TERMS AND CONDITIONS OF USE
BILLING & PAYMENT TERMS.
Billing may be monthly, quarterly or annually at the beginning of service. Automatic recurring bill payments, via a credit card, will be setup for the quarterly billing option.
FAILURE TO PAY ON TIME.
In the event that you fail to pay the invoice when due, or we are unable to charge your credit card, MacMan, Inc. may immediately and without notice terminate this Agreement, including all rights to continue using Pulse backup service. If your payment becomes more than 7 days overdue, MacMan, Inc. reserves the right to delete any and all data you have stored with Pulse backup service.
PULSE BACKUP MAINTENANCE.
MacMan, Inc. will monitor the Pulse backup system, but we do not make any warranties or guarantees of the hardware, software or Internet connection our customers use. By using MacMan, Inc.’s Pulse backup service, you are agreeing to all the terms and conditions of MacMan, Inc. and the Code 42 End User License Agreement. Code 42 is the maker of CrashPlan, which powers the Pulse backup system.
LIMITATION OF MACMAN, INC. LIABILITY.
IN NO EVENT WILL MACMAN, INC. BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF CAPITAL OR OTHER
SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR ANY MACMAN, INC. PRODUCT FURNISHED OR TO BE FURNISHED BY MACMAN, INC. UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF MACMAN, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND THE AGGREGATE LIABILITY OF MACMAN, INC. UPON ANY AND ALL CLAIMS
HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY MACMAN, INC. PRODUCTS FURNISHED OR TO BE FURNISHED BY MACMAN, INC. UNDER THIS AGREEMENT WILL IN ANY EVENT BE
ABSOLUTELY LIMITED TO THE AMOUNT PAID BY YOU TO MACMAN, INC. FOR YOUR PURCHASES OF MACMAN, INC. PRODUCTS UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL OPERATE TO RELIEVE MACMAN, INC. FROM LIABILITY FOR ITS OWN WILLFUL OR WANTON RECKLESSNESS OR INTENTIONAL TORTS.
INDEMNITY BY YOU.
You will, to the fullest extent permitted by law, indemnify MacMan, Inc. against and hold MacMan, Inc. harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees in connection with investigating, defending, or settling any claim relating to or arising outacts or omissions on the part of you which gives rise to claims against MacMan, Inc. by third parties.
YOUR OBLIGATIONS. You represent and warrant that (a) you are the owner or an authorized user of the computer and data on which the Code 42 Products and MacMan, Inc. Pulse backup service are installed on or are used in conjunction with; and (b) you shall use the Code 42 products and MacMan, Inc. Pulse backup service only for lawful purposes, and will comply at all times with all applicable federal, state, and local laws and regulations applicable to the use of the same. You agree not to use any automated or manual process to interfere with, modify, or attempt to interfere with or modify the Code 42 Products and MacMan, Inc. Pulse backup service except to uninstall the same as provided herein.
a. ENFORCEMENT/CHOICE OF LAW/CHOICE OF FORUM. Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will be deemed severed from this Agreement, and all other provisions will remain in full force and effect.
b. ENTIRE AGREEMENT/NO WAIVER. This Agreement sets forth the entire agreement and understanding between MacMan, Inc. and you, the user of the Pulse backup system, regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. You acknowledge that it has not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained in this Agreement. This Agreement may not be modiﬁed or amended except as described herein or by a separate writing referencing this Agreement and signed by both you and an authorized representative of MacMan, Inc. The failure by MacMan, Inc. at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by MacMan, Inc. will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed. This Agreement will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and the state of Wisconsin without respect to its choice of law provisions. Any action between the parties will be venued in a state or federal court situated within the state of Wisconsin, and you irrevocably submit yourself to the personal jurisdiction of such courts for such purpose.
c. CORRECTION OF ERRORS AND INACCURACIES. This Agreement may contain typographical errors or other errors or inaccuracies and may not be correct or current. MacMan, Inc. reserves the right to correct any errors, inaccuracies or omissions and to change or update this Agreement at any time without prior notice. MacMan, Inc. does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
d. HEADINGS. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.