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TERMS OF SERVICE

 

Terms of Service/Acceptable Use Policy

Please review the following Terms of Service and Acceptable Use Policy before ordering any services from Data Miner, LLC. You must agree with our Terms of Service and Acceptable Use Policy to purchase services from Data Miner, LLC.


1. User Conduct
Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to Data Miner, your local jurisdiction, or any jurisdiction that you or your employees operate in may be subject to is strictly prohibited.

We believe in professional communication, no matter what the issue is. We will not tolerate any abusive behavior, abusive language or threats against any Data Miner staff member(s). By violating this policy, we reserve the right to permanently suspend or terminate your account(s) without prior notice and without any refund.

Data Miner reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion and without notice. Data Miner also reserves the right to make any such modifications in an emergency at our sole discretion.

2. Indemnification
You agree to indemnify, defend, and hold harmless Data Miner from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Data Miner, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to content and photos obtained while using the application and or service.

3. Refusal or discontinuation of service
Data Miner reserves the right to refuse or discontinue service to anyone at Data Miner's sole discretion. Data Miner may deny you access to all or part of the service without notice if you engage in any conduct or activities that Data Miner in its sole discretion believes violates any of the terms and conditions in this agreement. You agree that Data Miner has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Data Miner reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Data Miner also reserves the right to refuse refunds in cases where Data Miner believes abuse has taken place.

4. No warranties
Data Miner makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Data Miner or its agents or employees shall create a warranty. Data Miner provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Data Miner be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Data Miner service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on Data Miner's servers that such information becomes available to all users of the service and that Data Miner has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Data Miner's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Data Miner or on the Internet generally.

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Data Miner, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Data Miner policy decisions.

Data Miner reserves the right to monitor any and all communications through or with our facilities.

5. Account-Holder Identification Information
You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply Data Miner with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use and prosecute if wrong doing is found.

6. Sharing of account space & resale restrictions
You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You understand that as a reseller, you are the individual solely responsible for all use of the account.

7. Payment & Other Information
You agree to supply appropriate payment for the services received from Data Miner, in advance of the time period during which such services are provided. You agree that until and unless you notify Data Miner, through the online support desk of your desire to cancel any or all services received, those services will be billed on a recurring basis. You must include your account username, password and the last 4 digits of the billing credit card for verification in order for your cancellation to be valid.

Accounts that become past due will incur a $9.95 late fee and any account 3 days past due will be suspended and after 10 days a $25.00 re-connect charge will be billed to your account if you request re-connection of your account. Accounts will be terminated from Data Miner’s servers after 30 days of delinquency.

8. Cancellation Policy
All cancellation requests must be submitted to our online helpdesk by the person listed as the main account contact. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable. You must include your account username, password and the last 4 digits of the billing credit card for verification in order for your cancellation to be valid.

9. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication you may have had with Data Miner or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

By placing and continuing to maintain or place information on Data Miner’s servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.


 

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