DIGdat Subscriber Terms and Agreement
- You agree to abide by these terms.
DIGdat is an Internet service delivering genealogical, cultural and historical information to
consumers, and may hereafter be referred to as 'we' or 'our'. Some of the material provided by DIGdat
is only available to paid subscribers. The paid subscriber (who may hereafter be
referred to as 'you' or 'your') is provided access to that information by the Internet in exchange for monetary
payments. By subscribing to the DIGdat paid service, you agree to be bound by the terms of this agreement.
We may alter this agreement at any time by posting a notice of such change on the DIGdat website, in
which case the changes will go into effect for you upon your next payment of subscription fees. If you
do not agree to these terms, or can not comply with them, DO NOT SUBSCRIBE to the DIGdat paid service.
If changes are made to this agreement with which you do not agree or can not comply, then do not renew your
subscription. Your payment for paid service is evidence of your having read and agreed to these terms of use.
This agreement is governed by the law of the State of New Jersey.
- No refunds unless we decide to terminate your subscription without good cause.
Payments for DIGdat subscriptions may be made through PayPal. PayPal is a financial
transactions service. DIGdat has no connection or fiduciary relationship with PayPal other than
that of client for their (PayPal's) services, and is not responsible for problems or errors in the
PayPal system. We are not responsible if you find you can not use the PayPal system for any reason,
and we will not provide alternate payment methods. PayPal is responsible for credit card processing
or bank account electronic transfers -- we do not at any time receive or have access to your credit
card or bank account information. You can terminate your subscription through PayPal at any time.
We may terminate your subscription at our discretion, without notice. If your subscription is terminated
due to non-compliance with any of these terms, no refund will be given. If we terminate your subscription
for any other reason, or without providing a reason, then the unused portion of any current subscription
will be refunded.
- We are not responsible for errors in the content.
The information provided by DIGdat may include errors of fact, illegible segments,
typographical errors, or other problems. All information is provided 'AS IS' -- DIGdat is not liable
for damages, actual or perceived, from the use of this information. All information provided by the
site comes from published, public, or user-submitted sources. Information provided by users may
include details that some perceive as defamatory, libelous, slanderous, or as invading their privacy.
Such information will be removed from the system upon request of the person cited or person who submitted
the information. Other information may be perceived as defamatory, libelous, slanderous, or invading
the privacy of deceased persons. Such information will not be removed or altered unless it can be shown
to be illegal in certain jurisdictions.
- We are not responsible for technical problems.
Information provided by DIGdat is delivered over the Internet on a 'BEST EFFORT' basis. You
agree not to hold us liable for lost access due to temporary outages of our server or connections to
our server. We have no responsibility for access problems stemming from problems with your computer, service
provider, or network problems not affecting all users. If access is denied to all users, due to problems
with our server or network, for a period exceeding 48 hours, then we will provide extra access when the
service is available again, to compensate for lost access time. No other remedy is required.
- We do not provide 'Instant Access' to data in most cases.
Much of the information provided for paid access subscribers is not kept on the on-line web server. Specific pages that have been 'ordered' by customers are uploaded once per week (usually Wednesdays), and remain on-line for one week. These pages are available from direct links on the user's Control Panel. We are not responsible if the user can not access these pages due to the user's personal circumstances or equipment problems. If the user can not access these pages due to problems with the DIGdat server, we will make them available the following week for free.
- We are not responsible for the actions of others.
DIGdat may, at our discretion, provide access to information on other sites through links to
those sites, including sites offering paid services. You agree not to hold us liable for the quality of content,
or any lack of usefulness, accuracy, legality or usability of those sites or their information, nor any
damages that may result from their use.
- You agree not to submit illegal content.
DIGdat allows for users to contribute information, to publicize their research needs, to share
information, or in exchange for credits (DIGdat Points) good for other products or services. By submitting
such content, you agree not to infringe on the copyright, intellectual property rights or privacy rights of
others.
- You agree not to mis-use our resources.
Information provided by DIGdat is intended for genealogical, scholarly, historical or literary
research. Contact information may be included for those contributing information. You agree not to 'harvest'
contact information from this site for advertising purposes or sale/rent/trade. You further agree not to copy
complete pages, indexes, articles, or databases for publication on other websites, in print, or other media,
nor to send such information to others by email or by other means, even if the original resource is in the
public domain. You MAY extract specific information pertaining to your own genealogy, or the subject of your
research, for inclusion in publications, websites, or other media, so long as doing so does not infringe on
the copyright or other rights of DIGdat, its owners and affiliates, or any contributing author. You agree not
to use information from DIGdat to pursue any illegal activity, such as fraudulent impersonation of others or
so called 'identity theft.' You agree to be bound by these terms, even where they are more restrictive than
copyright law. Violation of this agreement will result in immediate termination of your subscription, without
refund, and may also result in legal action for injunction, damages, or both.
- You agree not to mis-use our service.
Access to DIGdat is password controlled, and restricted to members. Some access is restricted to
paid members who have paid for access. You agree to protect your password from intentional or accidental
revelation for use by others. (DIGdat will NEVER ask for your password by email or phone.) If you suspect someone
else has gained access to your account, you agree to notify DIGdat immediately. You agree not to attempt to
access information outside or beyond the limits of your subscription by 'hacking' activity, probing directories,
altering CGI code, or similar means.
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