DataBreeze Terms of Service


By using the DataBreeze service you agree to the following terms of service. Please read them carefully and direct any questions you may have to the legal department at the DataFree Corporation.

Aknowledgement and Acceptance of the Terms and Conditions

By creating an account on the DataBreeze service and clicking on the 'I Accept' button, and by using the services provided by DataFree Corporation, the End-User agrees to all of the Terms of this Agreement.

The DataBreeze Service (herin referred to as the 'Service') is provided to you the End-User (herin referred to as 'End-User') under the terms and conditions of this Service Agreement (herin referred to as the 'Agreement'). Amendments or changes to this Agreement may occurr without notice to you the End-User and such changes shall be effective with or without our notifying you the End-User. Each time that you the End-User use this Service you the End-User are validating your acceptance of the Agreement as amended. The Agreement comprises the entire agreement between You the End-User and DataFree Corporation

  • End-User agrees not to use the service to create any database, content or information that contains:
    • material that is libelous, defamatory, contrary to public policy, or otherwise damaging to a group, individual or organization.
    • Promotes or contains any information that is unlawful, false or misleading or that promotes illegal conduct or activity.
    • Promotes racism, hatred, harm or threats of any kind against any group or individual or that infringes upon the right of another individual.
    • nudity, sex, pornography, vulgarity or adult-oriented material
    • Is or could be in any way harmful to minors
    • expletives or inappropriate language
    • the use of alcohol, tobacco, or illegal substances
    • material or discussion that constitutes "junk mail", "spam", mail fraud, pyramid schemes, or investment opportunities or advice not permitted under law or unsolictited email of any kind.

  • End-User agrees that DataFree Corporation, in it's sole discretion, may delete or modify any information contained within any database hosted by the DataBreeze Service. At any time, we may directly censure material that we deem inappropriate. At any time we may remove user accounts from the DataBreeze system and deny access to individual(s) or blocks of IP addresses or domains. At any time we may terminate any database for any reason and discard any and all related information if DataFree Corporation determines that the End-User or any of the End-Users members have violated the terms of agreement in any way.

  • DataFree Corporation does not endorse and is not be responsible for any database created by the service or any content or material contained in any database or the conduct of any database or database member.

  • The End-User agree to place any database created within the category that is closest to the subject matter of the databse. DataFree Corporation may move End-User's club within the categories of the service for any reason, including, without limitation, if DataFree Corporation determines that the category of the service where the database is placed is misleading or incorrect.

  • The End-User agrees to provide us with truthful and current information about yourself in the user account configuration. The End-User agrees to provide a working email address so that we at DataFree Corporation can communicate with the End-User if necessary.

  • Any content, information, application or interface created within the Service by the End-User is licensed on an unconditional no-cost royalty-free basis to DataFree Corporation.

  • The End-User may report any violations of the Terms of Service to the DataFree Corporation.

Description Of the DataBreeze Service

DataFree Corporation is providing the End-User with the capability to create databases and to join databases that are interesting to the End-User. DataFree Corporation is also provides You with the software tools for creating database applications and posting information to those systems created by DataFree Corporation and others.

Administrators

An End-User that creates a database is considered an Administator of the Database. Administrators suggest a category for the Database upon creation. DataFree reserves the right to move any Database to any location within the service for any reason. Administrators have the ability to create and modify objects and applications within the Database. This includes the ability to control which Users are allowed access and the editing permissions they are allowed. Administrators are responsible for ensuring that the Database members follow the DataBreeze Terms of Agreement. There can be more than one Administrator for each Database.

DataFree reserves the right to exercise Administrative functionality over any Database at anytime. Furthermore, DataFree reserves the exclusive right, but is not obligated to, exercise Superuser status over any Database which includes overriding any Administrator's functionality.

The End-User acting as an Administrator agrees that any and all applications and database interfaces created using the Service are unconditionally licensed to DataFree on a no-cost royalty-free basis. The End-User acting as an Administrator agrees that DataFree has exclusive rights to advertising and any revenue producing services within around or on the interfaces created by the Administrator. The End-User acting as the Administrator agrees that DataFree may change or alter any portion, aspect or functionality of the End-User's interface without notice.

Database Users

The End-User acknowledges that the Service allows Administrators to allow or deny membership to the Database. End-Users may not be able to join Databases that have membership requirements that the User does not agree to or satisfy. Each Admnistrator of a Database has the ability to remove users that they have created from the Database at any time. The End-User agrees that DataFree has no responsibility for the conduct or content of any Database, the rules or requirements, or resolving any problems involving the Service or the Database.

End-User Registration Responsibilities

The End-User agrees to provide truthful. current and complete information about the End-User as prompted by the Registration Form. The End-User also agrees to maintain and update this information to keep it accurate. If it is found that information provided by the End-User is invalid, inaccurate, not current or incomplete, DataFree has the right but not the obligation to terminate User's account and refuse current or future use of the Service.

Our Use Of Registration Data

The End-User agrees that DataFree may use the End-User account information for the purpose of internal advertising and marketing. DataFree will not release End-User account information to outside entities.

Our Policy on Service Availability

DataFree reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to User. User agrees that DataFree shall not be liable to User or any third-party for any modification or discontinuance of the Service.

DataFree Database Privacy Policy

End-User agrees and understands that DataFree retains the exclusive right to access, alter, modify, delete from or otherwise administrate, at any time applications and/or data and information contained within.

The End-User acknowledges and agrees that DataFree does not endorse any Databases contained on the Service or the information within and is not responsible or liable for any content which is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable content.

End-User Accounts

The End-User will receive a password and account designation upon completing the registration process. The End-User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under the End-User's password or account. The End-User agrees to notify DataFree immediately of any unauthorized use of the End-User's password or account or any other breach of security.

End-User Conduct

The End-User agrees to abide by all applicable local, state, national, and international laws and regulations in the End-User's use of the Service and agrees not to interfere with the use and activities of the Service by other End-Users. The End-User agrees to be solely responsible for the End-User's actions and the contents of information created or altered by the End-User. The End-User agrees not to impersonate any person or organization or otherwise misrepresent the End-User's affiliation with an organization or individual.

The End-User agrees to:

  • Not to use the Service for illegal purposes
  • Not to interfere with or disrupt the Service, servers, networks connected to the Service
  • Not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage, disrupt or otherwise harm the operation of and organizations or individuals computer.
  • To comply with all requirements, procedures, policies and regulations of networks connected to the Service
  • Not to use the Service in any way that is or could be in any way harmful to minors
  • To comply with all applicable laws regarding the transmission of technical data or software exported from the United States.
  • Not to use the Service to collect or harvest any personal information about other End-Users of the Service.

The End-User agrees not to post, promote or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind. User agrees not to transmit or post any material that violates the rights of another, including but not limited to the intellectual property rights of another. The End-User agrees not to transmit, promote or disseminate any material that violates any applicable local, state, national, or international law or regulation. The End-User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. The End-User agrees not to advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or use the Service for any commercial purpose, post or transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email.

DataFree may, but is not in any way obligated to, enforce these rules against any user.

Indemnity

The End-User agrees to indemnify and hold DataFree, and its subsidiaries, affiliates, officers, other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the End-User's use of the Service.

No Resale of services

The End-User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Service or use of or access to the Service.

Storage

The End-User agrees that DataFree has no responsibility or liability for the deletion or failure to store any Database information or other content maintained or transmitted by the Service. DataFree may establish an upper limit on the amount of computer disk space and/or memory that is allocated to each Database in the Service.

Termination of Service

The End-User agrees that DataFree, in its sole discretion, may terminate the End-User's password, account and/or use of the Service for any reason, including, without limitation, if DataFree believes that:

  • The End-User has violated the rules of the Agreement
  • The End-User has violated the rights of DataFree or other Users or parties
  • The End-User fails to use the Service at least one time during a reasonable period of time as determined by DataFree which period shall not be less than two month.

The End-User agrees that any termination of service under any provision of this Agreement may be effected without prior notice, and agrees that DataFree may immediately delete the End-User's account and all related information and data in the End-User's account and bar any further access to such files or the Service.

Statement of Advertising Priveledge

DataFree sells advertising space within our system of web pages, including individual records. The revenue we receive from these advertisements allows us to offer the End-User our site's services, including DataFree, free of charge for non-profit applications. This means that we cannot allow the End-User (or anyone else) to sell advertising space within the DataFree system. Only DataFree is entitled to the advertising revenue generated from pages within any and all DataBreeze databases.

Statement Of Advertising Liability

The End-User's activities with advertisers contained within the Service, including payment and delivery of goods or services, along with any other terms, warranties or representations associated with such dealings, are solely between the End-User and the advertiser. The End-User agrees DataFree shall not be liable for any loss or damage of any sort incurred as the result of any such activities or as the result of the presence of such advertisers on the Service.

Notice of Content Protection

End-User agrees that the information presented through the Service or contained in sponsor advertisements is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The End-User is permitted to use this material and information only as expressly authorized by DataFree or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.

DISCLAIMER OF WARRANTIES

THE END-USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS USED AT THEIR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS ONLY.

DataFree EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

DataFree PROVIDES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DataFree MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE NOR THAT DEFECTS, IF ANY, IN THE SOFTWARE WILL BE CORRECTED.

THE END-USER UNDERSTANDS AND AGREES THAT ANY MATERIAL, DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT END-USER'S OWN DISCRETION AND RISK AND THAT THE END-USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE END-USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

THERE ARE SOME JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU THE END-USER.

LIMITATION OF LIABILITY

THE END-USER AGREES THAT DATABSASE CONNECTION WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING FROM THE USE OR THE INABILITY TO USE THE SERVICE.

THE END-USER AGREES THAT DataFree SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE TRANSACTION OR PURCHASE OF GOODS OR SERVICES WHILE USING THE SERVICE.

THE END-USER AGREES THAT DataFree CANNOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE.

THE END-USER AGREES THAT DataFree SHALL NOT BE RESPONSIBLE OR LIABLE TO THE END-USER OR ANYONE ELSE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU THE END-USER IN YOUR LOCALITY.

NOTICE

Any notice to the End-User shall be made by either email or system messaging. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to Users utilizing the Service.

GENERAL

This Agreement and the relationship between the End-User and DataFree shall be governed by the laws of the State of Massachusettes within the United States of America. The End-User and DataFree agree to submit to the jurisdiction of the courts located within the county of Middlesex, Massachusettes within the United States of America.



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