR ACCOUNT AND MODIFY THE DATA STORED THEREIN TO THE EXTENT REASONABLY NECESSARY TO RESOLVE THE PROBLEM YOU HAVE IDENTIFIED. IN THE EVENT THAT YOU REQUEST SUCH INVESTIGATION OR ASSISTANCE FROM MIGRATIONWIZ, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO GRANT MIGRATIONWIZ SUCH ACCESS AND SUCH RIGHT TO MAKE SUCH MODIFICATIONS. You understand that in some cases, this may involve MigrationWiz's employees or subcontractors viewing, in human-understandable form, the contents of the data and may result in damage to such contents.

13. Indemnification

You will defend, indemnify and hold harmless MigrationWiz, its affiliates, independent contractors and service providers, and each of their respective members, directors, officers, employees and agents ("MigrationWiz Parties"), from and against all claims, damages, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to (i) your use of, or inability to use, the Site or the Service, (ii) any data you upload, store, download or otherwise transmit to or through the Service, (iii) your violation of these Terms of Service or any other applicable terms, policies or agreements, (iv) your violation of any rights of another and (v) your conduct in connection with the Site or the Service.

14. Limited Warranty; Disclaimers

THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY OTHER WARRANTIES OF ANY KIND. MIGRATIONWIZ, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS TO THE SITE AND THE SERVICE. MIGRATIONWIZ CANNOT GUARANTEE THAT THE SITE OR SERVICE IS ACCURATE, COMPLETE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE WILL PRODUCE SPECIFIC RESULTS.

WHILE MIGRATIONWIZ ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICE SAFE, MIGRATIONWIZ CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE SERVICE (INCLUDING MIGRATIONWIZ SERVERS OR SERVERS LEASED TO MIGRATIONWIZ) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT DATA YOU STORE OR TRANSMIT THROUGH THE SERVICE MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING HARDWARE OR SOFTWARE FAILURES, PROTOCOL CHANGES BY EMAIL ACCOUNT PROVIDERS, INTENTIONAL DATA BLOCKAGES BY EMAIL ACCOUNT PROVIDERS, INTERNET OUTAGES, ACTS OF GOD OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE MIGRATIONWIZ'S CONTROL. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THAT ANY DATA YOU MIGRATE THROUGH THE SERVICE HAS BEEN ACCURATELY REPRODUCED AT ITS NEW DESTINATION.

15. Limitation of Liability

IN NO EVENT SHALL ANY OF THE MIGRATIONWIZ PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE SITE OR THE SERVICE, EVEN IF A MIGRATIONWIZ PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MIGRATIONWIZ PARTIES (WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE SITE OR SERVICE EXCEED THE LESSER OF (I) THE COMPENSATION YOU HAVE PAID, IF ANY, DURING THE THIRTY (30) DAYS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO LIABILITY OR (II) ONE HUNDRED DOLLARS ($100).

16. Termination; Modification of Service

You may terminate your account and Service at any time in your sole discretion. MigrationWiz reserves the right, without notice and in its sole discretion, to terminate your access to the Site or Service, and to block or prevent your access to and use of the Site or Service (including your ability to access any Account Data stored through the Service). In addition, MigrationWiz reserves the right to change, cancel or delete any and all services and features provided as part of the Service at any time, with or without notice to you. Subject to applicable law, MigrationWiz will refund to you any unused prepayment you have paid to MigrationWiz in the event your Service is terminated by MigrationWiz without cause. If MigrationWiz terminates your Service for cause (including your failure to pay or your breach of these Terms of Service), or if you terminate your Service, you will not be eligible for a refund.

If MigrationWiz terminates your Service without cause, MigrationWiz will provide reasonable assistance over the course of up to ten (10) business days to enable you to download or otherwise obtain a copy of the Account Data stored in your account at the time of termination. If you terminate your Service or if MigrationWiz terminates your Service for cause, MigrationWiz shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party. Therefore, you should download a complete copy of all Account Data before you terminate your Service. MigrationWiz is authorized to delete any and all of your data after thirty (30) days of inactivity.

17. Severability

If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

18. Governing Law

The validity of these Terms of Service and the rights, obligations, and relations of the parties hereunder shall be construed and determined under and in accordance with the laws of the State of Washington, without regard to conflicts of law principles.

19. Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATION DISPUTES WITH MIGRATIONWIZ AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MIGRATIONWIZ.

In the event of any controversy or claim arising out of or relating in any way to these Terms of Service, the Site or the Service, you and MigrationWiz agree to consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of sixty (60) days, then either party may, by notice to the other party demand mediation under the mediation rules of the American Arbitration Association in Seattle, Washington. The parties give up their right to litigate their disputes and may not proceed to arbitration without first attempting mediation, except that you and MigrationWiz are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and MigrationWiz will not commence against the other a class action, class arbitration or other representative action or proceeding.

If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim shall be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Seattle, Washington. The language of all proceedings and filings shall be English. The arbitrator shall render a written opinion including findings of fact and law and the award and/or determination of the arbitrator shall be binding upon the parties, and their respective administrators and assigns, and shall not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration shall be shared equally by the parties unless the arbitration determines that the expenses shall be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings shall be concluded within ninety (90) days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit shall not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange shall be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

20. Relationship

You agree that MigrationWiz is an independent contractor and that no joint venture, partnership, employment, or agency relationship exists between you and MigrationWiz.

21. Waiver

No waiver of any term, provision or condition of these Terms of Service, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

22. Entire Agreement

Except for any agreements that by their terms incorporate these Terms of Service, these Terms of Service, and all terms incorporated by reference, constitute the complete and exclusive statement of the agreement between the parties with respect to the use of the Site and the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.

23. Notice

Any notice required or otherwise given pursuant to these Terms of Service shall be in writing and mailed certified return receipt requested, postage prepaid, delivered by overnight delivery service, or by email. If sent to you, it shall be sent to the address listed by you in your account information at the time such notice is sent. If sent to MigrationWiz, it may be sent to the following address, or such other address as may be specified by notice to you in accordance with this Section:

Certified Mail: MigrationWiz, Inc., Attn: Terms of Service, 218 Main St, #719, Kirkland, WA 98033
Email: support@migrationwiz.com