1 EASTLINK PERSONAL CLOUD TERMS OF SERVICE IMPORTANT - READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING WITH DOWNLOADING AND/OR THE INSTALLATION OF THE SOFTWARE OR USING EASTLINK PERSONAL CLOUD. 1. Introduction. Description of service - Eastlink Personal Cloud (the "Service") is an online back-up, content sharing and remote access service provided by Eastlink to its High Speed Internet customers. When you subscribe to the service, Eastlink will establish one Eastlink Personal Cloud account (the "Account") in your name on servers (the Servers ) made available by Eastlink or its third party suppliers. Your Account will allow you to: (i) back up data and files on the Servers up to a specified storage limit; (ii) retrieve data and files from the Servers; and (iii) share digital content (such as pictures, videos, music) stored on the Servers subject to the conditions of use described herein. The Service is made available to you for the purpose of backing up content located on your computer(s) and other device(s). The Service is not an archiving service. The Service is intended to backup and manage only individual files of certain commonly used personal applications such as document, photo and video file types. The Service s backup capabilities may vary from one device to another. Please consult the user guide for additional information. Eastlink reserves the right to set a maximum number of computers and/or devices that may be backed up or used to access the Service per Account. You will be charged for the Service as of the date you subscribe to the Service, regardless of when you download and/or install the related software or commence using the Service.
2 Acceptance of these Terms - By downloading or using the Service s software, applications or web portal (the Software ) and/or using the Service, you agree that you have read these Terms of Service, understand them and agree to be legally bound by them and such other additional or alternative terms and policies to which you may be directed in connection with the Service, as amended from time to time, all to the extent permitted by applicable law (collectively the "Terms" or Agreement ). If you do not agree to be bound by these Terms, you may not access or use the Software or the Service. User Guide Before using Eastlink Personal Cloud, you should also carefully read the user guide provided to you. That document sets out important information concerning the functionalities and limitations of the Eastlink Personal Cloud service. The user guide is available at: In these Terms, you and your means, as applicable, you and every person who uses the Service through your Account. 2. Minimum System Requirements and Your Equipment. You must provide at your own expense the equipment and Internet connections that you will need to use the Software and the Service. You are solely responsible for any costs you incur to access the Internet through any wireless or other communications service. Your use of Eastlink Personal Cloud will be subject to your Eastlink High Speed Internet (and, as applicable, Eastlink or other wireless provider s) monthly usage plan (if any) and, where applicable, usage limits and overages may apply. Please see the user guide for additional information on limiting mobile connectivity. It is also your responsibility to ensure that your computer system or device meets the Service s current minimum system requirements, as modified from time to time, and available at Accordingly, unless you update your computer equipment or device, it may cease to be adequate to access the Service. In such event, your sole remedy will be to terminate this Service in accordance with these Terms. 3. Registration, Accounts and Passwords.
3 You must complete the registration process in order to use the Service. You agree to provide accurate and current information when registering for the Service. You agree to promptly update such information as necessary to ensure that it is kept accurate and complete. You are solely responsible for: (a) maintaining the confidentiality of any username, passwords or other account identifiers that you choose or are assigned as a result of any registration for the Service; (b) controlling access to your computer system and devices; and (c) any and all activities or omissions that occur under your username, password or Account whether through your actions (or inactions) or those of one or more persons utilizing your Account. You further agree to immediately notify Eastlink of any unauthorized use, or suspected unauthorized use, of your username, password or Account, or of any other breach of security known to you, and agree to take such reasonable steps as are necessary to prevent any reoccurrence of such event. Eastlink shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section 3, the improper use of your username, password or Account or improper access to your Account by third parties, with or without the use of your password, and whether or not authorized. You may be held liable for any loss or damage incurred by Eastlink or any other user of the Service due to another party using your Account or password. You shall not access or use someone else s account at any time, without the permission of the account holder. 4. Security of Stored and Shared Data and Files. The Service is intended to restrict access to the data and files that you store, retrieve and/or share 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, retrieval and sharing 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 data and files you store and/or share in your Account. As the Service utilizes the public Internet and third party networks to transmit data and files, Eastlink does not guarantee the security of any Content or other information transmitted or shared to or from the Service or your Account. Your shared space is designed for sharing; as such, it is recommended that this component of the Service should not include any of your confidential information. Any such use shall be at your sole risk and, to the extent permitted by applicable law, Eastlink, its affiliates and its agents and suppliers shall be relieved from all liability in connection therewith.
4 5. 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 the Servers and (b) ensuring that such content does not include any of the items listed in or otherwise prohibited by section 6 hereof. You acknowledge that Eastlink has no obligation to monitor (a) the Service, or (b) the content of any data and files stored by you in your Account (including, without limitation, any text, software, music, sounds, photographs, graphics, videos, logos, images, messages or other products or services) (collectively, Content ) accessible through the Service. Eastlink reserves the right to, with immediate effect, refuse, remove or disable access to any data or files stored on the Servers that Eastlink learns may be illegal, may violate the terms of section 6 hereof, may violate the rights of any third party or otherwise may be objectionable in Eastlink s sole discretion. Furthermore, to the extent permitted by applicable law, Eastlink shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data and files in your Account. 6. Conditions of Use. You are solely responsible for the Content you store or retrieve from your Account and for all transmission by you from and to your Account. You are also solely responsible for all Content ed, shared, and/or otherwise made available by you via the Service and your Account, whether publicly posted or privately transmitted. You agree to comply with all applicable laws, these Terms and Eastlink s Acceptable Use Policy, available by visiting and all other Eastlink policies in using the Service. You will NOT use the Service: (a) for any illegal purposes; or (b) to upload, post, store, retrieve, transmit, , share, access, view and/or otherwise make available any Content that contains: (i) any illegal or unauthorized pictures, materials or information; (ii) any harassing, libelous, abusive, threatening, harmful, vulgar, obscene, tortious or otherwise objectionable material of any kind or nature; (iii) any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, violate another person s privacy or otherwise violate any applicable laws; (iv) a virus, cancelbot, trojan horses, worm or other harmful or disruptive component; (v) material that infringes any copyright, trademark, trade secret or other intellectual property or proprietary rights of any third party; (vi) any Content that you do not have a right to make available under any law or under contractual or fiduciary relationship; or (vii) any Content that otherwise contravenes or violates applicable law.
6 data on an anonymized basis (1) to improve activation flow, (2) as part of trends or reports published by Eastlink or its third party suppliers, and/or (3) for marketing and sales purposes. Content stored on the Service may be stored on Servers outside Canada. Similarly, personal information collected by Eastlink during the registration process or for other administrative purposes may be stored and processed in Canada or another country. In either case, the information is protected with appropriate security safeguards, but may be available to government agencies under applicable law. 8. Communications. Eastlink may send you Service related information through the address provided by you at the time of registration and you agree to review all Service related information. Your continued use of the Service following delivery of such Service related information means that you accept and agree to comply with such information. Service related information may also be made available on Eastlink will not allow for storage space in your Account to exceed the specified plan limit. Once you reach your plan limit, no additional information will be backed up by the Service. Commercially reasonable efforts will be made to notify you when storage space is approaching its limit. Eastlink may also send you through , related offers that Eastlink believes may be of interest to you and you hereby consent to receiving such offers. You can choose to unsubscribe from any such communications by following the unsubscribe directions posted at the bottom of the applicable Fees and Charges. You agree that the Service is provided to you subject to your payment of all applicable Service Fees, as defined below, and you hereby agree to pay the monthly service rates, any applicable usage charges, installation fees and/or activation fees, and other fees and charges, if any, together with all applicable taxes and charges, identified to you upon placing your order for the Service or as otherwise identified to you by Eastlink from time to time (collectively, the "Service Fees"),
7 which Service Fees may be amended by Eastlink from time to time, all to the extent permitted by applicable law. For current rates and fees, go to Please note that rates and fees posted on the abovementioned web site may not include applicable taxes or any other charges. For information on Eastlink s billing and payment practices, see Eastlink s Consumer Terms of Service (available at Upon termination or suspension, you will become liable for all outstanding Service Fees as well as any other applicable termination and other fees, all to the extent permitted by applicable law. 10. Use of Software / Consent to Automatic Installation of Updates. Any software made available for your use in connection with the Service shall be subject to the terms and conditions of the associated software licence agreement you accept before you download the software. It is your responsibility to review and agree to the terms and conditions of the applicable software licence agreement before installing or using the software. You agree that all risk associated with the use of, or reliance on, such software rests with you. To the extent permitted by applicable law, Eastlink, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software, including the failure of such software to meet your needs, standards, expectations or desired specifications. We do not warrant that such software will be compatible with other third party software nor do we warrant that operation of our Service and the associated software will not damage or disrupt other software or hardware. Unless otherwise provided in the applicable software licence agreement, all software licence agreements will terminate upon termination of your use of the Service under these Terms of Service. You acknowledge that the Service may include the automatic provisioning of updates to the software from time to time. You expressly consent to any and all actions taken by Eastlink or its third party suppliers with respect to the provision of such updates, including any actions that directly affect your hardware or software. 11. Modifications.
8 To the extent permitted by applicable law, Eastlink may modify the Service, these Terms of Service or any other document that forms part thereof at any time and from time to time, with or without your consent or authorization, including but not limited to modification or amendment of charges or any Service feature. To the extent required by applicable law, Eastlink shall provide you with advance notice of such modifications. The most recent version of these Terms will always be available on Nothing in these Terms shall be construed as obligating you to accept receipt of the Service after any amendment or change is made to the Service or these Terms; however, if you do not accept any modification to these Terms or the Service, then, to the extent permitted by applicable law, your sole remedy is to cancel the Service (and terminate this Agreement) upon the payment of all fees owing for the Service up to date of termination and any termination fees or other charges that may apply, except where such fees or charges are prohibited by applicable law, in which case such cancellation shall be without cost, penalty or cancellation indemnity. Should you continue to use the Service after such change is effective, to the extent permitted by applicable law, such use shall be deemed to be your acceptance thereto and you expressly agree that no additional written agreement or express acknowledgment shall be required to accept such change. 12. Termination. Eastlink may terminate or suspend the Service (or any portion thereof) and this Agreement at any time upon notice in its sole discretion. Eastlink may terminate, suspend or restrict your use of the Service or your Account at any time without notice, or terminate this Agreement if: (a) the operation or efficiency of the Service is impaired by the use of your Account or the Service; (b) any amount is past due from you to Eastlink; or (c) there has been or is any breach of any term or condition of this Agreement or any other terms, agreements or policies that apply to the Service and the use of it. To the extent permitted by applicable law, Eastlink shall not be liable to you or to any other person as a result of any such suspension or termination and access to your stored data files and other Content will cease immediately. To the extent permitted by applicable law, if you are dissatisfied with the Service or any portion thereof, or with any terms, conditions, rules, policies, guidelines, or practices of Eastlink in operating the Service, your sole and exclusive remedy is to discontinue using the Service. Any termination shall not relieve you from any Service Fees or other charges owing or other liability accruing hereunder prior to the time that such termination becomes effective. Furthermore, Eastlink shall have no obligation to maintain any Content associated with your
9 Account or forward any Content to you or any third party. Access to your stored data files and other Content will cease immediately upon termination and it shall be your sole responsibility to remove or copy any such stored data, files and other Content prior to such date. Your stored data, files and other Content will be removed from the Servers thereafter and, upon termination of this Agreement for any reason, Eastlink may, at its sole discretion, immediately purge your data from its systems, including but not limited to, account information, users, settings and any Content. This service is only available to Eastlink High Speed Internet customers. If your Eastlink High Speed Internet service is terminated for any reason, Eastlink will automatically terminate your subscription to the Eastlink Personal Cloud. 13. Disclaimer of Warranties. The transmission, storage, sharing, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, sharing, viewing and retrieval potentially unreliable. ACCORDINGLY AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EASTLINK 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 NONINFRINGEMENT). PLEASE NOTE THAT YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. EASTLINK 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, DEVICE OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED, ALL TO THE EXTENT PERMITTED BY APPLICABLE LAW.
10 YOU ACKNOWLEDGE THAT THE TECHNICAL PROCESSING AND TRANSMISSION OF THE SERVICE, INCLUDING THE TRANSMISSION OF CONTENT, MAY INVOLVE TRANSMISSIONS OVER VARIOUS PUBLIC NETWORKS WHICH ARE NOT SECURE. ANY CONTENT, MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED OR RETRIEVED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCURRED BY YOU (INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA) THAT RESULTS FROM THE DOWNLOAD OR RETRIEVAL OF ANY SUCH CONTENT, MATERIAL OR DATA. 14. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL EASTLINK, INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER EASTLINK HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE, INABILITY TO USE OR THE PERFORMANCE OF YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF CONTENT OR OTHER DATA OR FILES STORED THEREIN, OR ANY SOFTWARE; (B) ANY UNAUTHORIZED ACCESS OR MODIFICATION TO OR TRANSMISSIONS OF ANY OF YOUR CONTENT IN YOUR ACCOUNT OR TRANSMISSIONS; OR (C) ANY OTHER MATTER RELATING TO YOUR ACCOUNT, THE SERVICE OR ANY SOFTWARE, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE. 15. Further Limitation of Liability. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU OBTAIN ALL CONSENTS, AUTHORIZATIONS AND CLEARANCES IN RESPECT OF CONTENT IN YOUR ACCOUNT THAT IS OWNED OR CONTROLLED BY THIRD PARTIES AND THAT YOU TRANSMIT, PROVIDE ACCESS OR COMMUNICATE TO OTHERS USING THE SERVICE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EASTLINK WILL NOT BE LIABLE IN ANY WAY (A) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
11 OF ANY CONTENT TRANSMITTED VIA THE SERVICE; (B) IF YOU ARE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE; OR (C) FOR ANY VIOLATIONS OF COPYRIGHT OR OTHER PROPRIETARY RIGHTS AS A RESULT OF YOUR USE OF THE SERVICE. 16. Indemnity. You agree to defend, indemnify and hold Eastlink, its affiliates, suppliers and other partners, directors, officers, employees and agents 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, submitted, posted or transmitted by you in your Account or made available to a third party in your Account and otherwise on the Servers and (c) any violation of this Agreement by you. 17. Copyright and Trademark Notices. All product, brand and company names and logos used on the Service are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Service without the express written consent of Eastlink or the owner of the mark, as appropriate, is strictly prohibited. 18. Other Important Terms. Eastlink is a federally-regulated undertaking and as such these Terms, including all matters relating to validity, construction, performance and enforcement, shall be governed by applicable federal laws and regulations of Canada and only those provincial laws and regulations that are applicable to these Terms. These Terms are subject to amendment, modification or termination if required by such laws or regulations. Please note that your rights and remedies may vary by province. If any provisions (or parts thereof) contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect
13 Neither party shall be liable for any performance failure, delay in performance, or lost data under these Terms (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are caused by any causes beyond that party's reasonable control, including, without limitation, failure of suppliers, subcontractors, and carriers. These Terms have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties. 19. Contact Information. If you have any questions regarding the Service or these Terms, you may contact Eastlink at or by calling Last updated November 2013
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