Last Updated: July 28, 2010
Thank you for choosing BitTitan!
By accessing or using the BitTitan website at www.BitTitan.com ("Site") or related services ("Service"), you agree to the following Terms of Service. If you do not agree to the following Terms of Service, do not use the Site or Service.
BitTitan, Inc. ("BitTitan") reserves the right to modify or replace these Terms of Service at any time and in BitTitan's sole discretion. BitTitan 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 version 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. In addition, BitTitan may 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 on how BitTitan collects, uses and discloses personally identifiable information from its users and customers. 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 BitTitan operates in.
2. Other Terms
All sales of products and services by BitTitan are also governed by the most recent Terms of Sale, which are incorporated herein by reference. Participation in the Partner Program is governed by BitTitan's most recent Partner Agreement, which is incorporated herein by reference.
3. License
For each license that you purchase from BitTitan, pursuant to the terms of this Agreement, BitTitan grants you a limited, non-exclusive, non-sublicensable right, for one year from date of purchase, 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 BitTitan access to such email mailbox and its contents and the right to allow BitTitan to capture and transfer all materials making up such email mailbox and pursuant to the terms below, you indemnify BitTitan against any and all claims, damages and liabilities arising from your breach of the warranties herein and your use of the Service in an unlawful manner.
4. Copyright and Limited License to Site and Site Materials
The Site and all the materials on the Site, including without limitation the BitTitan logo and all designs, text, graphics, pictures, information and other content (collectively, "Site Materials"), are the property of BitTitan or its licensors. Your license does not include or authorize: (a) the right to modify, adapt, translate, rent, sublicense, assign, lease, loan, resell, distribute, convey, sublicense or transfer your rights to a third party; (b) the distribution, public performance or public display of the Site or Service, (c) modifying or otherwise making any derivative uses of the Site or the Service or any portion thereof; (c) downloading (other than the page caching) of any portion of the Site or the Service or any information contained therein; or (d) reverse engineering or access to the Service in order to build a competitive product or service, or (e) any use of the Site or the Site Materials other than for its intended purpose.
Any use of the Site or Site Materials other than as specifically authorized herein is strictly prohibited and may result in termination of your licenses to use the Service.
5. Registration and Registration Data; Account Security
You may register for and maintain a single account for the Service, and you agree not to register for or maintain more than one account or authorize another person to use your account. BitTitan 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.
You will provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data") and to maintain the security of your user name and password. You will maintain and promptly update the Registration Data, and any other information you provide to BitTitan, to keep it accurate, current and complete. YOU UNDERSTAND THAT ANY PERSON WITH YOUR USER NAME AND PASSWORD WILL BE ABLE TO ACCESS YOUR ACCOUNT (INCLUDING ANY DATA YOU STORE USING THE SERVICE AND CERTAIN REGISTRATION DATA YOU PROVIDE TO BITTITAN). YOU ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS TO YOUR ACCOUNT. You will promptly notify BitTitan if you discover or otherwise suspect any security breaches related to the Service.
6. Acceptable Use
As a condition of using the Site and Service, you will not do any of the following:
a. 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);
b. use the Site or Service in a way that harms BitTitan or BitTitan's affiliates, Partners or vendors, or any customer of BitTitan or its affiliates, Partners or vendors;
c. use any portion of the Site as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (such as "spam");
d. attempt to use or access the Service or any of our servers using any software or service other than the Service;
e. attempt to use or register for more than one account for the Service;
f. attempt to use or access the BitTitan account of a person other than you (including any data or information stored under such account);
g. use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service;
h. 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;
i. attempt to reverse-engineer or otherwise discover or recreate any part of the Service (including any code, technology or methodology used in connection with the Service);
j. 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;
k. use the Service for any mission or life-critical purposes, including the storage of any data which, if lost or corrupted, could endanger the health or safety of any person;
l. use the Service to store any data or materials that BitTitan otherwise states on the Site as being prohibited; or
m. use the Site or Service other than for their intended purpose.
7. Repeat Infringer Policy; Copyright Complaints.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, BitTitan has adopted a policy of terminating, in appropriate circumstances and at BitTitan's sole discretion, account holders who are deemed to be repeat infringers. BitTitan may also at its sole discretion limit access to the 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 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 Agent Designated to Receive Notification of Claimed Infringement: Geeman Yip
Full Address of Designated Agent to Which Notification Should be Sent: 423 6th Ave S, Kirkland, WA 98033
Telephone Number of Designated Agent: 206.428.6030
Email Address of Designated Agent: support at BitTitan.com
8. Trademarks
BitTitan, the BitTitan logos and any other product or service name or slogan contained in the Site are trademarks of BitTitan and its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of BitTitan or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "BitTitan" or any other name, trademark or product or service name of BitTitan without our prior written permission. In addition, the look and feel of the Site, including all page headers, graphics, button icons and scripts, is the service mark, trademark or trade dress of BitTitan 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 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 BitTitan.
9. Framing and Hyperlinks
You may not frame or utilize framing techniques to enclose any BitTitan 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 BitTitan's express written consent.
BitTitan makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site or, or of Web sites linking to the Site. Such sites are not under the control of BitTitan and BitTitan 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. BitTitan provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by BitTitan 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.
10. 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 BitTitan ("Submissions") are non-confidential and shall become the sole property of BitTitan. You hereby assign all of your right, title and interest in and to such Submissions, including all intellectual property rights therein, and BitTitan 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 store through the Service.
11. Disclosure and Use of Data and Related Information
BitTitan will not disclose or provide access to any third party to any of your account information or data stored on your account, except pursuant to a judicial or other governmental order, and provided that BitTitan 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. BitTitan may transfer all assets, including account information, service records and data in the event of merger, acquisition or transfer of BitTitan’s assets in the event of bankruptcy.
From time to time, BitTitan may need to debug or repair your account or data stored through your account, in which case BitTitan employees or subcontractors may require access to your account or the the contents of the email mailbox being migrated. IN ADDITION TO ANY OTHER CONSENT YOU MAY PROVIDE TO BITTITAN, BY REQUESTING BITTITAN TO INVESTIGATE OR ASSIST WITH PROBLEMS WITH AN EMAIL MAILBOX OR ACCOUNT, YOU AUTHORIZE BITTITAN'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 BITTITAN, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO GRANT BITTITAN SUCH ACCESS AND SUCH RIGHT TO MAKE SUCH MODIFICATIONS. You understand that in some cases, this may involve BitTitan's employees or subcontractors viewing, in human-understandable form, the contents of the data and may result in damage to such contents.
12. Indemnification
You will defend and indemnify BitTitan, its affiliates, independent contractors and service providers, and each of their respective members, directors, officers, employees and agents ("BitTitan Parties"), from and against all claims, damages, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to your use of, or inability to use, the Site or the Service (including any data you upload, store, download or otherwise transmit to or through the Service), including, without limitation, claimed violations of copyright laws, violations of third party terms of service and civil and criminal claims arising from BitTitan’s performance of the services.
13. Limited Warranty; Disclaimers
THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY OTHER WARRANTIES OF ANY KIND. BITTITAN 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.
WHILE BITTITAN ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICE SAFE, BITTITAN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICE (INCLUDING BITTITAN SERVERS OR SERVERS LEASED TO BITTITAN) 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 BITTITAN'S CONTROL. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THAT ANY DATA YOU MIGRATE THROUGH THE SERVICE HAS BEEN ACCURATELY REPRODUCED AT ITS NEW DESTINATION.
14. Limitation of Liability
IN NO EVENT SHALL ANY OF THE BITTITAN 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 BITTITAN PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BITTITAN 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 COMPENSATION YOU HAVE PAID, IF ANY, TO BITTITAN FOR THE LAST 30 DAYS OF THE SERVICE.
15. Termination; Modification of Service
You may terminate your account and Service at any time in your sole discretion. BitTitan 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 data stored through the Service). In addition, BitTitan 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, BitTitan will refund to you any unused prepayment you have paid to BitTitan in the event your Service is terminated by BitTitan without cause. If BitTitan 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 BitTitan terminates your Service without cause, BitTitan 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 data stored in your account at the time of termination. If you terminate your Service or if BitTitan terminates your Service for cause, BitTitan 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 data stored in your account before you terminate your Service. BitTitan is authorized to delete any and all of your data after 30 days of inactivity.
16. 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.
17. Laws Governing Agreement; Dispute Resolution
The validity of this Agreement 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. In the event of any controversy or claim arising out of or relating in any way to this Agreement or the Services, the parties agree hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If they 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, WA. The parties give up their right to litigate their disputes and may not proceed to arbitration without first attempting mediation. 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
18. Relationship
You agree that BitTitan is an independent contractor and that no joint venture, partnership, employment, or agency relationship exists between you and BitTitan.
19. Waiver
No waiver of any term, provision or condition of this Agreement, 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.
20. Entire Agreement
Except for any Agreements that by their terms incorporate the terms of this Agreement, this Agreement, together with the Terms of Sale and Privacy Policy, constitute the complete and exclusive statement of the agreement between the parties with respect to the use of this site and the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.
21. Notice
Any notice required or otherwise given pursuant to this Agreement 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 Company, 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: BitTitan, Inc., 423 6th Ave S, Kirkland, WA 98033
Email: support at bittitan.com
22. Electronic Records
Your participation in this Program signifies your express consent to receive information from Company via email at the address listed in your account information.