36F-5. Terms-of-service agreement.
(a) This Chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
(b) This Chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
(c) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under G.S. 36F-4. (2016-53, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 36F - Revised Uniform Fiduciary Access to Digital Assets Act
§ 36F-4 - User direction for disclosure of digital assets.
§ 36F-5 - Terms-of-service agreement.
§ 36F-6 - Procedure for disclosing digital assets.
§ 36F-7 - Disclosure of content of electronic communications of deceased user.
§ 36F-8 - Disclosure of other digital assets of deceased user.
§ 36F-9 - Disclosure of content of electronic communications of principal.
§ 36F-10 - Disclosure of other digital assets of principal.
§ 36F-11 - Disclosure of digital assets held in trust when trustee is original user.
§ 36F-13 - Disclosure of other digital assets held in trust when trustee not original user.
§ 36F-14 - Disclosure of digital assets to guardian of ward.
§ 36F-15 - Fiduciary duty and authority.
§ 36F-16 - Custodian compliance and immunity.
§ 36F-17 - Uniformity of application and construction.
§ 36F-18 - Relation to Electronic Signatures in Global and National Commerce Act.