SecureNet Data Storage 9.4

NOTICE: BEFORE YOU CLICK ON THE "YES" BUTTON DURING INSTALLATION, CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT") WHICH SETS FORTH TERMS FOR THE USE OF THE SERVICE AND THE CANCELLATION OF SERVICES PROVIDED TO YOU BY SECURENET DATA STORAGE. YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE FOLLOWING AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE AGREEMENT, CLICK THE "NO" BUTTON AND DO NOT USE THE SOFTWARE. NOTE: BY INSTALLING, ACCESSING OR OTHERWISE USING THE SOFTWARE AND SERVICE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

NOTICE: BEFORE YOU CLICK ON THE "YES" BUTTON DURING INSTALLATION, CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT") WHICH SETS FORTH TERMS FOR THE USE OF THE SERVICE AND THE CANCELLATION OF SERVICES PROVIDED TO YOU BY SECURENET DATA STORAGE. YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE FOLLOWING AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE AGREEMENT, CLICK THE "NO" BUTTON AND DO NOT USE THE SOFTWARE. NOTE: BY INSTALLING, ACCESSING OR OTHERWISE USING THE SOFTWARE AND SERVICE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

You may use the service free during a 15 day trial period beginning the date the first backup is performed. If you wish to cancel your service, you must contact us before your free trial period ends so we can delete your backup files before you incur any charges. Otherwise, your paid service will automatically begin, whether or not backups are being performed.

IT IS YOUR RESPONSIBILITY TO STORE OR WRITE DOWN THE PASSWORD AND ENCRYPTION KEY CHOSEN DURING INSTALLATION AND REGISTRATION. WITHOUT THE PASSWORD AND ENCRYPTION KEY, THE STORED DATA WILL REMAIN ENCRYPTED AND CAN NOT BE RETRIEVED.

DUE TO THE NATURE OF BACKUP SERVICE, IT IS RECOMMENDED THAT YOU PERFORM PERIODIC TEST RESTORES TO FAMILIARIZE YOURSELF WITH THE FEATURES OF THE SOFTWARE BEFORE AN EMERGENCY SITUATION ARISES.

TERMS AND CONDITIONS

BACKUP SERVICE: Use of this Service (the "Service") consists of the right of a subscriber of the Service ("Customer") to electronically transmit and store computer data using either a private data communications network, or the Internet into a location maintained by SecureNet Data Storage.com ("SecureNet") and to retrieve said data should they be required. The Service is made available by SecureNet to Customer during the period Customer maintains a paid subscription to the Service. Customer understands that it is the sole responsibility of Customer to perform or schedule data backups using the SecureNet software, and verify that the backups are completed successfully. In order for SecureNet to protect Customer’s files, they must be selected as part of the backup set, and Customer must use the Service to perform backups.

Customer shall not use the Service for storage, possession or transmission of any information, the possession, creation or transmission of which violates any state, local or federal law, including without limitation, stolen materials, obscene materials or child pornography.

PAYMENT: Customer agrees to pay SecureNet, the fees and charges incurred at the rates in effect for the billing period in which those charges are incurred. If paying by credit card or bank draft, Customer shall maintain a current authorization for SecureNet to debit Customer's credit card or bank account for such amounts. In addition, Customer shall provide SecureNet a current street address and Internet e-mail address for future communications and shall notify SecureNet of any change of address. Customer shall pay all applicable taxes related to use of the Service by Customer or Customer's designated users. For situations where the Customer's financial institution has been notified of a payment dispute, said Customer agrees that proof of Service usage by Customer constitutes Customer authorization to submit payment request to financial institution. SecureNet may, in addition, at its sole discretion and without notice to the Customer, (a) suspend its performance under this Agreement and deny Customer's and Customer's designated users' access to and use of the Service until Customer is back in good standing, or (b) terminate this Agreement and Customer's and Customer's designated users' access to and the use of the Service. Further, SecureNet may cancel the Service to Customer without cause upon 30 days prior written notice. Customer must provide SecureNet with written notice of Customer's intent to terminate use of the Service. At the time of cancellation, the Customer’s access to any of Customer’s data stored by the Service may be permanently terminated.

All amounts are due within 30 days of invoice. If Customer is late with any payment, SecureNet, if allowed by law, can charge Customer a late fee of $5 on any late payment. If Customer is late with any payment, SecureNet can also charge Customer interest up to the highest rate allowed by law. In addition, the Customer agrees to pay SecureNet $20 any time its payment is returned to SecureNet, whether for lack of funds or otherwise. Also, Customer agrees to pay SecureNet actual collection costs, including attorneys’ fees, and a reasonable reconnect fee.

TERM OF AGREEMENT: Customer may use the service free during a 15 day trial period beginning the date the first backup is performed. If Customer wishes to cancel, Customer must inform SecureNet within the 15 day trial period or charges will be incurred.

This Agreement shall be automatically renewable for the same term as the original agreement unless either party shall notify the other in writing of the intent to cancel, 30 days prior to the expiration. In the event of renewal, the Customer shall continue to pay the same amounts, subject to any increases in rates as specified below. If SecureNet does not receive a request for service termination, Customer acknowledges and understands that SecureNet will continue to charge Customer for service as long as the account remains active regardless of whether the service is used or not.

DISPOSITION OF DATA UPON TERMINATION: Customer understands that all data stored by SecureNet under this Agreement shall be deleted on or after 7 days following the termination date of the agreement (the "Termination Period"). Customer must inform SecureNet in writing prior to the expiration of the Termination Period if Customer wishes to (a) receive a copy of Customer’s stored data ("data copy"), OR (b) have SecureNet immediately delete all stored data whereupon such data will no longer be recoverable. Fees required to obtain copies of Customer’s stored Data are described in this Agreement. Customer’s Data will be kept confidential at all times subject to the terms of this Agreement. If SecureNet does not receive a written request for a data copy in writing to the address listed below under "Customer contact information," Customer acknowledges and understands that SecureNet may destroy all of Customer’s data files immediately on the expiration of the Termination Period with no liability to Customer whatsoever. By using the Service, Customer is agreeing to release SecureNet from any and all liability, claims and damages due to lost data whether or not Customer requests a data copy.

DEFAULT AND TERMINATION: Customer’s rights under this Agreement will terminate automatically without notice from SecureNet if Customer fails to comply with any term(s) of this agreement.

This Agreement may be terminated by either party for breach of contract of the other party, provided written notice of such breach is given and such breach is not cured within 30 days of receipt of such notice. Upon the curing of such breach of contract, the party claiming such breach shall give written notice that the breach has been cured and that the Agreement continues in full force and duration. This Agreement may also be terminated upon notice of SecureNet, in the event SecureNet computer equipment, communication circuits, or other equipment are destroyed by fire, other catastrophe, or by any other means or is so substantially damaged that it is impractical to continue the service to the Customer. This Agreement may also be terminated upon 30 day written notice of the Customer.

INCREASES IN SERVICE FEES: Notwithstanding the terms and conditions set forth herein, after the expiration of the initial term of this Agreement, SecureNet may, at any time, increase the fees and charges. In event Customer shall be unwilling to pay the increased monthly charge, the Customer may terminate this Agreement upon giving notice in writing to SecureNet. Failure to notify SecureNet will constitute Customer's consent to the increase and all other terms and conditions of the Agreement shall remain in full force and effect.

THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS. SecureNet has not made and makes no guarantee or warranty, including implied warranty or merchantability or fitness, that the system, equipment, or services supplied will avert, avoid or prevent the loss of data or information or the consequences therefrom, which the system or service is designed to provide. It is mutually understood and agreed that in executing this Agreement, Customer is not relying on any advice or advertisement of SecureNet.

Customer agrees that any representation, promise, condition, inducement or warranty, express or implied, including those of merchantability and fitness, not included in writing in this Agreement shall not be binding upon any "party." The Customer assumes all risk for loss or damage to the Customer's equipment and data files except as specified herein.

COMPLETE AGREEMENT: This is a complete agreement. Any representation, promise, condition, inducement or warranty, express or implied, verbal or written, unless expressed in writing in this Agreement or any Addendum thereto, shall not bind either party and the terms and conditions hereof apply as printed without alteration or qualification except as specifically endorsed thereon in writing. A judicial determination nullifying any clause or condition herein shall not be deemed to nullify the balance of this Agreement, which shall remain in full force and effect.

EXCLUSIVE REMEDY: CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER SecureNet NOR ANY OF ITS LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR SecureNet OR ANY OF ITS LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER SecureNet NOR ANYONE ELSE INVOLVED IN CREATING, DELIVERING OR MAINTAINING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. IN NO EVENT WILL SecureNet’s LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS PAID BY CUSTOMER, IF ANY, FOR THE SERVICE FOR THE TWELVE MONTH PERIOD PRECEDING THE EVENT FORMING THE BASIS OF THE CLAIM.

COMMUNICATIONS CIRCUITS: Customer is responsible for the cost and maintenance of all telephone or other communication circuits required for dutiful transmission and system access. All data files are transmitted over communication company circuits, which are wholly beyond the control and jurisdiction of SecureNet and are maintained by the Communications Company. If these communication circuits are not functional for any reason, the data files may not accurately or completely reach SecureNet facility or equipment. SecureNet cannot be responsible for the continued operation or neither functioning of these communication circuits nor the reliability of the data files being received over them.

WARRANTY OF CUSTOMER: The individual accepting this Agreement for the Customer warrants that the individual has the authority to accept this Agreement as well as the authority to contract for the services provided herein.

PASSWORD SECURITY: It is the FULL responsibility of Customer to store or write down the password and encryption key that Customer chose during initial installation of service. Customer is solely responsible for maintaining the confidentiality of passwords, including restricting the use of the password by Customer’s designated users. Customer shall be responsible for all use of the Service accessed through Customer’s password.

SecureNet will not be held responsible of loss of password or encryption key and does NOT maintain client passwords or encryption keys. Customer understands that without the password and encryption key, the stored data will remain encrypted and inaccessible, and Customer shall not hold SecureNet responsible in any way for any losses of any kind whatsoever.

This agreement is governed by the law of the State of Kansas applicable to agreements made and performed in Kansas.

SecureNet may make copies of all files stored as part of the back up and recovery of servers utilized in connection with some of the Services. SecureNet is not obligated to archive such copies and will utilize them only for backup purposes. They will not be accessible to Customer.

CUSTOMER CONTACT INFORMATION: To request a Data Copy or terminate service, please contact SecureNet Data Storage Support by calling 800-561-0067, in writing by electronic-mail at info@securenetdatastorage.com, or by U.S. Mail to SecureNet, Inc., 10501 Hampton Lakes Rd., Maize KS 67101. Each Data Copy stored on a disk or tape is a minimum of $19.95 per CD or tape cartridge. Additional shipping and handling fees may apply.