TERMS & CONDITIONS

TERMS & CONDITIONS
Please read these terms of use carefully before using Mastermind Data products and services

This Agreement is between Mastermind Data Corporation, Inc. (“Mastermind”) and you, as an authorized user of Mastermind products and services, and governs the terms and conditions of your use of Mastermind products and services (“Terms of Use”). This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Mastermind (collectively, the “Agreement”), constitutes the entire agreement between Mastermind and you regarding Mastermind Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.

You Must Agree To These Terms Of Use To Use Mastermind Products And Services
By using or registering for a Mastermind Product (defined below), you agree to these terms and conditions (“Terms of Use”) and the Mastermind Privacy Policy. You agree to accept notices electronically. Each time you use a Mastermind Product, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, you may discontinue using the Mastermind Products. You cannot use or sign up for Mastermind Products until you have accepted these Terms of Use.

Definition Of Terms
a. Mastermind Data Corporation, Inc. is referred to herein as “Mastermind,” “we,” “us,” or “our.”

b. You, as the user, are referred to herein as “you,” “user,” “subscriber,” “client,” or “customer.”

c. Mastermind Products. For purposes of these Terms of Use, the term ” Mastermind Products” shall mean Mastermind software (“Mastermind Software” or “Software”, whether preinstalled, on a medium, or offered by download), Mastermind services, Mastermind websites (including, without limitation, www.masterminddata.com) and all other software, features, tools, websites and services provided by Mastermind Data Corporation, Inc.

Modifications To The Terms Of Use
In the event that Mastermind makes material changes to these Terms of Use, all current Mastermind customers and trial users will be notified via email at least 30 days before the modified terms of use go into effect. Mastermind will email users at the email address(es) provided by each user and is not responsible for invalid addresses or undeliverable email. The modified Terms of Use will be posted on our website at least 30 days in advance of the effective date. You agree to the new posted Terms of Use by continuing your use of the Mastermind Products. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using Mastermind Products and cancel your registration.

Requirements For Use Or Registration Of Mastermind Products
The Mastermind Products are intended for general consumer use. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Use. Mastermind Products may require the user to register and provide certain personal information to Mastermind, such as name, e-mail address, gender, date of birth, zip code (the “Personal Information”). If you register for any Mastermind Product, you agree to provide accurate and complete Personal Information and you agree to keep such information current.

Registered User Information
The Mastermind Privacy Policy explains how Mastermind collects and uses Personal Information. You consent to Mastermind’s use of your Personal Information under the terms of the Mastermind Privacy Policy.

Lawful Use Of Mastermind Products
You may use Mastermind Products for lawful purposes only.

Description Of Mastermind Products
Mastermind is in the business of providing Internet-based backup products and services, the Mastermind Products. We want you to have the best possible experience in dealing with Mastermind and using Mastermind Products. Mastermind offers the Mastermind Products through its website www.masterminddata.com and through its retail partners and other vendors. Mastermind Products may backup specific file types, such as photos, music, home office application files, and other file types. Mastermind Products operate automatically with little user involvement, and work to back up your files whenever your computer is connected to the Internet.

Changes To The Service
Mastermind has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Mastermind Products including, but not limited to, the software, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on Mastermind servers on your behalf either cumulatively or for any particular service or the availability of Mastermind Products on any particular device or communications service. Mastermind has no obligation to provide you with notice of any such changes.

Mastermind License To You
Mastermind and its vendors grant you a non-exclusive, non-transferable limited license to install the software and services distributed by Mastermind in object code form only on any computer or device from which you wish to access the Mastermind service for the sole and exclusive purposes of connecting to and using the Mastermind Products in accordance with these Terms of Use. You may not sub-license, or charge others to use or access the Mastermind Service. Mastermind occasionally will provide automatic upgrades to improve your Mastermind experience, although these upgrades may not be consistent across all platform and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services.

You may not sell, assign, grant a security interest in or otherwise transfer any right in the Software or incorporate it (or any portion of it) into another product. You may not copy the Software. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Software. You may not modify the Software or use it in any way not expressly authorized by these Terms of Use. You may not obtain the communications protocol for accessing the Mastermind service, the Mastermind Products, or any other Mastermind services. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that Mastermind’s introduction of various technologies may not be consistent across all platforms and that the performance and features offered by Mastermind may vary depending on your computer and other equipment.

You agree to use install and use a paid subscription to any of the Mastermind Products on only one device at a time. If you wish to protect multiple devices, each requires a separate paid subscription.

Restrictions On Access To Or Use Of Mastermind Products
You may access Mastermind Products only through the interfaces and protocols provided or authorized by Mastermind. You agree that you will not access Mastermind Products through unauthorized means, such as unlicensed software clients. Certain Mastermind Products backup only certain types of files. You agree not to circumvent these limitations in any way, including but not limited to, changing file extensions or head information.

Communications
You are responsible for obtaining your own Internet access, such as maintaining all telephone, computer hardware and other equipment needed for access to and use of the Mastermind Products, and all charges related thereto. Any telephone or other communications charges incurred by you to access Mastermind are your responsibility.

Termination And Fair Use Policy
YOUR USE OF MASTERMIND PRODUCTS IS SUBJECT TO MASTERMIND’S “TERMINATION AND FAIR USE POLICY.” THIS POLICY IS INTENDED TO ALLOW MASTERMIND TO DENY SERVICE TO ABUSERS. USERS WHO ARE DEEMED TO BE “ABUSERS”, IN MASTERMIND’S SOLE DISCRETION, MAY BE NOTIFIED PRIOR TO SUSPENSION OR TERMINATION OF THEIR ACCOUNTS, HOWEVER, MASTERMIND RESERVES THE RIGHT TO TERMINATE OR SUSPEND SUCH ACCOUNTS WITHOUT PRIOR NOTICE IN THE EVENT OF A POLICY VIOLATION. ANY FAILURE BY MASTERMIND TO ENFORCE THIS POLICY WILL NOT PRECLUDE US FROM ENFORCING IT AT ANYTIME IN THE FUTURE, WHETHER FOR PAST OR CURRENT VIOLATIONS.

Software Data Collection And Privacy Policy
Mastermind needs to collect limited amounts of basic data about files on your computer. None of this data is shared with third parties. Mastermind’s software routinely scans your computer in order to detect new, modified or deleted data files that require our software to take further action to complete backup and restore operations. Mastermind’s software also catalogs the number and total storage size of various file types on your computer. Mastermind’s software inspects file headers and related information in order to confirm that each file’s type is properly represented by its file extension. Mastermind will never examine the contents of your files for any other purpose, and no information about a file’s content, other than its type (e.g. digital photos, word processing document, etc.) and size, will ever be collected, tracked or stored by Mastermind. Contents of all files are encrypted before they are transmitted to Mastermind’s data center. By using Mastermind Products, you expressly agree to allow Mastermind to collect and use data as specified in our “Software Data Collection and Privacy Policy.”

Disclaimer Of Warranty; Limitation Of Liability
DISCLAIMER OF WARRANTIES. YOUR USE OF MASTERMIND PRODUCTS AND SOFTWARE IS AT YOUR SOLE RISK. THE MASTERMIND PRODUCTS AND SOFTWARE ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, MASTERMIND AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE MASTERMIND PRODUCTS AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. MASTERMIND AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MASTERMIND PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MASTERMIND PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MASTERMIND PRODUCTS AND SOFTWARE WILL BE CORRECTED. MASTERMIND AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MASTERMIND PRODUCTS, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. MASTERMIND PROVIDES THE MASTERMIND PRODUCTS AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE MASTERMIND PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT MASTERMIND WILL HAVE ADEQUATE CAPACITY FOR THE MASTERMIND PRODUCTS AS A WHOLE.

LIMITATION OF LIABILITY. MASTERMIND’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH MASTERMIND (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOFTWARE OR MASTERMIND PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE MASTERMIND PRODUCTS AND SOFTWARE. MASTERMIND AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE MASTERMIND PRODUCTS, SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH MASTERMIND PRODUCTS AND SOFTWARE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MASTERMIND HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME PROVINCES, STATES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES, STATES, OR JURISDICTIONS, MASTERMIND AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification
You agree to defend, indemnify and hold harmless Mastermind, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of the Mastermind Products. Mastermind reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for Mastermind in that matter.

Trademarks
All trademarks appearing on the Mastermind Products are the property of their respective owners, including, without limitation, Mastermind Data Corporation, Inc.

Miscellaneous
The provisions of these Terms of Use addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property and governing law shall survive the termination of these Terms of Use and your registration with the Mastermind Products.

Updated March 2014