Agreement between User and datasnare.com
Welcome to datasnare.com. The datasnare.com website (the “Site”) is comprised of various web pages operated by Forensic IT, Inc. (“Forensic IT”). datasnare.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of datasnare.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Datasnare.com is a Software as a Service (SaaS) and E-Commerce Site.
Datasnare.com allows the purchase and/or lease of various computer hardware and sensor configurations, along with licensed access to proprietary software used for the purpose of data collection, storage and analysis. In addition to offering physical devices and their related software, Datasnare.com offers various Software as a Service (SaaS) subscriptions which include, but are not limited to:
– Configurable SMS, email and automated phone alerting.
– Storage of data collected from Datasnare devices.
– Analysis and reporting of data collected from Datasnare devices, or user-imported data.
– Access to web-based tools which allow users to connect their own data sources from user controlled databases, or third-party services.
– Any future services that Forensic IT develops and offers to users on the condition of payment of a recurring fee.
Visiting datasnare.com or sending emails to Forensic IT constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Forensic IT is not responsible for third party access to your account that results from theft or misappropriation of your account. Forensic IT and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Forensic IT does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use datasnare.com only with permission of a parent or guardian.
You may cancel a Datasnare subscription at any time and you will continue to have access to service related to the cancelled subscription through the end of your billing period. To cancel a subscription, log into your account and go to the “My Account” page on our website. Then go to the “My Subscriptions” section and select “View” next to the subscription you wish to cancel. One the subscription page, you will be able to select “Cancel” to immediately cancel the subscription. If you cancel you subscription, your account will automatically have access to any features of the subscription revoked at the end of your current billing period.
Fees for Not Returning Leased Devices
Any subscription which includes a Datasnare device that has been sent to the customer for the purpose of data collection must be returned to Forensic IT within 30 days of the cancellation. Forensic IT has this policy in order to protect our capital investment on hardware which is leased as part of a Datasnare subscription. Failure to return the device within 30 days of subscription cancellation will result in a fee being charged to the credit/debit card which is on file for the customer. Fees are based on the cost of equipment and can be found below or on the product page for the device.
Microsnare WiFi device: $150
Microsnare Cellular device: $175
Datasnare Embedded Data Collection device: $1000
Forensic IT reserves the right to change the Device fees and structure at any time without requiring notification to users.
Returning Leased Devices
Steps to return leased equipment:
1. Complete the cancellation of the subscription from your Datasnare account in the steps described above.
2. Within 72 hours, you’ll receive an email from email@example.com that contains an pre-paid shipping label and instructions on returning the device.
3. Print the return label and securely pack the leased equipment in a box.
4. Ensure that the return address is correct on the pre-paid return label and apply it to the box after covering or removing any old shipping labels or barcodes on the box.
5. Drop the package off at the closest post office or give it to your local mail carrier.
A user may revoke a cancellation request at any time by navigation to the “My Account” page on our website, selecting the “My Subscriptions” section and selecting “View” next to the subscription to be redirected to the subscription page. A “Revoke Cancel” button will be visible where the “Cancel” button was previously. Selecting to revoke the cancellation will result in a the next scheduled payment to occur as normal, and access to any subscription features will not be revoked.
Forensic IT does not offer normal refunds on datasnare subscriptions or products purchased by a Datasnare user through the Datasnare website or mobile application. The services offered in Datasnare subscriptions are offered in their current state to users with no guarantees.
Purchases made on a customer’s behalf due to any fault discovered in the datasnare.com store front will be refunded by Forensic IT, Inc following an investigation into that cause. If you believe a purchase was mistakenly made from your user account contact Forensic IT at firstname.lastname@example.org or dial 1.314.677.3950 within 24 hours and Forensic IT will open a case investigating the purchase. Forensic IT reserves the right to determine, in its sole discretion, whether a purchase was due to an error in the Datasnare e-commerce website and related software.
Equipment Warranty – Complete Protection
If your Datasnare equipment stops working because of defective materials or workmanship and your account is active and in good financial standing, Forensic IT will repair or replace that equipment through the Complete Protection lifetime equipment warranty program that is included at no additional charge to you as part of your Datasnare service subscriptions. Breaking the tamper seal on the Datasnare device immediately and irrevocably voids the equipment warranty described in Datasnare’s Complete Protection Program.
Complete Protection only covers equipment ordered from Datasnare and its authorized contractors and agents. Forensic IT reserves the right to determine, in its sole discretion, whether particular equipment is defective, whether a device was tampered with and whether the customer was at fault for the damages incurred to leased hardware.
Steps to return defective equipment:
1. To authorize the defective equipment return you must first call Datasnare using 1.314.677.3950 and contact the Datasnare department using the proper extension. You’ll be provided with the information needed to ensure your defective equipment return is processed correctly.
2. New equipment will be shipped to you at no cost.
3. When you receive the new equipment, remove it from the box and keep the box.
4. Pack the defective equipment securly in the box you received the replacement equipment in.
5. Ensure that the return address is correct on the pre-paid return label and apply it to the box after covering or removing any old shipping labels or barcodes on the box.
6. Drop the Package off at the closest post office or give it to your local mail carrier.
Links to Third Party Sites/Third Party Services
datasnare.com may contain links to other websites (“Linked Sites”). The Linked Sites are not
under the control of Forensic IT and Forensic IT is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. Forensic IT is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by Forensic IT of the site or any association with its
Certain services made available via datasnare.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the datasnare.com
domain, you hereby acknowledge and consent that Forensic IT may share such information and
data with any third party with whom Forensic IT has a contractual relationship to provide the
requested product, service or functionality on behalf of datasnare.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
Site, you warrant to Forensic IT that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Forensic IT or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Forensic IT content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Forensic IT and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, “Communication
Services”). You agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded; restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
Forensic IT has no obligation to monitor the Communication Services. However, Forensic IT
reserves the right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. Forensic IT reserves the right to terminate your access to any or all
of the Communication Services at any time without notice for any reason whatsoever.
Forensic IT reserves the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in Forensic IT’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. Forensic IT does not control or endorse the content,
messages or information found in any Communication Service and, therefore, Forensic IT
specifically disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and hosts are not
authorized Forensic IT spokespersons, and their views do not necessarily reflect those of Forensic
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to datasnare.com or Posted on Any Forensic IT Web Page
Forensic IT does not claim ownership of the materials you provide to datasnare.com (including
feedback and suggestions) or post, upload, input or submit to any Forensic IT Site or our
associated services (collectively “Submissions”). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Forensic IT, our affiliated companies and
necessary sublicensees permission to use your Submission in connection with the operation of their
Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Forensic IT is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in Forensic IT’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
The Service is controlled, operated and administered by Forensic IT from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Forensic IT Content accessed
through datasnare.com in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
You agree to indemnify, defend and hold harmless Forensic IT, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of any
rights of a third party, or your violation of any applicable laws, rules or regulations. Forensic IT
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with Forensic
IT in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Forensic IT agree otherwise, the arbitrator may not
consolidate more than one person’s claims,
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. FORENSIC IT, INC. AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FORENSIC IT, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
FORENSIC IT, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL FORENSIC IT, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
FORENSIC IT, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
DISCONTINUE USING THE SITE.
Forensic IT reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby
consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Forensic IT as a result of this agreement or use of the Site. Forensic IT’s performance of
this agreement is subject to existing laws and legal process, and nothing contained in this agreement
is in derogation of Forensic IT’s right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Site or information provided to or gathered by
Forensic IT with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Forensic IT with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Forensic
IT with respect to the Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be written in English.
Changes to Terms
Forensic IT reserves the right, in its sole discretion, to change the Terms under which
datasnare.com is offered. The most current version of the Terms will supersede all previous
versions. Forensic IT encourages you to periodically review the Terms to stay informed of our
Forensic IT welcomes your questions or comments regarding the Terms:
Forensic IT, Inc.
216 Evergreen Lane Suite A
Glen Carbon, Illinois 62034
Effective as of February 25, 2020
Last Updated March 24, 2020