ONLINE REMOTE BACKUP SERVICES FOR PERSONAL OR BUSINESS COMPUTING.

  Providing you a safe, secure and convenient method of storing your important data at an off-site location.

 Fire, Theft, Hardware Failure, Accidental Overwrite, Malicious Employees!

Recover your valuable data when disaster strikes!

RemoteGrid Data Services, LLC Terms of Use

END USER LICENSE AGREEMENT (EULA)

NOTICE: BEFORE YOU ACCESS OUR FTP SERVER(S) OR USE OUR SOFTWARE, CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT") WHICH SETS FORTH TERMS FOR THE USE OF REMOTEGRID SOFTWARE AND/OR SERVICES AND THE CANCELLATION OF SERVICES PROVIDED TO YOU BY REMOTEGRID DATA SERVICES, LLC (REMOTEGRID). YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE FOLLOWING LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE AGREEMENT, DO NOT ACCESS OUR FTP SERVER(S) AND DO NOT USE THE REMOTEGRID SOFTWARE. NOTE: BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SERVICES OF REMOTEGRID AND/OR ITS PRODUCTS (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

Grant Of License For Non-Commercial Use.

Subject to the terms of this Agreement, RemoteGrid grants to you, the user, a personal, non-exclusive, non-sub licensable and non-commercial limited license to install and use the RemoteGrid software program (the "Software") and related services, information, materials and documentation (the "Documentation") on one computer only. Non-commercial means that you cannot charge other people to use the Software, nor may you charge them for work you do on their behalf if it involves use of the Software. This license authorizes you to make one copy of the Software solely for backup or archival purposes, provided that the copy you make contains all the proprietary notices.

Restrictions.

You may not rent, lease, subdivide, modify, translate or sublicense the Software or Documentation. You may only use the Software and Documentation in connection with RemoteGrid's automatic backup network and not with any other backup or related service. You may not (i) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any of Licensor's source code, underlying ideas, algorithms, trade secrets or other proprietary information by any means whatsoever, (ii) create derivative works from or otherwise modify this Software, or (iii) copy or otherwise reproduce the Documentation. YOU MAY NOT RESELL THE SOFTWARE OR TRANSFER FOR VALUE.

Ownership.

The Software is owned by RemoteGrid and its structure, organization and code are the valuable trade secrets of RemoteGrid and are protected by United States Copyright and other laws, international treaty provisions and applicable laws, including intellectual property, of the country in which it is being used. The Software and Documentation are licensed and not sold to you. Except as licensed in this Agreement, RemoteGrid retains all right, title and interest in and to the Software and Documentation worldwide.

Term And Termination.

This Agreement is effective for the period of services purchased by you. You may terminate this Agreement at any time and without cause by returning or destroying all copies of the Software and Documentation and notifing CustomerService@RemoteGrid.com of you intent to terminate and RemoteGrid shall not be obligated to refund any monies paid. All data is retained as described below in the section “Disposition Of Data On Termination” after written termination is received. Your rights under this Agreement will terminate automatically without notice from RemoteGrid if you fail to comply with any term(s) of this Agreement. THERE ARE ADDITIONAL TERMINATION PROVISIONS SET FORTH BELOW WHICH AFFECT YOUR RIGHTS AND ABILITY TO OBTAIN A COPY OF YOUR DATA. PLEASE READ THEM.

Service Fees

All fees related to using RemoteGrid services are charged automatically using the payment method provided by you. If RemoteGrid does not receive a request for service termination in writing to one of the addresses listed below under "customer contact information," You acknowledge and understand that RemoteGrid will continue to charge you for service as long as Your account remains active regardless if the service is used or not.

If You upgrade your service during an existing subscription term, you will be billed in full for the new limit. Any remainder of the prior paid subscription you have remaining will be added onto your account as an extension of service. A monetary refund will not be issued.

If, at any time, You contact your bank or credit card company and decline or otherwise reject this charge, this act will be considered a breach of this agreement and your account will be automatically terminated. Service will not resume until You contact us using the information provided under "customer contact information". In the event that You resume service, the term of your account will be shortened to offset the fees RemoteGrid incurs whenever a frivolous chargeback initiated.

Confidentiality.

RemoteGrid will use reasonable efforts to prevent the unauthorized disclosure of your confidential information and data. RemoteGrid will not seek to decrypt your data. RemoteGrid, 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 RemoteGrid is served a subpoena or is otherwise legally compelled to provide access to your data, RemoteGrid will comply with proper legal authorities.

Controlling Law And Severability.

This Agreement shall be governed by the laws of the United States and the State of Texas without regard to conflicts of laws provisions thereof. If any provision of this Agreement, or portion thereof, is held to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

No Other Warranties.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICE AND/OR SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS." REMOTEGRID DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THIS LIMITATION MAY NOT APPLY TO YOU.

Liability Limitation.

IN NO EVENT, INCLUDING NEGLIGENCE, SHALL REMOTEGRID, AND ITS SUPPLIERS, BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF REMOTEGRID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE AND UNDERSTAND THAT IN NO EVENT SHALL REMOTEGRID'S TOTAL LIABILITY TO YOU EXCEED THE LIST PRICE REMOTEGRID CHARGES YOU FOR A LICENSE TO THE SOFTWARE EVEN IF REMOTEGRID SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORECEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Force Majeure.

RemoteGrid shall not be liable for nonperformance, delay, errors, data loss or other loss caused by any event reasonably beyond RemoteGrid's control including, but not limited to acts of God, war, hostilities, revolution, civil disorder, national emergency, strikes, lockouts, unavailability of supplies, non-use of product, 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.

Entire Agreement.

This Agreement constitutes the entire agreement between the parties with respect to the Software and Documentation and supersedes all prior or contemporaneous understandings regarding this subject matter. No amendment to or modification of this Agreement shall be effective unless in writing and signed by both parties.

Termination Of The License Agreement.

THIS AGREEMENT AND THE FOLLOWING PROVISIONS GOVERN WHAT HAPPENS TO YOUR DATA ON TERMINATION OF THE LICENSE AGREEMENT. THE TERM "DATA" REFERS TO YOUR COMPUTER FILES THAT ARE STORED AWAY FROM YOUR COMPUTER BY RemoteGrid UNDER THE TERMS OF THIS LICENSE AGREEMENT.

Disposition Of Data On Termination.

The services provided to You by RemoteGrid may be terminated under Section 4 above. You understand that all data stored by RemoteGrid under this Agreement shall be deleted on or after Thirty (30) days from the termination date of the agreement (the "Termination Period"). You must inform us in writing (e-mail to: CustomerSupport@RemoteGrid.com or by regular mail to the address listed below) prior to the expiration of the Termination Period if You wish to (A) receive a copy of Your stored data ("data copy"), OR (B) HAVE RemoteGrid IMMEDIATELY DELETE ALL STORED DATA WHEREUPON SUCH DATA WILL NO LONGER BE ACCESSIBLE TO YOU AND RemoteGrid. Fees required to obtain copies of Your stored Data are described in this Agreement. Your Data may be kept confidential at all times subject to the terms of this Agreement and the License Agreement. If RemoteGrid does not receive a written request for a data copy in writing to the address listed below under "customer contact information," You acknowledge and understand that RemoteGrid will destroy all of Your data files immediately on the expiration of the Termination Period with no liability to You whatsoever. By using the RemoteGrid Software and/or Service you are agreeing to release RemoteGrid from any and all liability, claims and damages due to lost or stolen data whether or not You request a data copy.

Fees.

Each copy of Customer Data transferred to a readable CD or DVD disk is available under the terms of this Agreement at a minimum of $25.00 per copy. Additional shipping and handling fees may apply. Online Data restoration is free of charge with an active account in good standing.

Limitation Of Liability For Destruction Of Data After Termination.

EXCEPT AS PROVIDED HEREIN, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL REMOTEGRID OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER LOSS AND DAMAGES FOR THE DESTRUCTION OF DATA UNDER THIS AGREEMENT. IN NO EVENT WILL REMOTEGRID BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE REMOTEGRID CHARGES FOR A LICENSE TO THE SOFTWARE AND/OR SERVICE PLAN, EVEN IF REMOTEGRID SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

CUSTOMERS OF REMOTEGRID SOFTWARE ARE REQUIRED TO PERFORM PERIODICAL TEST RESTORES AND FAMILIARIZE THEMSELVES WITH THE OPERATION OF THE SOFTWARE BEFORE AN EMERGENCY RESTORATION SITUATION ARISES.

Miscellaneous.

This Agreement is governed by the laws of the United States and the State of Texas, without reference to the conflict of laws principles. No provision of this Agreement shall be deemed waived unless such waiver shall be in writing and signed by RemoteGrid or a duly authorized representative of RemoteGrid. You may not assign the benefits of this Agreement to any other party.

Customer Contact Information.

To request a Copy of your Data or to terminate service, please contact RemoteGrid Customer Support by electronic-mail at CustomerService@RemoteGrid.com , or by U.S. Mail to RemoteGrid Data Services, LLC, 7400 FM 462 North, Hondo, Texas 78861.