Effective Date: April 8, 2016
Welcome to the DBHistory.com web site (the "Web Site", “We”, the "Service"). The following Terms of Service ("Terms") contain the terms and conditions that govern your use of the Web Site and the DBHistory.com Service (as defined below). DBHistory.com is an online service that enables monitoring of your database servers and applications. You may subscribe to our Service for a monthly fee. For this fee, you may configure your servers to be monitored by our Service. We store the data we collect about your servers for later review and analysis.
These terms and conditions describe your rights and responsibilities and what you can expect from the DBHistory.com Service. Your use of the Web Site and any of the tools and services provided by this Web Site constitutes your express acceptance of these TERMS. Please read this document carefully before accessing or using the Web Site and any of the tools and services provided by this Web Site. For purposes of these Terms, “DBHistory.com” shall mean the Web Site, and Rusanu Consulting LLC. and its officers, directors, shareholders and affiliates.
DBHistory.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this TERMS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Web Site. You are therefore responsible for regularly reviewing these TERMS and each time you use any tool or service that is provided by this Web Site. In the event of substantive changes to these TERMS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the DBHistory.com Service. Your continued use of the Web Site or the tools and services provided by this Web Site following posting of a change notice or new TERMS on the DBHistory.com Web Site constitutes your express and binding acceptance of the changes.
Use of the tools and services are subject to our published Disclaimer which is incorporated by reference as if fully set forth herein. DBHistory.com shall not be liable or responsible in any manner for use of the DBHistory.com Web Site or the tools and services that we provide and you agree to hold DBHistory.com harmless and to indemnify DBHistory.com from any loss, damages, litigation, harm, fees, costs and attorney’s fees regarding any civil, regulatory or criminal matter arising from your use of this Web Site.
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on our Web Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which DBHistory.com may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
You must comply with all of the terms and conditions of these TERMS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the DBHistory.com Service and the Web Site as well as any posted rules or guidelines that we publish on the Web Site or send to you via e-mail, and any such posted rules and guidelines and or e-mail notifications are incorporated by reference as if fully set forth herein into these TERMS upon publication or issuance of the same.
(a) DBHistory.com solely and exclusively owns all intellectual property and other rights, title and interest in and to the DBHistory.com Service and Web Site, except as expressly provided for in these TERMS. For example and without limitation, DBHistory.com owns the copyrights in and to the Web Site, and certain technology used in providing the DBHistory.com Service. You will not acquire any right, title or interest therein under these TERMS or otherwise except as set forth herein and any and all licenses or rights to our intellectual property shall be terminated forthwith by our posting of the same on our Web Site or via e-mail communication to you.
(b) DBHistory.com grants you a limited revocable non-transferable license to access and access the Web Site and the DBHistory.com Service for its intended purposes, subject to your compliance with these TERMS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by DBHistory.com; to compete with DBHistory.com; to use our content or any element of the content for a commercial use not expressly granted by DBHistory.com in writing; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TERMS, DBHistory.com may revoke the license granted to you and such revocation may be issued by sending an email to your last known email address or upon any publication of the same notice upon the Web Site, at our sole discretion.
3.2 Electronic Communications. When you visit the Web Site or send e-mail to us, you are communicating with us electronically, and are thereby consenting to receive communications from us electronically or by other means available regarding any normal business communication that DBHistory.com deems appropriate to send to you. We will communicate with you electronically, by telephone or by facsimile, at our sole discretion. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing and that any use of a DBHistory.com tool or service subsequent to your receipt of any such agreement, notice, disclosure or other communication is your express execution and acceptance of each and every term, condition, and other element contained within the same.
4.1 DISCLAIMER OF WARRANTIES. DBHISTORY.COM PROVIDES THE WEB SITE AND SERVICE ON AN "AS IS", “WHERE IS,” AND "AS AVAILABLE" BASIS. DBHISTORY.COM DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, THE SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, OR (V) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE. DBHISTORY.COM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
4.2 EXCLUSION OF DAMAGES. DBHISTORY.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE DBHISTORY.COM SERVICE AND/OR THE WEB SITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE LIABILITY OF DBHISTORY.COM IN CONNECTION WITH THESE TERMS OR THE SERVICE EXCEED $50.00. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold harmless DBHistory.com, its affiliates and directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Web Site and/or the Service.
Termination. DBHistory.com may suspend or terminate your use of the Web Site or DBHistory.com Service if it believes, in its sole and absolute discretion, that you have breached a term of these TERMS or have failed to pay monthly service fees in a timely manner.
All notices required or permitted to be given under these TERMS will be in writing and delivered to the other party by any of the following methods: (i) government mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to DBHistory.com, you must use “Contact Us” portion of the Web Site. If DBHistory.com provides notice to you, DBHistory.com will use the contact information provided by you to DBHistory.com. All notices will be deemed received as follows: (i) if by delivery by government mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
These TERMS will not be assignable or transferable by you without the prior written consent of DBHistory.com. These TERMS (including all of the policies and other Agreements described in this TERMS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TERMS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these TERMS will not affect the validity or enforceability of any other provision of these TERMS, all of which will remain in full force and effect.
If you wish to purchase a service, you will be asked to supply certain information. By providing such information, you represent and warrant that it is accurate, complete, and current. By making any such purchase, you agree to pay all charges incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You are responsible for paying any taxes applicable to such purchase.
Site members and visitors may not
We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account.
You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this Web Site. You may not engage in denial of service attacks upon the servers that publish this Web Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Web Site.
All submissions (but not personal information) become the property of this Site. All submissions are non-confidential in nature. “Submissions” may be thought of as “letters to the editor” or “suggestions/ideas” type of email or letters that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.