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Print your Encryption Key. We do not keep records of this information and
cannot access your data without it.
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Remote Data Backup Storage Agreement / End User Agreement
READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT") WHICH SETS FORTH TERMS
FOR THE USE OF THE SOFTWARE AND THE CANCELLATION OF SERVICES PROVIDED TO YOU ("The
Client") BY APT BACKUP SERVICES. YOU ARE CONSENTING TO BE BOUND BY AND ARE
BECOMING A PARTY TO THE FOLLOWING AGREEMENT. DUE TO THE NATURE OF BACKUP SERVICE,
IT IS RECOMMENDED THAT YOU ALLOW APT STAFF TO, OR YOU YOURSELF, PERFORM OCCASIONAL
TEST RESTORES. APT BACKUP SERVICE IS A SERVICE PROVIDED BY AUTOMATED PC TECHNOLOGIES,
INC (REFERRED TO AS APT IN THIS AGREEMENT) USING THIRD PARTY SOFTWARE AND ISP
VENDORS. THEREFORE SERVICES CANNOT BE GUARANTEED BY APT.
Subject to the terms of this Agreement, Automated PC Technologies, Inc. Internet
Backup ("APT BACKUP SERVICE"). grants to you, the user, a personal,
non-exclusive, non-sublicensable and non-commercial limited license to install
and use software and services. Non-commercial means that you cannot charge other
people to use the Service, nor may you charge them for work you do on their behalf
if it involves use of the Service.
BILLING, TERM AND TERMINATION.
This Agreement is effective for the period of services purchased by the client
(monthly or yearly). Billing is pre-paid by the client on or after the Effective
(Date that software is installed and executed). Billing will recur during the
period (yearly or monthly) thereafter. There are no refunds pro-rated or otherwise
after billing has commenced. THERE ARE ADDITIONAL TERMINATION PROVISIONS SET FORTH
BELOW WHICH AFFECT YOUR RIGHTS AND ABILITY TO OBTAIN A COPY OF YOUR DATA. PLEASE
READ THEM.
CONFIDENTIALITY.
APT will use reasonable efforts to prevent the unauthorized disclosure of your
confidential information and data. APT will not seek to decrypt your data. APT,
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 APT is served a subpoena or is otherwise
legally compelled to provide access to your data, APT will provide you with notice
of the same as soon as practical to enable you to take action you deem necessary
to prevent any such access.
CONTROLLING LAW AND SEVERABILITY.
This Agreement shall be governed by the laws of the United States and the State
of Georgia without regard to conflicts of laws and 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.
LIABILITY LIMITATION.
IN NO EVENT, INCLUDING INADVERTANT NEGLIGENCE, SHALL APT SERVICE, OR ITS SUPPLIERS,
BE LIABLE FOR THE COST REPLACEMENT 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). IN NO EVENT SHALL APT BE LIABLE FOR ANY OTHER DAMAGES
OR LOSSES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SERVICE. THIS APPLIES
EVEN IF APT BACKUP SERVICE HAS 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. IN ANY CASE THAT CONSEQUENTIAL DAMAGE
LIABILTY IS NOT ALLOWED YOU AGREE TO AND UNDERSTAND THAT IN NO EVENT SHALL APT
TOTAL LIABILITY TO YOU EXCEED THE SERVICE FEES CHARGED TO YOU. THE FOREGOING PROVISIONS
SHALL BE ENFORECEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.
FORCE MAJEURE.
APT shall not be liable for nonperformance, delay, errors, data loss or other
loss caused by any event reasonably beyond APT control including, but not limited
to acts of God, war, hostilities, revolution, civil disorder, national emergency,
strikes, lockouts, unavailability of supplies, 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.
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 APT BACKUP SERVICE UNDER
THE TERMS OF THIS LICENSE AGREEMENT.
DISPOSITION OF DATA ON TERMINATION.
The services provided to The Client by APT may be terminated under the Section
titled "LIABILITY LIMITATIONS" above. The Client understands that all
data stored by APT BACKUP SERVICE under this Agreement shall be deleted within
30 days from the termination date of the agreement. You must inform us by fax
to (679) 819-5534 or by e-mail to: INFO@automatedpc.com if the Client wishes terminate
this agreement and have APT BACKUP SERVICE IMMEDIATELY DELETE ALL STORED DATA
WHEREUPON SUCH DATA WILL NO LONGER BE ACCESSIBLE TO YOU AND APT BACKUP SERVICE.
Your Data may be kept confidential at all times subject to the terms of this Agreement
and the License Agreement.