Effective Date: August 18th, 2025
Welcome to DataComm Networks, Inc. (“DataComm,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our corporate website (the “Site”), as well as our online services and SaaS platforms, including but not limited to SecurPortal and SecurCentral (collectively, the “Services”).
By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree, you must not use our Site or Services.
1. Eligibility
You must be at least 18 years old and legally able to enter into binding contracts under applicable law to use the Services. By using the Services, you represent and warrant that you meet these requirements.
2. Accounts & Access
a. Account Registration
To access certain features of SecurPortal, SecurCentral, or other Services, you may need to create an account. You agree to:
- Provide accurate and complete information.
- Keep your login credentials secure.
- Notify us immediately if you suspect unauthorized access.
b. Responsibility for Use
You are responsible for all activity that occurs under your account. DataComm is not liable for unauthorized access resulting from your failure to safeguard credentials.
3. Acceptable Use
You agree not to use the Site or Services to:
- Violate any laws or regulations.
- Attempt unauthorized access to any system, network, or account.
- Upload or transmit malware, viruses, or harmful code.
- Interfere with or disrupt the functionality of the Services.
- Share or disclose confidential information accessed through the Services without proper authorization.
We reserve the right to suspend or terminate your access if you violate these Terms.
4. Service Availability
We strive to ensure reliable and secure Services. However:
- Services may be unavailable due to maintenance, updates, or circumstances beyond our control.
- We do not guarantee uninterrupted access or that the Services will be error-free.
- DataComm is not liable for any losses resulting from downtime or technical issues.
5. Intellectual Property
All content, trademarks, software, and materials available through the Site and Services are owned by or licensed to DataComm and are protected by intellectual property laws. You may not:
- Copy, modify, distribute, or reverse-engineer our software or systems.
- Use our name, logos, or branding without prior written permission.
6. Client Data & Privacy (Expanded for Regulated Industries)
a. Data Ownership
All information, files, communications, and other data that you or your authorized users submit, store, or process through SecurPortal, SecurCentral, or other Services (“Client Data”) remains your property. DataComm Networks, Inc. (“DataComm”) does not claim ownership of Client Data.
b. License to Provide Services
By using the Services, you grant DataComm a limited, non-exclusive license to process, store, and transmit Client Data as necessary to provide the Services.
c. Confidentiality & Security
DataComm treats all Client Data as confidential and implements reasonable administrative, physical, and technical safeguards to protect against unauthorized access, disclosure, alteration, or destruction of data. This includes, but is not limited to:
- Encryption of data in transit and at rest.
- Access controls with role-based permissions.
- Multi-factor authentication and monitoring.
- Regular penetration testing and vulnerability assessments.
d. Regulatory Compliance
Because many of our clients operate in highly regulated industries, DataComm’s Services are designed to support compliance with applicable U.S. regulations, including but not limited to:
- HIPAA (Health Insurance Portability and Accountability Act) for healthcare-related data.
- GLBA (Gramm-Leach-Bliley Act) for financial institutions.
- SOX (Sarbanes-Oxley Act) for public companies.
- State-specific privacy and security laws (including Florida regulations).
Clients are responsible for ensuring that their own use of the Services complies with applicable laws and industry regulations. DataComm will provide reasonable assistance, within the scope of the Services, to support compliance.
e. Data Retention & Deletion
- DataComm retains Client Data only as long as necessary to provide the Services or comply with legal obligations.
- Upon termination of Services, clients may request a copy of their data. DataComm will securely delete or anonymize Client Data within a commercially reasonable timeframe, unless retention is required by law.
f. Data Breach Notification
In the event of a data breach affecting Client Data, DataComm will:
- Notify affected clients without undue delay.
- Provide details regarding the scope of the breach, data affected, and remediation steps.
- Cooperate with clients to meet any regulatory reporting requirements.
7. Third-Party Services
Our Services may integrate with or link to third-party applications. DataComm is not responsible for third-party services, their performance, or their terms of use.
8. Disclaimers
The Site and Services are provided “as is” and “as available.” DataComm disclaims all warranties, express or implied, including but not limited to:
- Merchantability or fitness for a particular purpose.
- Non-infringement of intellectual property.
- Accuracy, reliability, or completeness of content.
9. Limitation of Liability
To the fullest extent permitted by law, DataComm shall not be liable for:
- Indirect, incidental, special, consequential, or punitive damages.
- Loss of profits, revenue, data, or business opportunities.
- Any damages exceeding the amount paid to DataComm in the 12 months preceding the claim.
10. Indemnification
You agree to indemnify and hold harmless DataComm, its affiliates, employees, and partners from any claims, damages, or expenses (including legal fees) arising from:
- Your use of the Services.
- Your violation of these Terms.
- Your violation of any third-party rights.
11. Termination
We may suspend or terminate your access to the Services at any time, with or without cause or notice. Upon termination, your right to use the Services will immediately cease, but Sections 5–10 of these Terms will survive.
12. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Hillsborough County, Florida.
13. Changes to Terms
We may update these Terms from time to time. Any changes will be effective immediately upon posting to the Site. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.
14. Service Level Agreement (SLA) – SecurPortal & SecurCentral
This SLA applies to the SaaS Services SecurPortal and SecurCentral. It describes DataComm’s commitments regarding uptime, availability, and support.
a. Uptime Guarantee
- DataComm guarantees 99.9% monthly uptime for SecurPortal and SecurCentral, excluding scheduled maintenance, force majeure events, or issues caused by client-side infrastructure.
- Uptime is measured on a monthly basis.
b. Scheduled Maintenance
- Clients will be notified at least 48 hours in advance of planned maintenance.
- Scheduled maintenance will be performed during off-peak hours whenever possible.
c. Incident Response & Support
- Critical Incidents (system-wide outages, security breaches): Response within 1 hour, resolution efforts continuous until restored.
- High Priority (major feature impairment, large client impact): Response within 4 hours, resolution within a commercially reasonable time.
- Standard Requests (minor issues, troubleshooting): Response within 1 business day.
d. Support Availability
- Standard Support: 8:00 AM – 6:00 PM EST, Monday – Friday (excluding U.S. federal holidays).
- Critical Support: 24/7 emergency response available via the support hotline.
e. Client Responsibilities
To receive SLA benefits, clients must:
- Maintain up-to-date software and security patches on their own systems.
- Provide DataComm with timely access to logs, reports, and other information necessary for troubleshooting.
- Use Services in accordance with the Terms of Service.
f. Remedies for SLA Breaches
If DataComm fails to meet the uptime commitment, clients may request service credits equal to a percentage of their monthly subscription fee, based on the duration of downtime:
- 99.0% – 99.8% uptime: 5% service credit.
- 95.0% – 98.9% uptime: 10% service credit.
- Below 95% uptime: 25% service credit.
Service credits are the client’s sole remedy for SLA breaches.
15. Contact Us
If you have questions about these Terms, please contact us:
DataComm Networks, Inc.
5410 Mariner Street, Suite 100
Tampa, FL 33609
Phone: 800-544-4627 (Sales)
Phone: 877-544-3655 (Support)
Email: info@datacomm.com
