Terms and Conditions
By using the DATVAT.COM Product or Service, as defined below, the User acknowledges to have read this Contract and agrees to be bound by its terms. DATVAT.COM is wholly owned by DATVAT LLC. 1.
Acceptable Use. DATVAT agrees to provide User with DATVAT.COM Backup (the “Product”) to be used as the conduit for and in conjunction with a data backup service. By accepting or using the Product, User acknowledges that DATVAT LLC owns DATVAT.COM and the various products and services therein. User specifically agrees not to make any attempt to decompile or reverse engineer the Product or otherwise discover the source code or underlying processes or algorithms of the Product. User further specifically agrees not to make any modifications to the Product at any time. 2.
Accounts, Passwords and Security.You must be a registered user to access your secure member area on the DATVAT.com client portal and to utilize the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name. If you lose your password or the encryption key for your account, you may not be able to access your data. DATVAT shall not be liable for any damages (including damages for not able to restore backup data or the disclosure of confidential information) resulting from loss/corruption/compromise of your personal authentication/password information. 3.
Warranty Disclaimer. All software provided by DATVAT is furnished and is available to the User on an “as is” basis with no warranties of any kind and DATVAT will not be held liable for any damages of any kind arising from the use. DATVAT further disclaims all warranties, express and implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose. 4.
Licensure. DATVAT grants you a non-exclusive, non-transferable, royalty-free, limited license to use the binary form of the software provided by DATVAT for DATVAT.COM for use by only the User/Entity’s personal use only. Redistribution of programs owned by DATVAT, unless explicitly granted by DATVAT, is strictly prohibited. Any User or Entity interested in becoming a Reseller may inquire with DATVAT by way of contact through the DATVAT.COM website. Reseller Terms & Conditions are not outlined in this document. 5.
Trademarks & Copyright. All content included on this site, including text, graphics, logos (except for those belonging to Third Party resources dually noted), button icons (except for those belonging to Third Party resources dually noted), images and software, is the property of DATVAT or its contracted suppliers and is protected by international copyright laws. All programs used on this site are the property of DATVAT or its software suppliers and are protected by international copyright laws. Any attempt of reverse engineering, disassembly, or dissemination of programs, unless it is explicitly permitted, is prohibited by law. 6.
Notice. DATVAT may send notices to you via either email or regular mail. DATVAT may also provide notices of changes to the terms or other matters by displaying notices or links to notices to you generally on the services provided by DATVAT. 7.
Ethical Responsibility. While it is not DATVAT intent to monitor your online activities or communications, DATVAT is implicitly responsible for the governance of public content placed on the DATVAT.COM website. As such, DATVAT reserves the right if necessary to edit or remove content that we become aware of and determine to be harmful or offensive to the general public. Termination or suspension of your account may be resulted as a consequence to the violation of this rule. 8.
Negligible Communications. The integrity of this system relies on proper use of email as message passing media. The use of the email system, directly or indirect, as a spamming tool, or other than it for the specific purpose of passing mission critical information amongst registered Users as is intended, is strictly prohibited. Any attempt to utilize this system for such a purpose may result in termination or suspension of your account as a consequence to the violation of this rule. 9.
Authority of the Executor. DATVAT is the sole owner and Executor of DATVAT.COM and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. The User’s license to use the product is valid only for so long as the User actually uses and pays for the Service provided by DATVAT. At no time and under no circumstances does the User acquire ownership in or of the Product. 10.
Commencement and Closure. This Agreement is effective upon signing up for the DATVAT.COM Backup services and remains in effect until the users’ account is terminated. You may terminate this Agreement at any time by eliminating the software from your system(s), destroying the downloaded Software, and closing your account. 11.
Legitimate Usage. You are expected not to use the services provided by DATVAT for any unlawful activities not otherwise covered above, including but not limited to, attempting to compromise the security of any networked account, a site or a country. Appropriate legal procedures will be pursued when is aware of any of these activities. 11a.
Indemnity. You agree that any such malice as described and covered in any clause above perpetrated by you or on your account is your responsibility and further agree to indemnify DATVAT against any claims or recourse by you the User, a party acting on your behalf, or other third party resulting from damages caused by your misuse, malice, or other unsanctioned usage of the Product or Service. DATVAT.COM Backup is wholly owned and operated by DATVAT LLC. DATVAT shall not be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of backup data, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if DATVAT or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. 13.
Severability. If any provision or term of this Contract is invalid, illegal, or otherwise unenforceable, it will be as if such provision were not included in this Contract, and the remaining terms and provisions shall remain in effect. 14.
Headings. Headings used in this Contract are solely for convenience and do not constitute terms of this Contract. DATVAT reserves the right at any time to modify this Agreement in its sole discretion, without liability to you. This Agreement, as amended, will be effective upon acceptance of registration for new users and effective for all existing users 7 days after the posting of any amended terms on the DATVAT.COM website. You agree to be bound by this Agreement, as modified. If you do not agree to any changes to this Agreement, you must terminate your account immediately.
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