THIS SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THIS LIMITATION APPLIES TO THE DATA AS WELL AS TO ANY SOFTWARE APPLICATION USED TO MANIPULATE THE DATA THAT IS MADE AVAILABLE BY US. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. WE SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. IT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF ANY APPLICABLE JURISDICTION. THIS LIMITATION MAY NOT BE CHANGED EXCEPT BY A WRITING SIGNED BY US.
WE BELIEVE OUR SECURITY STEPS ARE AT LEAST AS STRINGENT AS YOURS WOULD BE. AS A MATTER OF PRACTICAL BUSINESS NECESSITY, WE CANNOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED BY ANY PROBLEMS THAT MAY ARISE AS A RESULT OF YOUR OR ANYONE'S USE OF OUR SITE OR THE SERVICES WE PROVIDE WHETHER OR NOT WE ARE AT FAULT UNLESS SUCH PROBLEM IS CAUSED BY OUR INTENTIONAL MISCONDUCT AS OUTLINED BY THIS DISCLAIMER WHICH IS WRITTEN BY OUR LAWYERS. IF YOU ARE NOT SURE WHAT IT MEANS TO YOU, WE STRONGLY SUGGEST THAT YOU CHECK WITH YOUR LAWYERS. ACCORDINGLY, WE URGE YOU TO BACK UP YOUR DATA TO ONE OR MORE SAFE PLACES TO MINIMIZE THE SCOPE OF ANY DAMAGE THAT COULD OCCUR IN THE UNLIKELY EVENT A PROBLEM OCCURS WITH OUR SITE OR SERVICE DESPITE THE EXTENSIVE EFFORTS OUTLINED ABOVE.
LIMITATION OF REMEDY: IN NO EVENT SHALL ANY DAMAGES AGAINST 1010data BE RECOVERABLE IN EXCESS OF THE PRO RATA MONTHLY CHARGES FOR THE PERIOD DURING WHICH SERVICE IS NOT PROVIDED AND THE AGGREGATE DAMAGES SHALL NOT EXCEED THE MONTHLY CHARGES PAID DURING THE THREE MONTHS PRECEEDING THE FILING OF ANY ACTION OR TERMINATION OF SERVICE, WHICHEVER IS EARLIER. NO PUNITIVE DAMAGES MAY BE RECOVERED AND 1010DATA SHALL NOT BE LIABLE FOR THE COST OF PROCURING SUBSTITUTE SERVICES OR PRODUCTS. ANY ACTION BY CLIENT ALLEGING BREACH OF THIS AGREEMENT MUST BE COMMENCED WITHIN ONE YEAR FROM THE ALLEGED BREACH.
- We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, in addition to our other remedies, terminate, discontinue, suspend and/or restrict the account/profile or ability to access, visit, and/or use the Service of users who infringe the copyright rights of others, and we may choose to remove, delete, erase, or disable access to Content deemed to be infringing. It is our policy to terminate the access of repeat infringers.
- If you have reason to believe that your Content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, you may notify us by providing a document via fax, first class U.S. mail, or e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Service are covered by a single notification, a representative list of such works at the Service;
- Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;
- Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR SERVICE BEFORE SENDING THE NOTICE.
- Copyright Agent:
|Jerry Birenz, Esq.
|Sabin, Bermant & Gould LLP
||Phone: (212) 381-7057
|One World Trade Center, 44th Floor
||Fax: (212) 381-7201
|New York, NY 10007-2915
Note: Only copyright complaints should be sent to agent. No other communications will be accepted or responded to.
PLEASE NOTE: THE INFORMATION WE PRESENT HERE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE.