When you ("You") use TowerData services, the domain www.towerdata.com and its sub-domains (collectively, the "Service"), You agree to the following terms and conditions (the "Use Agreement"). In order to use our Service, You must be at least 18 years old and able to form legally binding contracts under applicable law. TowerData, Inc. ("TowerData" or "We") may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS SERVICE AGREEMENT AND ALL REVISIONS THEREOF.
In order to use the TowerData Service, you must register for an account with your email address and a password. You must safeguard the password and email address You use to access our Service. You are responsible for all activities that occur under your account, and You authorize us to assume that any person using the Service with Your email address and password either is You or is authorized to act for You. You agree to immediately notify us of any unauthorized use of your account.
You agree to provide accurate and current information when using our Service. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through our Service. You will not, nor will you permit or assist others to, use our Service for any unlawful purpose or for any purpose other than that for which they are intended. You warrant and represent that you have the legal right to possess, use or view any and all electronic data you transmit utilizing TowerData Service, and that such data does not infringe a third party's intellectual property rights or rights of publicity or privacy.
You agree not to disrupt the functioning of our Service or act in a way that interferes with other users using our Service. Nor will you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You agree not to access, tamper with or use non-public or non-authorized areas of this web site. Unauthorized individuals attempting to access these areas on the site may be subject to prosecution.
We may edit, move, or delete any content in our Service (including content or communications that you have provided) for any reason, and may preserve and disclose content or user information if required to do so by law or in the good faith belief that doing so is necessary to: (a) comply with legal process; (b) enforce this Use Agreement, (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of TowerData, its users, or the public, or (e) administer our Service.
We generally do not pre-screen, monitor, or edit content provided by third parties. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.
You may terminate this Service Agreement at any time by contacting customer service or by sending written notice to, TowerData, Inc. at 15 West 26th St, 9th Floor, New York, New York, USA. Please include your full name and the email address you used to register for and access our Service. TowerData will send you an email confirmation once your account has been cancelled.
TowerData reserves the right to suspend or terminate your account, in whole or in part, or prohibit your further use of the Service, at any time. Upon termination of your account for any reason, you will have no right to use our Service and We may delete any data pertaining to your account. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
You agree that We have the right at any time to modify or discontinue our Service, or any portion of our Service, with or without notice and for any reason. You further agree that TowerData will not be liable to You or an third party due to the modification, discontinuance, or temporary suspension of the service.
All materials on this site including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by TowerData or owned by other parties who have licensed their intellectual property to TowerData. TowerDataTM, and all other derivations of the "TowerData" mark appearing on this web site are trademarks and/or service marks of TowerData, Inc., and all other trademarks, service marks, and trade names used on the site are the property of their respective owners.
You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use our Service or Intellectual Property in any way for any public or commercial purpose without prior written consent of TowerData or the rights holder. You may not use the Intellectual Property on any other web site or in a networked computer environment for any purpose except your own personal viewing. If You violate any of these terms, Your permission to use the Intellectual Property will automatically terminate; You must immediately destroy any copies You have made of the Intellectual Property; and We may revoke Your authorization to use our Service.
This web site may contain links to other web sites or resources. You acknowledge and agree that TowerData is not responsible for the content available on any other Internet sites linked from this web site. TowerData is providing these links to other Internet sites as a convenience to users, and access to any other Internets sites linked to this web site is at Your own risk. The inclusion of any link does not imply We recommend or endorse the linked site.
When using our Service for email, You agree that the messages you are sending or testing will be (a) sent to recipients with whom you have an existing business or personal relationship or (b) sent to recipients from whom you have express consent to send such communication. If you use any part of our Service for the purpose of generating unsolicited email, we reserve the right to immediately terminate your access to our Service and to seek appropriate legal recourse as necessary.
You agree to defend, indemnify, and hold harmless TowerData, its officers, directors, employees, contractors, agents and partners, from and against any claims, actions, demands, loss or damages, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of our Service, including without limitation claims against TowerData for unsatisfactory performance of services listed on the web sites governed by this Service Agreement, or Your violation of this Service Agreement.
NEITHER TOWERDATA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR SERVICE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SERVICE CONTENT) SHALL BE LIABLE 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 TOWERDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE OUR SERVICE AND THE SERVICE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL TOWERDATA'S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF ANY USE OF OUR SERVICE EXCEED THE AMOUNT PAID BY YOU TO TOWERDATA FOR THE SERVICE TO WHICH SUCH LIABILITY IS CLAIMED. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to You.
If Your use of our Service results in the need for servicing or replacing property, material, equipment or data, We are not responsible for those costs.
Your use of our Service is at your sole risk, and You agree to assume all risks and responsibilities for the selection of our Service to achieve Your desired results. Our Service is provided on an "as is" and "as available" basis. TowerData disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. TowerData will make reasonable efforts to maintain our Service, however, TowerData is not responsible for any damage, loss of data, customer information, revenue, or other harm to business arising out of delays, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to our Service, or other interaction with the Service. TowerData makes no warranty that (1) the website will meet Your requirements, (2) our Service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of our Service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by You through our Service will meet your expectations, and (5) any errors in our Service will be corrected. Any material downloaded or otherwise obtained through our Service is done at your own discretion and risk and You are solely responsible for any damage to your computer system 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 TowerData or through or from our Service shall create any warranty not expressly stated in this Service Agreement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.
You authorize TowerData to send notices to You, at TowerData's discretion, via electronic mail, postal mail, or by posting them on this web site. It is your responsibility to check for updates to this Service Agreement.
This Service Agreement, including the documents referenced by and incorporated into this document, constitutes the entire agreement between You and TowerData and governs your use of our Service, superseding all prior or contemporaneous agreements, understandings, or representations and, except as expressly provided therein, may not be modified or amended except in writing signed by both Parties. You also may be subject to additional terms that may apply when you use affiliate or other TowerData services, third-party content, or third-party software. You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Service Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Service Agreement is personal to You and You may not transfer, assign or delegate this Service Agreement to anyone without the express written permission of TowerData. Any attempt by You to assign, transfer or delegate this Service Agreement without the express written permission of TowerData shall be null and void. This Service Agreement and any registration for or subsequent use of our Service will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any user and TowerData.
This Service Agreement will be governed by the law of New York, U.S.A., without regard to its conflicts of law provisions. Any dispute related to this Service Agreement will be submitted to binding arbitration in New York County, New York, pursuant to the Commercial Arbitration Rules of the American Arbitration Association; provided, however, that either Party may seek preliminary injunctive or other equitable relief pending arbitration to prevent irreparable harm. Any dispute You may have with respect to the Service must be commenced within one year after it arises, or the cause of action is barred.
The section titles in this Service Agreement are for convenience only and have no substantive effect.