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Terms and Conditions
Slua Hosting Online
Data Backup Servive (Slua Hosting Easy backup)
END-USER SERVICES AND LICENSE AGREEMENT
Slua Hosting is willing to license to you a proprietary software program
in object code form (the "Software") only upon the condition
that you accept all of the terms of this Agreement. In the event you do
not agree with any of these terms or conditions, do not install the Software
or access Slua Hosting Easy Backup services (the "Services").
Please read carefully the terms and conditions of the Agreement below
before installing any Software or accessing services. By installing, copying
or otherwise using the Software or accessing the services, you agree to
be bound by the terms and conditions of this Agreement. The Software contains
some or all of the following: (a) "Server Software" that provides
services on the server and (b) "Client Software" that allows
a personal computer to access or utilize services provided by the Server
Software.
UNDER NO CIRCUMSTANCES WILL SLUA HOSTING BE LIABLE FOR DATA WHICH WAS
NEVER SENT TO THE OPERATIONS CENTER BY THE SOFTWARE. YOU ARE ADVISED TO
CHECK THE LOG FILE TO ENSURE THE DESIRED FILES HAVE BEEN TRANSMITTED.
Slua Hosting owns the Software. Under the terms of this Agreement, you
receive only a limited right to use the Software. Pursuant to this Agreement,
Slua Hosting grants to you the non-exclusive right to: (a) use the Client
Software on any personal computer, as long as it is used in conjunction
with the Slua Hosting Remote Data Backups services ("Services")
and after registering each such personal computer for said Services; (b)
use the Server Software on a single server to provide the Services for
internal use only after registering the Server with Slua Hosting; (c)
copy the Software into any computer for back-up purposes in support of
your use of the Software and Services, after successfully registering
for said Services; and (d) transfer the programs and license to another
party as provided herein if the other party agrees in writing to accept
the terms and conditions of this Agreement. Any other use is strictly
prohibited. You may not use, copy, modify or transfer the Software or
any copy, in whole or in part, except as expressly provided in this Agreement.
You agree not to make any attempt to de-compile, disassemble or reverse
engineer the Software or otherwise discover or derive the source code
or underlying processes, ideas, structure, organization or algorithms
of the Software.
If you transfer the programs to another party, you must at the same time
either transfer all copies whether in printed or computer readable form
to the same party or destroy any copies not transferred, including all
modifications and portions of the programs contained or merged into other
programs. At the same time, you must transfer the ownership of the Services
associated with the transferred Software. You must also comply with all
applicable export laws. Any other attempt to transfer the Software or
Services is void.
COPYRIGHT
All intellectual property rights in the Software and user documentation
are owned by Slua Hosting and as applicable its suppliers and are protected
by United States and EU copyright laws, other applicable laws and international
treaty provisions. Slua Hosting and its suppliers retain all rights not
expressly granted pursuant to this agreement.
TERM
The license is effective for the period of time for which you have prepaid
Slua Hosting, unless sooner rejected or terminated. You may reject or
terminate the license at any time by destroying the Software together
with all copies in any form and by cancelling the associated Services.
The license will terminate if you fail to pay the fee set forth by Slua
Hosting for the Services associated with the Software, within 14 days
of the due date. It will also terminate upon conditions set forth elsewhere
in this Agreement or if you fail to comply with any term or condition
of this Agreement. You agree upon such termination to destroy the programs
together with all copies, in any form. All of your data will be deleted
from Slua Hostings servers 14 days after the termination of this
agreement.
LIMITED WARRANTY AND REMEDIES
Slua Hosting warrants that the Software and Services will perform substantially
in accordance with the accompanying help file. SLUA HOSTING undertakes
to implement reasonable precautions to ensure that all data received to
their servers are protected and available for retrieval by you as per
the described service. This Limited Warranty is void if failure of the
Software or Services has resulted from an accident, abuse, misapplication,
or modification of the Software or Services. Except, as expressly set
forth above, Slua Hosting shall have no liability for the software or
any services provided, including any liability for negligence. Slua Hosting
makes and you receive no other warranties, either express or implied,
are made with respect to the software or services, including but not limited
to the implied warranties of merchantability and fitness for a particular
purpose, and Slua Hosting expressly disclaims all warranties not stated
herein. Slua Hosting's entire liability and your exclusive remedy shall
be limited to the return of the fees paid by you for the software and
services should the software or services not meet this limited warranty.
In no event will Slua Hosting be liable to you or any other person for
any damages, including any incidental or consequential damages, expenses,
lost profits, lost savings, or other damages arising out of use of or
inability to use such software and services, even if Slua Hosting has
been advised of the possibility of such potential loss or damage.
No bailment or similar obligation is created between the Subscriber and
Slua Hosting with respect to the Subscriber's stored encrypted data.
The Subscriber is solely responsible for maintaining the confidentiality
of Passwords, including restricting the use of the Password by anyone
other than the Subscriber.
The Subscriber shall be responsible for all use of the Service accessed
through the Subscriber's Password.
Slua Hosting shall not have any responsibility or obligation to the Subscriber
or any other Users of the Service to monitor supervise or oversee the
contents of encrypted files stored on the Service.
Slua Hosting is not responsible for providing the subscriber with replacement
passwords in the event of a forgotten password, as this is physically
not possible. Without the correct password, the Subscriber's data will
remain encrypted and inaccessible forever.
In the eventuality that the Subscriber loses his password, Slua Hosting
reserve the right to delete all encrypted files held without password
access.
YOUR COVENANTS
During the term of this Agreement you will not use the Services for information,
data or material that (a) infringes on the intellectual property rights
of any third party or any rights of publicity or privacy; (b) violates
any law, statute, ordinance or regulation (including but not limited to
the laws and regulations governing export control, unfair competition,
anti-discrimination or false advertising); (c) is defamatory, trade libellous,
unlawfully threatening, or unlawfully harassing; (d) is obscene, pornographic
or indecent in violation of applicable law; (e) contains any virus or
other programming routine intended to damage any system or data; or (f)
is provided in breach of any prior contractual commitment to any third
party.
GENERAL
These terms and conditions shall be governed by and construed in accordance
with the laws of the Republic of Ireland, and the parties hereby submit
to the exclusive jurisdiction of the Irish courts to settle any disputes
which may arise in connection with these terms
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