Legal Information
"The names, logos and icons identifying Wichita DataCenters’ LLC products and services are proprietary marks of Wichita DataCenters (WDC). Unauthorized use of any of WDC's or its subsidiaries' names, logos or icons may be a violation of federal and state trademark laws.
All other trademarks or service marks are the property of their respective owners.
You may download copyrighted material on this service for your individual and non-commercial use only provided that you keep intact all copyright, trademark and other proprietary rights notices. Using this Web Site to evaluate whether to enter into a business relationship with WDC shall not constitute a commercial use for the purposes hereof." You may not otherwise copy, republish, redistribute, or exploit in any manner, any material from these pages without the express written permission of WDC. Note that the restriction on your use of the materials WDC has provided on this service and those on Web pages to which WDC has provided links and pointers applies whether or not WDC or any third party charges you for reading or using the material.
All products and services referenced are provided subject to applicable tariffs and any accompanying terms and conditions."
NO WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WDC MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE.
WDC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEB SITE IS FREE OF VIRUSES.
USERS SHOULD SEEK THE ASSISTANCE OF INVESTMENT PROFESSIONALS REGARDING THE EVALUATION OF SPECIFIC CONTENT OBTAINED ON OR THROUGH THIS WEB SITE. THE INFORMATION ABOUT WDC PROVIDED ON THIS WEB SITE IS PROVIDED AS A COURTESY TO VISITORS TO THIS WEB SITE.
LIMITATION OF LIABILITY
WDC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEB SITE, EVEN IF WDC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THIS WEB SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE OR RELATED INFORMATION.
LINKED INTERNET SITES THE LINKS IN THIS WEB SITE WILL LET YOU LEAVE WDC's WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF WDC, AND THE CONTENT AVAILABLE ON THE INTERNET SITES LINKED TO THIS WEB SITE DO NOT NECESSARILY REFLECT THE OPINION OF WDC. WDC IS PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO YOU, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THIS WEB SITE IS AT YOUR OWN RISK. WDC ASSUMES NO RESPONSIBILITY FOR, OR ANY OBLIGATION TO MONITOR, THE CONTENT OF SUCH LINKED INTERNET SITES. THE INCLUSION OF ANY LINK DOES NOT IMPLY A RECOMMENDATION, SPONSORSHIP OR ENDORSEMENT BY WDC OF THE LINKED SITE OR ANY AFFILIATION WITH THE LINKED SITE.
You understand that the Internet is public and that e-mail communications between you and WDC via this Web Site are subject to the risk of being viewed by other parties. You acknowledge that any information which you provide to WDC may not be secure and WDC disclaims all liability with respect to the submission of any information which you may submit via e-mail.
COPYRIGHT
This Web Site is protected by U.S. and international copyright laws. You may not modify, reproduce or distribute (a) content on this Web Site (other than as set forth herein), (b) the design or layout of the Web Site or individual sections of the design or layout of the Web Site or (c) WDC logos without WDC's written permission.
MODIFICATIONS
WDC reserves the right to modify this Web Site and the rules and regulations governing its use at any time. Modifications will be posted on the Web Site, and users are deemed to be apprised of and bound by any changes to the Web Site. WDC may make changes in the products and/or services described in this Web Site at any time.
VIOLATION OF RULES AND REGULATIONS
WDC reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Web Site, including the right to block access from a particular Internet address to the Web Site.
GOVERNING LAW AND GENERAL PROVISIONS
This Web Site is operated by WDC from its offices within the United States of America. WDC makes no representation that the information in the Web Site is appropriate or available for use in other locations. Access to the Web Site from territories where the contents of the Web Site may be illegal is prohibited. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claims relating to the information available on this Web Site will be governed by the laws of the State of Kansas U.S.A., excluding the application of its conflicts of law rules.
Non-Disclosure
As part of Wichita DataCenters LLC's continued commitment to providing high quality, cost-effective services we abide by the following non-disclosure agreement for all service requests. This agreement assures that Wichita DataCenters LLC maintains, in the strictest confidence, your client lists, email data, modes of operations, infrastructure, and other such matters.
Non-disclosure Policies
The document below is Wichita DataCenters LLC's standing non-disclosure policy for all work conducted between Wichita DataCenters LLC and you and/or your business (the Client). This governs all confidential information transmitted to Wichita DataCenters LLC by the Client.
I. The Purpose.
The Client and Wichita DataCenters LLC wish to explore a potential business
relationship in connection with which the Client may disclose its Confidential
Information (as defined below) to Wichita DataCenters LLC for the purpose of
completing requested computer consulting services (Relationship).
II. Definition of Confidential Information.
Confidential Information means any information, technical data, or know-how,
including but not limited to, that which relates to research, product plans,
products, services, customers, markets, software, developments, inventions,
processes, designs, drawings, engineering, hardware configuration information,
marketing or finances of the Client, which all shall be deemed as Confidential
Information. Confidential Information does not include information, technical
data or know how which (I) is in the possession of Wichita DataCenters LLC at
the time of disclosure as shown by the Wichita DataCenters LLC's files and
records immediately prior to the time of disclosure, or (ii) prior to or after
the time of disclosure becomes part of the public knowledge or literature other
than as a result of any improper inaction or action of Wichita DataCenters LLC
or, (iii) is approved by the Client, in writing or email, for release.
III. Non-disclosure of Confidential Information.
Wichita DataCenters LLC agrees not to use any Confidential Information disclosed
to it by the Client for its own use or for any purpose other than to carry out
discussions concerning, and the undertaking of the Relationship. Wichita
DataCenters LLC will not disclose any Confidential Information of the Client to
parties outside the Relationship or to employees of the Wichita DataCenters LLC
other than employees or agents under appropriate burden of confidentiality and
who are required to have the information in order to carry our the discussions
regarding the Relationship. Wichita DataCenters LLC agrees that it will take all
reasonable measures to protect the secrecy of and avoid disclosure or use of
Confidential Information of the Client in order to prevent it from falling into
the public domain or the possession of persons other than those persons
authorized under this Agreement to have any such information. Such measures
shall include the highest degree of care that Wichita DataCenters LLC utilizes
to protect its own Confidential Information of a similar nature. Wichita
DataCenters LLC agrees to notify the Client in writing or email of any misuse or
misappropriation of Confidential Information of the disclosing party, if known,
which may come to the Wichita DataCenters LLC's attention.
IV. Publicity.
Wichita DataCenters LLC will not, without prior consent of the Client, disclose
to any other person, the fact that Confidential Information of the Client has
been disclosed under this agreement, that discussions or negotiations are taking
place between the parties, or any of the terms conditions, status or other facts
with respect thereto, except as required by law and then only with prior notice
as soon as possible to the Client.
V. Return of Materials.
Any materials or documents that have been furnished by the Client to Wichita
DataCenters LLC in connection with the Relationship will be promptly returned by
Wichita DataCenters LLC, accompanied by all copies of such documentation or
certification of destruction, within (60) days after (i) the Relationship has
been terminated or (ii) the written request of the Client. Note that Wichita
DataCenters LLC may retain passwords and server access information on file for
an indefinite period of time if (i) we have legally compelling reasons to do so,
(ii) outstanding billing issues, or (iii) the Client uses Wichita DataCenters
LLC's services for more than three service requests per quarter. The Client may
request to have such data removed from our records at any time provided that
there are not pending billing or legal issues.
VI. Patent or Copyright Infringement.
Nothing in this agreement is intended to grant any rights to Wichita DataCenters
LLC with regard to any and all rights of the Client's rights to patents or
copyrights.
VII Term.
The forgoing commitments of each party shall survive any termination of the
Relationship between the parties for a period of one year after application of
Section 5 above.
VIII. Successors and Assigns.
This agreement shall be binding upon and for the benefits of the undersigned
parties, their successors and assigns, provided that Confidential Information of
The Client may not be assigned without the prior written consent of Wichita
DataCenters LLC. Failure to enforce any provision of this Agreement shall not
constitute a waiver of any term hereof.
IX. Governing Law.
This agreement shall be governed by and enforced in accordance with the laws of
the State of Kansas and shall be binding upon Wichita DataCenters LLC and the
Client in the United States and worldwide.
X. Remedies.
Wichita DataCenters LLC agrees that any violation or threatened violation will
cause irreparable injury, both financial and strategic, to The Client and in
addition to any and all remedies that may be available, in law, in equity or
otherwise.
Wichita DataCenters LLC recognizes the above Non-disclosure Agreement as a standing policy for all services requested by the Client.