Last Updated: February 20, 2026
These Terms of Use (“Terms”) are a legally binding agreement between you and HistoryIT, Inc., a Delaware corporation with offices located at 202 Gannett Drive, South Portland, Maine 04106 (“HistoryIT,” “we,” “our,” or “us”). These Terms govern your access to and use of MemoryPort by HistoryIT and any related websites, web applications, mobile applications, and online services that link to these Terms (collectively, the “Service”).
MemoryPort is a platform designed to help communities commemorate and honor people by creating and maintaining memorial pages and by enabling community members to share memories, photos, stories, and other content.
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.
1. Changes to These Terms
We may revise these Terms from time to time. The “Last Updated” date above indicates when these Terms were last revised. Changes are effective when posted to the Service and apply to all use of the Service after posting. Your continued use of the Service after changes are posted means you accept the revised Terms.
2. Definitions
For purposes of these Terms:
(a) “Commemoration Site” means a branded, public-facing commemoration website created and hosted through the Service for an organization customer.
(b) “Tribute Page” means an individual memorial page within a Commemoration Site.
(c) “Customer” means the organization (for example, a school, fraternity/sorority, association, or other community) that licenses the Service from HistoryIT to create and administer a Commemoration Site.
(d) “Account Manager” means a person authorized by a Customer to administer the Customer’s Commemoration Site, including moderating content and managing site settings.
(e) “Community User” means an individual who accesses a Commemoration Site as a visitor or contributor. Community Users are not Account Managers.
(f) “User Content” means any text, photographs, audio, video, graphics, links, information, or other content submitted, posted, uploaded, transmitted, or otherwise made available through the Service by a user, including memories, comments, and other submissions.
(g) “Visitor” means any person who accesses or browses the Service but does not post User Content.
3. Who These Terms Apply To; Other Agreements
These Terms apply to all persons who access or use the Service, including Visitors and Community Users.
If you are an Account Manager or other authorized administrative user acting on behalf of a Customer, your administrative use of the Service may also be governed by a separate subscription or SaaS agreement between HistoryIT and the Customer (a “Customer Agreement”). In the event of a conflict between these Terms and a Customer Agreement, the Customer Agreement controls as between HistoryIT and the Customer for administrative use. These Terms still apply to your access to and use of the public-facing portions of the Service and any use not covered by the Customer Agreement.
4. Eligibility
(a) Age. The Service is not directed to children under 13. You may use the Service only if you are at least 13 years old and can form a binding contract with HistoryIT (or, if you are between 13 and the age of majority where you live, only with the consent and supervision of a parent or legal guardian).
(b) Removed Users. The Service is not available to users who have been removed or banned from the Service.
5. Accounts, Email Verification, and Account Security
(a) Access Levels. Some parts of the Service may be browsed without creating an account. To post User Content or use certain features, you may be required to create an account and/or verify your email address.
(b) Security. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account or verified email address. Notify us promptly of any unauthorized access or use.
(c) Accuracy. You agree that information you provide to the Service will be accurate and up to date, and that you will not misrepresent your identity or your relationship to a person being commemorated.
6. Customer-Managed Commemoration Sites; Permissions and Privacy
(a) Account Manager Controls. Each Commemoration Site is established and administered by a Customer through its Account Managers. Account Managers may control site settings, moderation rules, privacy modes (for example, public or invite-only), and your ability to view or contribute content on that site.
(b) No Expectation of Privacy. Depending on the settings of a Commemoration Site or Tribute Page, User Content may be visible to the public or to members of a defined community. You understand that content you share with another user or within a restricted area may be made visible to additional people by that user or by an Account Manager, consistent with the Service’s features. Do not submit content you consider confidential or that you do not have the right to share.
7. Service Availability, Changes, and Storage
(a) Changes and Discontinuation. We may change, suspend, or discontinue any part of the Service at any time, temporarily or permanently, with or without notice. We will not be liable to you for any modification, suspension, or discontinuation of the Service.
(b) Interruptions. You understand that the Service may be unavailable from time to time due to scheduled maintenance, updates, or circumstances beyond our reasonable control.
(c) Storage and Retention. We may establish general practices and limits concerning use of the Service, including limits on storage, features, or posting volume. We are not responsible for the deletion of, failure to store, or loss of User Content, except as may be expressly provided in a Customer Agreement for Customers.
(d) Continued Availability of Pages. We intend for Commemoration Sites and Tribute Pages to remain available while we operate the Service and (where applicable) while a Customer maintains an active subscription, but we do not guarantee that any specific page, feature, or content will remain available indefinitely.
8. User Content and Community Standards
(a) Your Responsibility. You are solely responsible for your User Content and for your interactions with others through the Service. The Service may contain content submitted by Community Users and other third parties. We do not control or endorse User Content and we are not responsible for its accuracy, legality, or appropriateness.
(b) Purpose of the Service. The Service is intended to support commemoration, remembrance, and community. Content or conduct that undermines the spirit of respect and care may be removed.
(c) Content Standards. You agree not to submit, post, transmit, or otherwise make available User Content, and not to use the Service, in a way that:
(i) is false, inaccurate, misleading, or deceptive (including falsely stating someone has died or impersonating another person);
(ii) is unlawful, defamatory, harassing, threatening, hateful, or abusive;
(iii) is pornographic or sexually explicit, or exploits or endangers minors;
(iv) infringes or misappropriates any intellectual property right, privacy right, or publicity right, or breaches any duty of confidentiality;
(v) discloses another person’s sensitive personal information (such as a home address, phone number, financial account information, or government identifiers) without permission;
(vi) contains malware or other harmful code, or attempts unauthorized access to the Service;
(vii) interferes with or disrupts the Service, including by scraping, crawling, or using automated means to access the Service without our prior written permission; or
(viii) violates any applicable law or regulation.
(d) Reporting. Please report objectionable content or suspected violations using reporting tools available in the Service or by contacting us as described in Section 22.
9. Ownership of User Content; Licenses You Grant
(a) Your Ownership. As between you and HistoryIT, you retain any ownership rights you have in your User Content.
(b) License to HistoryIT. By submitting User Content to the Service, you grant HistoryIT a worldwide, non-exclusive, royalty-free license to host, store, cache, reproduce, display, perform, distribute, and otherwise use your User Content as necessary to: (i) operate, provide, maintain, and improve the Service; (ii) make your User Content available in accordance with the settings and features you (and, where applicable, Account Managers) select; (iii) enforce these Terms; and (iv) comply with law.
(c) License to Customer and Other Users. You also grant the Customer that operates the applicable Commemoration Site a non-exclusive, worldwide, royalty-free license to access, display, reproduce, distribute, and otherwise use (and to make reasonable technical or formatting modifications to) your User Content (i) through the Service, consistent with that site’s settings and features; and (ii) at the Customer’s option, to export, store, preserve, catalog, and integrate your User Content into the Customer’s own digital archive and to make it available (including by displaying or publishing it) through the Customer’s digital archive systems, digital museum sites, or related digital history/heritage online experiences, for commemorative, archival, educational, and public-history purposes, in each case consistent with any privacy, access, and permissions settings applicable to that content and subject to applicable law. The Customer may authorize its service providers to do the foregoing on its behalf. You also grant other users of that site a non-exclusive license to access, display, and use your User Content through the Service, consistent with that site’s settings and features.
(d) Removal; Backups. If you remove User Content (where the Service permits), the licenses above will end as to that removed content, except that: (i) we may retain and use copies for backup, security, legal compliance, or archival purposes for a limited period; and (ii) content that has been shared or reproduced by others may continue to exist outside the Service. For clarity, if the Customer has exported or integrated your User Content into its own digital archive or digital museum sites as described in Section 9(c), the Customer may retain and continue to use those exported copies as described in Section 9(c) even if you later remove your User Content from the Service.
(e) Your Representations. You represent and warrant that you own or have all necessary rights to submit your User Content and to grant the licenses above, and that your User Content complies with these Terms.
10. Moderation, Monitoring, and Enforcement
(a) Moderation. We and/or Account Managers may (but are not obligated to) review, screen, monitor, remove, restrict, or disable access to User Content at any time, with or without notice, including where we believe content violates these Terms or could create risk or liability.
(b) Automated Tools. The Service may use automated tools, including AI-assisted systems, to help flag content for review. Automated systems can make mistakes; we do not guarantee that all problematic content will be identified or removed.
(c) Enforcement Actions. We may suspend or terminate access to the Service (in whole or in part), restrict features, or disable accounts or verified email credentials, at any time, if we reasonably believe you violated these Terms, posed a security risk, or engaged in unlawful activity.
11. Copyright and Intellectual Property Complaints (DMCA)
We respect intellectual property rights. If you believe content on the Service infringes your copyright, please submit a notice consistent with the Digital Millennium Copyright Act (“DMCA”) to our designated agent:
Attn: DMCA Copyright Agent
HistoryIT, Inc.
202 Gannett Drive
South Portland, ME 04106
Phone: 207-699-4222
Email: [email protected]
We may terminate accounts of repeat infringers in appropriate circumstances.
12. HistoryIT and MemoryPort Intellectual Property
Except for User Content, the Service (including the software, design, text, graphics, logos, trademarks, and other materials) is owned by HistoryIT or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for its intended purposes.
“HistoryIT,” “MemoryPort,” and related names, logos, and slogans are trademarks of HistoryIT or its licensors. You may not use them without our prior written permission, except as allowed by applicable law.
You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of the Service or any portion of it except to the extent expressly permitted by law or by us in writing.
13. Third-Party Services, Fundraising Links, and External Links
The Service may integrate with or link to third-party websites, services, or tools (for example, social media platforms, donation or fundraising pages designated by a Customer, or analytics providers). We do not control those third parties and are not responsible for their content, policies, or practices. Your use of third-party services is at your own risk and subject to their terms.
14. Purchases and Paid Features
Some parts of the Service may be offered for a fee (for example, Customer subscriptions or optional paid features). If you purchase anything through the Service, you agree to provide accurate payment information and to pay all applicable charges and taxes. Payment processing may be handled by third-party providers, and your transaction may be subject to those providers’ terms and privacy policies.
If you are using the Service on behalf of a Customer under a Customer Agreement, that Customer Agreement governs the Customer’s payment terms and certain aspects of administrative use.
15. Privacy
Our collection and use of personal information is described in our Privacy Policy, which is incorporated by reference and available at: https://historyit.com/memoryport-privacy-policy/. Privacy settings and access permissions may be controlled by the Customer and Account Managers for each Commemoration Site, as described in Section 6.
16. Security
We use commercially reasonable measures intended to protect the Service. However, no system is perfectly secure. You understand that you use the Service and provide information at your own risk.
17. Termination
You may stop using the Service at any time. We may suspend or terminate your access for any reason, including for violations of these Terms, legal compliance, security concerns, or misuse. Termination may result in loss of access to User Content or features associated with your account or verified email address.
18. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless HistoryIT and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your User Content; (b) your use of the Service; or (c) your violation of these Terms or applicable law.
19. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, HISTORYIT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY CONTENT WILL BE ACCURATE OR RELIABLE.
20. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
(a) HISTORYIT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS.
(b) HISTORYIT’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (I) $100.00 OR (II) THE AMOUNT YOU PAID TO HISTORYIT FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
21. Time Limit to Bring Claims
To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Service or these Terms must be filed within one (1) year after such claim or cause of action arose, or it will be permanently barred.
22. Governing Law; Venue
These Terms and any dispute arising out of or relating to these Terms or the Service will be governed by the laws of the State of Maine, without regard to conflict of laws principles. Any legal action or proceeding arising out of or relating to these Terms or the Service must be brought exclusively in the state or federal courts located in Cumberland County, Maine, and you consent to personal jurisdiction and venue in those courts.
23. How to Contact Us; Reporting Violations
Questions, feedback, technical support requests, and reports of violations may be directed to:
HistoryIT, Inc.
202 Gannett Drive
South Portland, ME 04106
Phone: 207-699-4222
Email: [email protected]
If you are reporting objectionable User Content, please include a link or sufficient information to locate the content and explain your concern.
24. Miscellaneous
(a) Entire Agreement. These Terms (including the Privacy Policy and any other terms incorporated by reference) constitute the entire agreement between you and HistoryIT regarding your use of the Service.
(b) Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
(c) No Waiver. Failure to enforce any provision of these Terms is not a waiver.
(d) Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.
(e) Headings. Headings are for convenience only and do not affect interpretation.
(f) Notices; Electronic Communications. We may provide you with notices by email, regular mail, or postings on the Service. By using the Service, you consent to receive communications from us electronically and agree that notices and other communications provided electronically satisfy any legal requirement that they be in writing.
