The Data BaGG Terms of Service (the “Terms??? or “Agreement???) is a legal agreement between you, either an individual or a single legal entity (“You??? or “you??? or “Your??? or “your???), and Futuristic Internet Services LLC. for the Data BaGG service (“Data BaGG??? or “Product??? or “we??? or “our???). These Terms govern your use of Data BaGG, including any updates and accompanying written documentation.
Your use of the Data BaGG constitutes your binding legal agreement to these Terms, which are subject to change at any time by Futuristic Internet Services LLC. If you are not legally able to be bound by these Terms, your use of Data BaGG is prohibited.
By clicking the "I AGREE" button or by installing, accessing or using the Data BaGG Services, You represent that You have the authority to enter into these Terms. If You do so on behalf of a legal entity, You represent and warrant that You have the authority to accept these Terms on behalf of that legal entity.
When you use the Product, you agree that Data BaGG may duplicate and store your data, information, files and folders in accordance with Data BaGG’spolicies and these Terms. As between You and Data BaGG, all information You provide to Data BaGG remains your property.
You are responsible for maintaining and protecting your data in Data BaGG and Data BaGG is not responsible for any loss or corruption to your files or information or for backing up such information.
Data BaGG is not intended for use by persons under the age of 13 years old. By accepting these terms you represent that you are at least 13 years old.
You are solely responsible for your conduct and your data content uploaded or otherwise placed into Data BaGG. We are not responsible for the legality and appropriateness of information in Data BaGG which you may be able to access or view through your use. You agree to indemnify, defend, and hold harmless Data BaGG and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Products, or your violation of these terms.
The Products are made available to you only for your personal or internal business use, which use must be in compliance with all applicable Data BaGG policies, laws, rules and regulations and must not infringe or violate third party rights. You may not make commercial use of the Products, including but not limited to selling, licensing, providing services, or distributing the Products to any third party.
Any unauthorized use of any Data BaGG computer system is a violation of these Terms and may also violate certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties. Data BaGG may immediate remove any content or data, or suspend or cancel accounts if it becomes aware of any misuse or illegal actions associated with an account or user, without prior notice to You.
Subject to the terms and conditions of this Agreement, Data BaGG grants you a non-exclusive, non- transferable, non-sublicensable limited and revocable license to use the Product (including but not limited to the client software) and to use the Data BaGG Products for the sole and exclusive purposes of your personal or internal business purposes. Data BaGG reserves all other rights to its Products.
The Products and their structure, organization, source code, and documentation contain valuable trade secrets of Data BaGG and its licensors, and accordingly you agree not to (and agree not to allow third parties to) (1) sublicense, transfer, or distribute any aspect of the Products or any derivative thereof to any third party, (2) modify, adapt, translate, or prepare derivative works from the Product, (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Product, (4) extract portions of the software’s files for use in other applications, or (5) remove, obscure, or alter Data BaGG’s or any third party’s trademarks or copyright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Products.
You acknowledge that Data BaGG own all right, title and interest in and to the computer source code related to the Product, portions thereof, or software or content provided through or in conjunction with the Product, including without limitation all intellectual property rights. Except for the license granted in this Section, all rights in and to the Products are reserved, and no implied licenses are granted by Data BaGG.
Data BaGG offers you the option of increasing your account storage space beyond the free amount for a fee. By doing so, your account will be converted to a Premium Account and will not be subject to some of the restrictions placed on Free Accounts as described below.
Data BaGG accepts credit cards and will automatically charge your credit card monthly or yearly, depending upon which Premium Account you select. If any fee is not paid in a timely manner, or Data BaGG is unable to process your transaction using the credit card information provided, Data BaGG reserves the right to revoke access to your Data BaGG account and reserves the right to use our discretion to delete some or all of Your data so as to reduce your storage space to below the free amount, and to convert your Premium Account to a Free Account (which is subject to the restrictions described below).
Your Data BaGG Upgraded Account will continue in effect unless and until you cancel your Upgraded Account or we terminate it. You must cancel your Upgraded Account before it renews each month or year in order to avoid billing of the next month’s or year’s fees to your credit card. Data BaGG will bill the monthly or yearly fees associated with your Upgraded Account plus any applicable tax to the credit card you provide to us.
You may cancel your Data BaGG Upgraded Account at any time, and cancellation will be effective immediately. If you wish to cancel your Upgraded Account you may do so via your “Account Setting??? page. Should you elect to cancel your Upgraded Account, please note that you will not be issued a refund for the most recently (or any previously) charged monthly or annual fees.
By signing up for a Data BaGG Upgraded Account and providing Data BaGG with your payment account information, you hereby agree to these payment terms and conditions.
This Agreement is effective upon any use and remains in effect until your account is terminated. Terms which by their nature extend beyond termination shall survive termination of this Agreement.
Your right to use Data BaGG automatically terminates if you fail to comply with these Terms. Data BaGG reserves the right to refuse or discontinue participation to any user at any time at its sole discretion. You agree that, upon such termination, you will discontinue all use of the Products and that your access rights will immediately terminate.
If this Agreement terminates, other than for your failure to comply, Data BaGG will use commercially reasonable efforts to make your Data available for you by request only for a period of fifteen (15) calendar days. Data BaGG has no obligation to provide you with a copy of your Data and may remove and discard any Data.
To the fullest extent permitted by law, in no event will Data BaGG, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, goodwill, use or content) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, negligence or otherwise, even if Data BaGG has been advised as to the possibility of such damages. to the maximum extent permitted by applicable law, the aggregate liability of Data BaGG and its affiliates, officers, employees, agents, suppliers or licensors, relating to the services will be limited to the greater of an amount equal three months of your service fee for the service or five dollars ($5.00). the limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose. some jurisdictions do not allow the limitation of incidental, consequential or other damages. in such an event this limitation will not apply to you to the extent prohibited by law.
These terms and the use of the product and software will be governed by delawar law except for its conflicts of laws principles. All claims arising out of or relating to these terms or the product or software must be litigated exclusively in the federal or state courts of delawar, and both parties consent to venue and personal jurisdiction there.
If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted which as closely as possible reflects Futuristic Internet Services LLC intent.
You must be a registered user to access the Product. Individual users must register using their name and entity users must register under the legal name of their entity. You are responsible for keeping your password private and secure, and are prohibited from sharing your login and password with others. You will be solely responsible and liable for any activity that occurs under your user name.
Data BaGG reserve the right to revise these Terms from time to time.Data BaGG will date and post the most current version of these Terms on the Data BaGG website. Data BaGG reserves the right at any time to modify, suspend, or discontinue providing the Product or any part thereof in its sole discretion with or without notice.
Data BaGG reserves the right at any time to modify these Terms in its sole discretion, without liability to you. This Agreement, as amended, will be effective upon use of the Data BaGG Products for all existing users immediately after posting of any amended terms on the databagg.com website. You agree to be bound by this Agreement, as modified. If you do not agree to any changes to the Terms, you must stop using Data BaGG and terminate your account immediately.
Please review the most current version of this Agreement from time to time, located athttps//www.databagg.com, so that you will be apprised of any changes.
You agree that Data BaGG shall have the right to automatically and without notice renew your license to continue to use the Data BaGG Product or Services upon expiration of your license period. You agree that if you elect to not permit Data BaGG the right to automatically renew your license to Use Data BaGG Products or Services or your credit card information on file with Data BaGG does not permit automatic renewal, then Data BaGG may terminate your license if you do not otherwise renew your license
When using Data BaGG, you must respect the intellectual property rights of others. We will respond to any notice of alleged copyright infringement if they comply with the law and are properly reported to us through our DMCA process. We reserve the right to delete or disable content alleged to infringe.
The fees for your Upgraded Account will be billed from the date you elect, or convert to, an Upgraded Account and on each monthly or yearly renewal thereafter unless and until you cancel your account. Click on the link on your “Account Setting??? page to see the commencement date for your next renewal period. Data BaGG will automatically bill your credit card each month or year on the anniversary of the commencement of your Upgraded Account. You acknowledge that the amount billed each month or year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. Data BaGG may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are noncancelable and nonrefundable and no credits will be given for partially used periods.
Should you elect to increase your Upgraded Account to a larger amount of storage space, the commencement date for your next renewal period will be reset and you will be billed for the first month or year of the upgraded level of service on a pro-rata basis.
Data BaGG may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email or on the website. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your “Account Setting??? page. It is your responsibility to keep your contact information and payment information current and updated.
Data BaGG allows you to store a certain amount of data free of charge. Data BaGG reserves the right to change the amount of free storage or terminate Free Accounts at any time. Data BaGG may, at times, award your account additional free storage through various promotions, such as a referral program. You must follow the rules and restrictions of any such promotion to be eligible for additional storage. All free storage on your Data BaGG account is subject to the same restrictions contained in these terms. Without limiting the generality of the foregoing, if a Free Account is inactive for a significant period of time, then Data BaGG may delete any or all of Your Files. At least 30 days notice will be provided to the associated email address(es) on a Data BaGG account in the event of changes to the amount of free storage, account termination for any reason other than abuse, or deletion of data due to inactivity.
Data BaGG provides the service "as is", "with all faults" and "as available". To the maximum extent permitted by applicable law, Data BaGG makes no (and specifically disclaims all) representations or warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, any warranty that the service will be uninterrupted, error-free or free of harmful components, that the content will be secure or not otherwise lost or damaged, or any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, and any warranty arising out of any course of performance, course of dealing or usage of trade. Some jurisdictions do not allow the foregoing exclusions. In such an event such exclusion will not apply solely to the extent prohibited by applicable law.
You acknowledge and agree that the Product which is the subject of this Agreement, may be controlled for export purposes. You agree to comply with all United States export laws and regulations. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation. If you are located in a country subject to embargo by the United States government, you are not entitled to use Data BaGG.
You may not assign or transfer any of your rights or obligations under this Agreement. Futuristic Internet Services LLC may freely assign its rights and obligations and this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void.
All inquiries to Data BaGG about the Terms should be made by firstname.lastname@example.org