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Accept I Do Not Accept Back to the Start	Please Read the Following Terms and Conditions * Archivalo User Agreement * This Agreement governs your use of the Archivalo system and your relationship with Archivalo. Please review the Agreement to your satisfaction. If it is acceptable, please click the "Accept" button below. We are not willing to proceed with this relationship if the Agreement is not acceptable to you. 1. Generally. Archivalo provides remote virtual storage facilities via the Internet for users of personal computers. This Agreement is designed to allow you to make normal use of Archivalo system, while prohibiting certain conduct that is detrimental to the system or other users. (a) What You Can Do. . . Once you have registered an account with Archivalo, you may access and use the features of the system to upload your files into the storage area of the system and to download or retrieve your files from the system. You may operate other features of the system in a normal manner according to the directions provided at the Archivalo site. (b) What You May Not Do. . . Do not circumvent system security, user passwords or interfere with normal operation of the system; Do not access or attempt to access files that are not stored in your own account or which you are authorized to share. Do not upload files to the system unless you own or have requisite rights to those files. Do not upload, retrieve or transmit any files through the system that infringe the rights of any other person or which a reasonable person would consider abusive, profane or offensive, which are defamatory or harassing, or which violate or encourages others to violate this Agreement or any applicable law. *Do not impersonate Archivalo personnel or request passwords or credit card information of any other user. 2. Privacy Policy. (a) File Encryption. You are free to encrypt your files before storing them on the Archivalo system in order to provide security under your direct control. You may use your own legally permissible encryption tools for this purpose. Archivalo may also offer optional encryption services at an additional price. (b) Stored Files. It is Archivalo's policy to use its best efforts to respect the privacy of files and other content stored in the private areas of the Archivalo system and to regulate access to shared and public files according to usage parameters set by you. Archivalo will not intentionally deliver the content of your files to anyone other than the addressee, authorized recipients or to those who provide forwarding or delivery services, without the consent of the sender, the recipient or as required by law. Archivalo may rely on the purported identity of a user of your account and usage parameters set by such user, unless it has actual timely notice of improper use. Archivalo reserves the right, but does not assume the responsibility, to examine files stored on the system if it reasonably believes you or another user have violated this Agreement, any applicable law or if disclosure is required by court order or law enforcement authorities. Archivalo may move to offline storage or delete files stored in accounts that are inactive for a period of more than six (6) months. (c) Registration Information. Archivalo may use personal credit card information supplied during any future registration process solely to set up future optional upgrade services and bill authorized charges to the registered account holder. Archivalo may use other non-billing information for its own internal marketing purposes (e.g., to notify users of other Archivalo features of potential interest). It may use and disclose non-billing information in the aggregate to attract advertisers and sponsors to the site (e.g., by providing site demographic or usage information in the aggregate to potential advertisers). 3. Your Account and Password. You certify that you are not a minor and that, to the best of your knowledge and belief, information provided by you during registration of an account is truthful, accurate and complete. A secret password for obtaining access to your account will be assigned by you. It is your responsibility to safeguard and protect your password from disclosure or use by others. You will promptly change your password and notify Archivalo if you have reason to believe your account is being accessed or used by others. Your account is for your own use and may not be sublicensed, transferred, loaned, rented or leased to others and any attempt to the contrary is void. 4. Account Fees. Archivalo will never charge for the basic service of up to 3 Megabytes of storage space. Archivalo will publish any other applicable "free offers" and prices for additional upgrades and billable services at the Archivalo site, and any price or service changes. Archivalo reserves the right to charge for upgrade services beyond the basic service. In particular, for enhanced file handling features or extra storage space. Any applicable charges will be billed to your credit card or as otherwise agreed in writing. You are responsible for any applicable sales, use, value-added, or other governmental tax or levy imposed of the goods or services provided to you (including interest and penalties imposed thereon) other than taxes based on the net income or profits of Archivalo. If You fail to pay any amount when due, then Archivalo may suspend your account or terminate this Agreement. You agree to pay all costs of collection and enforcement, including reasonable legal fees. 5. Certain Proprietary Rights. (a) Rights to Your Files. Nothing in this Agreement transfers any ownership rights in your files to Archivalo. You irrevocably authorize Archivalo to manage files as reasonably necessary to provide its services and to operate its system in an efficient manner. (b) Rights to Archivalo System. You agree that all right, title and interest (including all copyrights and other intellectual property rights) to the Archivalo system belong exclusively to Archivalo or other designated owner. You agree not to disassemble, decompile or reverse engineer any feature of the Archivalo system. 6. Force Majeure. Archivalo is excused from any failure or delay in performance of responsibilities otherwise imposed by this Agreement for any cause beyond its reasonable control. Such causes include, without limitation, fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities or necessary supplies, governmental action, computer viruses and incompatible or defective equipment, software or services not supplied by Archivalo. Nothing herein enlarges any warranty or diminishes any disclaimer provided in Section 7 ("Warranties"). 7. Warranties. The following provisions are subject to Section 8 ("Limitation of Remedies & Liabilities"). (a) User Content. You warrant that any files uploaded by you to Archivalo will not infringe or misappropriate any copyright, trademark, patent, trade secrets or other rights of any third persons, knowingly contain any viruses or deliberately harmful c ode, or violate this Agreement or any applicable law. You will defend, indemnify and hold Archivalo and its personnel harmless from all liability and expense (including attorney fees) arising from any claim to the contrary. (b) Third Party Content. Archivalo is a storage repository, and not a publisher, of any files or content supplied by Archivalo users or other persons. Archivalo is not responsible for screening, policing, editing or monitoring such content. If allegedly infringing, defamatory, damaging, illegal or offensive material is brought to Archivalo's attention, it may (but is not required to) investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such material from the system. If Archivalo elects to perform (or not to perform) any such activities, it shall be held harmless from all claims so long as it acts in good faith. (c) Disclaimer. You agree all goods and services are provided strictly on an "as is" and "as available" basis without any express or implied warranty, guarantee or other assurance of quality, conformity with specifications, reliability or functionality. You accept all risk concerning suitability, use, performance or nonperformance of Archivalo. NetFloppy.com MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, INTEGRATION, AVAILABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. 8. Limitation of Remedies & Liabilities. The following provisions are a material condition of this Agreement and reflect a fair allocation of risk: (a) Remedies. You agree that if Archivalo violates any provision of this Agreement, and it determines that repair or other corrective action is not economically or technically feasible, your sole and exclusive remedy will be to terminate your account a nd obtain a refund of any charges paid by you to Archivalo during the previous twelve (12) months. You also agree that legal remedies alone provide inadequate protection of intellectual property rights described in Section 5 ("Certain Proprietary Rights" ) and that, in addition to other relief, Archivalo or other owner may go to court and without necessity of posting bond obtain temporary and permanent injunctions to enforce those rights. (b) Liabilities. Archivalo IS NOT LIABLE FOR ANY AMOUNT EXCEEDING THE PRICE PAID BY YOU TO Archivalo DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO ANY CLAIM. IN NO EVENT SHALL Archivalo BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS FEES EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY) INCURRED BY YOU, OR ANY THIRD PARTY. FOR THESE PURPOSES, "Archivalo" INCLUDES Archivalo's OFFICERS, OWNERS, AGENTS AND EMPLOYEES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. 9. Third Party Advertisers and Suppliers. Archivalo is not a party to any transaction between you and any third party advertisers or suppliers. ALL REPRESENTATIONS AND WARRANTIES REGARDING GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY SUPPLIERS ARE DISCLAIMED BY Archivalo. YOU WILL LOOK SOLELY TO THE THIRD PARTY SUPPLIER FOR ALL CLAIMS REGARDING SUCH GOODS OR SERVICES. 10. Termination. Either party may terminate this Agreement at any time upon advance notice by electronic mail or other reasonable means. Archivalo will notify you of any procedures to be followed in removing your files from the Archivalo system. Archivalo reserves the right to delete any files not removed within such prescribed time. Termination will have no effect on payment of amounts due hereunder through the date of termination, on provisions protecting proprietary rights, or on indemnities, or disclaimers of warranties and liability. 11. Disputes, Choice of Law. Archivalo operates its business solely in Los Angeles County, California USA. This Agreement shall be governed by and construed in accordance with the substantive laws of California and any action shall be initiated and maintained by you in a court of competent jurisdiction located in Los Angles County, California within one (1) year after the claim arose, or be barred. As a disincentive for unwarranted litigation, you agree that if you initiate litigation against Archivalo and do not win, you will reimburse Archivalo for its reasonable defense costs (including costs of in-house and outside counsel). You agree Archivalo may send you notices and papers by email at your last known email address. 12. Export Regulations. The transfer of technology across national boundaries is regulated by the U.S. Government. You agree not to export or re-export (including by way of inbound or outbound electronic transmission) any data or technology via Archivalo without first obtaining any required export license or governmental approval. This provision and the assurances made herein shall survive termination of this Agreement. 13. Notice to California Users. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights information: (a) Pricing Information. Apart from the always free basic service, Archivalo reserves the right to change, increase or implement additional fees or prices, as provided in this Agreement. (b) Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 North Street, Suite 501, Sacramento, California 95814, or by telephone at (916) 445-1254. 14. Miscellaneous. This Agreement constitutes the entire and exclusive agreement between the parties with respect to this subject matter and supersedes all other communications, whether written or oral. This Agreement may be amended by Archivalo by posting to the site or by giving you email notice. Your continued use of Archivalo constitutes your acceptance of such amendments. Any other amendment shall require a writing signed by Archivalo, regardless of any course of conduct or trade practice. This document and "acceptance" in electronic form, or a hardcopy duplicate in good form, shall be considered an original document entered into and performed in Los Angeles County, California with authenticated signature admissible into evidence un less the document's authenticity is genuinely placed in question. Any provision hereof found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provision s shall remain in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.
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