The Site is informational, providing online access and information about datacenter, Internet, network and cloud providers, products, services, and locations. We encourage all users of the Site to be responsible and cautious in their commercial dealings, confirming the accuracy of the content contained on the Site for their own account.
You agree that you are responsible for, and agree to abide by, all laws, rules and regulations applicable to your use of the Site, or of any tool, service, or product offered on the Site, and any transaction you enter into in connection with your use of the Site.
You further agree that you shall abide by all laws, rules, ordinances, or regulations applicable to the listing or purchasing of your products and services, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination laws, as applicable. Please be aware that, even though we are not a party to any transaction and assume no liability for legal or regulatory compliance pertaining to products or services listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your activity on the Site in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
Users of the Site who accept credit card, banking or other payment information agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.
In additional to these Term of Use, your limited license to use the Site is further limited by any and all restrictions and obligations set forth in any written agreement by and between Datacenters.com and the organization for which you provide services, if any, where such services require or permit your use of the Site.
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Datacenters.com or its partners, affiliates, or contributors. The copyrights in the Content are owned by Datacenters.com or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing the Site as an employee or member of any business or organization, you may download and reprint content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Datacenters.com, for example in certain password-restricted areas of the Site. Except for the sample images, you may not manipulate or alter in any way images or other content on the Site.
Datacenters.com has included sample images and stock photos on certain pages within the Site to demonstrate the capability of the Site. You may download, reprint, and manipulate the sample images for this purpose, but you may not crop or change the composition of the image, or use the image for commercial purposes.
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from Datacenters.com.
You agree that, with respect to the personal information of other users of the Site that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (i) Site-related communications that are not unsolicited commercial messages, (ii) using services offered through the Site, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site. Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third-party without the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users' personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
Datacenters.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files, or programs.
Any software available for download via the Site (singly or collectively, âSoftwareâ) is the copyrighted work of Datacenters.com and/or its licensors. Use of Software is governed by the terms of this Agreement and the end-user license agreement that accompanies or is included therewith. Downloading, installing, and/or using any Software indicates your acceptance of the terms of the applicable end-user license agreement.
You acknowledge and agree that the Site and Software, and their structures, organizations, and source codes, constitute valuable trade secrets of Datacenters.com and its suppliers. You will not, and will not permit any third party to: (a) modify, adapt, alter, translate, or create derivative works from the Site or Software; (b) merge the Software with other software other than through interfaces published by Datacenters.com; (c) sublicense, distribute, sell, use for service bureau use or as an application service provider, lease, rent, loan, or otherwise transfer the Software to any third party; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Site or Software (except to the extent required by applicable law); (e) remove, alter, cover, or obfuscate any copyright notices or other proprietary rights notices included on the Site or in the Software; or (f) otherwise use or copy the Site or Software except as expressly permitted in this Agreement (or the applicable end-user license agreement).
Datacenters.com makes no express or implied warranties, representations, or endorsements whatsoever with respect to the Site or the Content, or any tool, service, or product offered on the Site. Datacenters.com expressly disclaims all warranties of any kind (express, implied, statutory or otherwise) related to the Site or the Content, or any tool, service, or product offered on the Site, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Datacenters.com does not warrant that the functions performed by the Site or any tool, service, or product offered on the Site will be uninterrupted, timely, secure, or error-free, or that defects in the Site or such tools, services, or products will be corrected. Datacenters.com does not warrant the accuracy or completeness of the Content, or that any errors in the Content will be corrected. The Site and the Content, any all tools, services, and products offered on the Site, are offered and provided on an "as is" and "as available" basis.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT) OR ANY THIRD-PARTY PROVIDER OR ANY THIRD-PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE DATACENTERS.COM, AND EACH OF ITS AFFILIATES, PARTNERS, LICENSORS, EMPLOYEES, AGENTS, AND THIRD-PARTY REPRESENTATIVES, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the "AAA Rules"). Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location.
By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.
Prior to beginning an arbitration proceeding, you must send a letter describing your Claims to "Datacenters.com Legal: Arbitration Claim" at our principal office address then-listed on the Site. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org.
To Contact Us for any reason, users can send an email to firstname.lastname@example.org.
Datacenters.com is committed to an inclusive marketplace built on a foundation of trust and respect. Our global platform is open to users of every race, color, religion, national origin, ancestry, sex, gender identity, sexual orientation, and marital status. We expect all users to demonstrate respect and tolerance in all interactions with other users-both online and off-line-and we reserve the right to remove anyone from our marketplace who fails to abide by these principles.