ePhoneAppend.com - Terms of Service
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Terms of Service

  1. Acknowledgement and Acceptance of Innovative Data, Inc. Terms of Service
  2. Description of Service
  3. Service Warranty
  4. Modifications to Terms of Service
  5. Modifications to Service
  6. Disclaimer of Warranties
  7. No Resale of the Service
  8. Customer Conduct
  9. Indemnification
  10. Termination
  11. Notice
  12. Proprietary Rights to Content
  13. Laws
  14. Payment Terms
  15. Information Collection and Usage
  16. Tracing Information
  17. Links to Other Sites
  18. "Opt Out" Policy
  19. Updating Your Information
  20. Innovative Data Center Security
  21. How You Can Help Keep Your Information Secure?
  22. Your Consent

  1. Acknowledgement and Acceptance of Innovative Data, Inc. Terms of Service

    The Innovative Data Services ("Services"), owned and operated by Innovative Data Incorporated ("Innovative Data Services"), is provided to you under the terms and conditions of this Innovative Data Services Terms of Service (ATS) and any operating rules or policies that may be published by Innovative Data Services. The ATS comprises the entire agreement between you ("The Customer") and Innovative Data Services and supersedes all prior agreements between the parties regarding the Innovative Data Services web site and subject matter contained therein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "CONTINUE" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE ATS.

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  2. Description of Service

    Innovative Data Services is providing registrants with a capability to transmit data to Innovative Data Services for processing and return to you "the Customer. All information requested on original sign-up shall be referred to as registration data ("Registration Data"). If any information provided by a registrant is inaccurate, Innovative Data Services retains the right to close an account and cancel all rights to use our online services.

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  3. Service Warranty

    If Innovative Data Services, Inc. is at fault and fails to process your order in accordance with the specifications confirmed by the customer and is accepted for processing by Innovative Data Services, then Innovative Data Services shall repeat the order in whole or in part as case may be, at no expense to our customer. If a repeat Job is not feasible, then Innovative Data Services shall issue a credit to the extent of any portion of the Job is not processed satisfactorily.

    THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE SERVICE, AND IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY. A REPEAT PROCESSING IN WHOLE OR IN PART, OR CREDIT IF APPROPRIATE, OF THE SERVICE IS THE MEMBER'S SOLE REMEDY FOR BREACH OF WARRANTY.

    THIS WARRANTY WILL NOT APPLY IN THOSE CASES WHERE THE FAILURE TO PERFORM THE PROCESSING PROPERLY WAS AS A RESULT OF ERRORS IN THE DATA SUPPLIED BY THE CUSTOMER. Innovative Data Services DOES NOT ASSUME RESPONSIBILITY FOR ANY DAMAGES THAT THE CUSTOMER MAY INCUR BY REASON OF FAILURE OF PERFORMANCE OF OUR SERVICES, INCLUDING INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

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  4. Modifications to Terms of Service

    Innovative Data Services may change the terms and conditions of the ATS from time to time. Upon any change in the terms and conditions of the ATS, Innovative Data Services will notify you by posting the changes as a start-up screen prior to your subsequent use of the Service. If you agree to be bound by the changes, you must click the "I Accept" button that will follow the posted changes. If you do not click the "I Accept" button, you or we may terminate your use of the Service at that time. An Innovative Data Services customer's continued use of our online service constitutes an affirmative: (1) acknowledgment by the customer of the ATS and its modifications; and (2) agreement by a customer to abide and be bound by the ATS and its modifications.

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  5. Modifications to Service

    Innovative Data Services reserves the right to modify or discontinue any Service with or without notice to an online Innovative Data Services customer. Innovative Data Services shall not be liable to any online customer or any third party should Innovative Data Services exercise its right to modify or discontinue any of its Service(s).

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  6. Disclaimer of Warranties

    Innovative Data Services IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. Innovative Data Services DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Innovative Data Services DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. Price and service availability information is subject to change without notice. Except as specifically stated on this site, neither Innovative Data Services nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

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  7. No Resale of the Service

    An online Innovative Data Services customer's right to use our services is personal to an individual Innovative Data Services Customer. An Innovative Data Services customer may be an individual, a corporation or other business entity. An Innovative Data Services customer agrees not to resell our service(s) without the express consent of Innovative Data Services, Inc.

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  8. Customer Conduct

    An Innovative Data Services online customer is solely responsible for the contents of his or her transmissions through our online service. Customer's use of our service is subject to all applicable local, state, national and international laws and regulations. Customer agrees: (1) To comply with US law regarding the transmission of technical data exported from the United States through our online service; (2) Not to use our services for illegal purposes; (3) Not to interfere or disrupt networks connected to our online service; and (4) To comply with all regulations, policies and procedures of networks connected to our online service. Customer agrees not to transmit through our online service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Innovative Data Services may, at its sole discretion, immediately terminate our online service(s) to a customer should a customer's conduct fail to conform to these terms and conditions of the ATS.

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  9. Indemnification

    Customer agrees to indemnify and hold Innovative Data Services, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of customer's use of our online service(s), the violation of this ATS by a customer, or the infringement by a customer, or other user of our online service(s) using a customer's computer, of any intellectual property or other right of any person or entity.

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  10. Termination

    Either a customer or Innovative Data Services may terminate the online service agreement with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. Innovative Data Services shall not be liable to its customer(s) or any third party for a termination of our services. Should a customer object to any terms and conditions of the ATS or any subsequent modifications thereto or become dissatisfied with our online service(s) in any way, their only recourse is to immediately: (1) discontinue use of our online service(s); (2) terminate the online account; and (3) notify Innovative Data Services of termination. Upon termination of the account, An Innovative Data Services online customer's right to use our online service(s) and software immediately ceases.

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  11. Notice

    All written notices by either party shall be in writing and shall be made either via email or conventional mail. Innovative Data Services may broadcast notices or messages through the internet to inform customers of changes to the ATS, Innovative Data Services service(s), or other matters of importance; such broadcasts shall constitute notice to Innovative Data Services registered customers.

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  12. Proprietary Rights to Content

    Innovative Data Services online customers acknowledge that content, including but not limited to text, software, graphics or other material presented to customers by the Innovative Data Services web site ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Innovative Data Services customers are only permitted to use this Content as expressly authorized by Innovative Data Services, Inc. Innovative Data Services online customers may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by Innovative Data Services, Inc. Innovative Data Services and the Innovative Data Services logo are registered trademarks of Innovative Data Services, Inc.

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  13. Laws

    The ATS shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. Innovative Data Services online customers and Innovative Data Services, Inc. agree to submit to the exclusive jurisdiction of the courts of the State of New York. If any provision(s) of the ATS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Innovative Data Service's failure to exercise or enforce any right or provision of the ATS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Innovative Data Services in writing. Innovative Data Services online customer's and Innovative Data Services agree that any cause of action arising out of or related to providing online services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the ATS are solely used for the convenience of the parties and have no legal or contractual significance.

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  14. Payment Terms

    You can pay for the services you purchase from Innovative Data Services, Inc. with an American Express, MasterCard or Visa Card, via TeleCheck (Canada & USA Only) or by being approved for and accept the terms of an Innovative Data Services Network Credit Account.

    The charge to your credit card will appear under the name of "Innovative Data Services, Inc.", all charges are computed in U.S. currency. If your credit card account is based in another country, the credit card issuer will convert to your local currency. Both the U.S. dollar amount and your local currency will appear on your statement. Innovative Data Services customers are subject to the terms and conditions imposed by American Express, VISA, MasterCard and TeleCheck for the payment of individual transactions.

    If you choose to reject your order, we cannot accept any further orders until you contact our customer service department via email at service@InnovativeData.com, via phone at (800) 383-2445 or fax at (631) 293-9757.

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  15. Information Collection and Usage

    At Innovative Data Services, Inc., we believe that the data you provide us to be processed belongs to you and you alone. Your data files are your property and are not used for any purpose except to process your order. We keep your data for 30 days so that we may refer to them in the unlikely event that there is a problem with the services that we provided to you. After 30 days, your files are purged from Innovative Data Services, Inc.'s secure servers.

    When you register at Innovative Data Services, Inc., we request your name, email address, phone number, postal address, ZIP Code, state, and country. We use this data to manage registrations, and, when you place an order, to contact you about your order.

    Only if you give us permission at time of registration will we use your email address, mailing address and/or phone number to contact you regarding new product/service offerings and other aspects of your use of the Innovative Data Services, Inc., or associated web sites. If, however, you do not wish to continue to receive such communications, you have the ability to "opt-out" at any time by contacting us.

    You may select to pay for your order via Credit Card, TeleCheck or Innovative Data Services Network Account. To maintain the highest level of security, your payment information at Innovative Data Services, Inc. is encrypted using secure sockets layer (SSL) technology. SSL is secure server software that protects against any unauthorized access. Innovative Data Services, Inc. uses your credit card information for the sole purpose of accepting payment for a current order. All credit card numbers are purged from our system, after you have a) Picked up your order(s) from our servers or b) Your order has been uploaded to your ftp site.

    From time to time, we may ask you to answer surveys regarding current or future Innovative Data Services, Inc. products and services. Participation in these surveys is always optional. Survey responses are only used in the aggregate, and are never linked to an individual. While our survey data is primarily for use within Innovative Data Services, Inc. only, we may occasionally share the aggregate survey data with our development partners (e.g. web design, advertising and marketing agencies) in order to facilitate new product development.

    We may occasionally have a special relationship with another company, an entity that we think of as a marketing partner. By this we mean that a portion or version of our web site is integrated into our partner's web site or is integrated with our partner's content or branding. In such circumstances, because we are jointly presenting our web site with a partner, and because the partner is referring customers to Innovative Data Services, Inc., we may agree to share information with the partner as part of our formal contract with that partner, including confidentiality and use obligations and restrictions regarding how the partner may use the information. In these instances where Innovative Data Services, Inc. and a partner jointly promote Innovative Data Services' Services, Innovative Data Services may provide the partner certain account information, such as the name, address, and username as a result of a joint promotion with Innovative Data Services, Inc. We only share this information for users coming to Innovative Data Services, Inc. from a partner web site. Again, at the point of registration, you have the option to "opt-out" of receiving emails or promotional materials. If you have linked to Innovative Data Services, Inc. through a marketing partner as described here, the web page you view will be co-branded with the marketing partner. If you would like information about the information use and practices of a marketing partner, Innovative Data Services, Inc. recommends that you view the privacy policy of the marketing partner.

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  16. Tracing Information

    Like most every web site, our Innovative Data Services, Inc. web site records certain tracing information anytime someone may visit our site. For every web page that is viewed, our web server records an IP address, the operating system, browser version and the name of the page that was viewed.

    This information is not linked to any specific user and is used in the aggregate to maintain and improve our Innovative Data Services, Inc. web site.

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  17. Links to Other Sites

    Our web site contains links to sites developed by other companies and organizations. Please be aware that these sites' privacy policies may differ from ours.

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  18. "Opt Out" Policy

    By default, we do not send Innovative Data Services, Inc. customers any unsolicited email. We only send notifications of product updates, etc., if a user has specifically requested this information. The choice of whether or not to receive these notifications can be changed at any time by contacting us. We may on occasion send unsolicited email to prospects, however we adhere to the Direct Marketing Association e-Mail Privacy Guidelines that includes an "Opt-Out" provision via e-mail.

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  19. Updating Your Information

    All of your personal information can be corrected or updated at any time by visiting the "Select User Options" section after you login.

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  20. Innovative Data Services Center Security

    Our Innovative Data Services center is located in a highly secure facility guarded electronically 24 hours a day. We log the movement of all authorized visitors via badges and your data is located in a separately locked area within our secure facility.

    Our Innovative Data Services, Inc. data center computers communicate with each other using a private network behind a "firewall" that prevents any unauthorized access to our machines. Even with all this protection, Innovative Data Services, Inc. only stores credit card information for active orders on its servers in encrypted form, thereby adding yet another measure of protection for our customers.

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  21. How You Can Help Keep Your Information Secure?

    The most important step you can take to keep your information secure is to keep your password secure. Do not give your password to other people and avoid choosing "easily guessed" passwords (e.g. any single word in the dictionary, proper names of people and places easily associated with you, etc.). Change your password immediately if you suspect someone has been accessing your account without your permission (click on the "Update Account" section of the Innovative Data Services web site after logging in).

    If for any reason you suspect a security violation has occurred, please immediately send an email to service@InnovativeData.com with a description of the situation.

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  22. Your Consent

    In addition to the circumstances described above, Innovative Data Services, Inc. may disclose or release information when we, in good faith, believe that doing so is reasonably necessary to (i) comply with the law, (ii) enforce or apply the terms of any of our user agreements, or (iii) protect the rights, property or safety of Innovative Data Services, Inc., our users, or others. By using our web site, you consent to the collection and use of information by Innovative Data Services as described in our Privacy Policy. If we decide to change our policy, we will post those changes here so you will always know what information we gather, how we use it and under what circumstances we disclose it.

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