Terms of Service This Agreement is between DataStor Central ("DataStor Central") and you, as an authorised user of DataStor Central products and services, and governs the terms and conditions of your use of DataStor Central products and services (“Terms of Service”). This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by DataStor Central (collectively, the "Agreement"), constitutes the entire agreement between DataStor Central and you regarding DataStor Central Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. You Must Agree to these Terms of Use to Use DataStor Central Products and Services By using or registering for a DataStor Central Product (defined below), you agree to these terms and conditions ("Terms of Use") and the DataStor Central Privacy Policy. You agree to accept notices electronically. Each time you use a DataStor Central Product, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, you may discontinue using the DataStor Central Products. You cannot use or sign up for DataStor Central Products until you have accepted these Terms of Use. Definition of Terms a. DataStor Central is referred to herein as " DataStor Central" "we," "us," or "our." b. You, as the user, are referred to herein as "you," "user," "subscriber," "client," or "customer." c. DataStor Central Products. For purposes of these Terms of Use, the term " DataStor Central Products" shall mean DataStor Central software (“DataStor Central Software” or “Software”, whether preinstalled, on a medium, or offered by download), DataStor Central services, DataStor Central websites (including, without limitation, www.datastorcentral.com) and all other software, features, tools, websites and services provided by DataStor Central. Modifications to the Terms of Use DataStor Central may change the Terms of Use at any time, without notice to you, and in its sole discretion. The modified Terms of Use will be effective immediately upon posting on our website and you agree to the new posted Terms of Use by continuing your use of the DataStor Central Products. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using DataStor Central Products and cancel your registration. Requirements for Use or Registration of DataStor Central Products The DataStor Central Products are intended for general consumer use. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Use. DataStor Central Products may require the user to register and provide certain personal information to DataStor Central, such as name, e-mail address, billing address (the "Personal Information"). If you register for any DataStor Central Product, you agree to provide accurate and complete Personal Information and you agree to keep such information current. Registered User Information The Privacy Policy explains how DataStor Central collects and uses Personal Information. You consent to DataStor Central’s use of your Personal Information under the terms of the Privacy Policy. Lawful Use of DataStor Central Products You may use DataStor Central Products for lawful purposes only. Description of DataStor Central Products DataStor Central is in the business of providing Internet-based backup products and services, the DataStor Central Products. We want you to have the best possible experience in dealing with DataStor Central and using DataStor Central Products. DataStor Central offers the DataStor Central Products through its website www.datastorcentral.com and through its partners and other vendors. Changes to the Service DataStor Central has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the DataStor Central Products including, but not limited to, the software, hours of availability, equipment needed for access or use either cumulatively or for any particular service or the availability of DataStor Central Products on any particular device or communications service. DataStor Central has no obligation to provide you with notice of any such changes. DataStor Central License to You DataStor Central grants you a personal, non-exclusive, non-transferable limited license to install the software and services distributed by DataStor Central in object code form on any computer or device from which you wish to access the DataStor Central service for the sole and exclusive purposes of connecting to and using the DataStor Central Products in accordance with these Terms of Use. You may not sub-license, or charge others to use or access the DataStor Central Service. DataStor Central occasionally will provide upgrades to improve your DataStor Central experience, although these upgrades may not be consistent across all platform and devices. These upgrades may be automatic and you agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services. You may not sell, assign, grant a security interest in or otherwise transfer any right in the Software or incorporate it (or any portion of it) into another product. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Software. You may not modify the Software or use it in any way not expressly authorized by these Terms of Use. You may not obtain the communications protocol for accessing the DataStor Central service, the DataStor Central Products, or any other DataStor Central services. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that DataStor Central’s introduction of various technologies may not be consistent across all platforms and that the performance and features offered by DataStor Central may vary depending on your computer and other equipment. Restrictions on Access to or Use of DataStor Central Products You may access DataStor Central Products only through the interfaces and protocols provided or authorized by DataStor Central. You agree that you will not access DataStor Central Products through unauthorized means, such as unlicensed software clients. Communications You are responsible for obtaining your own Internet access, such as maintaining all telephone, computer hardware and other equipment needed for access to and use of the DataStor Central Products, and all charges related thereto. Any telephone or other communications charges incurred by you to access DataStor Central are your responsibility. Refund Policy Prior to purchasing DataStor Central Products, you are advised to take advantage of a free trial, where available. If, after you have signed up for a paid account, you are unsatisfied with the service, you may cancel the service. Upon cancellation you will be billed any applicable excess storage or transfer charges incurred between the last billing and cancellation date. Export Policy You may use DataStor Central Products and Services in any country. Termination and Fair Use Policy for Trial Users DataStor Central may provide free trials (“Free Trial”, or “Trial”) of some of the DataStor Central Products as an accommodation to you, and reserves the right to terminate your Free Trial at anytime without notice. The Free Trial and all software associated with it is for PERSONAL, NON-COMMERCIAL USE ONLY, AND EACH CUSTOMER IS LIMITED TO ONE (1) FREE TRIAL. If you intend to use DataStor Central Products for commercial use, or you or your company desire more than one (1) Free Trial account, then you must, and you agree to, upgrade to a paid service. YOU UNDERSTAND THAT THE FREE TRIAL SERVICE IS SUBJECT TO DATASTOR CENTRAL'S "TERMINATION AND FAIR USE POLICY FOR TRIAL USERS”. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN THE TRIAL PERIOD, YOUR USAGE EXCEEDS THE LEVEL OF USAGE SET OUT FOR THE FOR THE TRIAL PERIOD BY DATASTOR CENTRAL'S. FOR PURPOSES OF THIS POLICY, "USAGE" MEANS THE TOTAL AMOUNT OF BANDWIDTH OR STORAGE REQUIREMENTS GENERATED BY BACKING UP YOUR COMPUTER, AS DETERMINED BY US IN OUR SOLE DISCRETION. IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, DataStor Central WILL ATTEMPT TO NOTIFY YOU OF THE VIOLATION VIA EMAIL AND OFFER TO UPGRADE YOU TO A PAID SUBSCRIPTION SERVICE. IF YOU ELECT NOT TO UPGRADE, YOUR ACCOUNT WILL BE TERMINATED. ANY FAILURE BY DATASTOR CENTRAL TO ENFORCE THIS POLICY WILL NOT PRECLUDE US FROM ENFORCING IT AT ANYTIME IN THE FUTURE, WHETHER FOR PAST OR CURRENT VIOLATIONS. Disclaimer of Warranty; Limitation of Liability DISCLAIMER OF WARRANTIES. YOUR USE OF DATASTOR CENTRAL PRODUCTS AND SOFTWARE IS AT YOUR SOLE RISK. THE DATASTOR CENTRAL PRODUCTS AND SOFTWARE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, DATASTOR CENTRAL AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE DATASTOR CENTRAL PRODUCTS AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. DATASTOR CENTRAL AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DataStor Central PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE DATASTOR CENTRAL PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DataStor Central PRODUCTS AND SOFTWARE WILL BE CORRECTED. DATASTOR CENTRAL AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE DataStor Central PRODUCTS, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. DATASTOR CENTRAL PROVIDES THE DATASTOR CENTRAL PRODUCTS AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE DataStor Central PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT DATASTOR CENTRAL WILL HAVE ADEQUATE CAPACITY FOR THE DATASTOR CENTRAL PRODUCTS AS A WHOLE. LIMITATION OF LIABILITY. DATASTOR CENTRAL'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH DATASTOR CENTRAL (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOFTWARE OR DATASTOR CENTRAL PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE DATASTOR CENTRAL PRODUCTS AND SOFTWARE. DATASTOR CENTRAL AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE DATASTOR CENTRAL PRODUCTS, SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH DATASTOR CENTRAL PRODUCTS AND SOFTWARE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF DATASTOR CENTRAL HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DATASTOR CENTRAL AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Indemnification You agree to defend, indemnify and hold harmless DataStor Central, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the DataStor Central Products. DataStor Central reserves the right, at its own expense and in its sole discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for DataStor Central in that matter. Trademarks All trademarks appearing on the DataStor Central Products are the property of their respective owners, including, without limitation, DataStor Central. Miscellaneous The provisions of these Terms of Use addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property and governing law shall survive the termination of these Terms of Use and your registration with the DataStor Central Products.

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