dataBASE Terms of Service

Terms of Service
Please read in full as subscribing to service constitutes acceptance of this Agreement.

1.	Notice to All Users

Before you click on the 'Submit Registration' button at the end of the Subscription enrolment Page, carefully read the following legal agreement ("Agreement") which sets forth terms for the use of the software and the cancellation of services provided to you by Custom Systems Niagara. You are consenting to be bound by and are becoming a party to the following license agreement. If you do not agree with the terms of the agreement, do not click the 'Submit Registration' button and do not use the software.

BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE PRODUCT (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

This is an agreement ("Agreement") between Customer ("Client") and Custom Systems Niagara ("Company").

2.	Responsibility

The Client is responsible for installing the software and making sure the proper files are selected for backup. The Client is also responsible for monitoring backup logs, schedules, and activity to determine if backups are running properly and on schedule.

The Client is responsible for the cost and maintenance of all telephone or other communication circuits required for data file transmission and system access. All data files are transmitted over communication company circuits, which are wholly beyond the control and jurisdiction of the Company and are maintained by the communications companies engaged for service by the Client. If these communication circuits are not functional for any reason, the data files may not accurately or completely reach the Company’s facility or equipment. The Company cannot be responsible for the continued operation or functioning of these communication circuits nor the reliability of the data files being received over them.

Standard recovery periods for archived backups is two (2) months. The Client may request additional recovery periods for up to ninety-nine (99) months.

3.	Term and Termination

Either party may terminate this Agreement by written notice thirty–days (30) in advance. In the event of non-payment of fees the Company may terminate service with a 10-day email notice to the latest available email address. Clients with delinquent accounts will be denied access to backup and restore services. There will be a $100.00 activation fee to re-activate the account. After a period of 90 days the files of any delinquent Client shall be deleted from the Company’s server after written notice by email to the latest Client email address known by the Company.

4.	Liability Limitation

The Company claims that the use of its products and services will increase the probability that lost, damaged or destroyed files, data or information may be successfully restored. Nevertheless, the Company makes no guarantee or warranty that the system and services will avert, avoid or prevent the loss of files, data or information or the consequences therefore, which the system or service is designed to provide due to any combination of natural disasters, technological failures and/or human activities.

5.	Force Majeure

Custom Systems Niagara shall not be liable for nonperformance, delay, errors, data loss or other loss caused by any event reasonably beyond Custom Systems Niagara control including, but not limited to acts of God, war, hostilities, revolution, civil disorder, national emergency, strikes, lockouts, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any law, proclamation, regulation, ordinance or other act or order of any court, government or governmental agency.

6.	Increases in Service Fees

Notwithstanding the terms and conditions set forth herein, after the expiration of the first year of this agreement the Company may, at any time, increase the fees and charges upon giving the Client notice in writing. In the event the Client shall be unwilling to pay the increased monthly charge, the Client may terminate this agreement upon giving notice in writing to the Company.

7.	Confidentiality

Custom Systems Niagara will use reasonable efforts to prevent the unauthorized disclosure of your confidential information and data. Custom Systems Niagara will not seek to decrypt your data. Custom Systems Niagara, however, will not be responsible for any matter beyond its reasonable control, including, without limitation, unauthorized electronic access of your confidential information or data. In the event that Custom Systems Niagara is served a subpoena or is otherwise legally compelled to provide access to your data, Custom Systems Niagara will provide you with notice of the same as soon as practical to enable you to take action you deem necessary to prevent any such access.

8.	Assignability of Contract

The Company shall have the right to assign this Agreement to any person, firm or corporation. The Client may assign this Agreement with written notice to the Company, including the proper billing instructions for the new Client. Such Client assignment shall be effective upon the Company’s approval of the new entity’s credit card, financial statement or with prepayment of fees, which approval shall not unreasonably be withheld.

9.	Warranty of Client

The individual signing this Agreement for the Client warrants that he/she has the authority to sign this Agreement and permit the installation of equipment and systems described herein, as well as the authority to contract for the services provided herein.

10.

Complete Agreement

This document, with specified addenda, is a complete agreement. Any representation, promise, condition, inducement or warranty, expressed or implied, verbal or written, unless expressed in writing in this Agreement or any Addendum thereto, shall not bind either party and the terms and conditions hereof apply as printed without alteration or qualifications except as specifically endorsed thereon in writing. A judicial determination nullifying any clause or condition herein shall not be deemed to nullify the balance of this Agreement, which shall remain in full force and effect.

11.

Acceptance

This Agreement shall not be binding upon the Company unless accepted by an officer of the Company. In the event of Non-Approval, the sole liability of the Company shall be to refund to the Client any amount that has been paid by the Client as part of this Agreement.

12.

Password Security

It is the FULL responsibility of CLIENT to write down the password or make a Local Recovery Disk. Custom Systems Niagara will not be held responsible for loss of password, loss or damaged recovery disks and does NOT maintain client passwords. CLIENT understands that without the password or recovery disk the encrypted stored data can not be retrieved and shall not hold Custom Systems Niagara responsible in any way for any losses of any kind whatsoever.

13.

Authority

The person accepting this agreement warrants he/she has the authority to enter into this agreement on behalf of customer and that customer will be bound by the terms of this agreement.

14.

Customer Contact Information

You may contact Custom Systems Niagara in writing by electronic-mail at support@mydatabase.ca, or by regular Mail to: dataBASE c/o Custom Systems Niagara, 1247 Garrison Rd., Fort Erie, ON, Canada, L2A 1P2