DataTech LLC reserves the right to terminate this TOS for any reason or no reason. DataTech LLC reserves the right to refuse service to anyone.
The features and details of the Services governed by this TOS are described on our website at "WhiteLabelDIY.com”. Throughout this TOS, the aspects of the Services provided to you by DataTech LLC, are referred to together as the "Service." Certain parts of the Service may be provided by third party vendors. These third parties may have reserved the right to make changes, including material changes, to their products and incorporated into our Service. If a third party makes a change to its products, you may not terminate this TOS based on such a change, even if it materially affects the Service.
As part of providing you with the Service, you are required to provide us with accurate and up-to-date information when setting up your account. During the course of our business relationship, we will communicate with you by e-mail about the Service from time to time. You agree to provide us with an e-mail address that is active and monitored on a daily basis. DataTech LLC has no responsibility, or liability, for interruptions in the Services that we provide, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with valid contact information. The contact in our records is considered by us to be our customer and we will communicate with this contact as the account administrator. However, if there is any dispute, we will consider the person/entity who paid for the latest billing period of the account to be the owner of the account. It is your obligation to ensure that our records accurately reflect the correct ownership and control of the Service.
DataTech LLC reserves the right to amend its service offerings and add, delete, suspend, or modify the Service and Service fees at any time at its sole discretion, and reserves the right to determine whether and when any such changes apply to both existing and future customers.
The date of the initial online order for DataTech LLC Services, will set the Account monthly or yearly anniversary date for all future billings. Some adjustments of the anniversary date will be performed if the online order date should occur on the 29th, 30th, or 31st of the month. Services are provided on a prepayment basis and fees for services will be billed on the anniversary date of the billing cycle of the Service. All fees are fully earned when due and non-refundable when paid. Customer agrees that DataTech LLC will charge all Service Fees to the credit card supplied by Customer. All payments shall be made in US Currency. The Service Fees do not include any applicable sales, use, revenue, excise, or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder. If applicable, all taxes will be paid by the Customer.
Customers can cancel their service by emailing email@example.com with their company name, their DIY site name, and their cancellation notice. Cancellations are effective once we processed. No cancellations will be processed on weekends or times outside of normal office hours of Monday – Friday 8am to 5pm. All customer files and data remaining on DataTech LLC servers after the cancellation date will be destroyed and unrecoverable for security and privacy reasons. It is the Customer's responsibility to backup their files and data prior to requesting Cancellation. DataTech LLC is not responsible, and Customer agrees to hold DataTech LLC harmless from any liability or damage that Customer or any third party may sustain, should customer files and data be destroyed after site cancellation.
Should any service credits be issued to the Customer account, they will be used to offset software fees assessed in the future. Service credits are not cashable and cannot be transferred to other accounts.
All payments are due in full on the anniversary date. Failure to remit payment for services on the anniversary date is a violation of this TOS. Failure to remit an on-time payment shall result in a suspension of access to the software services. Failure to remit payment for services within ten (10) consecutive days, including the anniversary date, shall result in termination of this agreement. All files and data remaining after twenty-five (25) days of non-payment may be destroyed and unrecoverable for security and privacy reasons.
Customer agrees that they will not use excessive amounts of CPU processing on any of WhitelabelDIY’s servers. Any violation of this policy may result in remedy action by DataTech LLC, which may be taken in DataTech LLC’s sole discretion with or without notice.
Customer is prohibited from violating or attempting to violate or circumvent the security of the WhiteLabelDIY network. Violations of system or network security will result in civil or criminal liability. DataTech LLC will investigate any such violations and will cooperate with law enforcement authorities in prosecuting any Customer who is involved in such violations.
Customers are responsible for backing up all of their data. DataTech LLC will not be responsible if there is any data loss for any reasons.
Customer Content will include content and files uploaded, submitted, stored or distributed by Customer via DataTech LLC services. Customer Content also includes content of users of Customer's portal.
DataTech LLC may take remedy action with or without notice, which may result in the following: a) removal of all or a portion of the Customer Content, b) disconnection or discontinuance of any and all Services, or c) termination of this Agreement in the event of i) violation of our AUP, ii) notice of violation by Customer of this TOS, iii) non-payment, or iv) chargeback. Customer agrees that DataTech LLC will have no liability to Customer due to any Remedy Action that we may take. Customer also agrees that DataTech LLC will not provide any refunds of any fees paid by Customer prior to Remedy Action. In the event of Remedy Action against Spamming Activities or Internet Abuse, DataTech LLC may charge the customer a $250.00 clean up fee.
We reserve the right to immediately suspend the Service and/or terminate this TOS: (i) for a violation of any of our policies, including those incorporated by reference; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we decide to exercise these rights, nor will you receive a refund of any Fees.
Your use of the Services must be reasonable and you may not place excessive burdens on our servers or other resources. You agree that we may place restrictions on your use of the Service, and charge you excess fees, to the extent that they exceed the use of the Service of similarly situated customers. Exceeding the capacity numbers may result in our need to purge your old client data, move your data to a separate database host in which you will be responsible for increased fees, or place restrictions on your use of the Service.
Images that are not allowed to be hosted in our system: Adult, Flash, Videos, images over 3 MB.
When an Account is terminated or cancelled, all files and data may be destroyed and unrecoverable for security and privacy reasons. DataTech LLC has no responsibility to forward data, or other communications, for you once your Account is closed, and you will no longer have access to the site. You are encouraged to keep the Service active during a transition period should you seek to forward your data or other communications.
Customer represents and warrants to DataTech LLC that during the Term that Customer has service, the Customer Content and any information and materials contained therein does not, and will not, (i) infringe any copyright, trademark, or any other proprietary right of a third party, (ii) violate any criminal laws and will only be used for lawful purposes, (iii) constitute false advertising, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation, or (iv) contain and will at all times remain free of computer viruses, trojan horses, worms, and other malicious code.
You represent and warrant to DataTech LLC that: (i) you have the knowledge necessary to use the Service; (ii) you understand and appreciate the risks inherent from accessing the Internet; and (iii) you will use the Service without extra effort on our part.
License to the Customer to use WhiteLabelDIY grants DataTech LLC a royalty-free, non-exclusive, worldwide right and license to reproduce, copy, use and distribute Customer Content, and to make archival or backup copies of the Customer Content to provide and operate the Services. DataTech LLC acknowledges that they are not acquiring any exclusive right, title or interest in or to the Customer Content, all of which shall remain solely with the Customer.
DataTech LLC grants to Customer a non-exclusive, non-transferable, royalty-free license, during the term of this Agreement, to use DataTech LLC Technology solely for the purpose of accessing and using the Services. Customer may not use the DataTech LLC Technology for any purpose other than accessing and using the Services. Except for the rights expressly granted herein, this Agreement does not transfer from DataTech LLC to the Customer any DataTech LLC Technology, and all rights, titles and interests in and to the DataTech LLC Technology shall remain solely with DataTech LLC. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any of the DataTech LLC technology. DataTech LLC’s trademarks, tradenames, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of DataTech LLC. Customer may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of DataTech LLC.
DataTech LLC and Customer are independent contractors. Nothing contained in the TOS places DataTech LLC and Customer in the relationship of principal, agent, partner or joint ventures. Neither party may represent itself as having any authority to make contracts or enter into any agreements in the name of the other party.
Any feedback, data, answers, questions, comments, suggestions, idea or the like which Customer sends to WhiteLabelDIY relating to the Services will be treated as being non-confidential and non-proprietary. DataTech LLC may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.
You are responsible for and must provide all Internet connectivity services, computers, software, hardware, and other services necessary to access DataTech LLC servers and Services. DataTech LLC makes no representations, warranties, or assurances that customer's equipment will be compatible with DataTech LLC services.
This Agreement shall be governed in all respects by Alabama law without regard to the conflict of law provisions thereof. Both parties submit to personal jurisdiction in Alabama. The terms of this section shall survive any termination of this Agreement.
Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated items or information to anyone outside the United States in connection with this TOS without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.
Each party agrees to indemnify and hold harmless the other party, the other party's clients, affiliates, and each of their respective officers, directors, agents, attorneys, and employees from and against any and all claims, demands, obligations, liabilities, damages, losses, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party's actual or alleged infringement or misappropriation of a third party's service, copyright, trade secret, patent, trademark, or other proprietary right.
Customer agrees to use all Services and any information obtained through or from DataTech LLC, at Customer's own risk. Customer acknowledges and agrees that DataTech LLC exercises no control over, and accepts no responsibility for, the content of the information passing through DataTech LLC’s host computers, network, or the Internet. THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF DATATECH LLC, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE ("DATATECH LLC PERSONS") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT DATATECH LLC PROVIDES. NO DATATECH LLC PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. DATATECH LLC IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S USERS VIA THE SERVICES PROVIDED BY DATATECH LLC. NO ADVICE OR WRITTEN INFORMATION GIVEN BY ANY DATATECH LLC PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.
Customer agrees that no DataTech LLC person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to DataTech LLC at the time) which may exist in the Services or DataTech LLC’s equipment used to provide the Services.
Under no circumstances, including negligence, shall any DataTech LLC person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its users, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if DataTech LLC has been advised of the possibility of such damages.
No DataTech LLC person shall be liable to the Customer, any of its users, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to DataTech LLC’s records, programs, equipment, or services.
IN NO EVENT WILL DATATECH LLC’s LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE ACTUAL SERVICE FEES PAID TO DATATECH LLC BY CUSTOMER DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
DATATECH LLC CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. DATATECH LLC WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF DATA, INFORMATION, OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
Customer understands, acknowledges and agrees that if DataTech LLC takes any remedy action under this Agreement because of an action of the Customer or its portal users, Customer agrees that DataTech LLC shall have no liability to Customer due to such remedy action by DataTech LLC.
The terms of this section shall survive any termination of this Agreement.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including and without limitation to fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, acts of government or other legal order, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
We each warrant to the other that: (i) we have the power, authority and legal right to enter into this TOS; and (ii) we have the power, authority and legal right to perform our obligations under this TOS and all incorporated provisions.
This TOS may be assigned by DataTech LLC. It may not be assigned by you. This TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
No waiver of rights under this TOS, or any other DataTech LLC policy shall constitute a subsequent waiver of this or any other right under this TOS.
This Agreement represents the entire agreement between the parties, and supersedes all previous agreements and discussions. All rights and restrictions contained in the Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect. Customer hereby represents that they are either, an individual entering this Agreement for their personal use and is of legal age to execute this Agreement, or a corporation, limited partnership or other legal entity, validly existing under the laws of the state of its organization and the person acting on behalf of Customer is authorized to execute this Agreement on behalf of Customer.