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SecureVault Terms and Conditions Copyright (c) 2008 - 2011 SecureVault Online Backup Services. All rights reserved. SecureVault, its parents, subsidiaries, affiliates, officers, directors, associates, partners and employees, individually and collectively referred to as "SecureVault", grants you a non-exclusive and non-transferable license for the use of the SecureVault Service and Software subject to the following conditions and terms of service. 1. Term of Agreement The Initial Term commences on the date of this Agreement. This Agreement will automatically renew for successive terms at the end of Your Initial Term unless a Termination Notice is sent to accounts@securvault.co.nz thirty (30) days prior to the end of the current contract term. This Termination Notice should include: company name, contact name, telephone #, address and requested termination date. 2. Service Fees All charges for the Service under this Agreement shall be as specified in the SecureVault Service Agreement. The fee for the Service Plan You selected shall remain fixed for the Initial Term. Service renewals will be priced out using the Service Plan and fees in effect at the date of the service renewal. Charges for Supplemental Service Options may be changed at any time. 3. Payments Payment terms are net thirty (30) days from invoice date. Any amount not paid when due will bear late charges at the rate of two percent (2%) per month compounded on a daily basis from the date due until the date paid. You shall be liable for all expenses incurred in collecting charges that are in arrears, including reasonable attorneys' fees. You agree to pay all sales taxes where applicable. You must notify SecureVault in writing of any disputed charges within fourteen (14) days of the date of the billing for such charges. If You do not notify SecureVault within that time period, You have waived any right to dispute such amounts, either directly or indirectly or as a set-off, or defense in any action or efforts to collect amounts due to SecureVault. If You fail to pay the charges of SecureVault for a period of forty-five (45) days after the date of the invoice, SecureVault may, after giving ten (10) business days notice by email, at its option (a) cease providing the Service and/or (b) refuse requests to resume the Service. In the event of disconnection, You must pay SecureVault a reconnection fee of $150.00 as a condition of reactivation of the Services, in addition to full payment of the balance due on the account. Default in paying any sum due under the agreement will be remedied only if the payment includes interest payable. IN THE EVENT SECUREVAULT TAKES ANY ACTION PURSUANT TO THIS SECTION, IT SHALL HAVE NO LIABILITY TO YOU OR ANYONE CLAIMING BY OR THROUGH YOU. Nothing herein shall preclude SecureVault from pursuing other remedies authorized by statute or otherwise permitted by law. 4. Cancellation Rights and Charges You may cancel the Service within the first thirty (30) days of the commencement of the Initial Term without incurring any Early Termination Fees. Otherwise, if Service is cancelled before the end of its term, You shall pay, as liquidated damages to SecureVault, Early Termination Fees equal to 50% of the Base Plan Cost times the number of full or partial months remaining in Your term. If the Service on a quarterly or annual billing plan is cancelled before the end of its term, there will be no credits or refunds. The parties hereby agree and acknowledge that such Early Termination Fees are reasonable. The Cancellation Notice should be sent to accounting@SecureVault.co.nz and should include company name, contact name, telephone #, address and requested cancellation date. Early Termination Fees will be due and payable upon receipt of invoice. 5. Change to Service Changes to The Service within the contract term will result in a new SecureVault Service Contract. Unused payments applied to this portion of this service contract will be credited to the new Agreement. 6. Maintenance SecureVault may from time to time conduct routine tests, maintenance, upgrade or repair on any part of the network, and SecureVault shall give You prior notice thereof. You acknowledge that there may be instances where it is not practicable for SecureVault to give advance notice of a disruption, for example, in the event of an emergency, and SecureVault shall be entitled to disrupt the Services to conduct restoration and remedial works without prior notice. 7. Customer Responsibilities and Content Restrictions You are solely responsible for the content of any postings, data or transmissions using SecureVault Services, or any other use of the Services by You or by any person/entity You permit to access the Services (a "User"). You represent and warrant that neither You nor any User will use the services for unlawful purposes (including, without limitation, infringement of copyright or trademark, misappropriation of trade secrets, wire fraud, invasion of privacy, illegal pornography, obscenity, defamation, and illegal use, transportation or sale of tobacco, controlled substances and firearms), or to interfere with, or disrupt, other network users, network services, or network equipment. Disruptions include, without limitation, distribution of unsolicited advertising or chain letters, repeated harassment of other network users, wrongly impersonating another user, falsifying one's network identity for improper or illegal purposes, sending unsolicited mass e-mailings, propagation of computer viruses, using the network to make unauthorized entry to any other machine accessible location, via the network, and distributing of tools designed for compromising security (i.e. including, but not limited to, password guessing programs, cracking tools or network probing tools). SecureVault may suspend or terminate the Services immediately, without prior notice to You, if SecureVault believes, in good faith, that You or a User are utilizing the Services for any such illegal or disruptive purpose. You shall defend, indemnify, and hold harmless SecureVault from and against all liabilities, judgments, claims, damages, settlements, expenses and costs (including reasonable attorneys' fees and litigation expenses) arising out of or relating to any and all claims by any person relating to use of the Services, including, but not limited to, use of the Services without Your consent. 8. LIMITED WARRANTY EXCEPT FOR THIS WARRANTY, SECUREVAULT AND ITS LICENSORS DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. SECUREVAULT SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. FURTHER, SECUREVAULT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, AND SHALL HAVE NO LIABILITY WHATSOEVER, WITH RESPECT TO THE ACCURACY, DEPENDABILITY, PRIVACY, SECURITY, AUTHENTICITY OR COMPLETENESS OF DATA TRANSMITTED OVER THE INTERNET, OR ANY INTRUSION, VIRUS, DISRUPTION, LOSS OF COMMUNICATION, LOSS OR CORRUPTION OF DATA, OR OTHER ERROR OR EVENT CAUSED OR PERMITTED BY OR INTRODUCED THROUGH THE INTERNET OR YOUR SERVERS. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING ADEQUATE FIREWALL, PASSWORD AND OTHER SECURITY MEASURES TO PROTECT YOUR SYSTEMS, DATA AND APPLICATIONS FROM UNWANTED INTRUSION, WHETHER OVER THE INTERNET OR BY OTHER MEANS. 9. LIMITATION OF LIABILITY SECUREVAULT'S AND ITS LICENSOR'S CUMULATIVE LIABILITY TO YOU AND ALL OTHER PARTIES FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF THE SERVICE OR ANY FAILURE OR DELAY IN DELIVERING THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU DURING THE PERIOD OF THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED OR THE PRORATA EQUIVALENT IF YOU HAVE PURCHASED AN ANNUAL PLAN. SECUREVAULT SHALL HAVE NO LIABILITY SHOULD THERE BE ANY DELAY IN THE PROVISION OF THE SERVICE. SECUREVAULT RESERVES THE RIGHT TO SUSPEND PROVISION OF THE SERVICE FOR THE PURPOSES OF REPAIR, MAINTENANCE OR IMPROVEMENT OF THE EQUIPMENT, SOFTWARE AND/OR SERVICE OR ANY PART THEREOF; PROVIDED THAT SECUREVAULT WILL USE ITS REASONABLE EFFORTS TO PROVIDE PRIOR NOTICE TO CUSTOMER AND MINIMIZE DISRUPTION TO THE SERVICE. SECUREVAULT RESERVES THE RIGHT TO LIMIT CUSTOMER BANDWIDTH UTILIZATION. SECUREVAULT AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, OR FOR LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY DATA SUPPLIED THEREWITH OR ANY FAILURE OR DELAY IN DELIVERING THE SERVICE, EVEN IF SECUREVAULT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCE SHALL SECUREVAULT ASSUME ANY LIABILITY OR RESPONSIBILITY TO YOU FOR SUSPENSION OF SERVICE DUE TO NON-PAYMENT. SECUREVAULT WILL USE REASONABLE EFFORTS TO PROVIDE SUPPORT FOR CUSTOMER'S INQUIRIES RELATING TO THE SERVICE. 10. Other 10.1 Acts Beyond SecureVault's Control SecureVault shall not be deemed to be in breach of this Agreement and shall have no liability hereunder if its obligations are delayed or prevented by any reason of any act of God, war, fire, natural disaster, accident, riots, acts of government, shortage of materials or supplies, failure of any transportation or communication system, non-performance of any of Your agents or Your third party providers (including, without limitation, the failure or performance of common carriers, interchange carriers, local exchange carriers, internet service providers, suppliers, subcontractors) or any other cause beyond its reasonable control. 10.2 Notice of Claim and Filing of Suit You must present any claim in writing to SecureVault within a reasonable time, and in no event longer than sixty (60) days after the event for which the claim is presented. No action may be maintained against SecureVault for loss, damage or destruction of data transmitted, unless timely written claim has been given as provided above. 10.3 Confidentiality Confidential Information shall be held in confidence by SecureVault and shall be used only for the purposes provided for in this Agreement. SecureVault shall use the same degree of care to safeguard Your Confidential Information as it utilizes to safeguard its own Confidential Information. SecureVault reserves the right to release the contact information of any Customer involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. SecureVault will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers. You shall pay SecureVault's reasonable expenses and charges for such compliance. 10.4 Indemnification You agree to fully indemnify and hold harmless SecureVault and its employees and agents for any liability, judgment, claim, damage, settlement, cost or expense (including litigation expenses and reasonable attorneys' fees) arising out of or relating to any breach of this Agreement. You and SecureVault will promptly notify each other upon receipt of any third party claim or legal action arising out of or relating to this Agreement. 10.5 Modification; Authority; Assignment SecureVault may modify any aspect of this Agreement or the applicable Terms of Service upon thirty (30) days prior notice. Should You wish to terminate the Service as a result of such modification, you may do so by sending a Termination Notice to accounting@SecureVault.co.nz any time prior to the effective date of such modification; no Early Termination Fees will apply. Otherwise such modification will remain in effect for the remaining Term. You acknowledge that you have the authority to enter in to this Agreement on behalf of your company and that you may authorize other individuals to purchase additional services. This Agreement binds any of Your authorized users, as well as your heirs, executors, successors, and assigns and can only be changed by a written instrument signed by You and SecureVault. You shall also be responsible for complying with, and/or acknowledging, any "terms of use" and "privacy policy" posted on the SecureVault web site. This Agreement may not be assigned by You (other than to an affiliate which shall assume the obligations of its assignor by written instrument) without the written consent of SecureVault, which shall not be unreasonably withheld or delayed. This Agreement may be terminated and/or assigned by SecureVault to any authorized provider of the Service by giving thirty (30) day notice to You. 10.6 Governing Law; Jurisdiction This Agreement is governed by the laws of the State of Texas, excluding its conflicts of laws principles. You hereby submit to the exclusive jurisdiction of the federal and state courts of the State of Texas; provided, however, that SecureVault shall have the right to institute judicial proceedings against You or anyone acting by, through or under You, in other jurisdictions in order to enforce SecureVault's rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. 10.7 Non-Solicitation During the term of this Agreement and for a period of one (1) year thereafter, You shall not solicit or hire the services of any employee or subcontractor of SecureVault without the prior written consent of SecureVault. 10.8 General This Agreement constitutes the entire understanding between SecureVault and You with respect to subject matter hereof. Terms and conditions as set forth in any purchase order which differ from, conflict with, or are not included in this Agreement, shall not become part of this Agreement unless specifically accepted by SecureVault in writing. You shall be responsible for and shall pay, and shall reimburse SecureVault on request if SecureVault is required to pay, any sales, use, value-added or other tax (excluding any tax that is based on SecureVault's net income), assessment, duty, tariff, or other fee or charge of any kind or nature that is levied or imposed by any governmental authority on the Service

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