The terms of this Section apply to the Web Agency Group LLC data backup and cloud service (the “Service”).
1.Description of Service.
A.The Service provides you with the ability to store and retrieve data from your computer or network and also allows you to send and receive stored files via the Internet.
B.Your right to use the Service is personal to you. You agree not to resell or make any unauthorized commercial use of the Service, without the express consent of Web Agency Group LLC.
C.You acknowledge and agree that Web Agency Group LLC assumes no responsibility whatsoever for the deletion of or failure to store or restore data.
A.You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video,any files, documents,messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Web Agency Group LLC, are entirely responsible for all Content that you upload, post,back up or otherwise transmit via the Service.
B.Web Agency Group LLC does not endorse or control the Content transmitted or posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You agree to comply with all United States, and Canadian laws regarding the transmission of technical data exported from the United States, and Canada through the Service and with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages, and therefore, your conduct is subject to Internet regulations, policies and procedures. You agree not to use the Service to violate this Agreement, the Acceptable Use Policy, or to otherwise engage in or assist or encourage others to engage in improper, questionable, infringing, illegal, harassing or abusive conduct, including, without limitation, using the Service to:
•upload, post or otherwise transmit any Content that is deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, in our sole discretion;
•harm minors in any way;
•impersonate any person or entity, including, but not limited to, a Web Agency Group LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
•forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
•upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
•upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
•upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
•upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
•disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
•interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
•intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, the CAN SPAM Act and any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
•“stalk” or otherwise harass another;
•collect or store personal data about other users; or
•promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites.
A.Notwithstanding anything to the contrary contained in the Services Agreement, you acknowledge and agree that Web Agency Group LLC or its selected contractors (if any), each in its sole discretion, may immediately terminate your Service, without notice to you, if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of this Agreement or the Acceptable Use Policy, including, without limitation, for nonpayment. In addition, either you or Web Agency Group LLC may terminate the Service with or without cause at any time and effective immediately upon notice of termination. Your notice of termination to Web Agency Group LLC must be in writing. Web Agency Group LLC shall not be liable to you or any third party for termination of the Service.
B.Furthermore, should you object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately: (i) discontinue use of the Service; (ii) terminate your Service membership; and (iii) notify Web Agency Group LLC of termination. Upon termination of the Service, your right to use the Service and any related software immediately ceases. You shall have no right and Web Agency Group LLC will have no obligation thereafter to store or backup any of your data or forward any unread or unsent messages to you or any third party, and Web Agency Group LLC shall have the right to delete any such data.
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