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TERMS OF SERVICE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING
DataStor Central PRODUCTS AND SERVICES
This Agreement is between DataStor Central Pty. Ltd.
("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 Use”). 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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