CENTURIC.COM ONLINE DATA BACKUP AND DISASTER RECOVERY SOLUTION ADDENDUM TO TERMS OF SERVICE

Transcription

1 CENTURIC.COM ONLINE DATA BACKUP AND DISASTER RECOVERY SOLUTION ADDENDUM TO TERMS OF SERVICE This Agreement, named the Online Data Backup and Disaster Recvery Slutin Addendum t Centuric s Terms f Service (the Agreement ) is entered by and between yu (yu, yur, Custmer r User ) and Centuric, LLC and any f its affiliates, parents and subsidiaries (individually and cllectively, "we," "us," ur r "Centuric") and the website and ther affiliated r related websites perated, managed r wned by Centuric (tgether the Sites ). THIS AGREEMENT, AND ALL TERMS HERE OF, SHALL BE INCORPORATED INTO AND DEEMED A PART OF THE CENTURIC S TERMS OF SERVICE. IN THE EVENT OF CONFLICT BETWEEN THIS AGREEMENT AND THE TERMS OF SERVICE, THE TERMS OF THIS AGREEMENT SHALL GOVERN. IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, YOUR ACCOUNT SHALL AUTOMATICALLY BE SET WITH AN INITIAL AND RECURRING PERIODIC (E.G. MONTHLY OR ANNUAL) PAYMENT FEATURE. YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. IN THE EVENT THAT YOU SIGNED UP OR FIRST ACCESSED A SERVICE ON THE SITE SUBJECT TO OR IN ACCORDANCE WITH ANY FREE, LIMITED OR OTHER TRIAL SUBSCRIPTION PERIOD, PLEASE BE AWARE THAT AFTER THAT TRIAL PERIOD EXPIRES, CENTURIC WILL BEGIN TO BILL YOUR CREDIT OR DEBIT CARD ACCOUNT ON A PERIODIC (E.G. MONTHLY OR ANNUAL) SCHEDULE FOR THE SERVICE, UNLESS YOU TERMINATE YOUR SERVICE PRIOR TO THE END OF THE TRIAL OR FREE PERIOD. PLEASE VERIFY ALL TERMS ASSOCIATED WITH SUCH PROMOTION TO VERIFY YOUR OBLIGATIONS. YOU CAN ALWAYS CANCEL YOUR SERVICE BY FOLLOWING INSTRUCTIONS ON THE SITE OR BY SENDING AN E- MAIL TO SUPPORT@CENTURIC.COM 1. Terms and Cnditins. This Agreement gverns yur use f the Online Data Backup, Disaster Recvery, and Archiving Prducts (tgether Services ). This Agreement, and all terms here f, shall be incrprated int and deemed a part f the Centuric s Terms f Service as prvided in ( TS ). In the event f cnflict between this Agreement and the TS, the terms f this Agreement shall gvern. Any f the fllwing actins cnstitute yur agreement withut limitatin r qualificatin, t be bund by, and t cmply with, the terms f this Agreement: (i) yur initializatin r registratin f the Services, either via the telephne r thrugh the Centuric s Site r, (ii) yur use f ur Site. 2. Accunt. In rder t access and use the Services, Custmers are required t register an accunt ( Accunt ). When registering an Accunt with Centuric, yu agree t prvide accurate, current and cmplete infrmatin abut yurself and yur cmpany ("Registratin Data") as

2 prmpted during ur registratin prcess ( Registratin Prcess ), including prviding an address which will be used as yur User Name t lg int the cntrl panel, as well as used t cntact yu fr any administrative purpse. Yu represent that we may rely n yur Registratin Data as accurate, current and cmplete. Yu agree t maintain and update yur Registratin Data t keep it accurate, current and cmplete. We reserve the right t terminate yur Accunt fr inaccurate, untrue, deceptive, and/r incmplete Registratin Data. During the Registratin Prcess, yu will be required t designate a specific individual as yur authrized cntact with Centuric (hereinafter, Administrative Cntact ). Yu hereby acknwledge and agree that: (a) the Administrative Cntact is be fully and duly authrized t make any and all decisins with regards t yur Accunt; (b) the Administrative Cntact is be fully and duly authrized interact with Centuric; and (c) the Administrative Cntact is be fully and duly authrized t receive all ntices frm Centuric. 3. Term. The term f this Agreement shall start n the date n which Services are first prvided t yu and will cntinue until such date as explained n the Site, prvided during the check ut prcess r until terminated by either party. 4. Cancellatins and Refunds. Centuric may decide at any time in its sle and abslute discretin whether t remve and/r terminate a Custmer s access t any Service, fr any reasn, including but nt limited t a vilatin f this Agreement r the TS. Such terminatin is effective when executed by Centuric r upn transmittal by Centuric, which ever ccurs first. Hwever, a Custmer s bligatins f indemnificatin pursuant t the TS shall survive any terminatin r the cancellatin f the Service. Cancellatin f a Service by a Custmer: Subject t the fllwing terms, yu may request the cancellatin f yur Services at any time. (a) Cancellatin f Services by a Custmer prir t the end f the Term f the Agreement must be requested via at supprt@centuric.cm. (b) Upn receipt f yur ntice f cancellatin, Centuric shall cnfirm all necessary infrmatin with yu via and thereafter shall infrm yu via that yur accunt has been canceled. (c) Pursuant t receipt f such ntice, the Service shall be cancelled effective the first day f yur next billing cycle. Refund f fees paid by Custmers: If a Custmer cancels a Service during the initial 30-days f that Service, the fees paid fr that Service shall be refunded based n a prratin. The abve nt withstanding, (a) There shall be n refunds f any fees paid when the cancelatin is requested after the initial 30-day perid f the Service;

3 (b) There shall be n refund f any fees paid fr administrative fees r installatin fees; (c) There shall be n refund f any fees where cancellatin f an Accunt was due t vilatins f the TS; and (d) Only first-time Accunts r Services initiated by Custmers fr the first time shall be eligible fr a refund. Centuric reserves the right t cancel, suspend, r therwise restrict access t an Accunt at any time with r withut ntice. Yur right t use the Services will cease upn terminatin f this Agreement. 5. Billing and Payment. Centuric s sale, license, usage, subscriptin r Accunt fees ( Fees ) are explained during the Registratin Prcess r Service rder prcess and are subject t change frm time t time at Centuric s abslute and sle discretin. Please nte that any Fees that are disclsed t yu during the Registratin Prcess r Service rder prcess are deemed a part f this Agreement and the TS. (a) Service Renewal. By entering int this Agreement, yu acknwledge that the Services shall autmatically be set with an initial and recurring peridic (e.g. mnthly r annual) payment feature and yu accept respnsibility fr all recurring charges prir t cancellatin. Unless therwise specifically prvided fr by yur Administrative Cntact thrugh Centuric s Cntrl Panel, ur Services shall autmatically renew ( Aut Renewal ) fr the same perid as the riginal Service. (b) Unless therwise agreed t in writing, all Fees will be autmatically charged and paid by previus authrized credit r debit card n file with Centuric. N additinal ntice r cnsent will be required t initiate a charge fr Fees using that same credit r debit card accunt. (c) Centuric reserves the right t change its pricing and/r billing practices at any time in its sle and abslute discretin. In the event yu dispute any Fees billed t yu, yu must ntify us in writing within ten (10) business days f the date f the disputed statement. Failure t prvide ntice t Centuric within the time as prvided abve shall result in waiver by Custmer f any bjectin t the invice r Fees charged. Any ntices as prvided herein abve must be sent t supprt@centuric.cm (d) IN THE EVENT THAT YOU SIGNED UP OR FIRST ACCESSED A SERVICE ON THE SITE SUBJECT TO OR IN ACCORDANCE WITH ANY FREE, LIMITED OR OTHER TRIAL SUBSCRIPTION PERIOD, PLEASE BE AWARE THAT AFTER THAT TRIAL PERIOD EXPIRES, CENTURIC WILL BEGIN TO BILL YOUR CREDIT OR DEBIT CARD ACCOUNT ON A PERIODIC (E.G. MONTHLY OR ANNUAL) SCHEDULE FOR THE SERVICE, UNLESS YOU TERMINATE YOUR SERVICE PRIOR TO THE END OF THE TRIAL OR FREE PERIOD. PLEASE VERIFY ALL TERMS ASSOCIATED WITH SUCH PROMOTION TO VERIFY YOUR OBLIGATIONS. YOU CAN ALWAYS CANCEL YOUR SERVICE BY FOLLOWING INSTRUCTIONS ON THE SITE OR BY SENDING AN TO SUPPORT@CENTURIC.COM.

4 (e) Changes t the Services, upgrades t plans, and purchasing additinal resurces, may be perfrmed by the Administrative Cntact directly n Centuric s Cntrl Panel, and such changes will take effect immediately and the charges will be prrated fr the remaining term f the service. 6. Delinquent Accunts. There shall be a late fee f $25 and an interest fee at a rate f 18% per annum fr any late r delinquent payment. Late and interest fees shall nt exceed the amunt permitted by law. Acceptance by Centuric f any late r partial payment, whether r nt marked as payment in full, will nt affect the due date f any Fees due and will nt act as an extensin f time r a waiver f any amunts that remain unpaid. In additin, it will nt affect any f Centuric s rights including ur right t declare the entire balance in yur Accunt t be due. Centuric reserves the right t suspend r terminate any delinquent Accunts and/r Service withut prir ntice. Upn such terminatin/suspensin, any and all accrued and unpaid Fees shall becme due immediately. In the event f a reactivatin f a previusly suspended/terminated Accunt/Service, a $10.00 Accunt reactivatin fee shall be charged. There shall als be a $15 fee assessed n all credit card chargebacks. In the event f a terminatin f an Accunt r Service, all files, settings, cnfiguratin, and ther data stred by Centuric will be deleted. 7. Services sftware. (a) (b) License. Centuric grants yu a persnal, nn-exclusive, nn-transferable limited license t install the Services sftware distributed by Centuric in bject cde frm nly n any cmputer r device frm which yu wish t access the Service fr the sle and exclusive purpses f cnnecting t and using the Services sftware in accrdance with these Terms f Use. Yu may nt sub-license, r charge thers t use r access the Services sftware. Centuric ccasinally will prvide autmatic upgrades t imprve yur Centuric experience, althugh these upgrades may nt be cnsistent acrss all platfrm and devices. Yu agree t accept and t take n actin t interfere with such autmatic upgrades, scanning, and related services. Yu may nt sell, assign, grant a security interest in r therwise transfer any right in the Services sftware r incrprate it (r any prtin f it) int anther prduct. Yu may nt cpy, translate, reverse-engineer r reverse-cmpile r decmpile, disassemble, make derivative wrks frm, r therwise attempt t discver any surce cde in the Services sftware. Yu may nt mdify the Services sftware r use it in any way nt expressly authrized by this Agreement. Yu may nt btain the cmmunicatins prtcl fr accessing the Services, Services Sftware r any ther Centuric prduct. Finally, yu may nt authrize r assist any third party t d any f the things described in this paragraph. Perfrmance. Yu understand that Centuric s intrductin f varius technlgies may nt be cnsistent acrss all platfrms and that the perfrmance and features ffered by Centuric may vary depending n yur cmputer and ther equipment.

5 (c) (d) (e) (f) Installatin and Use. The Services sftware may be installed n multiple cmputers and devices fr interactin with and backup t a single subscriptin. The abve nt withstanding, yu acknwledge and agree that there may be a charge r Fee assciated with the dwnlad and installatin f each individual client Services sftware. Restrictins n Access and Use. Yu may access the Service nly thrugh the interfaces and prtcls prvided r authrized by Centuric, such as the Services sftware. Yu agree that yu will nt access the Service thrugh unauthrized means, such as unlicensed sftware clients. Our Services may backup nly certain types f files. Yu agree nt t circumvent these limitatins in any way, including but nt limited t, changing file extensins r head infrmatin. Cmmunicatins. Yu are respnsible fr btaining yur wn Internet access, such as maintaining all telephne, cmputer hardware and ther equipment needed fr access t and use f the Service and the Services sftware, and all charges related theret. Any telephne r ther cmmunicatins charges incurred by yu t access the Service are yur respnsibility. Master Decryptin Key. The master decryptin key is a master key that can be used by Centuric t decrypt user backups, and may be the nly way t restre yur data in the event that yu lse r frget yur wn decryptin key. The master decryptin key maybe disabled using an ptin in the client sftware; hwever yu acknwledge that in the event that yu lse r frget yur decryptin key, if the master decryptin key has been disabled, the recvery f yur data will be nearly impssible t recver. 10. N Warranties n Services. Centuric shall attempt t prvide the Services fr twenty-fur (24) hurs per day, seven (7) days per week thrughut the term f this Agreement. Yu agree that frm time t time the Services may be inaccessible r inperable fr any reasn, including, withut limitatin, equipment malfunctins; peridic maintenance; r causes beynd the cntrl f Centuric. Yu agree that Centuric has n cntrl ver and des nt warrant the availability f the Services n a cntinuus r uninterrupted basis. Further, Centuric make n warranties, express r implied, except t the extent prvided in the Centuric s TS.