Terms of Service

By registering for a 365DBA account ("Account"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at: http://365DBA.com/Terms.aspx. 365DBA reserves the right to update and change the Terms of Service by posting updates and changes to http://365DBA.com/Terms.aspx. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “Customer”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Account Terms

• You must be 18 years or older to use this Service.
• You must provide a valid email address and any other information needed in order to complete the registration process.
• You are responsible for keeping your password secure. 365DBA cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
• You may not use the service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the state of Colorado.
• A breach or violation of any of the Account Terms as determined in the sole discretion of 365DBA will result in an immediate termination of your account.

Authorization

By activating an account, you agree that you own or have written authorization to use our service from the legal owner of the Database Management System, Databases, Servers, and Instances to be monitored by 365DBA.

Ownership of Software

The Software is protected by intellectual property laws and treaties. The Software is licensed to Client, not sold. All rights not expressly granted herein are reserved by 365DBA. Subject to the rights granted herein, 365DBA has sole and exclusive ownership of all right, title and interest in and to the Software and all portions thereof. In addition, subject to the rights granted herein, 365DBA shall have sole and exclusive ownership of any add-on components, updates and/or upgrades provided to Client for the Software under this Agreement. If title to the Software or any part or element thereof does not, by operation of law, vest in 365DBA, Client hereby assigns to 365DBA or its designee all right, title and interest in and to the Software and/or any portion or element thereof.

Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Cancellation and Termination of Service

• You may cancel your account at anytime by contacting us at [email protected].
• Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
• We reserve the right to modify or terminate your 365DBA account for any reason, without notice at any time.
• Fraud: Without limiting any other remedies, 365DBA may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with your account.

Copyright Notice

Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.

Disclaimer

THIS SERVICE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

If you have any questions regarding these Terms of Service, please contact us.