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File Backup is a complete turnkey service, enabling high quality, offsite protection services for digital files and data. Pricing is annual and based on the amount of data you want to protect. Choose the appropriate service plan that meets your needs. This managed storage service includes all offsite infrastructure hardware, the File Backup software, infrastructure maintenance, support and 7x24 remote monitoring. 1.0 Service Description. The Service is a computer file backup and restore service that allows users to back up and store electronic data from a designated computer offsite on a periodic basis so that Customer can later restore a designated copy of the data, so long as Customer continues to subscribe to the Service. 2.0 Use of Service. Subject to these terms and conditions and Customer’s payment of the fees for the Service set forth herein, Customer may use the Service to back up data on one Designated Computer in accordance with any documentation for the Service provided by FileBackup.Net. Customer may not transfer Customer’s rights or obligations under these terms and conditions to any other party. Customer receives no title or right of ownership in or to any software or other materials provided to Customer in connection with the Service. All title, including but not limited to copyrights and patent rights, in and to the Service and any software or other materials related to the Service are owned by FileBackup.Net or its affiliates, licensors, or suppliers. All rights not expressly granted are reserved by FileBackup.Net and its affiliates, licensors, and suppliers. . 3.0 Free Trial. Customer may download and use the File Backup service for 15 days under a free, no obligation trial. 4.0 Fees and Charges. After the 15th day of use of your free trial, you will be prompted to input a valid credit card number to continue use of the service. 5.0 LIMITATIONS OF LIABILITY. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FILEBACKUP.NET AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS WILL NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FILEBACKUP.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE AND/OR SOFTWARE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE AND/ OR SOFTWARE; (e) FAILURE TO INSURE THE COMPATIBILITY OF CUSTOMER’S SYSTEM (I.E., THE EQUIPMENT, DEVICES, AND SOFTWARE THAT CUSTOMER PROVIDE TO RECEIVE THE SERVICE) WITH THE SERVICE AND/OR SOFTWARE, OR (f) ANY OTHER MATTER RELATING TO THE SERVICE, SOFTWARE AND/OR THESE TERMS OF SERVICE.
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