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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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"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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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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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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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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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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