1. By signing these Terms and Conditions you are certifying that you have authority to make this Agreement on behalf of any entity which you are purporting to represent. You understand that RDS may change these Terms and Conditions at any time in its sole discretion. Any such change is effective immediately upon it being posted on the RDS web site (www.remotedatastorage.net) or delivery of any other notice to you. Continued use of the Services after such change becomes effective constitutes your agreement and acceptance of the change. Upon notice of any material change in these Terms and Conditions pertaining to the cost or quality of Services, you may immediately terminate the Agreement.
2. The term of the Agreement is either one or two years as indicated on the Service Order form from the effective date, and shall automatically renew from month to month at the expiration of the initial term. RDS may require a deposit prior to providing Services.
3. The Service does not include storage space or any services pertaining to program files. RDS will provide storage for such backed-up data files for the term of the Agreement or for so long as you meet your obligations under the Agreement. You will be solely responsible for any loss or damage which results from your failure to provide any and all backups and restorations of your data files. Your fees and charges will be owed to RDS for making the Service available to you regardless of whether you use it. You agree that if your backed-up data files at any point exceed the initial amount of storage specified in the Service Order or the then-current level of storage capacity you have contracted for, your account will be automatically upgraded to the next appropriate level of storage capacity (based upon the actual size of your backed-up data files) and that you will be responsible for payment for the increased cost associated with such next appropriate level of storage capacity. You also agree that in the event the initial charge provided in your Service Order is an introductory charge offered only for a limited time, you will be responsible to pay the regular charge for such Service once the introductory time period expires. You understand and agree that RDS is not responsible for the installation, maintenance or upkeep of backing up, nor is there any responsibility on the part of RDS for assisting in a restoration process. If RDS is requested by you to assist in the restoration or maintenance process or any kind, there may be an additional charge per incident, which you agree to pay.
4. You may terminate the Agreement and your use of the Services at any time by thirty (30) days' written notice to RDS prior to the effective date of termination. Any termination of Services will result in all storage space assigned to you by RDS reverting back to RDS. You will also be obligated to pay RDS for all Services and other related charges provided prior to the effective date of termination.
5. RDS may modify or terminate this Agreement or your use of the Services at any time for your nonpayment or violation of any of the Terms and Conditions. RDS may terminate this Agreement for any reason upon 10 days' notice.
6. You agree to pay all fees and other charges incurred on your account. You authorize RDS to charge any amounts payable by you in connection with the Services automatically to the credit card you provide to RDS. If you choose to bill the Services to your credit card, your right to receive the Services is subject to any limits established by your credit card issuer.
7. Except as otherwise expressly provided in these Terms and Conditions, you may not redistribute or otherwise transfer your rights to the Services.
8. Limitation of Warranties and Liability; Disclaimer of Warranties. You expressly agree that use of the Services is at your sole risk. The Services are provided without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, neither RDS nor any of its employees or agents shall have any liability for consequential or special damages arising out of the use of the Services.
9. You agree that any legal action arising out of the Services or the Agreement must be brought no later than one year after the event giving rise to the cause of action. You also agree that your sole and exclusive remedy for any problem with the Services (including any associated software or other materials supplied in connection with the Services) shall be for RDS to use commercially reasonable efforts to repair, replace or adjust the Services. You also agree that the amount of recovery in any such action shall not exceed the amount of charges paid by you for the Services under the Agreement during the twelve-month period prior to the date the claim first arose.
10. You understand and agree that RDS' name and logos and all related product and service names, design marks and slogans are the property of RDS. You also understand and agree that you are not authorized to use RDS' name or any of its marks in any advertising, publicity or in any other manner without the prior written consent of RDS.
11. You understand and agree that neither party to the Agreement is responsible for any delay in delivery or performance of any of its duties under the Agreement due to acts of God, or any other occurrence reasonably beyond its control.
12. You understand and agree that RDS will only waive any rights it has under these Terms and Conditions in writing. You also understand and agree that: (a) The Agreement makes up the entire legal agreement between you and RDS and takes the place of any previous or current understandings between us concerning the Services. (b) If any provision of these Terms and Conditions should be held illegal or unenforceable by a court, the other provisions of this Agreement shall remain in full force and effect. (c) This Agreement shall be binding upon and shall be for the benefit of RDS, you, and each of our successors and permitted assigns.
13. You understand and agree that this Agreement shall be governed by the laws of the State of Washington. Both parties consent to personal jurisdiction in the courts of Walla Walla County in the State of Washington, for any action arising out of or relating to the Services. In any such action, the substantially prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorneys’ fees. The terms of this Section will survive any termination of the Agreement.
14. Any notice to RDS under the Agreement must be sent to Remote Data Storage, LLC, PO Box 1957, Walla Walla, WA 99362. Notices to you must be sent to either your e-mail address or the address supplied at registration.
