By using this site, you understand and agree that you are strictly forbidden from using any Datassurant, Inc. or affiliate site to perform security tests on computers, servers, or devices in which you do not have explicit or written permission or authorization to test. If you use a third-party hosting service, you must notify the service and receive permission for Datassurant to perform security testing. You agree to hold Datassurant harmless for any failure to obtain any necessary permission.
This agreement is between the client (“client” or “you”) whose name has been input by the undersigned individual, and Datassurant, Inc., a Virginia corporation (“Datassurant”). Client hereby requests Datassurant to perform security testing services as outlined in the Datassurant invoice, statement of work (SOW) or online invoice previously generated by you, as well as any additional services the client subsequently requests, pursuant to the terms of this agreement. Client assumes sole responsibility and liability for any problems or liabilities arising out of any failure to provide Datassurant with all of the client’s IP addresses and/or domain names that should be tested. Datassurant has the right to change the services and its prices at any time. Datassurant will use good faith efforts to notify client of such changes via email or other written notice.
In the course of conducting business, Datassurant may, from time to time, provide client with written or online reports, data, and other materials (collectively, “materials”) in connection with the services. You agree that all intellectual property rights in the materials, including trade secrets, copyrights, patents and trademarks, are exclusively owned by Datassurant and its licensors. Client shall hold in confidence all materials marked as “confidential” and shall use the materials solely for the purposes for which they are disclosed. All materials are licensed to client only for its own use and client does not have any rights to copy, distribute or make derivative works of the materials without the prior written authorization of Datassurant. Dissemination, distribution, copying or use of the materials in whole or in part by a Datassurant competitor or their agents is strictly prohibited.
You agree to pay all charges for all services provided to you. If you have provided Datassurant with credit card information (“card information”), you authorize Datassurant to charge the price of the services, as provided in the invoice, statement of work (SOW) or online invoice, using the card information. If you are purchasing online merchant compliance or security services, you also authorize Datassurant to automatically charge the price of services for each renewal term of this agreement using the card information. You agree to give Datassurant prompt notice of any changes to the card information. This payment section will not apply to you with respect to any services in which your financial institution or the acquirer of your merchant account has agreed to pay.
The term of this agreement is for one year. If you are purchasing online merchant compliance services, this agreement shall automatically renew for successive one-year terms. However, either client or Datassurant may terminate this agreement at any time upon written notice, with or without cause.
DUE TO THE NATURE OF THE COMPUTER SECURITY BUSINESS, NO SECURITY COMPANY CAN GUARANTEE THAT IT WILL DETECT EVERY VULNERABILITY OR SECURITY PROBLEM. DATASSURANT PROVIDES ITS SERVICES ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTIES WHATSOEVER. DATASSURANT DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ITS SERVICES, MATERIALS AND PRODUCTS. DATASSURANT DOES NOT WARRANT THAT THE SERVICES WILL DETECT EVERY VULNERABILITY ON YOUR SYSTEM, OR THAT DATASSURANT’S VULNERABILITY ASSESSMENTS, SUGGESTED SOLUTIONS OR ADVICE WILL BE ERROR-FREE OR COMPLETE. CLIENT AGREES THAT DATASSURANT SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR USEFULNESS OF ANY INFORMATION PROVIDED BY IT, OR FOR ANY USE OF SUCH INFORMATION.
IN NO EVENT SHALL DATASSURANT OR ITS AGENTS BE LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER WITH RESPECT TO ITS SERVICES, MATERIALS AND PRODUCTS, EVEN IF DATASSURANT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, DATASSURANT’S TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE SHALL NOT EXCEED THE FEES YOU HAVE PAID TO DATASSURANT.
This agreement is governed by Virginia substantive law in the county of Fairfax; provided, however, that if client’s primary place of business is in any country other than the United States, the laws of such country shall govern this agreement. Datassurant may seek to enforce this agreement in the courts of Virginia or where client is situated. If suit is brought in a Virginia court, client agrees that such court shall have jurisdiction over the subject matter and personal jurisdiction over it to decide the suit. This is the sole agreement between the parties concerning its subject matter. If any term of this agreement is found void or unenforceable, all other terms shall remain in full force and effect. You may not assign this agreement without Datassurant’s written consent.
Refund requests that are: 1) Within 30 days of purchase and 2) Do not exceed any unused portion(s) of services can be requested by contacting Datassurant at firstname.lastname@example.org. Refunds are typically processed within 5 business days.
Contact information for Datassurant may also be obtained by clicking the Contact Us link at the top of any page.