The Full Remote Data Vault Terms Of Service
BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. FURTHER, YOU AGREE THAT THIS AGREEMENT, AND SUPPLEMENTS REFERENCING THIS AGREEMENT, WILL BE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF, SUPERSEDING ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF
No Commitment Evaluation Period:
By Agreeing to this service agreement the client will have a 15-day no commitment evaluation period commencing at installation. The client understands that they will be contacted by the 15th day following download to confirm continuation of the service. If the service is cancelled by the client, the account and all information and associated backups will be removed from the server and permanently destroyed. If contact is attempted and there is no reply then the account will be removed from the server by the 20th day from the date of account creation. Although there is a 15 Day Trial period, chargeable services begin on the first day of account creation not the 16th day. Following the initial charge, the customers account will automatically renew when the initial time period expires and will be renewed for the same time period and billed to the same credit card, unless otherwise noted in an email or phone call to RemoteDataVault.net and responded to with a confirming email or phone call.
The person signing this Agreement and/or corporate entity of which that person is a legally authorized representative, is hereinafter referred to as “You” or “Your”. In Your use of the service described at RemoteDataVault.net hereof (“Service”), You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all third party access fees incurred while using the Service. Remote Data Vault, Inc reserves the right to change the Service or the terms and conditions of this Agreement at any time without notice.
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 for all transmission by You from and to Your Account. You will not use the Service in any way for spamming,junk mail, distribution lists or chain letters to any person who has not given specific permission to be included in such a process. You will only use the Service for lawful purposes, in compliance with all applicable laws including without limitation, copyright, trademark, obscenity and defamation laws. If You violate the restrictions of these Conditions of Use, You agree to defend and indemnify Remote Data Vault, Inc against and hold Remote Data Vault, Inc harmless from any liability (including reasonable attorneys’ fees) incurred by Remote Data Vault, Inc on account of any claim or action that arises from Your unlawful or improper use of the Service.
You acknowledge that Remote Data Vault, Inc and the Software (hereinafter defined) may include information, communications, code, software, photos, text, video, graphics, sounds, images, logos and other material and services (collectively the "Content"), that are owned, provided and maintained by Remote Data Vault, Inc or its affiliates. The Content is protected by copyrights, trademarks and proprietary rights. You may not copy, reproduce, distribute, or create derivative works from the Content. Remote Data Vault, Inc and its affiliates retain all rights not expressly granted.
License To Use Proprietary Software:
Subject to the terms and conditions of this Agreement, and only in conjunction with this Agreement, You are granted a limited, non-exclusive, non-transferable license (the "License") to use Remote Data Vault, Inc's proprietary software relating to the Service (“Proprietary Software”) and, if purchased by You, the online backup software (“Backup Software” and, together with the Proprietary Software, sometimes hereinafter referred to as the “Software”), in object code form only and only during the term of this Agreement. As an express condition of this License, You will NOT, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, MODIFY,
ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, COPY, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR MODIFY, TRANSFER, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OR UNDERLYING IDEAS OR ALGORITHMS OF THE SOFTWARE, USE THE SOFTWARE FOR SERVICE BUREAU PURPOSES, TIMESHARING, OR FOR THE BENEFIT OF A THIRD PARTY, OR REMOVE ANY PROPRIETARY LABELS OR NOTICES ON THE SOFTWARE.
Notwithstanding anything else stated in this Agreement, Remote Data Vault, Inc reserves the right to disclose Your information if required to do so by law or in the good faith belief that such action is reasonably necessary to (1) comply with legal process, (2) respond to any claims against it, or (3) protect the rights, property or personal safety of Remote Data Vault, Inc, its users or the public.
Subject to the terms hereof, Remote Data Vault, Inc will provide You with support services for the Service and Software via e-mail and phone. Under no circumstances will Remote Data Vault, Inc have any obligation to provide You with hard-copy documentation, upgrades, enhancements, modifications, or toll-free phone support.
Payment Of Fees:
By accepting this Agreement, You agree to provide Remote Data Vault, Inc with accurate and complete billing information, including Your legal name, address and telephone number, and to update this information within 30 days of any change to same. Upon accepting this contract and final approval by you following evaluation period, You agree to pay Remote Data Vault, Inc, by check or credit, the then applicable fees for Your Service (the "Fees"). Remote Data Vault, Inc reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days following notice to You (which may be sent by e-mail to the e-mail address listed under your account). The Fees will automatically be charged according to subscription. All sales are final.
Term & Termination:
The term of this Agreement shall be for a period of one (1) month or twelve (12) months as determined by you by the service plan chosen at the time of signup, unless terminated sooner in accordance with this Agreement. Upon the expiration of theterm, unless otherwise terminated, this Agreement will be automatically renewable, or renewable according to subscription. You may cancel your service at any time during your term. Your service will then be terminated at the completion of you current term and will not be renewed. There will be no refunds for Termination by you prior to expiration of the current term.
Remote Data Vault, Inc may terminate this Agreement immediately, without prior notice or liability, if You breach any of the terms or conditions of this Agreement. Upon expiration or termination of this Agreement, (1) You will pay Remote Data Vault, Inc in full for Your use of the Service up to the later of the effective date of termination of this Agreement and the date on which the Service has been disconnected, (2)You shall pay Remote Data Vault, Inc on a pro-rata basis for any use by You of the Service for part of a month, and (3) You will immediately cease all use of the Software, Service, and any documentation and destroy all copies of the Software and any documentation. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, warranty disclaimers, and limitations of liability, except for the License granted in Paragraph 4 hereof and as otherwise expressly provided herein. Termination is not an exclusive remedy and all other remedies will be available whether or not the license is terminated.
THE SERVICE AND THE SOFTWARE (INCLUDING ANY MANUALS PROVIDED THEREWITH) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND REMOTE DATA VAULT, INC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
Limitation Of Liability:
REMOTE DATA VAULT, INC’S TOTAL LIABILITY, IF ANY, WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO (1) WITH RESPECT TO THE SERVICE OR THE PROPRIETARY SOFTWARE, THE FEES PAID BY YOU TO REMOTE DATA VAULT, INC FOR THE SERVICE UNDER THIS AGREEMENT IN THE 12MONTHS PRIOR TO THE ACT OR INJURY THAT GAVE RISE TO THE LIABILITY, OR (2) WITH RESPECT TO THE BACKUP SOFTWARE, THE PURCHASE PRICE THEREFORE . REMOTE DATA VAULT, INC AND ITS AFFILIATES WILL NOT BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF REMOTE DATA VAULT, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIEDWARRANTIES OR THE LIMITATION OF REMEDIES, SO THAT THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
U.S. Government Matters:
You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. The Software and accompanying documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs C (1) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor is Remote Data Vault, Inc, 430 Massachusetts Ave., Arlington, MA 02474.
This Agreement shall be governed and construed in accordance with the laws of the United States and the State of Massachusetts, without giving effect to conflicts of law principles. Each party hereto hereby submits to the exclusive jurisdiction of the United States District Court for the Eastern District of Massachusetts and of any Massachusetts state court sitting in the Counties of Middlesex or Suffolk in the State of Massachusetts for the purposes of all legal proceedings arising out of or relating to this Agreement or the transactions contemplated hereby. Each party hereto irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. This Agreement may not be assigned, downloaded or sublicensed by You, except with Remote Data Vault, Inc's express prior written consent. Either party's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
© 2010 Remote Data Vault All Rights Reserved