Datto hereby authorizes you to copy materials published by Datto on the Websites solely for non-commercial use within your organization (or if you are a Datto Partner, your customer’s organization) in support of Datto products and services. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Datto or any third party.
ALL CONTENT ON THE WEBSITES IS PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE WEBSITES MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM DATTO. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THE WEBSITES FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
You acknowledge and agree that Datto owns all legal rights, title and interest in and to the Websites and content contained therein, including any Datto trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide trademark and copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without Datto’s prior written permission. Except as expressly provided herein, Datto does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
User access to the Websites is governed by all applicable laws, rules and regulations. All information available on the Websites is subject to export control laws. You agree to use the Websites and post, publish or disseminate information in relation thereto in strict compliance with all laws, rules and regulations.
All Datto products and publications are commercial in nature. Use duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.
Datto, the Datto logo and additional trademarks and service marks listed on the Websites are marks owned by or licensed to Datto; Datto reserves all rights in such Datto marks. Brand and product names listed on the Websites may be trademarks of others, and are the property of such other owners.
Although Datto has attempted to provide accurate information on the Websites, Datto assumes no responsibility for the accuracy of the information. Datto may change the programs, services or products mentioned at any time without notice. Mention of non-Datto products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
You acknowledge that temporary interruptions in the availability of the Websites may occur from time to time as normal events. Datto takes no responsibility for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of the Websites. The content at the Websites may be out of date, may refer to products, programs or services that are not or are no longer available in your geographic location, or may include technical inaccuracies or typographical errors. The Websites are made available internationally and may contain references to products, programs and services of Datto and/or its suppliers that are not available in your location. Such references do not imply that Datto or its suppliers intend to make available such products, programs or services in your location.
ALL INFORMATION PROVIDED ON THE WEBSITES ARE PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. DATTO AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
DATTO AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITES OR ANY DATTO SOFTWARE OR SERVICES, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF DATTO OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Upon the request of Datto, you agree to defend, indemnify and hold harmless Datto and its suppliers, affiliates, and their representatives, officers, directors, employees and attorneys from and against all liabilities, claims, costs and expenses, including attorney fees, that arise in relation to your accessing or use of the Websites.
The Websites may contain links to third party sites. Access to any other Internet site linked to the Websites is at the user’s own risk and Datto is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Datto provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
Access to and use of password protected and/or secure areas of the Websites is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Websites may be subject to prosecution. You are responsible for the security of any account names, identification numbers or passwords associated with your access to and use of the Websites. Datto is not liable for any unauthorized use of any accounts you establish through the Websites (e.g., through Datto’s online support-related services) by you, your employees, agents or anyone else.
With the exception of purchase information required for the purchase of Software and Services, Datto does not want to receive confidential or proprietary information through its Websites.
Any information sent to Datto with the exception of information requested by Datto during the process of your purchasing Backupify products and services, will be deemed NOT CONFIDENTIAL and NOT PROPRIETARY. You grant Datto a perpetual, royalty free, paid up, unrestricted, irrevocable license to display, use, modify, perform, create derivative works, sublicense, reproduce, transmit, and distribute any information you send Datto, for any and all commercial and non-commercial purposes.
You also agree that Datto is free to use any ideas, concepts, or techniques that you send Datto for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques.
You are prohibited from posting or transmitting to or from the Websites any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws, rules or regulations. However, if such communications do occur, Datto will have no liability related to the content of any such communications.
It is neither the policy nor a practice of Datto to review or monitor areas on the Websites where users may transmit or post communications, including bulletin boards, chat rooms, and user forums to determine that such communications comply with this TOU and applicable laws, rules and regulations; however, Datto reserves the right to review such communications but has no such obligation. Datto shall have no responsibility or liability for the content of any communications posted to the Websites, nor for any errors or violations of any applicable laws, rules or regulations.
You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. We may terminate an account, deny access to a Website or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another.
Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide us written notice at email@example.com with the following information: (1) A description of the copyrighted work or other work that you claim has been infringed; (2) A description of where the material that you claim is infringing is located on our Website, networks or other repositories; and (3) Your address, telephone number, and email address.
If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
Datto makes no representation that content in the Websites are appropriate or available for use in any location, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Websites from any location do so on their own initiative and are responsible for compliance with applicable local laws. This TOU constitutes the entire agreement between you and Datto, Inc. (or as applicable its licensors or licensees “Datto”) and governs your use of the Websites. The TOU and all related documents be written and interpreted in the English language. The TOU and the relationship between you and Datto shall be governed by the laws of the State of Connecticut, USA without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located in Fairfield County, Connecticut. If any provision of this TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. In the case of any violation of these rules and regulations, Datto reserves the right to seek all remedies available by law and in equity for such violations. Datto may revise this TOU at any time by updating this posting. You should visit this page from time to time to review the then-current TOU because they are binding on you.