www.digitalocean.com - Githubissues

8cdc98ee4f8fe6e3ba3a228956c5396dc5d6912d: https://www.digitalocean.com/legal/privacy-policy @ 2022-04-09

difference captured:

diff --git a/www.digitalocean.com/legal/privacy-policy.md b/www.digitalocean.com/legal/privacy-policy.md
index b6e19c4..d4aabca 100644
--- a/www.digitalocean.com/legal/privacy-policy.md
+++ b/www.digitalocean.com/legal/privacy-policy.md
@@ -2,24 +2,25 @@ Legal & Security
 Privacy Policy
 Privacy Policy

-Last updated: July 31, 2020
+Last Updated on July 31, 2020

-This Privacy Policy describes how DigitalOcean, LLC and its affiliates ("DigitalOcean," "we," "our" or "us") collect, use, and share information in connection with your use of our websites (including www.digitalocean.com), services, and applications (collectively, the "Services"). This Privacy Policy (the "Privacy Policy") does not apply to information our customers may process when using our Services.
+This Privacy Policy describes how DigitalOcean, LLC and its affiliates (“DigitalOcean,” “we,” “our” or “us”) collect, use, and share information in connection with your use of our websites (including www.digitalocean.com), services, and applications (collectively, the “Services”). This Privacy Policy (the “Privacy Policy”) does not apply to information our customers may process when using our Services.

 If you are looking for CCPA-specific information, check out our CCPA Privacy Notice as well, which is incorporated into this Privacy Policy.

-We may collect and receive information about users of our Services ("users," "you," or "your") from various sources, including: (i) information you provide through your user account on the Services (your "Account") if you register for the Services; (ii) your use of the Services; and (iii) from third-party websites, services, and partners.
+We may collect and receive information about users of our Services (“users,” “you,” or “your”) from various sources, including: (i) information you provide through your user account on the Services (your “Account”) if you register for the Services; (ii) your use of the Services; and (iii) from third-party websites, services, and partners.

-We recommend that you read this Privacy Policy in full, including the Additional Disclosures referenced at the bottom of this document, to ensure you are fully informed. If you have any questions about this Privacy Policy or DigitalOcean's data collection, use, and disclosure practices, please contact us at privacy@digitalocean.com.
+We recommend that you read this Privacy Policy in full, including the Additional Disclosures referenced at the bottom of this document, to ensure you are fully informed. If you have any questions about this Privacy Policy or DigitalOcean’s data collection, use, and disclosure practices, please contact us at privacy@digitalocean.com.

 1. Information We Collect
+
 Information You Provide

 I. Account Registration. When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number. If you choose to refer a friend to our Services, we may also collect your friend’s email address so that we may send them a referral or promotional code to sign up for our Services.\

 II. Payment Information. When you add your financial account information to your Account, that information is directed to our third-party payment processor. We do not store your financial account information on our systems; however, we have access to, and may retain, subscriber information through our third-party payment processor.

-III. User Content. Our "Community" feature allows you to publicly post content on our Services. By registering for our Community, you agree that your profile information and the content you post may be viewed and used by other users and third parties we do not control.
+III. User Content. Our “Community” feature allows you to publicly post content on our Services. By registering for our Community, you agree that your profile information and the content you post may be viewed and used by other users and third parties we do not control.

 IV. Communications. If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. We may also receive a confirmation when you open an email from us.

@@ -27,13 +28,14 @@ The personal information that you are asked to provide, and the reasons why you

 Information We Collect When You Use Our Services.

-I. Cookies and Other Tracking Technologies. As is true of most websites, we gather certain information automatically and store it in log files. In addition, when you use our Services, we may collect certain information automatically from your device. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data, landing page, and referring URL. To collect this information, a cookie may be set on your computer or device when you visit our Services. Cookies contain a small amount of information that allows our web servers to recognize you. We store information that we collect through cookies, log files, and/or clear gifs to record your preferences. We may also automatically collect information about your use of features of our Services, about the functionality of our Services, frequency of visits, and other information related to your interactions with the Services. We may track your use across different websites and services. In some countries, including countries in the European Economic Area ("EEA"), the information referenced above in this paragraph may be considered personal information under applicable data protection laws.
+I. Cookies and Other Tracking Technologies. As is true of most websites, we gather certain information automatically and store it in log files. In addition, when you use our Services, we may collect certain information automatically from your device. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data, landing page, and referring URL. To collect this information, a cookie may be set on your computer or device when you visit our Services. Cookies contain a small amount of information that allows our web servers to recognize you. We store information that we collect through cookies, log files, and/or clear gifs to record your preferences. We may also automatically collect information about your use of features of our Services, about the functionality of our Services, frequency of visits, and other information related to your interactions with the Services. We may track your use across different websites and services. In some countries, including countries in the European Economic Area (“EEA”), the information referenced above in this paragraph may be considered personal information under applicable data protection laws.

 II. Usage of our Services. When you use our Services, we may collect information about your engagement with and utilization of our Services, such as processor and memory usage, storage capacity, navigation of our Services, and system-level metrics. We use this data to operate the Services, maintain and improve the performance and utilization of the Services, develop new features, protect the security and safety of our Services and our customers, and provide customer support. We also use this data to develop aggregate analysis and business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business.

 Information We Receive from Third Parties.

 I. Third-Party Accounts. If you choose to link our Services to a third-party account, we will receive information about that account, such as your authentication token from the third-party account, to authorize linking. If you wish to limit the information available to us, you should visit the privacy settings of your third-party accounts to learn about your options.
+
 2. How We Use Information

 We use the information we collect in various ways, including to:
@@ -88,7 +90,7 @@ When we have no ongoing legitimate business need to process your personal inform

 If you are a registered user, you may access certain information associated with your Account by logging into our Services or emailing privacy@digitalocean.com. If you terminate your Account, any public activity on your Account prior to deletion may remain stored on our servers and may remain accessible to the public.

-To protect your privacy and security, we may also take reasonable steps to verify your identity before updating or removing your information. The information you provide us may be archived or stored periodically by us according to backup processes conducted in the ordinary course of business for disaster recovery purposes. Your ability to access and correct your information may be temporarily limited where access and correction could: inhibit DigitalOcean's ability to comply with a legal obligation; inhibit DigitalOcean's ability to investigate, make or defend legal claims; result in disclosure of personal information about a third party; or result in breach of a contract or disclosure of trade secrets or other proprietary business information belonging to DigitalOcean or a third party.
+To protect your privacy and security, we may also take reasonable steps to verify your identity before updating or removing your information. The information you provide us may be archived or stored periodically by us according to backup processes conducted in the ordinary course of business for disaster recovery purposes. Your ability to access and correct your information may be temporarily limited where access and correction could: inhibit DigitalOcean’s ability to comply with a legal obligation; inhibit DigitalOcean’s ability to investigate, make or defend legal claims; result in disclosure of personal information about a third party; or result in breach of a contract or disclosure of trade secrets or other proprietary business information belonging to DigitalOcean or a third party.

 9. Your Data Protection Rights Under the General Data Protection Regulation (GDPR)

@@ -96,7 +98,7 @@ If you are a resident of the EEA, you have the following data protection rights:

 If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time by emailing privacy@digitalocean.com.
 In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by emailing privacy@digitalocean.com.
-You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us by emailing privacy@digitalocean.com.
+You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us by emailing privacy@digitalocean.com.
 Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time.  Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
 You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

@@ -110,7 +112,7 @@ You may unsubscribe from receiving certain promotional emails from us. If you wi

 Many browsers have an option for disabling cookies, which may prevent your browser from accepting new cookies or enable selective use of cookies. Please note that, if you choose not to accept cookies, some features and the personalization of our Services may no longer work for you. You will continue to receive advertising material but it will not be tailored to your interests.

-11. Children's Privacy
+11. Children’s Privacy

 DigitalOcean does not knowingly collect information from children under the age of 13, and children under 13 are prohibited from using our Services. If you learn that a child has provided us with personal information in violation of this Privacy Policy, you can alert us at privacy@digitalocean.com.

@@ -148,6 +150,7 @@ Press
 Legal
 Trust Platform
 Investor Relations
+DO Impact
 Products
 Products Overview
 Droplets

39a12dd2047b253ab55616b00917535e2b831814: https://www.digitalocean.com/legal/terms-of-service-agreement @ 2022-04-09

difference captured:

diff --git a/www.digitalocean.com/legal/terms-of-service-agreement.md b/www.digitalocean.com/legal/terms-of-service-agreement.md
index abd50db..fe941bb 100644
--- a/www.digitalocean.com/legal/terms-of-service-agreement.md
+++ b/www.digitalocean.com/legal/terms-of-service-agreement.md
@@ -2,8 +2,9 @@ Legal & Security
 Terms of Service Agreement
 Terms of Service Agreement

-Effective on October 22, 2020
-Prior TOS available here.
+Last Updated on February 5, 2022
+
+Effective on October 22, 2020 Prior TOS available here.

 Introduction

@@ -121,7 +122,7 @@ Except for the specific Services provided to you under this TOS or other express

 5.5 We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) respond to any applicable law, regulation, legal process or governmental request; (ii) enforce this TOS, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public. More information is available in our Law Enforcement Guidelines.

-5.6 As a reward for being early adopters of the Services, some Users with older Accounts received free bandwidth promotions contingent on their Accounts remaining operative, in good standing, and in compliance with this TOS ("Free Bandwidth Accounts"). Free Bandwidth Accounts will no longer receive free bandwidth if: (a) such Accounts are transferred in ownership to third party; (b) such Free Bandwidth Accounts are used in violation of this TOS (including the AUP); or (c) such Free Bandwidth Accounts are used in connection with any of the following activities: (i) run Torrents for download or Seed Servers, TOR, or services that include content of an adult or pornographic nature; (ii) resell or otherwise offer as a service such free bandwidth to third parties; or (iii) otherwise circumvent or attempt to circumvent the intended use of Free Bandwidth Accounts by redistributing the benefits of free bandwidth to third parties.
+5.6 As a reward for being early adopters of the Services, some Users with older Accounts received free bandwidth promotions contingent on their Accounts remaining operative, in good standing, and in compliance with this TOS (“Free Bandwidth Accounts”). Free Bandwidth Accounts will no longer receive free bandwidth if: (a) such Accounts are transferred in ownership to third party; (b) such Free Bandwidth Accounts are used in violation of this TOS (including the AUP); or © such Free Bandwidth Accounts are used in connection with any of the following activities: (i) run Torrents for download or Seed Servers, TOR, or services that include content of an adult or pornographic nature; (ii) resell or otherwise offer as a service such free bandwidth to third parties; or (iii) otherwise circumvent or attempt to circumvent the intended use of Free Bandwidth Accounts by redistributing the benefits of free bandwidth to third parties.

 5.7 The Services are subject to the trade and economic sanctions maintained by the Office of Foreign Assets Control (“OFAC”). By accessing the Services, you agree to comply with these laws and regulations. Specifically, you represent and warrant that you are not (a) located in any country that is subject to OFAC’s trade and economic sanctions, currently Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine; or (b) an individual or entity included on any U.S. lists of prohibited parties including: the Treasury Department’s List of Specially Designated Nationals List (“SDN List”) and Sectoral Sanctions List (“SSI List”). Additionally, you agree not to – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any service received from DigitalOcean in contradiction with these laws and regulations. Failure to comply with these laws and regulations may result in the suspension or termination of your Account.

@@ -129,17 +130,17 @@ Except for the specific Services provided to you under this TOS or other express

 5.9 You shall utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with account access information. You are solely responsible for any unauthorized access to your Account, and must notify DigitalOcean immediately of any such unauthorized access upon becoming aware of it.

-5.10 You shall notify DigitalOcean if and when you learn of any security incidents or breaches affecting the Websites or Services, including unauthorized access to your Account or Account credentials, and shall aid in any investigation or legal action that is taken by authorities and/or DigitalOcean to investigate and cure the security incident or breach to the extent caused by your Account or your use of the Websites and Services. Our Data Processing Agreement includes more information about security incidents as they pertain to certain personal data.  
+5.10 You shall notify DigitalOcean if and when you learn of any security incidents or breaches affecting the Websites or Services, including unauthorized access to your Account or Account credentials, and shall aid in any investigation or legal action that is taken by authorities and/or DigitalOcean to investigate and cure the security incident or breach to the extent caused by your Account or your use of the Websites and Services. Our Data Processing Agreement includes more information about security incidents as they pertain to certain personal data.

 6. Payments and Billing

-6.1 We use third-party payment processors (the "Payment Processors") to bill you through the payment account(s) linked to your Account (your "Billing Information"). The processing of payments may be subject to the terms, conditions and policies of the Payment Processors in addition to this TOS. We are not responsible for acts or omissions of the Payment Processors. You agree to pay us, through the Payment Processors or as otherwise agreed to by DigitalOcean, all sums for Services you select or use at applicable prices in accordance with our pricing and billing policies (DigitalOcean Cloud Dashboard (https://cloud.digitalocean.com/) when logged into your DigitalOcean account) and you hereby authorize us and applicable Payment Processors to charge all such sums (including all applicable taxes) to the payment method(s) specified in or linked to your Account (your "Payment Method").
+6.1 We use third-party payment processors (the “Payment Processors”) to bill you through the payment account(s) linked to your Account (your “Billing Information”). The processing of payments may be subject to the terms, conditions and policies of the Payment Processors in addition to this TOS. We are not responsible for acts or omissions of the Payment Processors. You agree to pay us, through the Payment Processors or as otherwise agreed to by DigitalOcean, all sums for Services you select or use at applicable prices in accordance with our pricing and billing policies (DigitalOcean Cloud Dashboard (https://cloud.digitalocean.com/) when logged into your DigitalOcean account) and you hereby authorize us and applicable Payment Processors to charge all such sums (including all applicable taxes) to the payment method(s) specified in or linked to your Account (your “Payment Method”).

 6.2 You must provide current, complete and accurate information for your Account and Billing Information, and must promptly update all such information in the event of changes (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us or our Payment Processors if your payment method is canceled (e.g., for loss or theft) or otherwise inoperable. Changes to such information can be made in your account settings.

 6.3 By entering into this TOS and using the Services, you agree to be billed on a recurring basis and to be automatically charged by us or our Payment Processors using your Payment Methods upon invoicing. If your Payment Method or payment of fees is subject to other terms and conditions, as set forth in order forms, invoices or otherwise, then those other terms and conditions apply in addition to this TOS. You may also be billed an amount up to your current balance at any time to verify the accuracy of your account information. We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Websites and Services at any time at our sole discretion, including for nonpayment, late payment, or failure to charge your Payment Methods upon invoicing.

-6.4 You are responsible for any duties, customs fees, taxes, and related penalties, fines, audits, interest and back-payments relating to your purchase of the Services, including but not limited to national, state or local sales taxes, use taxes, value-added taxes (VAT) and goods and services taxes (GST) (collectively, "Taxes"). Unless otherwise stated, our pricing policies do not include and are not discounted or enhanced for any such Taxes. If we become obligated to collect or pay Taxes in connection with your purchase of the Services, those Taxes will be invoiced to you as part of a billing process or collected at the time of purchase. In certain states, countries and territories, we may determine if your purchase of Services is subject to certain Taxes, and if so, may collect such Taxes and remit them to the appropriate taxing authority. If you believe that a given Tax does not apply or that some amount must be withheld from payments to us, you must promptly provide us with a tax certificate, withholding receipt, tax identifier (e.g., VAT ID) or other adequate proof, provided such information is valid and sufficiently authorized by all appropriate taxing authorities. You must also provide us with any tax identification information that is necessary for us to comply with our tax obligations, as we determine from time to time. You will be solely responsible for any misrepresentations made or non-compliance caused by you regarding Taxes, whether with respect to us or other parties, including any penalties, fines, audits, interest, back-payments or further taxes associated with such misrepresentations or non-compliance.
+6.4 You are responsible for any duties, customs fees, taxes, and related penalties, fines, audits, interest and back-payments relating to your purchase of the Services, including but not limited to national, state or local sales taxes, use taxes, value-added taxes (VAT) and goods and services taxes (GST) (collectively, “Taxes”). Unless otherwise stated, our pricing policies do not include and are not discounted or enhanced for any such Taxes. If we become obligated to collect or pay Taxes in connection with your purchase of the Services, those Taxes will be invoiced to you as part of a billing process or collected at the time of purchase. In certain states, countries and territories, we may determine if your purchase of Services is subject to certain Taxes, and if so, may collect such Taxes and remit them to the appropriate taxing authority. If you believe that a given Tax does not apply or that some amount must be withheld from payments to us, you must promptly provide us with a tax certificate, withholding receipt, tax identifier (e.g., VAT ID) or other adequate proof, provided such information is valid and sufficiently authorized by all appropriate taxing authorities. You must also provide us with any tax identification information that is necessary for us to comply with our tax obligations, as we determine from time to time. You will be solely responsible for any misrepresentations made or non-compliance caused by you regarding Taxes, whether with respect to us or other parties, including any penalties, fines, audits, interest, back-payments or further taxes associated with such misrepresentations or non-compliance.

 6.5 We may offer Service credits from time to time, and any provision of such credits is governed by the disclosures, terms and policies concerning the credits. You acknowledge and agree that all credits, whether previously offered or otherwise, are revocable or subject to early expiration at any time and for any reason or no reason by us, including for abuse, misrepresentation of Account information, unauthorized transfer, or illegal conduct by you.

@@ -153,11 +154,11 @@ The Websites and Services may include links to third party websites, services or

 8.2 You may not use Confidential Information except in connection with your use of the Service as permitted under this TOS or as separately authorized in a signed writing by us. You agree to not disclose Confidential Information during the term of this TOS, after you cease using the Services and after this TOS otherwise no longer applies. You will take all reasonable measures to avoid disclosure or unauthorized use of Confidential Information, including at least the measures you take to protect your own confidential information of a similar nature.

-8.3 We may offer "beta" versions or features of the Services (each, a "Beta Service"). Any production candidate or non-production version of Services or other version of the Services designated as a beta or testing version is considered a Beta Service under this TOS. We will determine, at our sole discretion, the availability, duration, features, and components of each Beta Service. If we permit you to use a Beta Service, you agree that information we provide relating to the Beta Service is Confidential Information, and you specifically agree, in addition to the other requirements set forth in this TOS, to not: (i) use the Beta Service for benchmarking or performance testing or to publicly disseminate performance information or analysis from any source relating to the Service; (ii) modify or create derivative works of the Beta Service or remove any product identification, proprietary, copyright or other notices contained in the Beta Service; or (iii) allow any other individual to access or use the Beta Service. We, at our sole discretion, shall determine whether or not to continue to offer any Beta Service, and may cease offering any Beta Service at any time.
+8.3 We may offer “beta” versions or features of the Services (each, a “Beta Service”). Any production candidate or non-production version of Services or other version of the Services designated as a beta or testing version is considered a Beta Service under this TOS. We will determine, at our sole discretion, the availability, duration, features, and components of each Beta Service. If we permit you to use a Beta Service, you agree that information we provide relating to the Beta Service is Confidential Information, and you specifically agree, in addition to the other requirements set forth in this TOS, to not: (i) use the Beta Service for benchmarking or performance testing or to publicly disseminate performance information or analysis from any source relating to the Service; (ii) modify or create derivative works of the Beta Service or remove any product identification, proprietary, copyright or other notices contained in the Beta Service; or (iii) allow any other individual to access or use the Beta Service. We, at our sole discretion, shall determine whether or not to continue to offer any Beta Service, and may cease offering any Beta Service at any time.

 9. No Warranty

-9.1 The Websites and Services, including without limitation any content delivered as a part thereof, are provided "as is" and on an "as available" basis. DigitalOcean disclaims all warranties of any kind, whether express or implied, relating to the Websites and Services and all content delivered in connection thereto, including but not limited to: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; (b) any warranty arising out of course of dealing, usage, or trade; or (c) any warranty or guaranty relating to availability, accuracy, error rate, system integrity, or uninterrupted access. We do not warrant that: (i) the Websites or Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Websites or Services is free of viruses or other harmful components; or (iv) the results of using the Websites or Services will meet your requirements. Your use of the Websites and Services is solely at your own risk.
+9.1 The Websites and Services, including without limitation any content delivered as a part thereof, are provided “as is” and on an “as available” basis. DigitalOcean disclaims all warranties of any kind, whether express or implied, relating to the Websites and Services and all content delivered in connection thereto, including but not limited to: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; (b) any warranty arising out of course of dealing, usage, or trade; or © any warranty or guaranty relating to availability, accuracy, error rate, system integrity, or uninterrupted access. We do not warrant that: (i) the Websites or Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Websites or Services is free of viruses or other harmful components; or (iv) the results of using the Websites or Services will meet your requirements. Your use of the Websites and Services is solely at your own risk.

 To the fullest extent permitted by law, we have no liability for Vendor Offerings. Rather, if applicable, all limited warranties, warranty disclaimer, limitations of liability and other specific provisions regarding the Vendor Offerings can be found in the DigitalOcean Marketplace Terms and Conditions or, if applicable, the agreement between you and the Vendor.

@@ -175,7 +176,7 @@ To the fullest extent permitted by law, we have no liability for Vendor Offering

 11. Indemnification

-To the fullest extent permitted by law, you are responsible for your use of the Websites and Services, and you shall defend, indemnify, and hold harmless us and our employees, officers, directors, agents, contractors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and costs, that arise from or relate to your Services Content, User Content, your End Users, or your access to or use of the Websites and Services, including your breach of this TOS or applicable law, willful misconduct, negligence, illegal activity, breach of security or data, unauthorized access to or use of your Account, or infringement of a third party’s right, including any intellectual property, confidentiality, property or privacy right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without limiting your indemnification obligations with respect to that matter, in which event you will make best efforts to assist and cooperate with us in defending the matter at your expense.
+To the fullest extent permitted by law, you are responsible for your use of the Websites and Services, and you shall defend, indemnify, and hold harmless us and our employees, officers, directors, agents, contractors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and costs, that arise from or relate to your Services Content, User Content, your End Users, or your access to or use of the Websites and Services, including your breach of this TOS or applicable law, willful misconduct, negligence, illegal activity, breach of security or data, unauthorized access to or use of your Account, or infringement of a third party’s right, including any intellectual property, confidentiality, property or privacy right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without limiting your indemnification obligations with respect to that matter, in which event you will make best efforts to assist and cooperate with us in defending the matter at your expense.

 12. Termination

@@ -215,7 +216,7 @@ While we prefer to give advance notice of termination, we reserve the right, in

 14.8 Relationship of the Parties. The parties are independent contractors. This TOS does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.

-14.9 Force Majeure. DigitalOcean shall not be liable for nonperformance of the terms herein to the extent that DigitalOcean is prevented from performing as a result of any act or event which occurs and is beyond DigitalOcean's reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, epidemic, pandemic or any unforeseen change in circumstances, or any other causes beyond our reasonable control.
+14.9 Force Majeure. DigitalOcean shall not be liable for nonperformance of the terms herein to the extent that DigitalOcean is prevented from performing as a result of any act or event which occurs and is beyond DigitalOcean’s reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, epidemic, pandemic or any unforeseen change in circumstances, or any other causes beyond our reasonable control.

 14.10 No Third-Party Beneficiaries. This TOS does not create any third party beneficiary rights in any individual or entity that is not a party to this TOS.

@@ -235,6 +236,7 @@ Press
 Legal
 Trust Platform
 Investor Relations
+DO Impact
 Products
 Products Overview
 Droplets

milonmaze / privacy-terms-observatory

www.digitalocean.com #71