|This Terms of Service (TOS) agreement governs your use of the
Your Data Center site and all content
featured within including but not limited to all links, text and images.|
Your Data Center reserves the
right, at it's sole discretion, to modify, add to or remove any or all parts
of this agreement at any time. Your use of this site amounts to a legally
binding agreement to these terms and conditions, including any changes or
modifications made by Your Data Center as
indicated above. If at any time this Terms of Service agreement and
it's conditions become unacceptable to you, you are encouraged to refrain
from using the site.
By your use of this site and it's content, you hereby agree not to
hold Your Data Center liable for the
content, quality, performance or any other aspect of information provided
by and/or transmitted from this site or for any errors in the transmission
of such information. Your Data Center
is not responsible either directly or indirectly to any person or organization
for direct, indirect, incidental, or consequential damages arising in any
manner out of the use of this site or for the content contained therein or
for any infringements involving submitted programs (ie; "software"),
interruptions in service, etc. Users understand and agree that we make
no guarantees that files or other content originating from or featured on
this site will be free of viruses, contamination or other destructive elements.
Users of Your Data Center further understand
and agree that they assume all risk and responsibility for any loss or damage
arising from the use of this site and/or it's content.
Users understand and agree that they may not modify, republish, transmit,
transfer, sell, reproduce, create derivative works from, distribute, perform,
display, or in any way exploit any of the content featured on
Your Data Center, in whole or in part.
Content consisting of downloadable software may not be reverse engineered
unless specifically authorized by the owner of the software's patent and/or
copyright. You may submit programs to Your Data Center
which are owned by you, content for which you have received
express permission from the owner and content in the public domain. You assume
all risk and responsibility for determining whether any content is in the
public domain. By submitting such software, you grant to
Your Data Center the right to edit, copy,
publish, distribute and otherwise use in any medium any content that you
submit to the site without compensation to you.
By your use of this site and it's content, you further agree to
indemnify, defend and hold harmless Your Data Center
and its owners, agents, advertisers, authors and producers,
from and against any claims, liabilities, losses, costs, damages (including
"acts of God"), third party claims and expenses (including reasonable attorney's
fees) arising from your use of this site.
By your use of this site and it's content, you hereby acknowledge
and agree that Your Data Center makes
no guarantees as to the merchantability, fitness, availability or usability
of this site for any particular purpose and that all content is featured
"as is" and without warranties of any kind (either expressed or implied).
Content & Software
Your Data Center cannot and does
not review all software submitted to us and is not responsible for the quality,
content, completeness, fitness or merchantability of such software.
Your Data Center reserves the right to
delete, move to another category or edit any software that it determines,
at its sole discretion, violates this Terms of Service agreement or is otherwise
unacceptable. Software owners, authors and distributors understand and agree
that we make no guarantee(s) as to when a particular program will be
listed on this site once it has been submitted and that the owner(s) and
authors(s) of such software programs remain solely responsible for the programs
Third Party Links
Users understand and agree that Your Data Center
contains links to sites on the internet which are owned and
controlled by third parties and that we are not responsible for the
availability of or the content located on or within these sites or any of
the sites linked from within them.
This Terms of Service agreement shall be enforceable in accordance
with the laws of the state of NY,
and the parties irrevocably consent to bring any action to enforce this Terms
of Service agreement in the federal or state courts located in
NY & Hewlett. This Terms of Service
agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof, and supersedes all previous written or oral
agreements between the parties with respect to such subject matter. If any
inconsistency exists between the terms of this agreement and any additional
terms and conditions posted on the site, such terms shall be interpreted
as to eliminate any inconsistency, if possible, and otherwise, the additional
terms and conditions shall prevail.