dataformat.com, LLC Terms of Use

This is a legal document. Please read it carefully.

dataformat.com, LLC Terms of Service

By logging in to any web site or web service (“Service”) provided or hosted by dataformat.com, LLC (“dataformat.com”), you (“Client”) are agreeing to be bound by the following terms and conditions (“Terms of Service”). This Terms of Service agreement accompanies a dataformat.com software product (“Software”) and related explanatory materials (“Documentation”). “Content” is used in this document to refer to any material provided to the Service by or on behalf of the Client.

dataformat.com reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.dataformat.com/TermsOfUse.html.

Violation of any of the terms below will result in the termination of your Account. While dataformat.com prohibits such conduct and Content on the Service, you understand and agree that dataformat.com cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process for any Service account.
Your account login may only be used by one person — a single login shared by multiple people is not permitted. You may purchase separate account logins for as many people as you'd like.
You are responsible for maintaining the security of your account and password. dataformat.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Copyright and Content Ownership

We claim no intellectual property rights over the material the Client provides to the Service. Your account properties and Content remain yours. However, by changing or requesting dataformat.com to change any settings that share Content with other account holders or make Content publicly available, you agree to allow others to view and share your Content. Such requests must be made by the purchaser of an account.
If your account has been paid for by an employer, Content provided may be used only in fulfillment of the account purchaser’s work as authorized by them. You agree not to reproduce, copy, retransmit, distribute, disseminate, sell, publish, rebroadcast or circulate the Content received through a Service to anyone, except as authorized by them. You agree that on fulfillment of your work authorized by your employer, you will retain no copies of the content in any form.
All Software is owned by dataformat.com, and its structure, organization and code are the valuable trade secrets of dataformat.com. The Software is also protected by United States Copyright Law and International Treaty provisions. You must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software or the Documentation, except as set forth by this agreement. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software or Documentation. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. This Agreement does not grant you any intellectual property rights in the Software.
You may not rent, lease, sublicense or lend the Software or Documentation.
dataformat.com does not pre-screen Content, but dataformat.com and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is copyright © 2001-2008 dataformat.com, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from dataformat.com.

Privacy Statement

dataformat.com may store information you provide as a part of necessary security and access functions of a Service. As a general policy, dataformat.com does not disclose any specific identifying information about you, such as your name, or email address, to any third party.

Payment, Refunds, Upgrading and Downgrading Terms

For subscription and hosting Services dataformat.com will bill according to the schedule set forth here:
- For monthly services (usu. hosting): Services are billed monthly on the last day of the month preceding the month of service. (Ex.: February Service charges are billed on January 31.)
- For yearly services (subscriptions and maintenance packages): Services are billed in advance on the last day of the month preceding the year of service. (Ex: For a subscription commencing April 1, the yearly fee is invoiced March 31.)
- For quarterly services: Services are billed on the last day of the month preceding the quarter of service. (Ex. Hosting for Q2 will be invoiced March 31.)
The Client shall pay correct invoices within (30) days following receipt of such invoice. Should the Client fail to pay an invoice within forty-five (45) days after receipt of a correct invoice, dataformat.com may cease furnishing additional Services until such time as such invoice is paid in full.
Services are non-refundable and there will be no refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Downgrading your Service may cause the loss of features or capacity of your Account. dataformat.com does not accept any liability for such loss.

Cancellation and Termination

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by sending a written request.
All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled. (You may request a copy of your Content prior to cancellation.)
dataformat.com, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other dataformat.com service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. If the account is paid in full you may request a copy of your Content prior to cancellation. dataformat.com reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

dataformat.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to subscription plan fees to a Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the dataformat.com web site, via email, or via written notice.
dataformat.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided to paying account holders. Support is billed at dataformat.com's current hourly rates.
You understand that dataformat.com may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, dataformat.com, or any other dataformat.com service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by dataformat.com.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any dataformat.com customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your any user in your account group has bandwidth usage exceeding 20,000 page views/month or 10Gb of transfers/month, or significantly exceeds the average bandwidth usage (as determined solely by dataformat.com) of other Service customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
dataformat.com does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that dataformat.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if dataformat.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of dataformat.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and dataformat.com and governs your use of the Service, superceding any prior agreements between you and dataformat.com (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent to support at support@dataformat.com.