Provision of service
Subject to Pro-Net's acceptance of your registration and your compliance with the terms and conditions of this Agreement, Pro-Net will establish an online storage and online backup account in your name on the MonsterBackup servers (the "Account"); In Your use of the Service, you are responsible for providing the following: (a) all equipment, such as a computer and modem, necessary to access the Internet; (b) Your own access to the internet; and (c) payment of all telephone or other fees associated with such access.
- Conditions of use
You are solely responsible for the content of all data you store or retrieve from, or attempt to store or retrieve from your Account and for all transmissions by you from and to your Account. You will: (a) not use the Service for any illegal purposes; (b) not use the Service to store, retrieve, transmit or view any file, data, image or program that contains: (i) any illegal pictures, materials or information; (ii) any harassing, libellous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material of any kind or nature; (iii) any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation; (iv) any code or material that violates the intellectual property rights of others; (v) any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features; (c) not use the Service for any spamming, chain letters or other use that may otherwise disrupt the Service or the networks through which you access and use the Service; (d) comply with all regulations, policies and procedures of networks through which you access and use the Service; and (e) not access or attempt to access any Service account for which you have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account.(f) not use sharing features in a way that amounts to 'publishing' and restrict the use of sharing features to share data between friends, colleagues and business partners.
- Registration information
You will promptly notify Pro-Net of any change in the information you provided on the order form (including, without limitation, any change in your mailing address, telephone numbers or email address). You authorise a recurring monthly, quarterly or annual charge in exchange for use of the MonsterBackup service as indicated by published standard plans or a customized quote provided for your specific use. You also agree that the enrolment for the next service period is automatic. MonsterBackup may allow for use of storage space beyond the specified plan limit chosen by the user. This is designed to allow for uninterrupted backups, in case the usage exceeds the quota limits. Users will be intimated immediately via email on such occurrences to reduce the storage to the specified limit, or to upgrade their accounts. In case of non-action by the user after repeated emails over a period of time, the account may be automatically upgraded to the next higher plan to accommodate the increased storage.
- Account and password
After you accept this Agreement and your order has been accepted by Pro-Net, you will receive a username and password, on activation of which your Account will be established. You are solely responsible for any consequences arising out of your failure to maintain the confidentiality of your Password. You will notify Pro-Net of any unauthorized use or other breach in security of your Account immediately after you learn of the same.
- Security of stored data and files
Pro-Net will endeavour to restrict access to the data and files you store or retrieve from your Account to persons accessing such data and files through use of your Account or Password. However, no password-protected system of data storage and retrieval can be made entirely impenetrable. Accordingly, You hereby acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify and distribute the data and files you store in your Account.
- Content of stored data and files
You are solely responsible for (a) obtaining sufficient rights to the content of all data and files stored by you on Pro-Net's servers and (b) ensuring that such content does not include any of the items listed in paragraph 2(b) above. Pro-Net normally does not review, inspect, edit or monitor any content, data or files stored by you or any other user of the Service, including, without limitation, for viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. However, if Pro-Net has suspicion that an account is being used for storage and distribution of any illegal material such as copy-righted content, Pro-Net reserves the right to examine the content of the online storage and backup account. Pro-Net reserves the right to refuse, remove or disable access to any data or files stored on Pro-Net's servers with immediate effect that Pro-Net learns may be illegal, may violate the terms of paragraph 2 above, may violate the rights of any third party or otherwise may be reasonably objectionable.
- Disclaimer of warranties
The transmission, storage, viewing and retrieval of data and files through the Internet is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRO-NET, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). PLEASE NOTE THAT YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. PRO-NET MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.
- Limitations and liabilities
IN NO EVENT SHALL PRO-NET OR ITS ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN.
You will defend, indemnify and hold Pro-Net, its subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable fees and costs, made by any third party due to or arising out of (a) your use of Your Account and the Service, (b) any data files and content stored by You in Your Account and otherwise on the Pro-Net servers and (c) any violation of this Agreement by you.
Either you or Pro-Net may terminate this Agreement with or without cause at any time by giving notice of such termination to the other in the manner described in paragraph 11 below. Further, if Pro-Net believes that you have violated Your obligations under this Agreement, Pro-Net may, at its option and in addition to its other remedies, immediately and without notice, suspend your Account, remove and destroy data and files stored by you on Pro-Net's servers and/or terminate this Agreement. Pro-Net will not be liable to you or any third party for any suspension or termination of your Account or the Service. Should you object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately: (a) discontinue use of the Service; (b) terminate this Agreement; and (c) notify Pro-Net of such termination. Upon any termination of this Agreement, you will cease use of the Service and, within five (5) days after the effective date of such termination, remove all of your stored data files from the Pro-Net servers. Pro-Net may destroy any of your stored data files that are not removed from Pro-Net's servers within such five (5)-day period. Paragraphs 7,8, 9, 10, 11, 12, 13 and 14 of this Agreement (and any other provision that can be reasonably construed to survive termination) will survive termination of this Agreement.
Any notice under this Agreement given by Pro-Net to you will be deemed to be properly given if sent by email to your email address as set forth on the order form Information, or by written communication mailed by first class mail to your address on record on the order form information. It is important that you maintain a correct working email id and update it if necessary to be able to receive Pro-Net's communication. Any notice under this Agreement given by you to Pro-Net will be deemed to be properly given if received by email sent to Pro-Net's Customer Service at firstname.lastname@example.org
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
- Modifications to this agreement
The terms and conditions of this Agreement may be changed by Pro-Net from time to time. Upon any such change, Pro-Net will notify you of such change in accordance with paragraph 11 above. Your use of any Services after such notification will constitute your acceptance of such changed terms and conditions.
Your right to use the Service is personal to you, and you will not assign any of your rights, obligations or interest in this Agreement or your Account. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. Pro-Net's failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. Neither party shall be liable for any breach of this Agreement due to any cause beyond its reasonable control including but not limited to acts of God, inclement weather, flood, lightning or fire, industrial action, act or omission of Government, or other competent authority, riot, war or act or omission of any other party for whom that party is not responsible. This Agreement is governed by and shall be construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English Courts. This Agreement (as amended from time to time) together with any document expressly referred to in any of its terms represents the entire agreement between the parties in respect of its subject matter and supersedes and replaces any prior written or oral agreements, representations, undertakings or understandings between them in respect of such matter. No oral explanation or oral information given by any party shall alter the interpretation of this Agreement. You confirm that in agreeing to enter into this Agreement you have not relied on any representation save insofar as the same has expressly been made a representation in this Agreement and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of this Agreement save that your agreement contained in this clause shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of this Agreement.