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Terms and conditions
IMPORTANT-READ CAREFULLY:
1. Objective
To create an environment which is conducive to a co-operative relationship between Montana DataSure and the subscriber, and to ensure that a secure, robust and high quality online data backup is maintained throughout the entire service period
To document the responsibilities of all parties taking part in the Agreement
To define in detail the service to be delivered by Montana DataSure and the level of service which can be expected by the subscriber
2. The Service
This section describes the services that are to be delivered to the subscriber by Montana DataSure.
2.1. Backup data to Montana DataSure
To backup data stored inside a computer to Montana DataSure, backup software, Montana DataSure Online Backup Manager (hereinafter, MTDataSureOBM), must be installed on the computer. The subscriber shall install MTDataSureOBM onto all computers that contain data to be backed up and the subscriber will setup MTDataSureOBM to backup the required data to the remote backup center. The subscriber can use the scheduling feature of MTDataSureOBM to schedule backups to run unattended. After MTDataSureOBM has been setup correctly, if the scheduling feature is enabled, MTDataSureOBM will backup a subscriber’s data to the remote backup servers automatically.
2.2. Backup Activities Reporting
For each completed backup job, the backup server will send a backup report, with a detailed listing of all files that have been backed up within the backup job, to the subscriber’s designated point of contact by email. This report will show all unexpected errors encountered during the backup operation. If any error has happened to the backup operation, the subscriber will be notified of this problem in a timely manner and will be able to correct the problem in due course. Also, if a scheduled backup job has not been run as schedule, a missed backup report will be sent to the subscriber’s designated point of contact by email to report this problem.
3. Maintenance
This section outlines maintenance notification procedures to the subscriber by Montana DataSure.
3.1. Scheduled maintenance
Scheduled maintenance shall mean any maintenance performed on the Montana DataSure servers. When scheduled maintenance is to be performed, the subscriber will be notified at least 24 hours in advance. Notice of Scheduled Maintenance will be provided to subscriber's designated email.
Both Montana DataSure and the subscriber are responsible to keep the contact information above up-to-date with the other party.
4 Termination
Montana DataSure or the subscriber may terminate this agreement upon 30 days written notice.
5. Billing Policy
Billing invoices are sent to the subscriber via email on the 5th day of every month. Payment is due on the 20th of each month. Payments more than 14 days over due will incur a 10% service charge. Accounts more than 2 months over due will have all storage data transactions suspended. Upon 30 days there after, if no payment has been received, all of the subscriber’s stored data will be destroyed.
6. Confidentiality
Data stored on Montana DataSure servers is not accessible to any person or persons but the subscriber. Data is accessible only through the use of a password and encryption key held by the subscriber. Therefore Montana DataSure strongly suggests the subscriber protect their password and encryption key. If the password and encryption key are lost, the subscriber will not be able to recover their stored data. Montana DataSure will not disclose any information regarding its subscribers unless required to do so by law.
7. General Terms and Conditions
7.1. Limitation of Liability
Montana DataSure uses two layers of 128-bit encryption, emergency power distribution, redundant server storage arrays, and mirrored data storage facilities located in Billings and Bozeman, Montana. Montana DataSure is insured for any loss of data. If for any reason data is lost or compromised, Montana DataSure is not liable for any loss (whether direct or indirect) of revenue, loss of profits or any loss whatsoever. Liability for data loss is limited to the dollar amount of the sales contract. Montana DataSure offers a satisfaction guarantee limited to the unused prepaid amount. For example, if a subscriber prepays for 24 months of service and becomes dissatisfied during month 20 and desires to discontinue service, 30 days after written request to discontinue service, services will be discontinued and the remaining storage fees will be refunded.
7.2. Lawful Use
The subscriber shall not permit the Leased Data Storage Space to be used for any business or purpose that is unlawful. Because Montana DataSure cannot access any subscriber data stored on its servers, they cannot be held liable for the content the subscriber places there on.
7.3. Affect of Agreement
If any provision of this Agreement is, for any reason, held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof, but this Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein. This Agreement shall be governed by the laws of the State of Montana and jurisdiction for any legal action hereunder shall lie with the courts of the state of Montana.
7.4. Attorney's Fees
In the event that it is necessary for any of the parties hereto to bring any action to enforce the terms and covenants of this Agreement, it is agreed that the prevailing party shall be entitled to reasonable attorney's fees to be set by the court. In the event it is necessary to bring any action to enforce the terms and covenants of this Agreement, such action shall be brought in the District Court of the Eighteenth Judicial District, Gallatin County, Montana.
7.5. Integration
This Agreement constitutes the entire agreement and understanding of the parties hereto pertaining to the subject matter herein contained and supersedes all prior and contemporaneous agreements and understandings of the parties in connection herewith which conflict with the express terms, covenants and conditions of this Agreement. No covenant, representation or condition not expressed in this Agreement shall effect or be effective to interpret, change or restrict the express provisions of this Agreement.
7.6. Force Majeure
Either party hereto shall be excused for the period of any delay in the performance of any obligations herein when such delay is occasioned by cause or causes beyond the control of the party whose performance is so delayed and the time for performance shall automatically be extended for a like period. Such causes include, without limitation, all labor disputes, civil commotion, war, war operations, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations, and controls, fire or other casualty, inability to obtain any necessary materials or services, or acts of God.
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