The following are terms of a legal agreement between you and Websmith Data Services. By accessing, browsing and/or using websmithdataservices.com, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. Please read the following information carefully. By using this Site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below. If you do not agree to these terms and conditions, please do not use this Site and please do not submit any orders for products or services.

      These terms and conditions may be changed by Websmithdataservivecs.com, at any time.  It is your responsibility as a user to periodically return to this page to review the terms and conditions for amendments. The amended terms shall take effect automatically the day they are posted on the site. Your continued use of the Datarecoverylabs.com web site following any amendments will constitute agreement to such amendments.

Copyright

©2008 Websmithdataservices.com. All rights reserved.

  All content included on this site, such as text, graphics, logos, button icons, images and audio clips, and the compilation of this content are the property of Websmithdataservices.com or its content suppliers are protected by U.S. and international copyright laws. The content on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.

      You hereby agree to indemnify, defend and hold Websmith Data Services, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your misuse of this Web Site including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Websmith Data Services reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Websmith Data Services.

Disclaimer of warranty and limitation of liability   

      Data recovery is not guaranteed. Websmithdataservices.com agrees to use its best effort to attempt said recovery, and client agrees that Websmithdataservices.com is in no way liable in the event Websmithdataservices.com is unsuccessful in recovering a Client’s data. Websmithdataservices.com assumes no liability for damage to client’s data and/or property while performing data recovery procedures or during shipment or for uninsured shipments. The client authorizes Websmith Data Services, its employees, and agents, to receive and transport this media/equipment/data to, from and between their facilities. Websmith Data Services shall not be liable for any claims regarding lost media whether the media has been lost at Websmith Data Services or while in transit.

      Websmithdataservices.com’s services are provided “as is,” without warranty of any kind, either expressed or implied, including without limitation to any warranty for information, services, or products provided through or in connection with the service, including without limitation to any results obtained through the service. Specifically, Websmithdataservices.com disclaims any and all warranties, including without limitation:

1)   Any warranties concerning the availability, accuracy, or content of information, products, or services; and

2)   That you agree that use of the service is entirely at your own risk.

    This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. You specifically acknowledge that Websmithdataservices.com is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing is entirely your responsibility.

      Websmithdataservices.com, its owner(s), hosting company, or anyone else affiliated in any way to Websmithdataservices.com shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to gain access to or use the service or out of any breach of any warranty. You hereby acknowledge that the provisions of this section shall apply to all content on the service.

      You agree to indemnify and hold Websmithdataservices.com, its owner(s), and any of its affiliates harmless from any dispute which may arise from a breach of terms of this agreement. You agree to hold Websmithdataservices.com harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to customer’s violation of this agreement, including the terms of service or any content placed on the service by you.

      Not all data loss situations are recoverable and not all data recoveries are successful, regardless of the company or method used. The author(s) of all content and documentation found on this website and its servers are not responsible for any direct or consequential losses due to the use of the information contained herein.