TERMS OF SERVICE
1. These Terms of Service constitute an agreement between you and Free Digits, LLC, ("FreeDigits"). You acknowledge that use of any FreeDigits services or clicking the "Accept" or other similar buttons constitutes your "electronic signature", a stated desire to enter into a binding legal agreement with FreeDigits. Further, your electronic signature is sufficient to bind you contractually with FreeDigits and by clicking the "Accept" or other similar buttons; you expressly waive any rights or requirements, in any jurisdiction, that would otherwise require non-electronic documentation.
2. By using services from FreeDigits, you hereby acknowledge your agreement to be bound by the terms and conditions set forth herein. Further, you stipulate that you are eligible under all applicable laws to enter into such an agreement and such an agreement is not prohibited in your jurisdiction.
3. FreeDigits provides all services as is and, while it will endeavor to maintain its services with minimal disruptions, FreeDigits does not guarantee service quality or availability. Numerous issues can impact service availability, quality and security. As such, FreeDigits is not, regardless of circumstances, liable for any service disruptions, delays, degradation, or security breaches. Moreover, FreeDigits may, at its sole discretion, choose to interrupt, delay, or otherwise cease offering services on a temporary or permanent basis.
4. You agree that FreeDigits offers Internet communications services, not traditional telephone services, and has no control over the content or security of voice communications. You further agree that your use of FreeDigits services complies with all laws, and you are expressly prohibited from making any attempts or otherwise participating in communications to which you are not an intended party or which violate the law.
5. You agree that NO EMERGENCY SERVICES are offered with FreeDigits communications services, and FreeDigits communications services shall not be relied upon to facilitate any types of emergency communications, including medical and safety emergencies. THIS MEANS THAT FREEDIGITS DOES NOT PROVIDE 911 EMERGENCY SERVICE.
6. You agree that use of FreeDigits services is predicated on providing and maintaining accurate and timely account data requested by FreeDigits. Moreover, you are responsible for maintaining the security of any username, password, phone number, and other specific account information issued you by FreeDigits, and are liable for all activity under said account. FreeDigits expressly reserves ownership or authority over any and all usernames, passwords, phone numbers, or other specific account information issued by FreeDigits, and reserves the right to rescind, revoke, alter, exchange, or otherwise change such information at its discretion at any time.
7. For all paid services, FreeDigits will credit your account for payments received within 48 hours. All payments will be processed in accordance with pricing information posted on the FreeDigits site, and all pricing is subject to change without notice by FreeDigits at its discretion. Continuing use of service is acknowledgement of agreement by you of any pricing change. At any time, you may request a refund for any account balance unused. All refunds will be pro-rated if for monthly services and otherwise credited to the payment instrument used within 72 hours. If you believe you have been erroneously charged for services by FreeDigits, you may request a refund within 60 days of the charge by contacting customer service. All account balances remaining 180 days from the date of payment will be forfeited by you and become the property of FreeDigits.
8. You agree that using FreeDigits services entitles you only to a non-exclusive, non-transferable, revocable license, and there is no transfer of intellectual property rights, actual or implied. FreeDigits retains all rights to all technology used, including rights licensed from third parties, and otherwise asserts that all material, including text, logos, trade concepts and other information contained on this sight are the copyright of FreeDigits. Unless authorized in writing, all copies, reprints, distribution or other use any of the material on this sight is prohibited.
9. FreeDigits shall under no circumstances be responsible for any liability that may arise from the use or attempted use of the services described herein, including direct, indirect, consequential, special or incidental damages. This limitation of liability includes, among other limits, absolutely no liability whatsoever with respect to any loss of profit, information, or other business asset, regardless of FreeDigits' actions or knowledge. Your sole remedy is to request a refund, if applicable, of any service fees as outlined in Section 7.
10. While we make all reasonable attempts at accuracy, all information provided on this site is provided as is and FreeDigits does not warrant the accuracy of this site either express or implied. Moreover, FreeDigits does not warrant the services described on this site, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. FreeDigits expressly rejects any warranty, express or implied, with regards to any usage or trade practice. FreeDigits accepts no responsibility for any material contained on another website that may be accessible from this one.
11. You agree to indemnify and hold harmless FreeDigits, and defend FreeDigits at your expense for any and all claims, actions, and proceedings, including attorney's fees, arising out of your use of FreeDigits' services, including any inaccurate or incomplete information provided by you.
12. The term of this agreement shall commence upon acceptance as defined herein, and continue through termination. You and FreeDigits each retain the right to terminate this agreement with no notice, no recourse, and for any reason whatsoever. All rights in this agreement asserted by FreeDigits shall survive termination and any fees due either party shall be duly paid within 30 days of termination.
13. FreeDigits reserves the right to alter, modify, rescind or otherwise change these terms and conditions from time to time, as it deems necessary or appropriate. Moreover, FreeDigits reserves the rights to make any changes in services provided, terms and conditions of service, and otherwise modify its service offering in any manner it sees fit at any time.
14. The Terms of Service and License Agreement constitute the entire agreement between you and FreeDigits. Should any part of this agreement be declared invalid, the remainder of the agreement shall remain in full effect. A failure by FreeDigits to enforce its rights under this agreement shall in no way restrict its rights to do so at any other time. You may not assign this agreement at any time; however FreeDigits may assign this agreement at its sole discretion.
15. These terms and conditions constitute an agreement between FreeDigits and you and is governed by the laws of the State of Iowa. Any claim arising from this agreement must be brought in a timely manner in the district court for Polk County, Iowa.
LICENSE AGREEMENT
1. This License Agreement constitutes an agreement between you and Free Digits, LLC, ("FreeDigits"). You acknowledge that use of any FreeDigits' services or clicking of "Accept" and other similar buttons constitutes your "electronic signature", a stated desire to enter into a binding legal agreement with FreeDigits. Further, your electronic signature is sufficient bind you contractually with FreeDigits and you expressly waive any rights or requirements, in any jurisdiction, that would otherwise require non-electronic documentation.
2. By using services from FreeDigits, you hereby acknowledge your agreement to be bound by the terms and conditions set forth herein. Further, you stipulate that you are eligible under all applicable laws to enter into such an agreement and such an agreement is not prohibited in your jurisdiction.
3. FreeDigits grants you a non-exclusive, non-transferable, non-commercial, personal-use, revocable license to use technology available on our website used to support our services. Under no circumstances do you have the right to sell, assign, lease, rent, lend, import, export, or in any other manner act as an agent to exchange any FreeDigits technology. Further, you agree that you may not review, modify, augment, or otherwise change, decompile, reverse engineer, or hack any FreeDigits software or technology.
4. You acknowledge that FreeDigits may, at its sole discretion, include third-party technology as part of this agreement and you expressly accept that all such technology is covered under this agreement. Further, you acknowledge that FreeDigits may, at any time at its sole discretion, make changes, modifications, edits, and otherwise alter its technology.
5. You acknowledge that any FreeDigits technology is for use with FreeDigits services and that you are also bound by the "Terms of Service" when using FreeDigits technology.
6. You acknowledge that FreeDigits software requires resources on your computer, Internet connection, network, and other facilities and hereby grant FreeDigits use of these facilities. Moreover, while FreeDigits will make all reasonable attempts to protect your facilities, you expressly acknowledge that the permission granted FreeDigits is done so at your own risk and that FreeDigits will not, under any circumstances, be liable for any damage or inconveniences that may arise out of this use of your facilities.
7. You expressly acknowledge that FreeDigits, along with its partners and affiliates, retain all rights, including intellectual property rights, ownership, and control over all FreeDigits technology. Further, you agree not to allow any unauthorized use of FreeDigits technology, facilitate the removal of any proprietary marks or notices, and otherwise acknowledge all FreeDigits' intellectual property rights.
8. The term of this agreement shall commence upon acceptance as defined herein, and continue through termination. You and FreeDigits each retain the right to terminate this agreement with no notice, no recourse, and for any reason whatsoever. All rights in this agreement asserted by FreeDigits shall survive termination.
9. You agree to indemnify and hold harmless FreeDigits, and defend FreeDigits, at your expense, for any and all claims, actions, and proceedings, including attorney's fees, arising out of your use of FreeDigits services in violation of the terms contained herein, including inaccurate or incomplete information provided by you.
10. FREEDIGITS'S TECHNOLOGY IS PROVIDED "AS IS" WITH NO WARRANTIES EXPRESS OR IMPLIED. FREEDIGITS MAKES NO CLAIMS WHATSOEVER AS TO THE TECHNOLOGIES QUALITY, PERFORMANCE, FITNESS FOR ANY PURPOSE, OR MERCHANTABILITY. ALL USE OF FREEDIGITS TECHNOLOGY IS AT YOUR OWN RISK. IN NO EVENT SHALL FREEDIGITS BE LIABLE IN ANY FORM FOR ANY DAMAGES WHATSOEVER THAT ARISE FROM ANY USE OF THIS TECHNOLOGY.
11. FreeDigits reserves the right, in its sole discretion, to alter, modify, rescind or otherwise change these terms and conditions from time to time. Moreover, FreeDigits reserves the rights, in its sole discretion, to make any changes in services provided, terms and conditions of service, and otherwise modify its service offering at any time.
12. Should any part of this agreement be declared invalid, the remainder of the agreement shall remain in full effect. A failure by FreeDigits to enforce its rights under this agreement shall in no way restrict its rights to do so at any other time. You may not assign this agreement. FreeDigits may assign this agreement at its sole discretion.
13. This License Agreement is governed by the laws of the State of Iowa. Any claim arising from this License Agreement is subject to arbitration and must be brought in a timely manner in the district court for Polk County, Iowa.
PRIVACY POLICY
1. Free Digits, LLC, ("FreeDigits") values your privacy and has developed the following policy to provide protection against the unwanted use disclosure of sensitive or private data. We remain vigilant in defense of consumer rights and expectations of privacy.
2. No information or behavior related data you generate or provide will be sold, shared, or otherwise disclosed to any third party by FreeDigits without your consent, except as required by law or during instances of compliance with requests from law enforcement personnel or for the use in an investigation of suspected fraudulent or threatening activity.
3. In an effort to provide superior service, we will assemble data you provide us in a profile format that will allow us to make our services more customer friendly and responsive.
4. Specifically, regarding email addresses and telephone numbers, we collect this information from all users and callers to the service. Again, this information is kept in confidence and, should we use this information to communicate with you, it is designed to improve service and we will respect any request to avoid the use of this information in the future. Again, we do not sell this information to third parties.
5. Finally, we secure all information we gather in our systems. We take extreme precautions to prevent unauthorized access to this information and will safeguard your information using industry standard methods of data and system security.
Should you have any specific questions or concerns regarding our privacy policy, we would like to hear from you. Please contact us.
