TERMS & CONDITIONS
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.”
Requirements For Use Or Registration Of Mastermind Products
Registered User Information
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
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.
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.
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.
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.
All trademarks appearing on the Mastermind Products are the property of their respective owners, including, without limitation, Mastermind Data Corporation, Inc.