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YOU MUST READ AND ACCEPT THIS SERVICE AGREEMENT AS A CONDITION OF USING FILEBACKUP SERVICE.
1. AGREEMENT
This is an agreement (“Agreement”) between you (the "Subscriber” or “you”) and CURRENT Communications Services, LLC ("CURRENT" or “us”) to provide FileBackup on-line file storage service (the "Service”). By establishing a Service account, using the Service, or indicating agreement through the software or CURRENT’s Web Site, you agree to be bound by this Agreement and to use the Service in compliance with CURRENT’s Acceptable Use Policy and Terms of Use, and subject to CURRENT’s Privacy Policy, all of which can be found at www.current.net/OurPolicies. In addition, you agree that all users authorized by you to access the Service will read and be bound by this Agreement, and any references in this Agreement to you or the “Subscriber” include your authorized users.
2. TERM
The initial term of this Agreement is one month from the date that the Service is first provisioned. If you are already a CURRENT Broadband® customer at the time you order the Service, then the date that the Service is first provisioned is the date on which you sign-up for the service on-line or by calling 1-877-7PLUGIN. If you are not a CURRENT Broadband customer at the time you order the service, then the date that the Service is first provisioned is the date that the billing cycle for your CURRENT Broadband service commences. CURRENT reserves the right to change the price of the Service at any time after the initial term upon thirty (30) days notice. CURRENT also reserves the right to change features of the Service or to discontinue the Service, both at any time and without prior notice. Prices and features for the Service and other CURRENT services will be posted on our Web Site, the home page for which is www.current.net. Prices and features may also be obtained by calling 1-877-7PLUGIN.
3. SERVICE REQUIREMENTS
(i) You represent and warrant that you are at least eighteen (18) years old and that you are responsible for all usage of the Service. (ii) Any computer(s) you wish to use to access the Service must meet certain minimum requirements, which may be found on our Web Site. (iii) You may be required to provide and maintain a valid major credit card.
4. PAYMENT
If you select a feature level for which charges apply, you will be charged in advance a monthly charge for the Service, plus any applicable taxes and other fees. If you cancel your Service during a service month, you will not receive a refund for any unused portion of that month. Your monthly billing cycle will commence on the date that the Service is first provisioned, whether or not you actually begin using the Service. You must provide accurate billing information including legal name, address, telephone number, and credit card or other billing information (if a billing option other than the credit card billing is offered for the service(s) to which you subscribe), and report any changes to this information immediately by using our Web Site or calling 1-877-7PLUGIN. You are responsible for all charges to your account.
For customers paying by credit card: If we are unable for any reason to obtain payment in full for all charges appearing on your CURRENT billing statement in any month using the credit card information you provided to us, your Service will be suspended while we attempt to resolve the problem with your billing. Your Service will be cancelled if we are unable to resolve all such problems following thirty (30) days of suspension. Credit card billing may fail for a variety of reasons, including but not limited to: if your card has been suspended, terminated or cancelled for any reason, including because it is reported as lost or stolen or as a fraud-prevention measure by your credit card company; if you have exceeded your credit limit; or if the credit card expiration date you provided to us has passed.
For customers who choose to receive paper bills (not all Service plans permit this billing option): If you choose billing and payment by paper bills and we do not receive payment in full by the due date specified on your bill, we will attempt to send you a reminder notice. Accounts with past-due balances may be suspended at CURRENT’s discretion, and may be cancelled if we do not receive payment in full within thirty (30) days following the billing due date. In addition, delinquent accounts may be directed to our Collections Department.
Questions regarding charges to an account should be directed to our Customer Service Department at 1-877-7PLUGIN. All charges will be considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for any charges unless CURRENT receives such timely written notice.
CURRENT is not responsible for any charges or expenses, such as overdrawn accounts or exceeded credit card limits that result from charges billed by CURRENT. You agree to maintain valid and current billing information on file with CURRENT at all times.
Charges will continue to accrue until an account is canceled. CURRENT may impose an additional charge to reinstate a suspended account, for late payments, or for checks or other payments that are not honored by your bank. You may be charged late fees if (i) for any reason we do not receive from you any required payment for the Service by the date on which the payment is due; or (ii) you pay less than the full amount due for all services on your CURRENT bill. The charges imposed for late payment will be the greater of five dollars ($5.00) or interest on the outstanding balance at one and one-half percent (1.5%) per month, or such lesser amount as is required by law.
You agree to pay for the Service on a timely basis. CURRENT does not extend credit to customers. Any late fees and related fees, charges, and assessments due to late payment or nonpayment are not interest, credit service charges, or finance charges. Such fees, charges, and assessments are not penalties; they are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments. These costs will be difficult to calculate or to predict at the time such late fees and related fees, charges, and assessments are set, because we cannot know in advance: (a) whether you will pay for the Services on a timely basis; (b) if you do pay late, when you will pay; and (c) what costs we will incur because of your late payment.
If we are required to use a collection agency, attorney or other party to collect money owed by you or to recover equipment you have failed to return as required by this agreement, you agree to pay the reasonable costs of collection or other action. These costs include but are not limited to any collection agency's fees, reasonable attorneys' fees, and arbitration or court costs.
5. YOUR ACCOUNT, PASSWORD AND SECURITY
Your username and password for the Service will be the same as the username and password you use for your primary CURRENT Broadband Internet service account. You are responsible for keeping your account information confidential so that no one else accesses the Service through your account. You should notify CURRENT immediately upon discovering any unauthorized use of your account.
6. CANCELLATION
If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices your only remedy is to discontinue using the Service and cancel your account. To cancel the Service you must call 1-877-7PLUGIN. Cancellation will be effective at the end of the billing period in which notice of cancellation is received. Upon cancellation, all your files stored using the Service will be deleted.
CURRENT may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if CURRENT, in its sole discretion, believes you have violated the Agreement, or the CURRENT Terms of Use or Acceptable Use Policy, or if you fail to pay any charges when due. Termination notice will be by email or U.S. Mail to the address you provided for the Service or your billing address if different from your Service address.
7. DISCLAIMERS
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CURRENT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. CURRENT MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY CURRENT OR ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY. NEITHER CURRENT NOR ITS EMPLOYEES OR REPRESENTATIVES SHALL BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL CURRENT'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU DURING A ONE-YEAR PERIOD. CURRENT RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME.
CURRENT SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM ANY OF THE FOLLOWING: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; YOUR RELIANCE ON OR USE OF THE SERVICE; ANY MISTAKE, OMISSION, INTERRUPTION, DELETION OF FILES, ERROR, DEFECT, DELAY IN OPERATION OR TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; THE USE OF THE SERVICE BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION OBTAINED, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED, THROUGH THE SERVICE.
CURRENT ASSUMES NO RESPONSIBILITY FOR ANY DELETION OR FAILURE TO STORE DATA.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF CURRENT, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST CURRENT IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
8. JURISDICTION
This Agreement is governed by the laws of the State of New York without regard to conflicts of law provisions. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by the laws of the State of New York, without regard to conflicts of law provisions, and will be held in Rochester, New York. The arbitrator will be an expert in the field of Internet services. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class action arbitration pursuant to this Agreement. Except as may be otherwise provided by law, and action or claim you may have with respect to the Service must be commenced as herein provided within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred.
9. NO RESALE OR COMMERCIAL USE OF THE SERVICE
You agree not to resell or make any commercial use of the Service, without CURRENT’s express written consent.
10. REVISIONS
This Agreement, the CURRENT Acceptable Use Policy, Terms of Use and Privacy Policy are posted on CURRENT's Web Site and represent the entire agreement between you and CURRENT with respect to your use of the Service. CURRENT may revise, amend, or modify each Agreement as provided in that Agreement. Notice of any revision, amendment, or modification will be posted on our Web Site at www.current.net/ourpolicies or on another portion of our Web Site, or may be sent via e-mail to your current.net e-mail address or an alternate preferred e-mail address which you provided to us, or via U.S. mail or overnight delivery service to your mailing address as it appears in CURRENT's records. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of CURRENT.
11. USER CONDUCT
You are solely responsible for the contents of your transmissions through the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You agree: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. You agree not to interfere with another user's use and enjoyment of the Service or another entity's use and enjoyment of similar services. CURRENT may, at its sole discretion, immediately terminate your use of the Service if your conduct fails to conform with any requirement of this Agreement, or the CURRENT Acceptable Use Policy or Terms of Use.
12. INDEMNIFICATION
You agree to indemnify and hold CURRENT, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of this Agreement, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity.
13. MISCELLANEOUS
If one or more provisions of this Agreement shall be held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. CURRENT will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of CURRENT as reflected in the original provision. The waiver by either party of a breach or compliance with any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or compliance. Nothing in this Agreement or in the understanding of the parties confers upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. CURRENT may subcontract any work, obligations or other performance required of CURRENT under this Agreement without your consent.
Version effective: September 13, 2006
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