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Breakthrough Data Innovations
Copyright © 2004. All rights reserved.
 
Standard Policies

Breakthrough Data Innovations has established the following policies in order to make the services available to our customers as consistent and efficient as possible.

User-Supplied Content

All services provided by Breakthrough Data Innovations may be used for lawful purposes only. You may not use the services to submit, publish, or display any content that violates any US Federal, State, or Local Law, Ordinance or Regulation, nor may you use the service to assist any other person or entity to violate any Federal, State, or Local Laws, Ordinances, or Regulations.

You are solely responsible for the content you make accessible via the services provided. Breakthrough Data Innovations has no obligation to monitor your service to examine available content. However, if we are made aware of any content that is determined to be, in our sole discretion, objectionable, Breakthrough Data Innovations has the right, but not the obligation, to edit, remove, or deny access to such content. Breakthrough Data Innovations may disclose any content or records concerning a customer's account required to satisfy any Law, Regulation, Governmental Request, or Court Order.

Breakthrough Data Innovations prohibits the use of its services to display or promote pornography, sex-related merchandising or any illegal activity. Links to such materials are also prohibited.

System Security

Customers are prohibited from attempting to circumvent user authentication or security of any host, network, or account accessible through our services. This includes, but is not limited to, accessing data that the customer is not expressly authorized to access, or violation of any other organization's Security Policy. Customers may not attempt to interfere or deny service to any user, host, or network. Breakthrough Data Innovations will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with Law Enforcement Authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

System Resources

Any customer that uses a high amount of system resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level. Users who violate system or network security may incur criminal or civil liability.

Backups/Restores

As a courtesy, Breakthrough Data Innovations provides a weekly backup service on database accounts. You can request more frequent backups for a nominal fee. Although Breakthrough Data Innovations tries to ensure these backups are complete and accurate, we cannot guarantee data integrity.

Distribution and/or Transmission of Obscene, Indecent Speech or Materials

Violation of Indecency and Obscenity Laws can result in criminal penalties.

Intellectual Property Rights

Material accessible to you through Breakthrough Data Innovations' services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets, or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Breakthrough Data Innovation service in a manner that would infringe, violate, dilute, or misappropriate any such rights, with respect to any material which you access or receive through the service.

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service

Breakthrough Data Innovations reserves the right at its sole discretion to refuse or cancel service. Violation of any of Breakthrough Data Innovations' rules and regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Service Cancellation

To authenticate a cancellation request, you must fill out the online cancellation form. If this is not possible, mail the cancellation notice to Breakthrough Data Innovations, Inc., P.O. Box 1036, Newnan, GA 30264. You must include your account email address, account name, and account password.

We cannot accept cancellation requests over the phone for security reasons.

Indemnification

Customer agrees that it will protect, indemnify, save, and hold Breakthrough Data Innovations, Inc. harmless from any and all stipulations, liabilities, losses, expenses, and claims, as well as reasonable attorney's fees assessed against Breakthrough Data Innovations, Inc., its agents, customers, officers, employees, and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees, or assigns. Customer agrees to defend, indemnify and hold Breakthrough Data Innovations, Inc., harmless against liabilities arising out of: (1) any injury to person or property caused by any products sold or distributed in association with Breakthrough Data Innovations, Inc., services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from Breakthrough Data Innovations, Inc., services.

Disclaimer

Breakthrough Data Innovations, Inc. will not be responsible for any damages your business may suffer. Breakthrough Data Innovations, Inc. makes no warranties of any kind, expressed or implied, for services we provide. Breakthrough Data Innovations, Inc. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Breakthrough Data Innovations, Inc., and its employees. Breakthrough Data Innovations, Inc. reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

Breakthrough Data Innovations, Inc. furthermore expects that its customers will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, Breakthrough Data Innovations, Inc. wishes to emphasize that in accepting services, customers indemnify Breakthrough Data Innovations, Inc. for the violation of any law or Breakthrough Data Innovations, Inc. policy that results in loss to Breakthrough Data Innovations, Inc. or the bringing of any claim against Breakthrough Data Innovations, Inc. This means that if Breakthrough Data Innovations, Inc. is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Breakthrough Data Innovations, Inc., plus costs and reasonable attorneys' fees.