Tree Ring Digital (a DBA of Adroit Creative Solutions LLC)
Last Updated: January 2026
1. ACCEPTANCE OF TERMS OF SERVICE
As a precondition and requirement to use the services available via Tree Ring Digital, you, for yourself and for the company or other person(s), if any, you represent (“Subscriber” or “Subscribers”, as applicable), hereby accept and agree to be legally bound by these Terms of Service (“Terms”). These Terms are effective immediately between the Subscriber and Tree Ring Digital, its subsidiaries and affiliates (“Tree Ring Digital”). Each Subscriber is subject to these Terms, and by using Tree Ring Digital’s services, network and/or systems (collectively the “Services”), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein.
Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants all information provided by Subscriber to Tree Ring Digital has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Tree Ring Digital in connection with all registration or renewal processes.
Tree Ring Digital reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice. Subscribers may view the most current version of these Terms at treeringdigital.com/digital-marketing-services/website-hosting-terms. Any use of the Services by Subscriber after changes to these Terms are posted shall constitute Subscriber’s acceptance of all such changes. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber’s sole and exclusive remedy is to cancel the Subscriber’s account.
2. SCOPE OF SERVICES
2.1 What Tree Ring Digital Provides
The Services provided under these Terms are limited to web hosting infrastructure, which includes: server space for storing Subscriber’s website files and databases; server uptime and connectivity (subject to the limitations set forth in these Terms); cPanel access for Subscriber to manage their hosting environment; basic server-level security measures; and technical support for server-related issues only.
2.2 What Tree Ring Digital Does NOT Provide
Unless Subscriber has a separate written agreement for website maintenance services, the following are expressly NOT included in the Services and are solely Subscriber’s responsibility:
Website Development & Functionality: Website design, development, or coding; functionality of contact forms, e-commerce features, booking systems, or any other website features; plugin, theme, or software compatibility; website performance optimization; mobile responsiveness or cross-browser compatibility; search engine optimization (SEO).
Website Maintenance & Updates: Updating WordPress core, plugins, themes, or any other software; security patching of website applications; fixing broken links, images, or functionality; database optimization or cleanup; content updates or management.
Website Security (Application Level): Protection against vulnerabilities in website code, plugins, or themes; malware removal from Subscriber’s website files; recovery from hacks caused by outdated or vulnerable website software; password security for website administrator accounts.
Website Troubleshooting: Diagnosing why a website feature stopped working; fixing errors caused by Subscriber or third-party changes to website files; recovering from accidental file deletions by Subscriber; resolving conflicts between plugins, themes, or scripts; debugging custom code or applications.
2.3 Infrastructure vs. Website
Subscriber acknowledges and agrees that Tree Ring Digital is a hosting infrastructure provider only. Tree Ring Digital provides the server environment in which Subscriber’s website operates but has no responsibility for, and makes no warranties regarding, the website itself or any applications, code, plugins, themes, or content installed or uploaded by Subscriber.
The relationship between Tree Ring Digital and Subscriber is analogous to a landlord and tenant: Tree Ring Digital provides the building (server infrastructure), while Subscriber is responsible for everything inside their unit (the website). Just as a landlord is not responsible for a tenant’s furniture, appliances, or interior maintenance, Tree Ring Digital is not responsible for Subscriber’s website files, functionality, or maintenance.
2.4 No Guarantee of Website Functionality
Tree Ring Digital does not guarantee and expressly disclaims any responsibility for: website uptime beyond server availability (a website may be inaccessible due to code errors, plugin conflicts, or other website-level issues even when the server is fully operational); website security at the application level (websites may be compromised due to outdated plugins, weak passwords, vulnerable code, or other factors outside Tree Ring Digital’s control); website functionality of any kind (contact forms, payment processing, user registration, dynamic content, or any other feature); third-party integrations (email services, payment gateways, CRM connections, social media feeds, or any other external service); and website performance (page load speed, optimization, caching effectiveness, or resource usage).
2.5 Subscriber Actions
Tree Ring Digital is not responsible for any issues arising from actions taken by Subscriber or anyone authorized by Subscriber to access the hosting account, including but not limited to: changes made to website files via cPanel, FTP, or any file manager; installation, update, or removal of plugins, themes, or scripts; database modifications; DNS or domain configuration changes; email configuration within cPanel; and any other action taken within Subscriber’s hosting environment. If Subscriber or their designee causes damage to the website, database, or hosting environment, restoration or repair services may be available for an additional fee.
2.6 Outdated Software
Subscriber is solely responsible for keeping all website software current, including but not limited to content management systems (WordPress, Joomla, Drupal, etc.), plugins, themes, scripts, and any custom applications. Tree Ring Digital strongly recommends that Subscriber maintain current versions of all software to minimize security vulnerabilities. However, Tree Ring Digital has no obligation to notify Subscriber of available updates, to perform updates on Subscriber’s behalf, or to take any action regarding outdated software.
If Subscriber’s website is compromised due to outdated or vulnerable software, Tree Ring Digital: is not liable for any resulting damages, data loss, or business interruption; is not obligated to restore, clean, or repair the compromised website; may, at its sole discretion, suspend the account to protect server integrity and other Subscribers; and may offer restoration or malware removal services for an additional fee.
2.7 Security Incidents
In the event of a security incident affecting Subscriber’s website (hacking, malware infection, defacement, etc.): If caused by server-level vulnerability, Tree Ring Digital will take reasonable steps to address the issue and restore service, subject to the limitations set forth in these Terms. If caused by website-level vulnerability (outdated software, weak passwords, vulnerable code, etc.), this is solely Subscriber’s responsibility. Tree Ring Digital may suspend the account to protect the server and other Subscribers. Restoration services may be available for an additional fee. Determination of whether an incident is server-level or website-level shall be made by Tree Ring Digital in its reasonable discretion.
3. SUBSCRIBER RESPONSIBILITIES
Subscriber agrees to: (a) Maintain website software: Keep all CMS platforms, plugins, themes, and scripts updated to current stable versions; (b) Use strong passwords: Implement strong, unique passwords for all website administrator accounts, cPanel access, FTP access, and database access; (c) Implement website security: Take appropriate measures to secure the website at the application level, including but not limited to security plugins, login attempt limiting, and regular security scans; (d) Backup website files: Maintain independent backups of all website files and databases (Tree Ring Digital’s operational backups are not a substitute for Subscriber’s own backup practices); (e) Monitor website: Regularly review the website for functionality issues, security warnings, and update notifications; (f) Respond to security issues: Promptly address any security vulnerabilities or infections that are discovered; (g) Comply with software licenses: Ensure all software installed on the hosting account is properly licensed; and (h) Use resources appropriately: Ensure website applications do not consume excessive server resources.
Failure to fulfill these responsibilities may result in website issues for which Tree Ring Digital bears no liability, and may result in account suspension if Subscriber’s website negatively impacts server performance or security for other Subscribers.
4. TERMS, PAYMENT, RENEWAL OF ACCOUNT
4.1 Term of Service
The term of Subscriber’s subscription to the Services commences upon Subscriber’s acceptance of these Terms and terminates as set forth in this agreement.
4.2 Payment
Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber’s billing information, email and all other contact information. It is the Subscriber’s responsibility to verify that the information submitted is accurate to ensure proper billing and continuity of services.
4.3 Automatic Renewal
Subscriber’s hosting account will automatically renew at the end of each billing period unless Subscriber cancels prior to renewal. Subscriber will be notified of pricing for each successive renewal period no later than fifteen (15) days prior to the payment date for all services with a renewal period of three (3) months or greater. This notification will be sent to the contact email address on file for the Account. Subscriber acknowledges, agrees and authorizes Tree Ring Digital to automatically bill and/or charge Subscriber’s payment method on file for successive renewal periods, unless terminated or cancelled as provided herein.
4.4 Cancellation
Subscriber agrees to notify Tree Ring Digital of Subscriber’s intent to cancel at least thirty (30) days prior to the account expiration date, by sending a written request via email to [email protected]. This request must include verification of ownership of the hosting account, as determined by Tree Ring Digital.
4.5 Chargebacks and Reversals
In the event Subscriber issues a chargeback or reversal of charges without first contacting Tree Ring Digital to resolve the issue or without notification of intent to cancel, the Subscriber will be responsible for a $25.00 USD billing service fee. Hosting accounts that have an open dispute may be suspended for security purposes.
4.6 Suspension of Account
In the event that Subscriber does not make a payment by the expiration date, Tree Ring Digital reserves the right to suspend the account within 48 hours. Subscriber agrees to not hold Tree Ring Digital responsible for any harm this causes the Subscriber’s business or website ranking as hosting services are no longer being paid for by the Subscriber.
4.7 Reinstating Account
To reinstate an account, Subscriber must pay for the months of suspension as the files are still being stored on Tree Ring Digital servers and a 15% late fee on the amount due. The process to reinstate an account could take up to 72 hours to complete. If Subscriber wishes to reinstate the website sooner there is an additional $50 fee, and Tree Ring Digital will do everything in its power to reinstate the hosting account within 24 hours.
4.8 Termination of Account
Subscriber may at any time request Tree Ring Digital to terminate the account and remove all files and data associated to that account from the server. It is the Subscriber’s responsibility to back-up the files and data associated with the website, or hire Tree Ring Digital to perform this work for an additional fee, should they wish to retain anything being stored on the server. Once an account has been suspended, Tree Ring Digital has the ability to terminate the account and remove all files and data associated to that account at any time.
4.9 Recovery of Files
If an account has been suspended for a period of 1 month or greater, or if the account has been terminated, a $250 file recovery fee will be administered to any Subscriber wishing to retrieve their files and data.
5. ACCEPTABLE USE POLICY
5.1 Permitted Use
Subscriber may use the Services to host lawful website content and applications consistent with the intended purpose of web hosting services. Tree Ring Digital takes a permissive approach to legal content and does not restrict hosting based on industry type, including but not limited to cannabis/CBD/hemp businesses, firearms retailers, medical spas, and other legal industries that may face restrictions with other hosting providers.
5.2 Prohibited Use
Subscriber shall not use the Services for any of the following purposes:
Illegal Content & Activity: Hosting, distributing, or linking to content that violates any applicable local, state, federal, or international law; facilitating illegal transactions or activities; hosting content that infringes on intellectual property rights of third parties; distribution of child sexual abuse material (CSAM) or any content sexualizing minors; hosting content that constitutes illegal harassment, threats, or incitement to violence.
Resource Abuse: Using the Services as a file storage, backup, or archiving service (the Services are intended for active website hosting, not as a replacement for services like Dropbox or cloud storage); streaming large media files in a manner inconsistent with typical website operation; running applications that consume disproportionate server resources to the detriment of other Subscribers; cryptocurrency mining or similar resource-intensive background processes; operating file-sharing services, torrent trackers, or similar distribution platforms.
Security Violations: Attempting to gain unauthorized access to any server, account, or network; distributing malware, viruses, or malicious code; conducting or facilitating phishing attacks or fraud schemes; using the Services to launch attacks against other systems or networks.
Email Abuse: Sending unsolicited bulk email (spam) from or through the Services; operating mailing lists without proper consent mechanisms; email practices that result in Tree Ring Digital’s IP addresses being blacklisted.
5.3 Enforcement
Tree Ring Digital reserves the right, in its sole discretion, to suspend or terminate any account that violates this Acceptable Use Policy, with or without prior notice depending on the severity of the violation. Illegal content or activity may result in immediate suspension without notice and may be reported to appropriate authorities.
6. USAGE POLICIES AND DEFINITIONS
“Unlimited” usage policies and definitions apply only to shared accounts.
6.1 What “Unlimited” Means
Tree Ring Digital does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, Tree Ring Digital makes every reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their websites successfully, as long as the Subscriber’s use of the service complies with these Terms.
6.2 What “Unlimited” Does NOT Mean
Tree Ring Digital employs complex mechanisms to protect its Subscribers and systems from abuse. Tree Ring Digital’s offering of “unlimited” services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers. Tree Ring Digital’s service is a shared hosting service, which means that multiple Subscriber websites are hosted from the same server and share server resources while having their own, secure portal for editing and maintaining. Tree Ring Digital’s service is designed to meet the typical needs of small to mid-sized business website Subscribers in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
6.3 Resource Limits
Tree Ring Digital does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber’s account, with or without notice. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. Tree Ring Digital may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber’s account, with or without notice.
7. THIRD-PARTY SERVICES AND INFRASTRUCTURE
7.1 Infrastructure Dependencies
Subscriber acknowledges that the Services are delivered using infrastructure and services provided by third parties, including but not limited to: Amazon Web Services (AWS) for server hosting and infrastructure; Cloudflare for content delivery, SSL/TLS certificates, and security services; LiteSpeed for web server software; cPanel for hosting control panel access; and domain registrars for domain name services.
7.2 Limitation of Liability for Third-Party Services
Tree Ring Digital shall not be liable for any downtime, data loss, security incidents, performance issues, or service interruptions caused by or related to: outages or failures of AWS infrastructure or services; Cloudflare service interruptions, SSL certificate issues, or security service failures; domain registrar issues affecting domain resolution or availability; any other third-party service provider failures or outages; or changes to third-party service terms, pricing, or availability. Subscriber agrees that such third-party service issues do not constitute a breach of these Terms by Tree Ring Digital, and Subscriber’s sole remedy for such issues shall be to cancel the Services as set forth herein.
7.3 Service Level
Tree Ring Digital does not guarantee any specific uptime percentage or service level. While Tree Ring Digital makes reasonable efforts to maintain consistent service availability, Subscriber acknowledges that periodic downtime may occur due to maintenance, updates, third-party service issues, or unforeseen circumstances.
8. FORCE MAJEURE
Tree Ring Digital shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond Tree Ring Digital’s reasonable control, including but not limited to: natural disasters (earthquakes, floods, hurricanes, fires, etc.); pandemics, epidemics, or public health emergencies; acts of war, terrorism, civil unrest, or government actions; cyberattacks, including distributed denial of service (DDoS) attacks, whether targeting Tree Ring Digital, its infrastructure providers, or Subscriber’s website specifically; failure of internet backbone or telecommunications infrastructure; power outages or utility failures; failures of third-party service providers (including but not limited to AWS, Cloudflare, domain registrars, and SSL certificate authorities); labor disputes or shortages; and any other events beyond Tree Ring Digital’s reasonable control.
During any force majeure event, Tree Ring Digital’s obligations shall be suspended for the duration of the event. Such suspension shall not constitute a breach of these Terms, and Subscriber shall not be entitled to any refund, credit, or damages resulting from such events.
9. DATA, PRIVACY, AND SECURITY
9.1 Data Collection and Use
Tree Ring Digital collects and maintains only the information necessary to provide the Services, including: account registration information (name, email, billing information); website files and databases stored on Tree Ring Digital servers; and server logs and usage data for operational and security purposes.
9.2 No Sale of Data
Tree Ring Digital does not sell, rent, or share Subscriber data with third parties for marketing purposes. Data may be shared with third-party service providers (such as AWS and Cloudflare) solely as necessary to deliver the Services.
9.3 Data Ownership
All content uploaded by Subscriber to Tree Ring Digital servers remains the property of Subscriber. Tree Ring Digital claims no ownership interest in Subscriber content. Tree Ring Digital maintains a limited license to Subscriber content solely for the purpose of providing the Services (including creating backups, performing migrations, and delivering content to website visitors).
9.4 Security Measures
Tree Ring Digital employs industry-standard security measures including but not limited to: isolated cPanel environments for each Subscriber account; Imunify security software for malware detection and prevention; Cloudflare security services including DDoS protection; and regular security monitoring by trained server technicians. Notwithstanding the above, Subscriber acknowledges that no security measure is infallible, and Tree Ring Digital does not guarantee that the Services will be free from security vulnerabilities or breaches.
9.5 Data Breach Notification
In the event Tree Ring Digital discovers a security breach affecting Subscriber data, Tree Ring Digital will make reasonable efforts to notify affected Subscribers within seventy-two (72) hours of confirming the breach. Notification will be sent to the email address on file for the account. Such notification shall describe the nature of the breach and any steps Subscriber should take in response.
9.6 Data After Termination
Upon termination or cancellation of Services, Subscriber data will be removed from active servers. Tree Ring Digital may retain backup copies of Subscriber data for operational and archival purposes for up to five (5) years following termination, after which such data may be permanently deleted. Subscriber may request deletion of backup data at any time by submitting a written request to [email protected]; such requests will be processed within thirty (30) days.
9.7 California Privacy Rights (CCPA)
California residents may request information about what personal data Tree Ring Digital holds about them, request deletion of their personal data, and opt out of any sale of personal data (though Tree Ring Digital does not sell personal data). To exercise these rights, contact [email protected].
10. CLIENT ACCESS AND RESTRICTIONS
10.1 cPanel Access
Each Subscriber is provided access to their own cPanel control panel for managing their hosting account, including file management, database administration, email configuration, and other standard cPanel features. Subscriber owns and controls access to their cPanel account.
10.2 FTP/SFTP Access
For security purposes, FTP access (Port 21) is disabled by default. Subscribers requiring FTP or SFTP access may request it by contacting Tree Ring Digital at [email protected]. Tree Ring Digital may enable access within a reasonable timeframe upon verification of account ownership.
10.3 Server-Level Restrictions
While Subscribers have full access to their cPanel environment, certain server-level configurations and settings are restricted and managed by Tree Ring Digital for security, stability, and performance reasons. These restrictions are necessary to maintain a stable shared hosting environment and protect all Subscribers.
10.4 Cloudflare Access
Tree Ring Digital manages a master Cloudflare account for providing CDN and security services. Subscribers may request access to view or manage their specific Cloudflare settings by contacting Tree Ring Digital.
11. DMCA COMPLIANCE AND COPYRIGHT
11.1 Subscriber Responsibility
Subscriber is solely responsible for ensuring that all content hosted on the Services does not infringe on the intellectual property rights of any third party. Tree Ring Digital does not review, monitor, or verify the copyright status of Subscriber content.
11.2 DMCA Safe Harbor
Tree Ring Digital operates as a service provider under the Digital Millennium Copyright Act (DMCA). If you believe content hosted on Tree Ring Digital servers infringes your copyright, please send a written notice to our designated DMCA agent containing: (1) A physical or electronic signature of the copyright owner or authorized agent; (2) Identification of the copyrighted work claimed to have been infringed; (3) Identification of the material claimed to be infringing, with sufficient information to locate it; (4) Your contact information (address, telephone number, email); (5) A statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law; and (6) A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
11.3 DMCA Agent
Adroit Creative Solutions LLC dba Tree Ring Digital
Email: [email protected]
3000 Lawrence Street, Suite 601, Denver, CO 80205
11.4 Response to DMCA Notices
Upon receipt of a valid DMCA notice, Tree Ring Digital will: remove or disable access to the allegedly infringing material; notify the Subscriber whose content was removed; and provide information about counter-notification procedures if applicable. Tree Ring Digital reserves the right to terminate accounts of Subscribers who are repeat copyright infringers.
12. DISCLAIMER OF WARRANTY
YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. TREE RING DIGITAL HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHERWISE HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY TREE RING DIGITAL’S REPRESENTATIVE SHALL CREATE A WARRANTY. TREE RING DIGITAL DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE.
13. LIMITATION OF LIABILITY
TREE RING DIGITAL SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL TREE RING DIGITAL BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, IP RIGHTS HOLDER INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT TREE RING DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
TREE RING DIGITAL SHALL NOT BE LIABLE FOR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY. TREE RING DIGITAL’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL TREE RING DIGITAL’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO TREE RING DIGITAL FOR THE PRIOR ONE-MONTH PERIOD.
NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.
14. INDEMNIFICATION
You, the Subscriber, agree to defend, indemnify and hold Tree Ring Digital, its affiliates and partners of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Tree Ring Digital’s own gross negligence or willful misconduct. Tree Ring Digital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.
15. INTELLECTUAL PROPERTY
Subscriber retains all ownership rights to content uploaded to the Services. Tree Ring Digital does not claim any ownership interest in Subscriber content. The Services, including all software, systems, server configurations, and infrastructure (including but not limited to cPanel licenses, server management tools, and proprietary configurations), are and shall remain the property of Tree Ring Digital or its licensors. Subscriber is granted a limited, non-exclusive, non-transferable license to use the Services for the duration of Subscriber’s account.
16. GOVERNING LAW AND DISPUTE RESOLUTION
16.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.
16.2 Jurisdiction and Venue
Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Colorado. Subscriber hereby consents to the personal jurisdiction and venue of such courts and waives any objection based on inconvenient forum.
16.3 Informal Resolution
Before initiating any formal legal proceeding, Subscriber agrees to first contact Tree Ring Digital at [email protected] to attempt to resolve any dispute informally. The parties shall make good faith efforts to resolve any dispute within thirty (30) days of initial contact.
16.4 Limitation on Claims
Any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the cause of action arises, or such claim shall be permanently barred.
16.5 Waiver of Class Actions
Subscriber agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Subscriber waives any right to participate in a class action lawsuit or class-wide arbitration against Tree Ring Digital.
17. MISCELLANEOUS
17.1 Backups
For its own operational efficiencies and purposes, Tree Ring Digital from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. It is solely Subscriber’s duty and responsibility to backup Subscriber’s files and data on Tree Ring Digital servers, and under no circumstance will Tree Ring Digital be liable to anyone for damages of any kind under any legal theory for loss of Subscriber files and/or data on any Tree Ring Digital server.
17.2 Accurate Account Information
It is the Subscriber’s responsibility to continually update and keep accurate and current Subscriber’s contact information on file with Tree Ring Digital in order to avoid termination of Subscriber’s Tree Ring Digital account(s). If Tree Ring Digital is unable to contact Subscriber due to inaccurate information, Tree Ring Digital cannot be held responsible for termination of account.
17.3 Authority
In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing Tree Ring Digital Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, limited liability company, partnership, joint venture or other individuals in connection with Subscriber’s acceptance of all Terms set forth herein.
17.4 Reservation of Rights
Tree Ring Digital reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber’s hosting term with Tree Ring Digital.
17.5 Assignment
Tree Ring Digital may assign these Terms and all rights and obligations hereunder, in whole or in part, to any successor or affiliate without Subscriber’s consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all assets. Subscriber may not assign or transfer these Terms or any rights or obligations hereunder without Tree Ring Digital’s prior written consent. Any attempted assignment in violation of this section shall be void.
17.6 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
17.7 Electronic Communications
By using the Services, Subscriber consents to receive communications from Tree Ring Digital electronically, including but not limited to renewal notices, service announcements, policy updates, and billing communications. Subscriber agrees that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
17.8 Entire Agreement
These Terms, together with any service agreements, order forms, or other documents expressly incorporated by reference, constitute the entire agreement between Subscriber and Tree Ring Digital with respect to the Services and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
18. CONTACT INFORMATION
For questions about these Terms or the Services, contact:
Tree Ring Digital
A DBA of Adroit Creative Solutions LLC
Email: [email protected]
Website: TreeRingDigital.com