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This policy was last updated on: September 20th, 2025. Read in No Distraction Mode.
This Terms of Service Agreement, along with our Acceptable Use Policy, Service Level Agreement, Privacy Policy, and any applicable amendments or Service Orders (collectively, the "Agreement"), is a legally binding contract between you ("Client," "you," or "your") and DigitalFyre Internet Solutions, LLC, a Massachusetts Limited Liability Company ("DigitalFyre," "we," "us," or "our")
By signing a Service Order, placing an order through our platform, or using any part of our services, you confirm that you have read, understood, and agree to be bound by all terms in this Agreement.
DigitalFyre will not begin providing the Services and Support until you have satisfied DigitalFyre's order approval criteria. Subject to your compliance with all of the terms and conditions of this Agreement, DigitalFyre shall provide the Services and Support to you during the term of this Agreement, following the commitments made in the Service Level Agreement and under applicable law. In the event of a failure by DigitalFyre to meet the obligations of this Section 2, your sole and exclusive remedy and DigitalFyre's sole obligation are the issuance of Service Credits as set forth in the Service Level Agreement.
You are solely responsible for the content of any postings, data, or transmissions using Services, or any other use of the Services by a User. You are responsible for keeping your account permissions, billing, and other account information up to date using the DigitalFyre portal, and you must use reasonable security precautions in connection with your use of the Services. You agree to fully comply with all of the obligations and restrictions set forth in the Acceptable Use Policy.
You agree to comply with all of the terms and conditions of this Agreement, make all payments of Fees when due, and comply with any and all laws applicable to your use of the Services. You shall immediately notify DigitalFyre of any unauthorized use of your account or any other breach of security and cooperate with DigitalFyre's investigation of service outages, security issues, or any suspected breach of the terms and conditions of this Agreement.
Certain Services are designed to help you comply with regulatory guidelines that may be applicable to you. You are responsible for understanding the regulatory requirements applicable to your business and for selecting and using DigitalFyre Services in a manner that complies with these requirements. Additionally, if payment card information, healthcare-related information, or personally identifiable information will be transmitted to or from or stored on equipment in conjunction with the Services, you shall disclose to DigitalFyre such fact prior to any such transmission and/or storage.
Your initial invoice will include any Setup Fees and the prorated portion of the Recurring Fees from the Service Commencement Date until the expiration of the Recurring Period. Thereafter, DigitalFyre will invoice you in advance for the Recurring Fees and in arrears for the Non-Recurring Fees at the beginning of each Recurring Period.
The Recurring Fees set forth in the Service Order shall remain fixed during the Initial Term. Upon commencement of any Renewal Term, the Recurring Fees for the Services shall be subject to the published fees then in effect on the date of such renewal.
Unless otherwise agreed in writing, payment for all Services is due on the invoice date.
If payment is not received within seven (7) days of the invoice due date, DigitalFyre reserves the right to suspend all associated Services without further notice. If the outstanding balance remains unpaid, services will be subject to complete termination, including the permanent deletion of data and backups, on the fourteenth (14th) day after the invoice due date.
DigitalFyre does not impose late payment fees. However, restoring services after suspension may require full settlement of the outstanding balance and is subject to infrastructure availability.
You are responsible for any taxes, levies, or duties imposed by applicable tax authorities, excluding taxes based on DigitalFyre's net income.
Any Service Credits granted, such as those outlined in the Service Level Agreement, will be applied as a credit toward future invoices and will not be issued as refunds.
If you wish to dispute any Fees, you must notify DigitalFyre in writing within fourteen (14) days of the invoice date. Failure to do so will constitute acceptance of the charges as invoiced.
You acknowledge and agree that DigitalFyre may suspend the Services, in whole or in part, without liability under the following circumstances:
During any suspension, DigitalFyre may restrict access to your data, including any associated backups, while preserving data integrity.
If Services are suspended due to non-payment, reactivation will occur upon full payment of the overdue balance, including any applicable late fees.
If suspension occurs due to a violation of the Acceptable Use Policy or failure to cooperate with an investigation, a $150.00 reconnection fee may be applied at DigitalFyre's discretion as a condition of service restoration.
No reinstatement will be provided for Services suspended due to legal or regulatory orders until the matter is fully resolved and cleared by the appropriate authority.
IN THE EVENT DigitalFyre TAKES ANY ACTION PURSUANT TO THIS SECTION, IT SHALL HAVE NO LIABILITY TO YOU OR ANYONE CLAIMING BY OR THROUGH YOU. Nothing herein shall preclude DigitalFyre from pursuing other remedies available by statute or otherwise permitted by law.
DigitalFyre employs various backup solutions based on the type of service provided. Clients are responsible for understanding and agreeing to the following data retention practices, which are also outlined in our Privacy Policy:
Backup data may be stored on infrastructure operated by trusted third-party providers under strict data protection agreements. All backup services are retained in geographically appropriate, regionally compliant data center locations based on the service's deployment region:
For clients using the WP Cloud platform, backup services are managed directly by WP Cloud and its parent organization, Automattic. Their infrastructure and backup compliance policies apply independently of DigitalFyre's systems.
For certain services, including Web Hosting, Managed Backup solutions, and Hypervisor Disaster Recovery backups, DigitalFyre may utilize Wasabi Object Storage. While DigitalFyre deletes data in accordance with the retention timelines above, Wasabi's internal Minimum Storage Retention Policy may apply. This means that once data is deleted by DigitalFyre, Wasabi may retain the physical objects for a period of time due to its internal retention mechanics. This retention does not make the data recoverable by DigitalFyre or the client. For more information, please refer to Wasabi's policy documentation: Wasabi Minimum Storage Duration Policy.
Unless otherwise specified by written agreement, all retention timelines are final and non-negotiable. DigitalFyre strongly advises clients to maintain their own off-site backups of important data at all times.
DigitalFyre performs complimentary backups of customer data as outlined in this policy, as part of our internal disaster recovery and service continuity procedures. These backups are provided strictly as a courtesy and are not guaranteed in terms of availability, integrity, or completeness. Customers are fully responsible for maintaining their own current and complete backups of all data hosted on our systems.
For enhanced protection, our Managed Backups service offers optional replication for increased redundancy and supports customer-owned storage integration. Regardless of the backup method in use, we strongly recommend maintaining independent, offsite copies of your data. DigitalFyre shall not be held liable for any data loss, corruption, or restoration failure under any circumstances.
Third-Party Backup and Archiving Services For certain services - including WP Cloud, Rackspace Email, and SpamExperts archiving - backups and archives are maintained by the underlying service provider (e.g., Automattic, Rackspace, or N-ABLE SpamExperts). In such cases, DigitalFyre acts solely as the service intermediary. While we will gladly assist in facilitating support requests, any issues or concerns regarding backups for these services must ultimately be addressed by the respective provider.
YOU ACKNOWLEDGE THAT ANY VIOLATION OF THIS AGREEMENT OR THE ACCEPTABLE USE POLICY MAY RESULT IN IMMEDIATE TERMINATION OF YOUR SERVICES WITHOUT REFUND OR PRIOR NOTICE.
Disclaimer You acknowledge your full awareness that violating our terms of service or acceptable use policy may result in an IMMEDIATE account termination.
The term of this Agreement shall be the Initial Term and any Renewal Terms. This Agreement will automatically renew for successive Renewal Terms at the end of the Initial Term or any Renewal Term; provided, however, either party may terminate this Agreement for convenience upon at least thirty (30) days' prior written notice to the other party.
If the Services are canceled before the end of the then-current term of this Agreement, no early termination fees will apply by default. If you are under a custom or contracted term agreement, any early exit fees will be defined within that specific contract and will apply accordingly.
Please note that all services and associated data may be removed upon cancellation, and no credits or refunds will be issued for unused time unless otherwise stated in the contract.
The parties hereby agree and acknowledge that such Early Termination Fees are reasonable. Early Termination Fees will be due and payable upon receipt of the invoice.
Any Non-Renewal Notice should be communicated via a Ticket in the DigitalFyre customer portal. Clients may also request an automatic termination of their services at the end of their billing cycle directly through the portal. DigitalFyre may restrict access to your data stored on DigitalFyre's servers following any termination.
Without limiting your right to early termination pursuant to Section 9, you may terminate this Agreement in the event of a material breach by DigitalFyre upon no less than fifteen (15) days prior written notice and opportunity to cure such material breach.
Without limiting DigitalFyre's rights to suspend the Services pursuant to Section 6, DigitalFyre may terminate this Agreement in the event of a material breach by you upon no less than fifteen (15) days prior written notice and opportunity to cure such material breach. Notwithstanding the foregoing, DigitalFyre may terminate this Agreement immediately if you violate the Acceptable Use Policy, whether or not you subsequently cure such violation.
Expiration or termination of this Agreement shall not relieve you of the requirement to pay Fees for Services provided prior to the effective date of termination.
DigitalFyre may, from time to time, conduct routine tests, maintenance, upgrades, or repairs on any part of the network, and DigitalFyre shall use commercially reasonable efforts to provide you with prior notice thereof. You acknowledge that there may be instances where it is not practicable for DigitalFyre to provide advance notice of a disruption, for example, in the event of an emergency. In such cases, DigitalFyre shall be entitled to temporarily disrupt the Services to conduct restoration and remedial works without prior notice.
Each party will safeguard and keep confidential all Confidential Information of the other and will return the other's Confidential Information upon request, except to the extent further retention of such Confidential Information is necessary for a party to perform any post-termination obligations or exercise any post-termination rights under this Agreement. Each party agrees to safeguard the other's Confidential Information using measures that are equal to the standard of performance used by the Non-Disclosing party to safeguard its own Confidential Information of comparable value, but in no event less than reasonable care. Neither party will use any Confidential Information of the other party for any purpose except to implement its rights and obligations under this Agreement and as otherwise expressly contemplated by this Agreement; provided, however, that if any party or its representatives is requested or required to disclose any Confidential Information by a subpoena or court order, that party will promptly notify the other party (unless prohibited by such subpoena or order) of such request or requirement so that the other party may seek an appropriate protective order or other appropriate relief and/or waive compliance with provisions of this Agreement, and if, in the absence of such relief or waiver hereunder, any party or its representative are, in the opinion of its counsel, legally compelled to disclose Confidential Information, then that party may disclose so much of the Confidential Information to the person compelling disclosure as is, according to such opinion, required, without liability hereunder.
This Section governs the treatment of Confidential Information in general and does not replace or override DigitalFyre's obligations regarding the handling of personal data, which are separately detailed in our Privacy Policy.
DigitalFyre REPRESENTS THAT IT SHALL PROVIDE THE SERVICES IN COMPLIANCE WITH ITS PUBLISHED SERVICE LEVEL AGREEMENT (SLA). THIS IS THE ONLY WARRANTY PROVIDED UNDER THIS AGREEMENT.
EXCEPT FOR THIS LIMITED WARRANTY, DigitalFyre AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OF TRADE, OR PERFORMANCE.
DigitalFyre DOES NOT GUARANTEE THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR ENTIRELY SECURE. WHILE REASONABLE MEASURES ARE TAKEN TO MAINTAIN STABILITY AND SECURITY, CLIENT UNDERSTANDS THAT INTERNET-BASED SERVICES INVOLVE INHERENT RISKS AND OCCASIONAL DISRUPTIONS.
FURTHERMORE, DigitalFyre MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR PRIVACY OF ANY DATA TRANSMITTED OVER THE INTERNET OR STORED ON SYSTEMS USED TO PROVIDE THE SERVICES. DigitalFyre SHALL NOT BE HELD LIABLE FOR ANY DATA LOSS, CORRUPTION, DELAY, INTERRUPTION, VIRUS, UNAUTHORIZED ACCESS, OR OTHER EVENT ARISING FROM THE USE OF THE INTERNET OR RELATED INFRASTRUCTURE.
CLIENT IS SOLELY RESPONSIBLE FOR IMPLEMENTING ADEQUATE SECURITY MEASURES, INCLUDING BUT NOT LIMITED TO FIREWALL CONFIGURATION, PASSWORD MANAGEMENT, DATA ENCRYPTION, AND OFF-SITE BACKUPS, TO SAFEGUARD ITS OWN SYSTEMS AND DATA FROM UNAUTHORIZED ACCESS OR MALICIOUS ACTIVITY.
EXCEPT IN CASES OF DigitalFyre'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE TOTAL LIABILITY OF DigitalFyre AND ITS LICENSORS FOR ANY CLAIMS, DAMAGES, OR LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES (INCLUDING FAILURES OR DELAYS IN SERVICE DELIVERY) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT THAT GAVE RISE TO THE CLAIM, OR A PRORATED EQUIVALENT IF THE SERVICE IS BILLED ANNUALLY.
EXCEPT AS PROVIDED IN OUR SERVICE LEVEL AGREEMENT (SLA), DigitalFyre SHALL NOT BE LIABLE FOR ANY DELAYS IN PROVISIONING OR DELIVERING SERVICES.
IN NO EVENT SHALL DigitalFyre OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU UNDERSTAND AND AGREE THAT DigitalFyre SHALL NOT BE HELD LIABLE FOR ANY DAMAGES RESULTING FROM THE SUSPENSION OF SERVICES IN ACCORDANCE WITH THIS AGREEMENT.
You agree to indemnify, defend, and hold harmless DigitalFyre, its affiliates, employees, agents, and contractors from any third-party claims, losses, liabilities, costs, or legal actions (including attorneys' fees) arising from:
DigitalFyre agrees to indemnify, defend, and hold you harmless from claims brought by third parties alleging that the Services, as provided and unaltered, infringe upon valid U.S. intellectual property rights. This obligation applies only if:
This section survives the termination of the Agreement.
Each of us shall retain all right, title, and interest in and to each party's respective intellectual property rights, including, without limitation, all patents, inventions, trademarks, copyrights, and trade secrets. Any intellectual property used, developed, or otherwise reduced to practice in providing the Services to you shall be the sole and exclusive property of DigitalFyre and/or its licensors, unless we specifically agree in writing otherwise.
You acknowledge and agree that you do not acquire any ownership interest in any of the servers or other hardware used to provide the Services hereunder. Similarly, we do not acquire any ownership interest in the content or data that you store on the servers or transmit via the Services.
You acknowledge and agree that third-party software and hardware are used in the provision of Services. Accordingly, you agree to abide by the terms and conditions of any end-user licenses or other agreements relating to the use of such hardware or software.
You acknowledge and agree that any IP addresses that DigitalFyre may assign to you in connection with the Services are registered to and owned by DigitalFyre. Upon any expiration or termination of this Agreement, you agree to release and cease using any such IP addresses.
When you purchase a domain name through DigitalFyre, you are the legal registrant and owner of that domain. DigitalFyre acts as an intermediary for domain registration services and provides management access via our customer portal.
All domain registrations are provisioned through one of our registrar partners, including Enom, Hexonet, Moniker, or CentralNic. As required by ICANN and relevant domain registries, your personal information (such as name, email address, and phone number) may be shared with the selected registrar and stored in accordance with their respective privacy policies.
You maintain full ownership rights over any domain you register through DigitalFyre, including the right to transfer the domain to another registrar. Please note that most domains are subject to a mandatory 60-day lock period from the date of registration or transfer, during which registrar-to-registrar transfers are restricted.
While DigitalFyre may assist with domain renewals, DNS updates, and other management tasks, it is your responsibility to ensure that registration and contact details remain accurate and that renewal fees are paid on time to avoid expiration or loss of ownership.
To maintain a secure hosting environment, DigitalFyre enforces two-factor authentication (2FA) for all users and staff across all interfaces and control panels that support it. This includes, but is not limited to, the client portal, VPS control panel, and management systems.
Some third-party platforms-such as cloud-hosted email, anti-spam systems, monitoring tools, and webmail portals-may not support 2FA. In these cases, and in general, customers are always encouraged to use a secure password manager, maintain complex and unique passwords, and rotate credentials periodically.
Customers are solely responsible for maintaining the confidentiality of their login credentials. DigitalFyre is not liable for unauthorized access resulting from compromised passwords or credentials due to causes outside of our control.
To help us maintain a stable and professional team, you agree not to directly solicit or hire any DigitalFyre employee, contractor, or service partner during your time as a client - and for one (1) year after your services end - unless you receive written approval from us.
We are not responsible for delays or failures caused by events outside our reasonable control. This includes, but is not limited to: natural disasters, wars, terrorism, fires, acts of government, shortages of supplies, failures of internet providers or carriers, or any unexpected disruptions caused by third parties.
If you believe there's an issue or claim under this Agreement, please notify us in writing within 60 days of the event so we can work with you to resolve it. We cannot address claims raised beyond this window.
Unless otherwise stated, all formal notices must be delivered by:
DigitalFyre notices will be sent to the mailing address listed in your customer portal. Your notices to us should be sent to:
DigitalFyre Internet Solutions, LLC 265 Franklin Street, Suite 1702 Boston, MA 02110 Attn: Legal
Mailing addresses may be updated by providing written notice to the other party.
Certain terms will continue to apply even after this Agreement ends. These include Sections 3, 5, 7, 12, 14, 15, and 16.
We may update this Agreement or related policies (e.g., Terms of Service, Privacy Policy, Acceptable Use Policy) at any time.
By accepting this Agreement, you confirm that:
You may not transfer this Agreement to someone else without our prior written approval. We won't unreasonably withhold that approval.
This Agreement is governed by the laws of the Commonwealth of Massachusetts, excluding its conflict-of-law rules.
You agree to submit to the exclusive jurisdiction of the state and federal courts in Massachusetts. However, we reserve the right to bring legal action in other jurisdictions if needed to enforce our rights through injunction or similar relief.
This Agreement - along with the Acceptable Use Policy, Privacy Policy, Service Level Agreement, and any signed amendments - represents the full understanding between you and DigitalFyre. Any conflicting terms in purchase orders or other documents will not apply unless explicitly accepted by DigitalFyre in writing.
We may update this Privacy Policy from time to time. Any changes will be posted to this page and, where appropriate, notified to existing clients via email or client portal notice.
Policy Updates and Historical VersionsThis policy was last updated on: September 20th, 2025. The update does not reflect a change in service or data practices, but is intended to provide additional clarity and transparency.All clients will be notified of relevant policy updates through the client portal. Historical versions of our policies are available to existing clients upon request.
