Data Spindle

302.448.4988

Terms & Conditions

This acceptable use policy will herein be known as, AUP, TOS, Terms of Service, and/or the agreement. The customer may herein be known as the customer, client, you, your, and/or affiliate. The company will be known as DataSpindle, the company, provider, we, our, and/or us.

If you are a current customer of DataSpindle and cannot agree to the TOS that is laid out further in this document, please contact us requesting to have your account closed. If you do not understand any part of this document, please contact us.

All customers are to agree to this document before they may sign up for services, and must check it from time to time for updates or changes. It will be the customer’s responsibility to gain knowledge of any changes to this document.

DATASPINDLE COLLECTS CLIENT INFORMATION THROUGH ITS ONLINE ORDER FORM, CONTACT FORMS, EMAIL, TELEPHONE, AND WRITTEN DOCUMENTS. THIS INFORMATION, FROM TIME TO TIME, IS USED TO INFORM CLIENTS OF RELEVANT INFORMATION REGARDING DATASPINDLE PRODUCTS AND/OR SERVICES RENDERED. WE WILL NEVER SELL YOUR INFORMATION TO ANY THIRD PARTY COMPANIES.

WE ARE DEDICATED TO PROTECTING THE PERSONAL INFORMATION OF OUR CLIENTS. THE INFORMATION WE COLLECT IS STORED IN OUR ACCOUNTING SYSTEM ONLY, (NEVER IN PLAIN TEXT) AND IS PROTECTED BY 256BIT ENCRYPTION. DATASPINDLE STAFF ARE THE ONLY ONES WITH ACCESS TO YOUR INFORMATION, AND ONLY OUR STAFF, NEVER CONSULTANTS OR CONTRACTORS HAVE ACCESS TO OUR DATABASE.

DATASPINDLE DOES NOT STORE ANY UNMASKED CREDIT CARD INFORMATION. PURPOSELY UPLOADING MATERIAL THAT IS ILLEGAL, INCLUDING BUT NOT LIMITED TO: PIRATED MATERIAL, HACKING, CHILD PORNOGRAPHY, ETC. IS STRICTLY PROHIBITED AND WILL LEAD TO IMMEDIATE ACCOUNT TERMINATION WITHOUT REFUND. IN ADDITION, THE PROVIDER MAY USE THEIR OWN DISCRETION TO BILL THE CLIENT FOR DAMAGES. THE PROVIDER WILL FULLY COMPLY WITH ANY CRIMINAL INVESTIGATION INVOLVING CONTENT PLACED ON OUR SERVERS.

THE CLIENT SHALL INDEMNIFY AND HOLD HARMLESS THE PROVIDER AND ALL OF ITS CONTRACTORS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING ATTORNEY’S FEES ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OF THE PROVIDER UNDER THIS AGREEMENT. THE CLIENT AGREES THAT IN NO EVENT SHALL THE PROVIDER OR ITS AGENTS AND EMPLOYEES OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR LOSS OF DATA ARISING OUT OF THE USE OF OR INABILITY TO USE CLIENTS’ COMPUTERS, SERVERS, SOFTWARE OR OTHER MATERIALS PROVIDED OR EXISTING, EVEN IF THE PROVIDER OR ITS SUPPLIERS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

IF A CLIENT’S ACCOUNT IS PAST DUE, THE PROVIDER RESERVES THE RIGHT TO SUSPEND OR TERMINATE SERVICES. THE PROVIDER HAS NO LIABILITY FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR LOSS OF DATA ARISING OUT OF THE DISCONTINUATION OF SERVICES.

THE PROVIDER’S WORK PRODUCT IS PROVIDED SOLELY FOR THE BENEFIT AND USE OF THE CLIENT. THE CLIENT ACKNOWLEDGES AND AGREES THAT THE WORK PRODUCT IS THE INTELLECTUAL PROPERTY OF THE PROVIDER AND THAT THE CLIENT WILL NOT COPY, SELL, DISTRIBUTE OR PERMIT OTHERS TO COPY, SELL OR DISTRIBUTE THE WORK PRODUCT WITHOUT WRITTEN CONSENT OF THE PROVIDER. CLIENT AGREES THAT A BREACH OF THIS CLAUSE MAY CONSTITUTE VIOLATIONS OF VARIOUS STATE AND FEDERAL LAWS, INCLUDING BUT NOT LIMITED TO TRADEMARK AND/OR COPYRIGHT LAWS.

CLINET AGREES THAT ANY CAUSES OF ACTION, DISPUTES OR DEMANDS, IN EXCESS OF $5,000, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. CLINET AGREES THAT IT SHALL PAY ALL EXPENSES INCLUDING ATTORNEY'S FEES IN THE EVENT THAT THE PROVIDER IS REQUIRED TO FILE AN ACTION TO COMPEL ARBITRATION.

THE CLIENT ACKNOWLEDGES AND AGREES THAT FOR THE DURATION OF THIS AGREEMENT AND FOR ONE YEAR THEREAFTER, IT WILL NOT EMPLOY, HIRE OR CONTRACT WITH, OR ATTEMPT TO EMPLOY, HIRE OR CONTRACT WITH, EITHER DIRECTLY OR INDIRECTLY, (1) ANY EMPLOYEE OF THE PROVIDER OR (2) ANY FORMER EMPLOYEE OF THE PROVIDER DURING THE 12 MONTH PERIOD FOLLOWING THE FORMER EMPLOYEES SEPARATION FROM THE PROVIDER. THE PROVIDER AND ITS EMPLOYEES/CONTRACTORS ARE FULLY INSURED WITH BOTH GENERAL & PROFESSIONAL LIABILITY INSURANCE.