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You have
selected to register for use of the Pro Softnet IBackup file
storage and retrieval service (the "Service"). The
Service is provided to you under the terms and conditions
set forth in these Terms and Conditions of Use ("Agreement").
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1. Description of Services
2. Conditions of Use
3. Registration Information/Credit
Card Charges
4. Account and Password
5. Security of Stored Data and
Files
6. Content of Stored Data and
Files
7. Disclaimer of Warranties
8. Limitations of Liability
9. Indemnification
10. Termination
11. Notices
12. Severability
13. Modifications to this Agreement
14. Miscellaneous |
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| 1.
Description of Services |
Subject to Pro Softnet's acceptance of Your registration and
Your compliance with the terms and conditions of this Agreement,
Pro Softnet will provide You with the following service (the
"Basic Service") : (a) Pro Softnet will establish
one (1) account in Your name on the Pro Softnet servers (the
"Account"); (b) Pro Softnet will initially allow you
to store up to a total of 50 megabytes of data files in your
Account on a trial basis for 30 days if the trial option is
chosen, or will allow you to store up to a limit higher than
the trial offer depending on the user's choice among the provided
storage options for a subscription fee, including the ability
to create sub-accounts for other parties to have access to sections
of the account ; and (c) Pro Softnet will allow You to retrieve
data files from Your Account; and (d) If sub-accounts are created
by the main account holder, the main account holder is responsible
for all the actions arising from the sub-account holders, and
will make sure that all the terms and conditions described here
are adhered to by the sub-account holders.(e) In Your use of
the Service, you are responsible for providing the following:
(i) all equipment, such as a computer and modem, necessary to
access the World Wide Web; (ii) Your own access to the World
Wide Web; and (iii) payment of all telephone or other fees associated
with such access. Please note IBackup provides
an extensive range of services. It is possible that one or more
of these services may not be available at certain times. Please
see the home page to get current status on the services. |
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| 2.
Conditions of Use |
You are solely responsible for the content of all data You store
or retrieve from, or attempt to store or retrieve from, Your
Account and the Public Folders and for all transmissions by
You from and to Your Account. Your use of the Service is subject
to all applicable local, state, national and international laws
and regulations. You will: (a) not use the Service for any illegal
purposes; (b) not use the Service to store, retrieve, transmit
or view any file, data, image or program that contains: (i)
any illegal pictures, materials or information; (ii) any harassing,
libelous, abusive, threatening, harmful, vulgar, pornographic,
obscene or otherwise objectionable material of any kind or nature;
(iii) any material that encourages conduct that could constitute
a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international
law or regulation; (iv) any code or material that violates the
intellectual property rights of others; (v) any Windows temporary
files of any kind (including, without limitation, any *.p or
~*.* files); or (vi) any viruses, worms, "Trojan horses"
or any other similar contaminating or destructive features;
(c) comply with United States and other applicable law regarding
the exportation and re-exportation of any data or other materials
from the United States or other jurisdictions through the Service;
(d) not use the Service for any spamming, chain letters or other
use that may otherwise disrupt the Service or the networks through
which You access and use the Service; (e) comply with all regulations,
policies and procedures of networks through which You access
and use the Service; and (f) not access or attempt to access
any Service account for which You have no access authorization
or duplicate, modify, distribute or display any of the data
or files from any such account.(g) not use sharing features
in a way that amounts to 'publishing' and restrict the use of
sharing features to share data between friends,colleagues and business partners.
Any
link(s) provided through a web site or a mass email to download/upload
files stored at IBackup Accounts is completely unacceptable
and would be considered as violation of terms as per the (g)
clause mentioned above.
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| 3.
Registration Information/Credit Card Charges |
You will promptly notify Pro Softnet of any change in the information
You provide on Your registration form during Your registration
for the Service (including, without limitation, any change in
Your mailing address, telephone numbers or email address). The
registration information provided by You on Your registration
form during Your registration for the Service, together with
any and all updates provided by You from time to time under
this paragraph, is referred to in this Agreement as the "Registration
Information." Pro Softnet's policy regarding the privacy
and use of the Registration Information is set forth in Pro
Softnet's privacy policy, as the same may be modified and amended
by Pro Softnet from time to time (the "Privacy Policy").
When You accept this Agreement, You acknowledge that You agree
to the terms of the Privacy Policy.
You authorize
a recurring monthly or annual charge to your credit card in
exchange for use of the IBackup service as indicated by published
standard plans or a customized quote provided for your specific
use. You also agree that the enrollment for the next service
period is automatic. Please note that refunds on a pro-rated basis are issued only for monthly
plans. No refunds are issued for yearly account cancellations.
IBackup may allow for use of storage space beyond the
specified plan limit chosen by the user. This is designed to
allow for uninterrupted backups, in case the usage exceeds the
quota limits. Users will be intimated immediately via email on
such occurrences to reduce the storage to the specified limit,
or to upgrade their accounts. In case of non-action by the
user after repeated emails over a period of time, the account
may be automatically upgraded to the next higher plan to
accommodate the increased storage.
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| 4.
Account and Password |
After You accept this Agreement and Your registration has been
accepted by Pro Softnet, You will receive a link by email, on
activation of which Your Account will be established. You are
solely responsible for any consequences arising out of Your
failure to maintain the confidentiality of Your Password. You
will notify Pro Softnet of any unauthorized use or other breach
in security of Your Account immediately after You learn of the
same. |
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| 5.
Security of Stored Data and Files |
Pro Softnet will endeavor to restrict access to the data and
files You store or retrieve from Your Account to persons accessing
such data and files through use of Your Account or Password.
However, no password-protected system of data storage and retrieval
can be made entirely impenetrable. Accordingly, You hereby acknowledge
that it may be possible for an unauthorized third party to access,
view, copy, modify and distribute the data and files You store
in Your Account. |
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| 6.
Content of Stored Data and Files |
You are solely responsible for (a) obtaining sufficient rights
to the content of all data and files stored by You on Pro Softnet's
servers and (b) ensuring that such content does not include
any of the items listed in paragraph 2(b) above. Pro Softnet
normally does not review, inspect, edit or monitor any content,
data or files stored by You or any other user of the Service,
including, without limitation, for viruses, worms, "Trojan
horses" or any other similar contaminating or destructive
features. However, if Pro Softnet has suspicion that an account
is being used for storage and distribution of any illegal material
such as copy-righted content, Pro Softnet reserves the right
to examine the content of the account. Pro Softnet reserves
the right to refuse, remove or disable access to any data or
files stored on Pro Softnet's servers with immediate effect
that Pro Softnet learns may be illegal, may violate the terms
of paragraph 2 above, may violate the rights of any third party
or otherwise may be reasonably objectionable. |
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| 7.
Disclaimer of Warranties |
The transmission, storage, viewing and retrieval of data and
files through the World Wide Web is subject to a variety of
conditions that make such transmission, storage, viewing and
retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF YOUR
ACCOUNT AND THE SERVICE IS AT YOUR SOLE RISK. YOUR ACCOUNT AND
THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS
AVAILABLE" BASIS. PRO SOFTNET, ON BEHALF OF ITSELF AND
ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES
AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE,
WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). PLEASE NOTE
THAT YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. PRO
SOFTNET MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT
OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR
ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED,
VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU STORE
IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) THAT THE DATA
ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E)
THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE
THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL
OR DATA. |
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| 8.
Limitations of Liability |
IN NO EVENT SHALL PRO SOFTNET OR ITS ADVERTISERS OR SUPPLIERS
HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT
OF SUBSTITUTE SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR
BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF
YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR
YOUR LOSS OF DATA OR FILES STORED THEREIN. |
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| 9.
Indemnification |
You will defend, indemnify and hold Pro Softnet, its parents,
subsidiaries, affiliates, agents, officers, directors and employees,
harmless from any claim or demand, including reasonable attorneys'
fees and costs, made by any third party due to or arising out
of (a) Your use of Your Account and the Service, (b) any data
files and content stored by You in Your Account and otherwise
on the Pro Softnet servers and (c) any violation of this Agreement
by You. |
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| 10.
Termination |
Either you or Pro Softnet may terminate this Agreement with
or without cause at any time by giving notice of such termination
to the other in the manner described in paragraph 11 below.
Further, if Pro Softnet believes that You have violated Your
obligations under this Agreement, Pro Softnet may, at its option
and in addition to its other remedies, immediately and without
notice, suspend Your Account, remove and destroy data and files
stored by You on Pro Softnet's servers and/or terminate this
Agreement. Pro Softnet will not be liable to You or any third
party for any suspension or termination of Your Account or the
Service. Should You object to any terms and conditions of this
Agreement or any subsequent modifications thereto or become
dissatisfied with the Service in any way, Your only recourse
is to immediately: (a) discontinue use of the Service; (b) terminate
this Agreement; and (c) notify Pro Softnet of such termination.
Upon any termination of this Agreement, You will cease use of
the Service and, within five (5) days after the effective date
of such termination, remove all of Your stored data files from
the Pro Softnet servers. Pro Softnet may destroy any of Your
stored data files that are not removed from Pro Softnet's servers
within such five (5)-day period. Paragraphs 7,8, 9, 10, 11,
12, 13 and 14 of this Agreement (and any other provision that
can be reasonably construed to survive termination) will survive
termination of this Agreement. |
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| 11.
Notices |
Any notice under this Agreement given by Pro Softnet to You
will be deemed to be properly given if sent by email to Your
email address as set forth in the Registration Information,
or by a startup screen that starts before Your next use of the
Service or by written communication mailed by first class U.S.
mail to Your address on record in the Registration Information
or by a display about the changed information in the agreement
on the index page if the change is generic. It is important
that you maintain a correct working email id and update it if
necessary to be able to receive Pro Softnet's communication.
Any notice under this Agreement given by You to Pro Softnet
will be deemed to be properly given if received by email sent
to Pro Softnet's Customer Service at support@IBackup.com. |
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| 12.
Severability |
This Agreement
will be enforced to the fullest extent permitted by applicable
law. If for any reason any provision of this Agreement is held
to be invalid or unenforceable under applicable law to any extent,
then (a) such provision will be interpreted, construed or reformed
to the extent reasonably required to render the same valid,
enforceable and consistent with the original intent underlying
such provision and (b) such invalidity or unenforceability will
not affect any other provision of this Agreement. |
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| 13.
Modifications to this Agreement |
The terms
and conditions of this Agreement may be changed by Pro Softnet
from time to time. Upon any such change, Pro Softnet will notify
You of such change in accordance with paragraph 11 above and
post an updated version of this Agreement on the Pro Softnet's
IBackup website located at http://www.ibackup.com. Your use
of any Services after such notification will constitute Your
acceptance of such changed terms and conditions. |
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| 14.
Miscellaneous |
Your right
to use the Service is personal to You, and You will not assign
any of Your rights, obligations or interest in this Agreement
or Your Account. Without limiting the foregoing, this Agreement
is binding upon and inures to the benefit of the parties and
their respective successors and assigns. Pro Softnet's failure
to insist upon or enforce strict performance of any provision
or right of this Agreement will not be construed as a waiver
of any provision or right. This Agreement will be governed by
the laws of the State of California, without regard to its conflict
of laws rules. The provisions of the U.N. Convention on Contracts
for the International Sale of Goods and any successor treaties
will not apply. You consent to the venue and exclusive jurisdiction
of the state and federal courts located in Los Angeles County,
California, U.S.A., with regard to any claim arising under or
otherwise occurring by reason of this Agreement or Your use
of the Service or Your Account. You will commence any claim
or cause of action arising under or otherwise occurring by reason
of this Agreement within one (1) year after the claim or cause
of action arises or such claim or cause of action is forever
barred. This Agreement constitutes the entire agreement of the
parties with respect to the subject matter hereof and supersedes
any and all prior and contemporaneous understandings and agreements. |
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