Terms Of Use
ACCEPTANCE OF TERMS OF USE
Your use of Doodlebit LLC ("DOODLEBIT") service, software, or technology ("PRODUCTS" or "SERVICES") indicates your agreement to DOODLEBIT's TERMS OF USE set forth herein, which include by incorporation and reference all of the terms of your purchased PLAN ("Plan" or "Account") found at the following link: Prices, as well as DOODLEBIT's LEGAL POLICY, that is available at the following link: Legal Policy. The TERMS AND CONDITIONS and LEGAL POLICY may be modified without notice, but the terms of the Plan you have chosen will not be modified.
YOUR CONDUCT
You are solely responsible for any and all content you provide to the World Wide Web, or otherwise, through DOODLEBIT PRODUCTS or SERVICES, including any content provided through any third party, even if such third parties provide content, through any means whatsoever, that you have not approved. DOODLEBIT does not control content posted via its PRODUCTS or SERVICES, and does not guarantee the accuracy or quality of such content and cannot be held responsible for it. Use of the DOODLEBIT PRODUCTS or SERVICES is subject to all applicable local, state, national and international laws and regulations as well as to internet-specific policies and procedures. Should you or any third party provide any content through DOODLEBIT's PRODUCTS or SERVICES that violate any terms of DOODLEBIT's LEGAL POLICY, TERMS OF USE, or your PLAN, DOODLEBIT, in its sole, subjective discretion, may modify or delete said content and will not be liable for any damages whatsoever that may be connected with said deleted or modified content.
YOU AGREE:
(i) not to use DOODLEBIT's PRODUCTS or SERVICES for illegal purposes;
(ii) not to publish any pornography or any material that is unlawful, harassing, abusive, threatening, offensive, vulgar, obscene, harmful, libelous, invasive of another's privacy or constitutes an infringement of third party intellectual property rights.
(iii) not to interfere with or disrupt in any way PRODUCTS or SERVICES, including connected servers and networks;
PRIVACY
Doodlebit LLC ("DOODLEBIT") does not disclose or sell your account information. Your email address will only be used to notify you of DOODLEBIT updates, news, and events. DOODLEBIT does not monitor, edit, or disclose the contents of your website unless:
1) The law requires disclosure
2) DOODLEBIT is protecting or defending its rights or property
3) DOODLEBIT is enforcing its rules against obscenity or pornography
4) DOODLEBIT is fixing, debugging, or enhancing its software or technology
WARRANTY DISCLAIMER
AS A USER OF DOODLEBIT SERVICE, SOFTWARE, OR TECHNOLOGY ("PRODUCTS" OR "SERVICES"), YOU AGREE THAT USE OF PRODUCTS IS AT YOUR SOLE RISK. PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
DOODLEBIT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DOODLEBIT MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NOR DOES DOODLEBIT MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE PRODUCTS, SOFTWARE, OR TECHNOLOGY WILL BE CORRECTED.
YOU UNDERSTAND THAT ANY MATERIAL / DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
NO ADVICE OR INFORMATION, EITHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOODLEBIT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY, INDEMNIFICATION
DOODLEBIT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES CONNECTED WITH LOST REVENUE OR PROFIT RESULTING FROM THE USE OR THE INABILITY TO USE DOODLEBIT SERVICES OR PRODUCTS, OR FOR DAMAGES CONNECTED WITH UNAUTHORIZED USE, ACCESS, OR ALTERATION OF YOUR WEB SITE OR DATA, OR FOR ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY.
DOODLEBIT PROPRIETARY RIGHTS
You agree that DOODLEBIT provides PRODUCTS and SERVICES that contain, copyrighted, proprietary, and confidential information that is protected by applicable intellectual property, trademark, copyright, trade secret, and other laws. For these reasons, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on DOODLEBIT PRODUCTS or SERVICES, in whole or in part, unless you have first obtained DOODLEBIT's express, written permission.
LAWS
All disputes shall be governed by and construed in accordance with the laws of the State of Missouri, and shall be subject to the jurisdiction of the courts presiding over Jackson County, Missouri. In any dispute, all attorneys fees shall be paid by the losing party.
(iv) not to interfere with another user's enjoyment of PRODUCTS or SERVICES.
You will indemnify, defend, and hold DOODLEBIT, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand made by any third party, due to or arising, in whole or in part, out of your conduct, violation of the TERMS OF USE, LEGAL POLICY, or PLAN, the use of any DOODLEBIT PRODUCTS or SERVICES or the infringement by you, or any person, or any entity, of any intellectual property rights, trademarks, copyrights, privacy rights, or any other rights or laws of any person, entity, or political unit or government. DOODLEBIT bears no responsibility for monitoring or controlling your content, or evaluating whether your content violates any intellectual property rights, trademarks, copyrights, privacy rights, or any other rights or laws of any person, entity, or political unit or government, and by clicking “I have read, and agree to the terms and conditions,” below you warrant, promise, and guarantee that you will not infringe, and have not infringed, upon any intellectual property rights, trademarks, copyrights, privacy rights, or any other rights or laws of any person, entity, or political unit or government, that you are in sole control of your content, and that you will indemnify, defend, and hold DOODLEBIT harmless for any claim or demand made against you in connection with, or arising out of, your use of DOODLEBIT PRODUCTS or SERVICES.
TERMINATION
DOODLEBIT may, at its sole, subjective discretion, terminate your PLAN should your conduct fail to conform to these TERMS AND CONDITIONS, LEGAL POLICY, or your PLAN's terms. In the event of such termination, DOODLEBIT shall not be liable to refund any moneys to you whatsoever. DOODLEBIT shall not be liable to you or any third party for termination of your PLAN. Upon termination, your right to use DOODLEBIT's PRODUCTS and SERVICES and the related software and technology ceases immediately.
YOUR ACCOUNTS AND SECURITY
You are entirely responsible for maintaining the confidentiality of your password and Account, as well as of password protected areas under your control. You are entirely responsible for any and all activities occurring in connection with your Account, whether such activities are connected with your negligence or not, or the result of the actions of third parties. You agree to immediately notify DOODLEBIT of any unauthorized use, in writing, of your Account or of any other breach of security known to you.
STORAGE AND OTHER LIMITATIONS
DOODLEBIT reserves the right to automatically delete any content stored in your Account exceeding the storage limit set forth in your Plan, but DOODLEBIT will endeavor to provide you notice, via email, providing you one week to either upgrade your Account or to manage the excess content. However, in no event shall DOODLEBIT be responsible for the loss of any content connected with your account, even if DOODLEBIT has failed to provide you notice, and regardless of the cause of said loss. In no event whatsoever is DOODLEBIT responsible for backing up or storing your content, so you should take precautions to preserve all content you provide to the World Wide Web through DOODLEBIT's PRODUCTS and SERVICES.
DOODLEKIT GRAPHICS, PHOTOS, AND IMAGE COPYRIGHT PROTECTION
You understand that you have no right to nor any ownership of any images, photos, or graphics provided by Doodlekit. You can only use these images, photos, and graphics on your Doodlekit hosted website. You will indemnify, defend, hold harmless, and reimburse Doodlebit for any damages or claims arising from your use of said images outside your Doodlekit hosted web site, including but not limited to attorneys' fees, costs, penalties, and fines.
FREE USAGE OF DOODLEBIT PRODUCTS
If you are using a DOODLEBIT PRODUCT or SERVICE free of charge, you are still bound to all TERMS AND CONDITIONS, the LEGAL POLICY, or your PLAN's terms set forth herein, with the exception that you waive any and all rights to any customer service, data security, backup, guaranty of World Wide Web access, storage, or content, or the right to be reimbursed or compensated for any loss whatsoever, in connection with your free use of a DOODLEBIT PRODUCT or SERVICE. Additionally, you grant DOODLEBIT access and license to modify, delete, or alter any of your content in DOODLEBIT’S sole, subjective discretion. DOODLEBIT may cancel your free account(s) or free use of DOODLEBIT PRODUCTS or SERVICES without notice, at any time, for any reason, and DOODLEBIT shall bear no liability for canceling any such free account(s) or free use of DOODLEBIT PRODUCTS or SERVICES.
REFUNDS
If you are a paying customer and not completely satisfied within the first 30 days of opening your account, you will be given a refund on your hosting fee, excluding setup fees, days hostings expired, domain registration, and additional services. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. Refunds may only be given by us and cannot be given by chargeback or check cancellation. The only way to request a refund is to make a request in writing, by sending an email to: refund@doodlekit.com
Any and all requests or notices shall be in writing and shall be made via email to the following email account: info@doodlebit.com.