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End User License Agreement

BACKUP SERVICE – Data Vault Storage Solutions, LLC (hereafter, the "Company") agrees to provide storage and restoration service of the client's files using the software provided.

NOTICE TO ALL USERS: Carefully read the following legal agreement ("Agreement") which sets forth terms for the use of the software and the cancellation of services provided to you by Data Vault Storage Solutions you are consenting to be bound by and are becoming a party to the following license agreement.

NOTE: BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE PRODUCT (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
This is an agreement ("Agreement") between Customer and Data Vault Storage Solutions.

1.      PROHIBITED ACTIVITIES RELATING TO THE SERVICES:
The Customer is expressly prohibited from using any of the Services for the storage, possession or transmission of any information, the possession, creation or transmission of which violates any Federal, State or local law, including without limitation, stolen materials, obscene materials or child pornography. THE CUSTOMER’S BACKUP FILES MAINTAINED BY the company ARE SUBJECT TO EXAMINATION BY LAW ENFORCEMENT OFFICIALS OR OTHERS WITHOUT THE CUSTOMER’S CONSENT UPON PRESENTATION TO THE CUSTOMER OR THE COMPANY OF A SEARCH WARRANT OR A SUBPOENA.

2.      Responsibility.
The Client is responsible for installing the on-line backup software, scheduling and making sure the proper files are selected for backup. Note: Data Vault installation optional service availability.

The Client is responsible for the cost and maintenance of all communication circuits required for data file transmission and system access. All data files are transmitted over communication company circuits, which are wholly beyond the control and jurisdiction of the the company and are maintained by the communications companies engaged for service by the Client. If these communication circuits are not functional for any reason, the data files may not accurately or completely reach the the company facility or equipment. the company cannot be responsible for the continued operation or functioning of these communication circuits nor the reliability of the data files being received over them.

3.      Term and termination.
Either party may terminate this Agreement by written notice thirty days (30) in advance. The client must make termination request in writing. In the event of non-payment of fees the the company may terminate service with a 10-day email notice to the latest available email address.  Clients with delinquent accounts will be denied access to backup and restore services.   There will be a $170.00 activation fee to re-activate the account.  NOTE: SCHEDULE A.

4.      Liability Limitation.
THE THE COMPANY CLAIMS THAT THE USE OF ITS PRODUCTS AND SERVICES WILL INCREASE THE PROBABILITY THAT LOST, DAMAGED OR DESTROYED FILES, DATA OR INFORMATION MAY BE SUCCESSFULLY RESTORED.  NEVERTHELESS, THE COMPANY MAKES NO GUARANTEE OR WARRANTY THAT THE SYSTEM AND SERVICES WILL AVERT, AVOID OR PREVENT THE LOSS OF FILES, DATA OR INFORMATION OR THE CONSEQUENCES THEREFORE, WHICH THE SYSTEM OR SERVICE IS DESIGNED TO PROVIDE DUE TO ANY COMBINATION OF NATURAL DISASTERS, TECHNOLOGICAL FAILURES AND/OR HUMAN ACTIVITIES.

THE COMPANY SHALL NOT BE LIABLE FOR NONPERFORMANCE, DELAY, ERRORS, DATA LOSS OR OTHER LOSS CAUSED BY ANY EVENT REASONABLY BEYOND THE COMPANY CONTROL INCLUDING, BUT NOT LIMITED TO ACTS OF GOD, WAR, HOSTILITIES, REVOLUTION, CIVIL DISORDER, NATIONAL EMERGENCY, STRIKES, LOCKOUTS, UNAVAILABILITY OF SUPPLIES, EPIDEMICS, FIRE, FLOOD, EARTHQUAKE, FORCE OF NATURE, EXPLOSION, EMBARGO OR ANY LAW, PROCLAMATION, REGULATION, ORDINANCE OR OTHER ACT OR ORDER OF ANY COURT, GOVERNMENT OR GOVERNMENTAL AGENCY.

IN THE EVENT THE COMPANY SHOULD BE FOUND LIABLE IN ANY RESPECT FOR LOSS, DAMAGE OR INJURY DUE TO A FAILURE OF THE EQUIPMENT, SOFTWARE OR SERVICES PROVIDED UNDER THIS AGREEMENT, IT'S LIABILITY SHALL BE LIMITED TO $250.00, AS THE AGREED UPON LIQUIDATED DAMAGES AND NOT AS A PENALTY.

THIRD PARTY CLAIMS/INDEMNIFICATION. THE COMPANY SHALL NOT BE LIABLE FOR CLAIMS MADE AGAINST THE CUSTOMER OR THE COMPANY ARISING OUT OF THE CUSTOMER’S USE OF THE PROGRAMS, THE INVENTIONS, AND/OR THE SERVICES, AND THE CUSTOMER HEREBY INDEMNIFIES, DEFENDS AND HOLDS the company AND ITS MEMBERS, EMPLOYEES, AGENTS AND AFFILIATES, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, OF EVERY NATURE OR TYPE, THAT MAY BE BROUGHT OR ASSERTED AGAINST THE COMPANY OR ANY OF THE COMPANY'S MEMBERS, EMPLOYEES, AGENTS OR AFFILIATES BY ANY OTHER PARTY ARISING OUT OF (I) CUSTOMER’S USE OF THE PROGRAMS, THE INVENTIONS, AND/OR THE SERVICES, (II) CUSTOMER’S BREACH OF ITS OBLIGATIONS, DUTIES AND RESPONSIBILITIES UNDER THIS AGREEMENT, OR (III) ANY BREACH OR DEFAULT BY CUSTOMER UNDER ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR OTHER WRITTEN OR ORAL STATEMENTS MADE BY OR ON BEHALF OF CUSTOMER OR ANY PERSON UNDER THE CONTROL OF CUSTOMER, INCLUDING AGENTS OF THE CUSTOMER.

5.      Increases in Service Fees.
Notwithstanding the terms and conditions set forth herein, after the expiration of the first year of this agreement the company may, at any time, increase the fees and charges upon giving the Client notice in writing. In the event the Client shall be unwilling to pay the increased monthly charge, the Client may terminate this agreement upon giving notice in writing to the company.

6.      Confidentiality.
Data Vault Storage Solutions will use reasonable efforts to prevent the unauthorized disclosure of your confidential information and data. the company will not seek to decrypt your data. the company, however, will not be responsible for any matter beyond its reasonable control, including, without limitation, unauthorized electronic access of your confidential information or data. In the event that Data Vault Storage Solutions is served a subpoena or is otherwise legally compelled to provide access to your data, Data Vault Storage Solutions will provide you with notice of the same as soon as practical to enable you to take action you deem necessary to prevent any such access.

7.  Acceptance.
This Agreement shall not be binding upon the company unless accepted by an officer of the company. In the event of Non-Approval, the sole liability of the company shall be to refund to the Client any amount that has been paid by the Client as part of this Agreement.

8.  Password Security.
It is the FULL responsibility of CLIENT to write down the password or make a disaster recovery disk.  The company will not be held responsible for loss of password, loss or damaged recovery codes and does NOT maintain client passwords.  CLIENT understands that without the password or recovery codes the encrypted stored data can not be retrieved and shall not hold the company responsible in any way for any losses of any kind whatsoever.

9. Authority.
The person accepting this agreement warrants he/she has the authority to enter into this     agreement on behalf of customer and that customer will be bound by the terms of this agreement.

10. Customer Contact Information.
Please contact Data Vault Storage Solutions in writing by electronic-mail at info@datavaultcorp.com  , or by U.S. Mail to:  Data Vault Storage Solutions, 3540 Crain Hwy #210, Bowie, MD 20716

SCHEDULE A – “POLICIES”

1. Accounts which are 15 days in default of payment will be disabled.

2. Accounts which are 30 days in default of payment will be removed with any accompanying Customer data.

3. Trial Accounts that are not converted to Full Accounts by the account Administrator within 30 days will be deleted with any accompanying User data.

4. Near Quota warnings are sent to the account administrator when the account reaches 90% usage.

5. The Restoration Window is the period of time which alternate versions of documents are stored. The default setting for the Restoration Window is 1 MONTHS.

6. Terminated account data is deleted immediately.

7. There are no partial or full refunds for Yearly subscriptions passed the initial 30 day refund period.

 

 

 

 

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