Welcome to DataLock Online! By using DataLock Online's products, services or web sites ("DataLock Online services"), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Service"). DataLock Online, reserves the right to update and change the Terms of Service from time to time without notice.
Use of Services
DataLock Online, , ("DataLock Online") offer services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you are required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of DataLock Online services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify DataLock Online of any unauthorized use of your password or account or any other breach of security. DataLock Online cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
Appropriate Conduct
You agree that you are responsible for establishing and maintaining you own account. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments or other materials ("Content") are the sole responsibility of the account from which such Content originated. DataLock Online reserves the right, but does not assume the responsibility, to monitor or review any Content on DataLock Online services. You agree that you are responsible for the conduct of all users of your account and any Content that is created, transmitted, stored, or displayed by, from, or within your account while using DataLock Online services and for any consequences thereof. You agree to use DataLock Online services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts DataLock Online services or servers or networks connected to DataLock Online services.
Charges and Billing
You agree that DataLock Online shall be permitted to charge your credit card on a monthly basis in advance of providing its services, for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of DataLock Online services. The subscription fee will be billed in full on the first day of your paid subscription and on each monthly anniversary thereafter, unless and until you cancel your subscription. If your billing date lands on a day not contained in a given month, you will be billed on the last day of that month. For example, if your paid subscription began on August 31st, your next billing date would be September 30th.
DataLock Online is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by DataLock Online. Currency exchange settlements will be based on agreements between you and the provider of your credit card. In addition, we do not give pro-rated refunds for unused time if cancellation is initiated during the middle of a billing cycle. We also reserve the right to change our fees, but we will notify you in advance if we do so. If there is a specific duration and price for your current services, then that price will remain in effect for such duration, but continued use of DataLock Online services thereafter will be at the new price.
Refund
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law.
No resale of service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of DataLock Online services, use of DataLock Online services, or access to DataLock Online services.
Suspension Termination
DataLock Online may terminate or suspend your access to DataLock Online services at any time and for any reason without notice. Upon termination or suspension, your right to use the service will stop right away. You may not have access to data that you stored on the service after we suspend or terminate the service. If we cancel your service in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we terminated your service.
You may terminate the service at any time by following the instructions in the customer account area. As soon as you cancel the service, your right to use it stops right away. You may not have access to data that you stored on the service after you terminate the service. You are responsible for backing-up your data that you use with the service. Termination of the service by you will not alter your obligations to pay all charges due to DataLock Online. Sections "Indemnity", "Disclaimer Of Warranties", "Limitation Of Liability", "Exclusions And Limitations", "No Third Party Beneficiaries", "Notice", "General Information" of this agreement survive its termination for any reason.
Intellectual Property Right; Copyright Policy
You acknowledge that DataLock Online owns all right, title and interest in and to the DataLock Online services, including without limitation all intellectual property rights (the "DataLock Online Rights"), and such DataLock Online Rights are protected by international intellectual property laws. The DataLock Online Rights include rights to: (a) the DataLock Online services developed and provided by DataLock Online and all trademarks and other intellectual property associated therewith; and (b) all software associated with the DataLock Online services. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the DataLock Online services or any Content placed on the DataLock Online services by DataLock Online.
Indemnity
You agree to hold harmless and indemnify DataLock Online, and its affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of DataLock Online services, violation of this Terms of Service or any other actions connected with use of DataLock Online services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, DataLock Online will provide you with written notice of such claim, suit or action.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF DATALOCK ONLINE SERVICES IS AT YOUR SOLE RISK. DATALOCK ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATALOCK ONLINE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DATALOCK ONLINE DOES NOT WARRANT THAT (i) DATALOCK ONLINE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) DATALOCK ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DATALOCK ONLINE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH DATALOCK ONLINE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DATALOCK ONLINE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DATALOCK ONLINE OR THROUGH OR FROM DATALOCK ONLINE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DATALOCK ONLINE SHALL NOT BE LIABLE TO YOU 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 DATALOCK ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE DATALOCK ONLINE SERVICES; (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 DATALOCK ONLINE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON DATALOCK ONLINE SERVICES; OR (v) ANY OTHER MATTER RELATING TO DATALOCK ONLINE SERVICES.
Exclusions And Limitations
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTION 14 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
Notice
You agree that DataLock Online may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on DataLock Online services.
General Information
Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and DataLock Online and govern your use of DataLock Online services, superseding any prior agreements between you and DataLock Online for the use of DataLock Online services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other DataLock Online services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Service and the relationship between you and DataLock Online shall be governed by the laws of the country of Bermuda without regard to its conflict of law provisions. You and DataLock Online agree to submit to the personal and exclusive jurisdiction of the courts located within the county Bermuda.
Waiver and Severability of Terms. The failure of DataLock Online to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Bermuda, before three arbitrators. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of DataLock Online services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.