DATA BACKUP SERVICES
The terms of this Section apply to the Web Agency Group LLC data
backup and cloud service (the “Service”).
1. Description
of Service.
A. The Service provides you with the ability to
store and retrieve data from your computer or network and also allows you to
send and receive stored files via the Internet.
B. Your right to use the Service is personal to
you. You agree not to resell or make any unauthorized commercial use of the
Service, without the express consent of Web Agency Group LLC.
C. You acknowledge and agree that Web Agency Group LLC
assumes no responsibility whatsoever for the deletion of or failure to store or
restore data.
2. User
Conduct.
A. You acknowledge and agree that
all information, data, text, software, music, sound, photographs, graphics,
video,any files, documents,messages or other materials (“Content”), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not Web Agency Group LLC, are
entirely responsible for all Content that you upload, post,back up or otherwise
transmit via the Service.
B. Web Agency Group LLC does not endorse or control
the Content transmitted or posted via the Services and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that by
using the Service, you may be exposed to Content that is offensive, indecent or
objectionable. Your use of the Service is subject to all applicable local,
state, national and international laws and regulations. You agree to comply
with all United States, and Canadian laws regarding the transmission of
technical data exported from the United States, and Canada through the Service
and with all regulations, policies and procedures of networks connected to the
Service. The Service makes use of the Internet to send and receive certain
messages, and therefore, your conduct is subject to Internet regulations,
policies and procedures. You agree not to use the Service to violate this
Agreement, the Acceptable Use Policy, or to otherwise engage in or assist or
encourage others to engage in improper, questionable, infringing, illegal,
harassing or abusive conduct, including, without limitation, using the Service
to:
<![if !supportLists]>• <![endif]>upload, post or otherwise transmit
any Content that is deemed unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy,
hateful, or racially, ethnically or otherwise objectionable, in our sole
discretion;
<![if !supportLists]>• <![endif]>harm minors in any way;
<![if !supportLists]>• <![endif]>impersonate any person or entity,
including, but not limited to, a Web Agency Group LLC official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with a person or
entity;
<![if !supportLists]>• <![endif]>forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted through
the Services or develop restricted or password-only access pages, or hidden
pages or images (those not linked to from another accessible page);
<![if !supportLists]>• <![endif]>upload, post or otherwise transmit
any Content that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
<![if !supportLists]>• <![endif]>upload, post or otherwise transmit
any Content that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party;
<![if !supportLists]>• <![endif]>upload, post or otherwise transmit
any unsolicited or unauthorized advertising, promotional materials, junk mail,
spam, chain letters, pyramid schemes, or any other form of solicitation, except
in those areas of the Service that are designated for such purpose;
<![if !supportLists]>• <![endif]>upload, post or otherwise transmit
any material that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
<![if !supportLists]>• <![endif]>disrupt the normal flow of dialogue,
cause a screen to scroll faster than other users of the Services are able to
type, or otherwise act in a manner that negatively affects other users’ ability
to engage in real time exchanges;
<![if !supportLists]>• <![endif]>interfere with or disrupt the
Services or servers or networks connected to the Services, or disobey any
requirements, procedures, policies or regulations of networks connected to the
Services;
<![if !supportLists]>• <![endif]>intentionally or unintentionally
violate any applicable local, state, national or international law, including,
but not limited to, the CAN SPAM Act and any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
<![if !supportLists]>• <![endif]> “stalk” or otherwise harass another;
<![if !supportLists]>• <![endif]>collect or store personal data about
other users; or
<![if !supportLists]>• <![endif]>promote or provide instructional
information about illegal activities, promote physical harm or injury against
any group or individual, or promote any act of cruelty to animals. This may
include, but is not limited to, providing instructions on how to assemble
bombs, grenades and other weapons, and creating “Crush” sites.
3. Termination.
A. Notwithstanding anything to the
contrary contained in the Services Agreement, you acknowledge and agree that Web Agency Group LLC or
its selected contractors (if any), each in its sole discretion, may immediately
terminate your Service, without notice to you, if your conduct is found to be
unlawful, inconsistent with, or in violation of, the letter or spirit of this
Agreement or the Acceptable Use Policy, including, without limitation, for
nonpayment. In addition, either you or Web Agency Group LLC may terminate the Service
with or without cause at any time and effective immediately upon notice of
termination. Your notice of termination to Web Agency Group LLC must be in writing. Web Agency Group LLC
shall not be liable to you or any third party for termination of the Service.
B. Furthermore, should you object
to any terms and conditions of the Agreement or any subsequent modifications
thereto or become dissatisfied with the Service in any way, your only recourse
is to immediately: (i) discontinue use of the Service; (ii) terminate your
Service membership; and (iii) notify Web Agency Group LLC of termination. Upon termination of the Service,
your right to use the Service and any related software immediately ceases. You
shall have no right and Web
Agency Group LLC will have no obligation thereafter to store or backup
any of your data or forward any unread or unsent messages to you or any third
party, and Web Agency
Group LLC shall have the right to delete any such data.