Please Read These Terms and Conditions Carefully
These Terms of Service (“Terms”) constitute a legal agreement between the person or organization agreeing to these terms (“Customer,” “you,” or “your”) and AtData, LLC (“AtData” or “we” or “our”) and applies whenever you access the Services (as defined below) at www.atdata.com or any of its sub-domains (collectively, the “Site”). Please carefully read these Terms before using any of the services provided by AtData (collectively, the “Services”). Your access to and use of the Services is conditioned upon your acceptance of and compliance with this Terms. The Services are intended for business use. You must be eighteen (18) years or older to register for or use any parts of the Services. If you are accessing or using the Services on behalf of a company, you represent and warrant that you are authorized to accept these Terms on behalf of your company, and all references to “you”, “your” or “Customer” shall mean your company. AtData may revise these terms from time to time by updating this posting. We may, in our sole discretion, notify you by email or with an announcement posted on the Site if the Terms are altered in a way that materially affects your rights. Unless otherwise provided below, the revised terms will take effect when they are posted. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THESE TERMS AND ALL REVISIONS THEREOF.
The Services offered by AtData (verification, appending and enrichment of email addresses, postal addresses and phone numbers) that you intend to use and the associated pricing are selected by you either through the Site or by executing a document indicating the Services and fees. Whether you select the Services and associated fees through the Site or execute a document ordering the Services, the information submitted is referred to in these Terms as the “Order Form”. Any additional terms and restrictions in an Order Form shall supplement these Terms, and in the event of any conflict between an Order Form and these Terms, the Order Form shall govern. The Services includes (without limitation) the API Services and Batch Services (as such terms are defined below) and can be accessed by Customer through either i) a real-time system that enables users to verify, correct, and enhance Customer data (“API Services”); or (ii) by uploading data to be processed by AtData (“Batch Services”). Unless specified otherwise, the term “Services” includes both the API Services and Batch Services. The data you provide is referred to herein as the “Customer Data”.
In order to use the Services, you must register for an account with your email address and a password. You must safeguard the password and email address you use to access our Service. You are responsible for all activities that occur under your account, and you authorize AtData to assume that any person using the Service with your email address and password or API key(s) either is you or is authorized to act for you. You agree to immediately notify us of any unauthorized use of your account.
You agree to comply with all laws in providing the data to be processed and in using the Service and the data provided as a result of your use of the Service. You will provide accurate and current information when using our Service. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through our Service. You will not, nor will you permit or assist others to, use our Service for any unlawful purpose or for any purpose other than that for which they are intended. You warrant and represent that you have the legal right to possess, use or view any and all electronic data you transmit utilizing the Service, and that such data does not infringe a third party’s intellectual property rights or rights of publicity or privacy
2. License Grant
(a) Grant of License, Ownership and Compliance with Laws. For the term of these Terms AtData hereby grants to Customer a nonexclusive, non-transferable, non-assignable, revocable license, without the right to sublicense or assign, to access and use the Services solely in connection with Customer’s internal business operations. The Services may incorporate or include certain software and data developed and licensed to AtData by third parties, in which case AtData hereby grants to Customer to the maximum extent possible the rights that AtData is permitted to grant under the license between AtData and the applicable third party.
Customer acknowledges and agrees that, as between Customer and AtData, AtData, or its Affiliates, shall own or otherwise has the rights necessary to perform its obligations under these Terms including, without limitation, all right title and interest in and to the Services including, without limitation, the copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent in the Services including any proprietary rights in the know-how, methodologies, source code, object code, concepts, database structuring, processes and general knowledge and techniques developed or used by AtData in connection with the Services. Nothing in these Terms shall be construed to grant Customer any ownership right in the Services. All suggestions, solutions, improvements, corrections, and other contributions provided by Customer regarding the Services shall be owned by AtData, and Customer hereby agrees to assign any such rights to AtData.
All materials on this Site including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by AtData or owned by other parties who have licensed their intellectual property to AtData. AtData™, and all other derivations of the “AtData” mark appearing on this web site are trademarks and/or service marks of AtData, and all other trademarks, service marks, and trade names used on the site are the property of their respective owners.
You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use our Service or Intellectual Property in any way for any public or commercial purpose without prior written consent of AtData or the rights holder. You may not use the Intellectual Property on any other web site or in a networked computer environment for any purpose except your own personal viewing. If you violate any of these terms, your permission to use the Intellectual Property will automatically terminate; you must immediately destroy any copies you have made of the Intellectual Property; and AtData may revoke your authorization to use our Service.
(b) Service Level for API Services. AtData will strive to keep the API Services available at all times. Customer will promptly notify AtData via telephone or email of any unexpected or unscheduled interruption in the ability of the Customer to access the API Services (“Service Interruption”). AtData will take commercially reasonable efforts to ascertain whether the Service Interruption is within the control of AtData. AtData will use commercially reasonable efforts to remedy any Service Interruption within twenty-four (24) hours of AtData’s receipt of such notification from Customer and, in any event, as soon as reasonably possible. If the aggregate duration of such Service Interruptions exceeds twenty-four (24) hours in any given calendar month or, alternatively, if the aggregate duration of such Service Interruptions exceeds forty-eight (48) hours during any three (3) consecutive calendar months, then Customer will have the right to terminate these Terms upon five (5) days’ written notice to AtData. For any Service Interruption lasting more than one (1) hour, Customer shall receive a credit equal to the average number of daily transactions used by Customer in the thirty (30) days immediately prior to the Service Interruption; provided that Customer may not receive more than one such credit during any calendar day period.
(c) Prohibition Against Reverse Engineering. Customer represents, warrants and covenants that Customer shall not, and shall not allow any third party to, attempt to reverse engineer, reverse assemble, disassemble, decompile, or interfere with the Services.
3. Licensed Data
AtData hereby grants to Customer a nontransferable, non-sublicensable, non-assignable (except as otherwise provided herein), and non-exclusive license to the Licensed Data (as defined below) that is provided by AtData through Customer’s use of the Services. As used herein, “Licensed Data” means the information appended to Customer Data through Customer’s use of the Services. Customer may use the Licensed Data for lawful internal business purposes in accordance with the provisions of these Terms, which provisions shall survive any termination or expiration of these Terms. The license granted hereunder shall automatically terminate upon the breach by Customer of any material obligation or provision of these Terms.
4. No Resale or Re-licensing Permitted
Customer represents, warrants and covenants that Customer will not sell, re-sell, sublicense, distribute, transmit, display, disclose, divulge, reveal, report, publish or transfer the Licensed Data or Services to any third party or reproduce or create derivative works based upon the Licensed Data or Services, or any portion thereof. Customer may not use the Services, or the results therefrom including, without limitation, the Licensed Data, in whole or in part, in the development of any data products or services to be provided to third parties including, without limitation, any list enhancement or data appending service or product.
5. Licensed Restrictions on Use of the Services
Customer shall not use or permit the Services to be used (i) in violation of any applicable privacy policies and all federal, state and local laws, statutes, rules or regulations including, but not limited to, all applicable privacy, email compliance, data protection, credit, do not solicit and any other laws, statutes or regulations applicable to the use of the Licensed Data; (ii) for the propagation of worms or viruses, or (iii) to violate the rights of others (including without limitation privacy rights). You agree not to disrupt the functioning of our Service or act in a way that interferes with other users using our Service in any way. You will not post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You agree not to access, tamper with or use non-public or non-authorized areas of this web site. Unauthorized individuals attempting to access these areas on the site may be subject to prosecution.
We may edit, move, or delete any content in our Service (including content or communications that you have provided) for any reason, and may preserve and disclose content or user information if required to do so by law or in the good faith belief that doing so is necessary to: (a) comply with legal process; (b) enforce these Terms, (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of AtData, its users, or the public, or (e) administer our Service.
All marketing communications used in connection with the Licensed Data shall (i) be devoid of any reference to the source of the recipient’s name and address or to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation; (ii) comply with all applicable privacy policies; and (iii) not contain sexually explicit or obscene materials, or materials that are otherwise deemed offensive. If Customer receives consumer “lifestyle” data with the Licensed Data, such lifestyle data shall not be used in connection with any telemarketing activities. AtData reserves the right to suspend the Services (or a portion thereof) without notice in the event the Customer’s use of the Services is in violation of this section, and to terminate these Terms for repeated violations of this section.
6. Customer’s Additional Representations and Obligations
Customer represents and warrants that (a) it is and shall remain while these Terms are effective a duly formed entity in good standing under the laws of the state of its incorporation or organization; (b) it is and shall remain while these Terms are effective qualified to transact business in all states where the ownership of its properties or nature of its operations requires such qualification; (c) it has full power and authority to enter into and perform these Terms; and (d) it has implemented and will maintain an information security program that contains administrative, technical, and physical safeguards that are appropriate to its size and complexity, the nature and scope of its activities, and the sensitivity of any customer information at issue sufficient to protect the confidentiality of the Licensed Data.
Customer shall be responsible for accepting and responding to any communication initiated by a consumer (“Consumer Inquiries”) arising out of Customer’s use of the Licensed Data. No reference to AtData in written or oral communication to a consumer or in scripts used by Customer in responding to Consumer Inquiries shall be made by Customer without AtData’s and (as applicable) the data owner’s prior written approval.
Customer is responsible for all usage of the Service under Customer’s account, even if unplanned, unintended, or unauthorized. Usage is defined as all requests received by the Service, even if duplicated or rate limited. DAILY USAGE IS MONITORED, AND ATDATA WITHOUT ADVANCE NOTICE MAY HALT OR CAP SERVICE AT ANY TIME IF ATDATA IN ITS SOLE DISCRETION SUSPECTS MISUSE.
This Site may contain links to other websites or resources. You acknowledge and agree that AtData is not responsible for the content available on any other internet sites linked from this Site. AtData is providing these links to other internet sites as a convenience to users, and access to any other Internet sites linked to this Site is at your own risk. The inclusion of any link does not imply AtData recommends or endorses the linked site.
7. Email Append and Email Change of Address (ECOA) Services
In addition to Customer’s other obligations and use restrictions hereunder, the following terms apply to Customer when Customer receives email append, ECOA and/or otherwise receives email addresses from AtData as part of the Services:
(a) Customer acknowledges that, if Customer will be emailing marketing solicitations regarding products prohibited by law to be advertised to or used by minors in certain states, applicable law may require suppression processing to be run against Customer’s files in order to suppress all email addresses accessible to minors from such marketing solicitations. Customer warrants that Customer will apply such suppression processing as required by law prior to utilizing email address data provided herein. Customer will indemnify, defend and hold harmless AtData, its agents and employees from and against any claim, action or liability (including damages, costs, expenses and reasonable attorneys’ fees), that may arise against AtData as a result of Customer’s failure to comply with the foregoing requirement
(b) Customer represents and warrants that no consumer included in the Customer Data has requested not to receive solicitations from Customer.
(c) Email addresses provided by ECOA may include addresses with syntax and spelling corrections, and email addresses provided by business email appending may include addresses constructed by using naming conventions of corporate email domains. Opt-in information will not be available for either of these types of results.
8. SafeToSend Services
In addition to Customer’s other obligations and use restrictions hereunder, the following terms apply to Customer when Customer receives SafeToSend Services. The SafeToSend Service examines provided email addresses and flags identified warnings, blocked, and bad email addresses and provides corresponding corrected addresses, where available. Customer may return addresses incorrectly flagged provided that: 1) the hard bounce is returned to AtData within 10 business days of Customer receipt of the SafeToSend finding on the email address; 2) The hard bounces for credit are submitted to AtData’s customer portal or SFTP server for Customer in a tab-delimited text file, containing each email address that hard bounced along with Customer’s Email Service Provider’s associated bounce code and the timestamp of the real-time validation request or the AtData job number under which the email address was processed, as applicable, for each said email address. Customer must notify helpdesk@AtData.com once the hard bounces for credit are delivered. The credit will be applied towards invoices outstanding over the following twelve months. If the Service is provided on Prepaid Terms (as described below), the credit will be applied to Customer’s account balance.
9. Ownership of Customer Data
The data provided by Customer in connection with the Services through the Customer Data is the sole and exclusive property of Customer and AtData has no ownership interest in or to the Customer Data. Customer represents and warrants that: i) Customer has all licences, authorisations, consents and approvals necessary in order to provide the Customer Data to AtData for the performance of the Services; and ii) the transfer of the Customer Data does not violate any laws, privacy policies, intellectual property rights or any agreements with third parties. Except as otherwise provided herein, AtData and its Affiliates will never disclose or sell Customer’s data to any third party; however, AtData and its Affiliates may use Customer’s data for internal data indexing, data linkage, and data inferencing, in order to improve AtData’s and its Affiliates products and services, including for anti-fraud, validation and data hygiene purposes. By way of example, but not limitation, Customer’s data may reveal that an email address is invalid or fraudulent. AtData and its Affiliates may retain that information to protect itself and other clients.
10. Payment Terms
In consideration of the rights and licenses granted herein, Customer agrees to pay the fees, plus any applicable sales and use taxes, set forth in the Order Form.
Customer shall provide a valid credit card to AtData and authorizes AtData to charge the provided credit card for all Services. Rates are subject to change by AtData and such change shall become effective upon 60 days written notice from AtData. If any change in rates is not acceptable to Customer, Customer may terminate these Terms as provided in Section 11, below.
Customer shall also pay AtData’s costs of collection of any outstanding sums due, including without limitation, attorneys’ fees. All payments due hereunder are in U.S. dollars and are exclusive of any applicable taxes.
Prepaid Terms – If set forth in the Order Form, Customer may purchase “Credits” prior to accessing the Service. Depending on the Services used, one or more Credits allow Customer either one query or one result. Pre-paid Credits expire one year after purchase and are non-refundable and non-transferable. Customers using Credits must have a positive Credit balance in order to use the Services.
(a) Termination: You may terminate these Terms at any time by contacting us through the “Contact Us” page on this Site here https://www.atdata.com/contact-us.
(b) AtData may terminate your account, these Terms, and all or part of the Services, at any time and for any reason. Upon termination of your account for any reason, you will have no right to use the Service or the Licensed Data and we may delete any data pertaining to your account. Upon termination for any reason, you will immediately cease using the Services and delete or otherwise destroy all Licensed Data. Termination does not relieve You of any payment obligations you may have.
(c) You agree that we have the right at any time to modify or discontinue the Service, or any portion of the Service, with or without notice and for any reason. You further agree that AtData will not be liable to you or a third party due to the modification, discontinuance, or temporary suspension of the Service.
(d) Effect of Termination and Survival: Upon any termination of these Terms, the licenses and rights granted to Customer to the Services hereunder will immediately terminate, and any unused Credits will be forfeited. The termination of these Terms for any reason will not relieve Customer of its obligation to pay any amount due and owing up to and including the date of termination and will not affect any other rights or liabilities of the parties which may have accrued prior to the date of expiration or termination. The provisions of Sections 2, 3, 4, 5, 10, 12, 13, 14, 15, and 17(d) will survive any expiration or termination of these Terms. A termination due to Customer’s breach of these Terms will not relieve Customer of any obligation to make minimum payments as set forth in an Order Form.
Each party acknowledges that any and all confidential, proprietary and/or trade secret information disclosed or submitted by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) hereunder (the “Confidential Information”) shall be received and maintained by the Receiving Party in strict confidence, shall not be used for any purpose other than as expressly permitted under these Terms, and shall not be disclosed to any third party without the prior written consent of the Disclosing Party, except as expressly provided herein; provided, however, that each party shall be permitted to disclose relevant aspects of the other party’s Confidential Information only to its, and its Affiliates, respective officers, employees, designees, directors, contractors, legal counsel, financial advisors and similar professionals on a need to know basis to the extent that such disclosure is necessary for the performance of their duties and obligations under these Terms. Each party agrees to ensure that the terms and conditions of this Section are strictly adhered to by all of its employees being given access to any Confidential Information in accordance with these Terms. “Confidential Information,” for purposes of these Terms, shall include, without limitation, the Services, any and all trade secrets, processes, techniques, customer-related information and data, computer programs, databases, technical data, contracts and financial information. The restrictions set forth in this Section shall not apply with respect to any information which the Receiving Party can document: (a) became publicly known through lawful means; (b) was rightfully in the Receiving Party’s possession prior to disclosure by the Disclosing Party; (c) is disclosed to the Receiving Party without confidentiality or proprietary restriction by a third party who rightfully possesses the information (without confidentiality or proprietary restriction) or (d) is or has been independently developed by the Receiving Party. The Receiving Party shall, except as expressly authorized by these Terms, not itself, or allow others to, use, display, copy, disclose, transmit, reverse engineer, disassemble, decompile, translate, modify, or create derivative works from all or any part of such Confidential Information.
CUSTOMER EXPRESSLY AGREES THAT ITS USE OF ATDATA’S SERVICES UNDER THESE TERMS IS AT ITS SOLE RISK. ATDATA’S SERVICES UNDER THESE TERMS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, CURRENTNESS, COMPLETENESS OR FREEDOM FROM ERRORS OF TRANSCRIPTION. ATDATA DOES NOT WARRANT THAT YOUR ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, EMAIL DELIVERABILITY WILL IMPROVE, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ATDATA MAKES NO WARRANTY THAT ANY AND ALL “SPAMTRAPS” AND/OR “HONEYPOT” EMAIL ADDRESSES THAT EXIST IN CUSTOMER DATA WILL BE IDENTIFIED FOR REMOVAL.
(a) AtData agrees to indemnify, defend and hold harmless Customer, its Affiliates and any employee, director, officer or agent thereof, against all liability to third parties and all reasonable expenses, damages and other costs incurred (including reasonable attorney’s fees) arising from a claim by a third party that the use of the Services by Customer according to the terms of these Terms infringes any United States patent or United States copyright of any third party, provided, however, that Customer promptly notifies AtData in writing of any such third party claim. AtData, at its sole option, may elect to conduct the defense of any such third party claim, including without limitation any settlement thereof, and Customer agrees to cooperate fully with such defense at AtData’s expense. AtData, at its sole option, may either (i) procure for the Customer the right to continue use of the Services, (ii) replace or modify the Services so that it is non-infringing without substantially diminishing its capability, or (iii) if AtData determines in its sole discretion that neither (i) nor (ii) are economically practicable, terminate these Terms in its entirety and refund to Customer a pro-rata portion of the Subscription Fee paid by Customer based upon the earning of such fee by AtData over the term of these Terms. Notwithstanding the foregoing, AtData shall have no obligations hereunder with respect to claims of infringement arising from content, material, or advice received from Customer in connection with the development or improvement of the Services.
(b) Customer agrees to indemnify, defend and hold harmless AtData, its Affiliates and any employee, director, officer or agent thereof, against all liability to third parties (including reasonable attorney’s fees) arising from a claim by a third party (i) that any of the Customer’s data or other content provided by Customer or that Customer instructs AtData to use or develop infringes any United States patent or United States copyright, is defamatory or slanderous, or that the collection or use of such data violates the privacy rights or contractual rights of another or (ii) by end users or customers of Customer that they were damaged, suffered a loss, or have any other claim by virtue of Customer’s use of the Services, provided, however, that AtData promptly notifies Customer in writing of any such third party claim. Customer, at its sole option, may elect to conduct the defense of any such third party claim, including without limitation any settlement thereof, and AtData agrees to cooperate fully with such defense at Customer’s expense.
15. Limitation of Liability
NEITHER ATDATA OR ITS AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM INTERRUPTION OF BUSINESS OR LOSS OF ANTICIPATED PROFITS, REVENUES, DATA OR BENEFITS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM (E.G., CONTRACT, TORT, WARRANTY OR OTHERWISE) OF ANY LEGAL OR EQUITABLE ACTION BROUGHT AGAINST SUCH PARTY. IN NO EVENT WILL ATDATA’S OR ITS AFFILIATES LIABILITY OR OBLIGATION FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY DEFAULT OF ATDATA OR ITS AFFILIATES HEREUNDER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT OF FEES AND OTHER AMOUNTS PAID TO ATDATA BY CUSTOMER HEREUNDER DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT UPON WHICH THE CLAIM FOR DAMAGES IS BASED.
16. Important FCRA Restrictions
AtData is not a consumer-reporting agency (“Consumer Reporting Agency”) as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (“FCRA”) and AtData’s Services and reports do not constitute “Consumer Reports”, as that term is defined in the FCRA. Customer will not use or provide AtData Services or data for any purposes enumerated in the FCRA in lieu of obtaining a Consumer Report. Customer will not use or provide any AtData Services or reports:
(a) in connection with establishing a consumer’s eligibility for credit or insurance to be used primarily for personal, family or household purposes, or in connection with assessing risks associated with existing credit obligations of a consumer;
(b) for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee;
(c) for any tenancy verification or in connection with any application to rent real property;
(d) in connection with a determination of a consumer’s eligibility for a license or other benefit that depends on an applicant’s financial responsibility or status;
(e) as a potential investor or servicer, or current insurer, in connection with a valuation of, or assessment of credit or prepayment risks associated with, an existing credit obligation;
(f) in connection with any information, service or product sold or delivered to a “Consumer” (as that term is defined in the FCRA) that constitutes or is derived in substantial part from a Consumer Report; or
(g) for any other purpose under the FCRA.
17. General Provisions
(a) Notices: All notices permitted or required by these Terms will be personally delivered, sent by reputable private overnight courier with established tracking capability (such as FedEx, UPS, DHL or Airborne) postage pre-paid and marked for next business day delivery, or sent via certified mail postage prepaid to the address first set forth above.
(b) Entire Agreement; Assignment: These Terms constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, agreements and communications with respect to such subject matter. These Terms may be modified or amended only by a writing signed by both parties. Either party may assign these Terms in the context of its merger or the sale of substantially all of its assets relating to the subject matter of these Terms.
(c) Force Majeure: AtData will not be liable for any failure of or delay in performance directly or indirectly caused by acts of Customer, its agents, employees, or subcontractors, causes beyond the control of the AtData, including but not limited to acts of God, acts of the public enemy, acts of the United States, any state or territory of the United States, or any political subdivision of the foregoing or the District of Columbia, fire, floods, epidemics, quarantine restrictions, strikes, civil commotions, freight embargoes, any unusually severe weather conditions, or defaults of or delays by Customer’s employees, sub-contractors and suppliers.
(d) Choice of Law, Venue: These Terms will be governed by the law of the State of New York without regard to its principles of conflicts of laws. The parties stipulate and agree that any litigation arising from or relating to these Terms will be filed and prosecuted before a court of competent subject matter jurisdiction in the city of New York, State of New York.
(e) Injunctive Relief: A breach by Customer of a material term of these Terms will cause irreparable harm to AtData and a remedy at law would be inadequate. Thus, in addition to any remedies available, AtData will be entitled to obtain injunctive relief, or other equitable remedies (without posting of a bond), to protect AtData’s rights under these Terms, as well as attorney’s fees where it is a prevailing party.
(f) Independent Contractors: Each party and its respective employees are independent contractors in relation to one another with respect to all matters arising under these Terms. Nothing herein will be deemed to establish a partnership, joint venture, association or employment relationship between the parties. Likewise, for purposes of California and any other applicable state privacy laws, each party is an independent “business” as to any personal information in their use, custody or possession; for purposes of laws that employ a distinction between data “controllers” and “processors,” each party is an independent controller as to any personal data in their use, custody or possession.
(g) Publicity: AtData may list Customer in its marketing materials (in any format or media) mentioning Customer as a customer subject to the terms and conditions of these Terms. AtData may not list or refer to Customer for any other purpose without prior written approval from Customer.
(h)Severability: If any provision of these Terms is unenforceable, the remaining provisions will remain in effect, to be construed as if the unenforceable provisions were originally deleted.