Remote Backup Service Policy

REMOTE BACKUP SERVICE AGREEMENT

REMOTE BACKUP SERVICE AGREEMENT ("Agreement") is between you (both the individual requesting support services and any other individual or entity on behalf of which such individual is acting) ("You" or "Your") and Plexus Computers, LLC ("Plexus").

IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THIS AGREEMENT. BY CLICKING ON THE "SIGN UP" LINK, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT CLICK ON THE "SIGN UP" LINK.  IF YOU DO NOT ACCEPT THIS AGREEMENT, PLEXUS WILL NOT PROVIDE YOU WITH THIS SERVICE.

By clicking the "Sign Up" displayed as part of the ordering process, You agree to the following terms and conditions (the "Agreement") governing Your use of the Plexus Online Backup Service (the “Service”). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "You" or "Your" shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you may not use the Service.

Plexus Computers, LLC (“Plexus”) agrees to provide You the Service for any servers You choose to enroll (each “Server”), as described in the Service Agreement in accordance with the following Terms and Conditions.

Terms and Conditions

1. Term of Agreement

You subscribe for 6 months (the “Initial Term”) of Basic Service [unless cancelled per Section 4].

The Initial Term commences on the earliest of the date You sign up at this web site or 30 days after the date of this Agreement.

This Agreement will automatically renew for successive six-month terms at the end of Your Initial Term and any subsequent terms unless a Termination Notice is sent to Plexus 30 days prior to the end of the current period. This Termination Notice should include: company name, contact name, and requested termination date.

2. Service Fees

All charges for the Service under this Agreement shall be as specified in the pricing schedule. The fee for the Storage 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. You will be provided with sixty (60) days’ advance notice of any changes. Charges for Supplemental Service Options may be changed at any time upon sixty (60) days’ written notice, unless otherwise provided herein.

3. Payments

Payment is due upon receipt of invoice. You must provide Plexus Computers with a valid credit card for payment as a condition to signing up for the Service. Any amount not paid when due will bear late charges at the rate 1.5% per month (18% per year) 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.

If You fail to pay the charges of Plexus Computers for a period of forty-five (45) days after the date of the invoice, Plexus Computers may, after giving ten (10) business days notice by email, at its option (a) cease providing the Service and delete all data transmitted to it by You and/or (b) refuse requests to restore Your data. IN THE EVENT PLEXUS COMPUTERS 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 Plexus Computers from pursuing other remedies authorized by statute or otherwise.

4. Cancellation Rights and Charges

You may cancel the Service within the first 30 days of the commencement of the Initial Term (the “Cancellation Rights Period”) without incurring any Basic Service Fees, Activation Fees or Early Termination Fees. Otherwise, if Service on a monthly billing plan is cancelled before the end of its term, You shall pay, as liquidated damages to Plexus Computers, Early Termination Fees equal to 50% of the Base Plan Cost times the number of full or partial months remaining in Your term, and the parties hereby agree and acknowledge that such Early Termination Fees are reasonable in light of the fact that Plexus Computer's damages may be difficult to fix with precision and explicitly apply to all contracts, including multi-year contracts. If the Service on an annual billing plan is cancelled before the end of its term, there will be no credits or refunds.

The Cancellation Notice should be sent using our online contact form and should include company name, contact name, and requested cancellation date. 

5. LIMITED WARRANTY

Plexus Computers warrants that, once the Initial Backup has successfully completed, the Service provided by Plexus Computers will conform to the specifications set forth in the applicable Service Level Agreement for the Retention Period selected.

EXCEPT FOR THIS WARRANTY, PLEXUS COMPUTERS AND ITS LICENSORS DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE.

This limited warranty gives You specific legal rights, and You may also have other rights, which vary from jurisdiction to jurisdiction. If You believe that the Service does not conform to the warranty described above, contact Customer Service. Plexus Computers’ exclusive liability and Your sole remedy for breach of this limited warranty shall be either re-performance of the specific service component which failed free of charge or, at Your sole discretion, refund of any fees paid by You for the period in which the specific service component failed to conform to this limited warranty. Some jurisdictions do not allow the exclusion or limitation of relief, incidental or consequential damages, so the above limitation or exclusion may not apply to You.

6. LIMITATION OF LIABILITY

PLEXUS COMPUTERS 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 PRORATED EQUIVALENT IF YOU HAVE PURCHASED AN ANNUAL PLAN. PLEXUS COMPUTERS 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 Plexus Computers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of special, incidental, consequential, indirect or exemplary damages, or the limitation of liability to specified amounts, so the above limitation or exclusion may not apply to You.

7. Other

7.1 Acts Beyond Plexus Computers' Control

Plexus Computers shall not be deemed to be in breach of this Agreement 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.

7.2 Notice of Claim and Filing of Suit

You must present any claim in writing to Plexus Computers 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 Plexus Computers for loss, damage or destruction of data transmitted, unless timely written claim has been given as provided above, and unless such action is commenced within nine (9) months after the date on which such written claim delivered in accordance with the foregoing, has been received by Plexus Computers.

7.3 Ownership Warranty

You warrant that You are the owner or legal custodian of the data transmitted to Plexus Computers pursuant to the terms of this Agreement and that You have full authority to transmit said data and direct its disposition in accordance with the terms of this Agreement.

7.4 Confidentiality

“Confidential Information” means any information (without regard to the medium on which such information may be recorded, whether written, visual, audio, graphic, computerized or otherwise) concerning or relating to Your property, business and affairs and specifically includes data transmitted from any Protected Server to Plexus Servers. Confidential Information shall be held in confidence by Plexus Computers and shall be used only for the purposes provided for in this Agreement. Plexus Computers shall use the same degree of care to safeguard Your Confidential Information as it utilizes to safeguard its own Confidential Information. Plexus Computers may comply with any subpoena or similar order related to data on the server located within a Plexus Computers authorized facility, provided that Plexus Computers notifies You promptly upon receipt thereof, unless such notice is prohibited by law. You shall pay Plexus Computers’ reasonable charges for such compliance.

7.5 Indemnification

You agree to fully indemnify and hold harmless Plexus Computers and its employees and agents for any liability, cost or expense (including litigation expenses and reasonable attorneys’ fees) arising out of (i) Plexus Computers’ possession of Your data, or (ii) Your breach of the terms and conditions of this Agreement.

7.6 Modification; Authority; Assignment

Plexus Computers may modify any aspect of this Agreement or the applicable Service Level Agreement upon 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 using our online contact form 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 cannot be changed orally. As a condition precedent to Your installation of the Plexus Software Agent, You must elect to accept the Software License Agreement and Service Level Agreement. In the event You elect not to accept such agreements, this Agreement shall automatically terminate without further action or notice and without liability to any party. CUSTOMER IS ADVISED TO CAREFULLY REVIEW THE SERVICE LEVEL AGREEMENT FOR IMPORTANT INFORMATION REGARDING SERVICE REQUIREMENTS, USAGE RESTRICTIONS AND SUPPORT FUNCTIONS RELATING TO THE SERVICE. You shall also be responsible for complying with, and/or acknowledging, any “terms of use” and “privacy policy” posted on the Service’s 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 Plexus Computers, which shall not be unreasonably withheld or delayed. This Agreement may be terminated and/or assigned by Plexus Computers to any authorized provider of the Service by giving 30 day notice to You.

7.7 Governing Law; Jurisdiction

This Agreement is governed by the laws of the State of Maryland, excluding its conflicts of laws principles. You hereby submit to the exclusive jurisdiction of the federal and state courts of the State of Maryland; provided, however, that Plexus Computers 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 Plexus Computers’ rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Each party hereby irrevocably waives any and all rights to a jury trial and any objection which it may now or hereafter have to the laying of venue of any suit, action or proceeding relating to this Agreement in Millersville, Maryland and further irrevocably waives any claim that Millersville, Maryland is not a convenient forum for any such suit, action or proceeding.

7.8 General

This Agreement and any supplemental agreements with respect to the Service constitute the entire understanding between Plexus Computers 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 Plexus Computers in writing. You shall be responsible for and shall pay, and shall reimburse Plexus Computers on request if Plexus Computers is required to pay, any sales, use, value-added or other tax (excluding any tax that is based on Plexus Computers' 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.

Pricing Schedule

Pricing is based on the total amount of data protected on your server(s) as defined by these Service Plans:

Scheduled Backup Plans

* Cost for Base Plan, billed in advance on Billing Option selected.

-* Monthly fee per GB. Bi-actual cost over Minimum Commitment billed monthly in arrears.

Charges for all Plan Options are based upon the peak amount of server data under protection at any time during the monthly billing cycle, rounded up to the nearest full gigabyte.