storeitoffsite Services Terms of Use


Thank you for using storeitoffsite.com. In order to gain access to services provided by "storeitoffsite.com, inc." (hereinafter referred to as "SIO"), you must agree to bound by the following Terms of Use.  Please review each and every provision below carefully before agreeing to these Terms of Use.  If you have any questions or concerns regarding the Terms of Use or wish to discuss altering the Terms of Use, please contact SIO directly prior to agreeing to accept these Terms of Use.  If you agree to the Terms of Use, you will be bound to the obligations and rights of SIO set for herein. By installing this software you indicate that you AGREE to these terms and conditions.


 


ATTENTION IS DIRECTED TO THE EXCLUSION OF WARRANTY, LIMITATION OF LIABILITY, RELEASE AND LIMITATION OF DAMAGES IN PARAGRAPHS 10, 11 AND 14 BELOW.


 


1. All software provided by SIO is on an "as is" basis with no warranties of any kind and SIO will not be liable for any damages of any kind arising from its use. SIO further disclaims all warranties, express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose


2. SIO grants you a non-exclusive, non-transferable, royalty-free, limited license to use the binary form of the software provided by SIO for personal use only. Redistribution of programs owned by SIO unless explicitly granted in writing by SIO, is strictly prohibited.


3. All content included on this site, including text, graphics, logos, button icons, images and software, is the property of SIO or its content suppliers and is protected by international copyright laws. All programs used on this site are the property of  SIO or its software suppliers and are protected by international copyright laws. Any attempt to reverse engineer, disassemble, or decompile programs, unless prior written permission has been provided by SIO, is prohibited.


4. SIO may send notices to you via either email or regular mail. SIO may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the services provided by SIO.


5. While it is not SIOís intent to monitor your online communications, SIO reserves the right to edit or remove content of which SIO becomes aware and determines that the content is illegal or is harmful and offensive to the general public. Termination or suspension of your account may result at SIOís discretion if SIO becomes aware of such conduct or material.


6. The integrity of SIOís provision of services relies on proper use of email as a message passing media. The use of the email system, directly or indirectly as a spamming tool, or other than  that for which it is properly intended, is prohibited.


7. SIO may, at any time and from time to time, modify or discontinue, temporarily or permanently, its services (or any part thereof), with or without notice to you.


8. You are required to use the services provided by SIO in a lawful manner.  You are expressly prohibited from using your relationship with SIO to attempt to compromise the security of any networked account, any site or any country. Appropriate legal procedures may be pursued if SIO becomes aware of any of these activities including immediate termination of services by SIO and referral to law enforcement.


9. You have the sole and exclusive knowledge of your passwords and encrypting keys. You have the sole responsibility to make sure your passwords and encrypting keys are kept in a safe and secure place. SIO shall not be liable for any damages (including damages for not being able to restore backup data or the disclosure of confidential information) resulting from loss/corruption/compromise of this key.


10. SIO MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  SIO SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY WHETHER ALLEGED AS RESULTING FROM BREACH OF ANY WARRANTY OR ANY CONTRACT BY SIO OR NEGLIGENCE OF SIO.


11. IT IS UNDERSTOOD THAT SIO IS NOT AN INSURER, THAT INSURANCE, IF ANY, SHALL BE OBTAINED BY YOU AND THAT THE AMOUNTS PAYABLE TO SIO FOR BACK UP SERVICES BEING PROVIDED UNDER THESE TERMS OF USE ARE BASED UPON THE VALUE OF THE SERVICES PROVIDED BY SIO.  THE SCOPE OF LIABILITY HEREIN SET FORTH IS UNRELATED TO THE VALUE OF YOUR INFORMATION FOR WHICH BACK UP SERVICES ARE BEING PROVIDED. 


You expressly understand and agree that SIO shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages suffered by you, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from (1) the use or inability to use services of SIO, (2) unauthorized access to or alteration of your transmissions or data or (3) any other matter relating to the services provided by SIO, including any negligent act attributable to SIO or its agents or employees. SIO assumes no liability for delays or errors in installation of any equipment or for the consequences therefrom, however caused, or for interruptions of service or for the consequences therefrom due to strikes, riots, floods, acts of God or any other causes beyond the control of SIO, and will not be required to supply service to the Client while interruption of service due to any such cause shall continue. By agreeing to these Terms of Use, 


CLIENT RELEASES SIO FROM ANY AND ALL DAMAGE TO PROPERTY OR LOSS OF DATA CAUSED BY A NEGLIGENT ACT OF SIO OR ITS AGENTS OR EMPLOYEES


12. Client acknowledges and agrees that performance of services are based on (1) the availability and reliability of the network and Internet connection provided by Client and Client’s own customers, (2) the availability and reliability of the equipment provided by the Client and Client’s own customers, and (3) the type and amount of data selected for backup by the Client and Client’s own customers, and are not the responsibility of SIO. Client and Client’s own customers are responsible for it’s own data integrity and to ensure all data backed up to SIO is virus free.You acknowledge and agree that performance of backup services are based on the availability and reliability of the Internet connection provided by you and are not the responsibility of SIO. You are responsible for your own data's integrity and to ensure all data backed up to SIO is virus free.


13. Backup Review and Verification:  Client acknowledges and agrees that Client and Client's own customers are responsible for backup, and review of backup logs, and data integrity verification to confirm that Client’s and Client’s own customers backups have been successfully completed and Client further acknowledges that such review and verification is not the responsibility of SIO. Client acknowledges that it has been advised by SIO that, for an additional charge, SIO will agree to perform daily reviews of Client’s backup log and perform random data integrity verification to confirm that backups have been successfully completed.


14. Limitation of Damages: You acknowledge and agree that the fee paid by you for internet backup services is based solely upon the cost of the backup services and not upon the value of the information for which backup services are provided.  You acknowledge and agree that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure on the part of SIO to perform any of its obligations owed to you.  You therefore agree that any damages suffered by you resulting from breach of SIOís contractual obligations to you or proximately caused by SIOís negligence or other fault in performing services, or failing to perform services, shall not exceed  the total of all fees paid by you for services performed by SIO or its agents or affiliates within the twelve month period immediately preceding any alleged breach of contract or other negligence or fault by SIO. You expressly acknowledge that such liquidated damages are not grossly disproportionate to the damages that you, in considering the services to be performed by SIO, could actually sustain through the performance or non-performance of any obligations by SIO to you.


IF YOU DESIRE SIO TO ASSUME GREATER LIABILITY THAN THAT SET FORTH IN THE PRIOR PARAGRAPHS TITLED ìLIMITATIONS OF LIABILITY/RELEASEî, ìEXCLUSION OF WARRANTYî AND ìLIMITATION OF DAMAGESî, SIO IS WILLING TO NEGOTIATE WITH YOU TO INCREASE SIOíS RISK AND POTENTIAL LIABILITY UNDER THIS CONTRACT IN EXCHANGE FOR INCREASING THE AMOUNT PAYABLE BY YOU FOR THE ASSUMPTION BY SIO OF SUCH GREATER LIABILITY.  HOWEVER, ANY SUCH ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED TO HOLD SIO AS AN INSURER


15. Client acknowledges that all marketing materials, software, business practices, operating and pricing techniques and other information provided by SIO are the property of SIO and may be used by Client for the sole and exclusive purpose of performing under this Contract.  Client agrees to never to disclose, use, copy or retain any confidential or proprietary business information or trade secrets belonging to SIO or SIO’s customers.  This includes information about, among other things, SIO’s financial data, market data, software, business practices, pricing techniques, operating techniques, employment and compensation practices and relationships with customers.


16. You agree that your relationship with SIO is to be governed by the laws of the Commonwealth of Kentucky. Any dispute arising from the terms of this Contract, breach of this Contract or other dispute arising from your relationship with SIO related to internet backup services  provided by SIO shall be governed by the laws of the Commonwealth of Kentucky.


17. You agree to submit to binding arbitration any dispute related to the relationship between SIO and you. You further agree that any such arbitration shall be initiated and conducted in Fayette County, Kentucky. You agree that any such arbitration shall be conducted pursuant to the Kentucky Arbitration Act at KRS 417.045 et seq. Further, you agree that any dispute related to the enforceability of this arbitration provision or any dispute otherwise related to your relationship with SIO, to the extent the dispute is, for whatever reason, not subject to binding arbitration as agreed above, shall be filed in the United States District Court, Eastern District of Kentucky, in Lexington, Kentucky or the Fayette Circuit Court in Lexington Kentucky, and those courts systems and forums shall be the exclusive forums to pursue any such action.


18. You agree to pay reasonable attorneys fees and costs incurred by SIO arising from or related to any failure by you to satisfy any obligation, contractual or otherwise, that you owe to SIO.  You further agree to pay reasonable attorney's fees and costs incurred by SIO in any action brought by you against SIO in which SIO is the prevailing party.


19. If any of the provisions of these Terms of Use shall be determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.