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Desktop Backup

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Accept the Terms and Conditions before going to the next step.
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A. TERMS AND CONDITIONS FOR USE OF TELUS DESKTOP AND ONLINE BACKUP This is a legally binding Agreement between you (either on your own behalf or as an authorized representative of your company or organization) (the "Customer") and TELUS Services Inc. ("TELUS"). It consists of Sections A, B, and C, and any policies or guidelines referred to in these Sections, and sets out the terms and condition that apply to your online purchase and use, in any manner, of the TELUS Desktop and Online Backup services (the "Services") by the Customer and its users. You must accept the terms of this Agreement prior to ordering or using the Services. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, AND ORDERING AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS AND CONDITIONS, AS WELL AS ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. TELUS may change this Agreement, any terms and conditions that apply to the Services, the charges for the Services, or any policy or guideline referred to in this Agreement at any time and from time to time in its sole discretion, and has the right to determine whether and when any such changes apply to both existing or future customers. Any changes will be posted by TELUS, and will become effective when posted, at http://www.teluscentral.com (the "Site"). TELUS will post the changes on the Site for 30 days. You are responsible for regularly reviewing the Site to obtain timely notice of such changes. Your continued use of the Services following TELUS' posting of any changes will constitute your acceptance of such changes. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, DO NOT CONTINUE TO USE THE SERVICES. B. GENERAL TERMS AND CONDITIONS 1. Services TELUS agrees to provide the Customer with the Services. 2. Term This Agreement comes into effect when accepted by the Customer, and remains in effect from month to month on the same terms and conditions, except that either TELUS or the Customer may terminate this Agreement by giving 30 days advance notice to the other. TELUS may change this Agreement or any terms and conditions that apply to the Service, the charges for the Services, and any policy or guidelines referred to in this Agreement as set out in Section A. 3. Charges and Payment The Customer shall pay all charges specified in this Agreement or on the Site, and all applicable taxes, assessments or government charges relating to the Services. Payment and billing options are selected by the Customer when ordering the Services on the Site. When the Customer pays by credit card, the Customer's right to use the Services is subject to any limits established by the Customer's credit card issuer or financial institution, and the Customer expressly authorizes TELUS or its agents to bill all charges for the Services to such card in advance. This authorization will survive termination of this Agreement until there are no charges owing by the Customer for the Services. If the Customer uses a credit card and TELUS does not receive payment from the card issuer, the Customer shall pay all unpaid charges, and all applicable taxes, assessments or government charges, on demand from TELUS. The Customer shall pay interest on all unpaid amounts at the rate shown on the demand or, if no interest rate is shown on the demand, at the simple interest rate of 2% per month (24% per year). The Customer must notify TELUS of any changes to the card account (including account number or cancellation or expiration of the account), billing address, or any information that may prohibit TELUS from charging the account. When the Customer does not pay by credit card, TELUS will bill the Customer for charges specified in this Agreement or on the Site, and all applicable taxes, assessments or government charges relating to the Services. Recurring charges will be billed monthly upon installation of any Services. Payment in full, without deduction or set off, of the amounts in each bill is due on the due date shown on the bill or, if no due date is shown on the bill, within 30 days of the date of the bill. The Customer shall pay interest on all overdue amounts at the rate shown on the bill or, if no interest rate is shown on the bill, at the simple interest rate of 2% per month (24% per year). 4. TELUS' Property Rights Title to, ownership of, and all intellectual property rights in, any facilities, equipment, software, systems, processes and documentation used to provide the Services ("Service Components") shall be and remain with TELUS, or its suppliers and licensors. Unless expressly stated elsewhere in this Agreement, this Agreement does not grant to the Customer any intellectual property or other rights or licenses in or to any Service Components. 5. Customer's Responsibilities The Customer shall comply with any restrictions on use of the Services in this Agreement, and with any use policies or instructions communicated to the Customer by TELUS, and the Customer shall not: (a) tamper with or change the Services or any Service Components; (b) abuse the Services or use them in a manner that interferes with any Service Components, TELUS' network, or the use of TELUS services by other persons, or in a manner that avoids the payment of any charges; or (c) use the Services in violation of any law. The Customer is responsible and shall indemnify TELUS for, and save TELUS harmless from and against, all charges, losses, costs, liabilities and damages ("Liabilities") of any kind whatsoever related to the use of the Services by the Customer or any person other than TELUS, including the manner in which the Services are used and the Customer's data, equipment and software (if any) used with the Services, but not including any Liabilities caused by TELUS. The Customer is responsible for the selection, supply, installation and maintenance of all data, equipment, software and services necessary for use or used in conjunction with the Services. 6. Exclusion of Warranties TELUS does not guarantee error-free or uninterrupted operation of the Services, and the Services are provided on an "as is" and "as available" basis. TELUS makes no warranties, representations or conditions of any nature whatsoever, either express or implied, and all warranties, representations and conditions are, to the extent permitted by applicable law, excluded. 7. Limitation of Liability Except for the obligations of indemnity in this Agreement, neither party (nor its suppliers or customers) shall be liable to the other party for any damages for loss of profits or business, loss or damage to data or failure to realize expected savings, or for any punitive, consequential, incidental or indirect damages, related to the use of or inability to use the Services, even if the party could reasonably foresee or has been advised of the possibility of such damages. The aggregate liability of TELUS and its Affiliates to the Customer relating to or arising out of this Agreement, whether in contract, tort or otherwise, shall not exceed the total charges paid by the Customer for the Services in question during the one-year period immediately preceding the event which gave rise to the claims. 8. Suspension and Termination TELUS may restrict, suspend or terminate some or all of the Services or terminate this Agreement if the Customer fails to pay, or TELUS fails to receive payment of, any amounts due under this Agreement, or if TELUS determines, in its sole discretion, that the Customer is an unacceptable credit risk, provided that TELUS gives 5 days advance notice to the Customer, and, despite any other provision in this Agreement, TELUS may immediately restrict, suspend or terminate some or all of the Services without notice to the Customer: (a) to prevent damage or degradation to TELUS' network or any Service Components that may be caused by the Customer or any person using the Services; (b) to comply with any law, regulation, court order or other governmental request or order; (c) for a violation (as deemed by TELUS in its sole discretion) of any provisions of this Agreement relating to the use or misuse of the Services by the Customer, including any policies or instructions communicated to the Customer by TELUS; or (d) to protect TELUS from legal liability or from other acts or omissions of the Customer that may be deemed, in TELUS' sole discretion, to be illegal. In addition to TELUS' rights above, either TELUS or the Customer may terminate this Agreement and the Services by giving notice to the other if the other: (a) is in material default of any provision of this Agreement, and does not remedy that default within 30 days after receiving notice of the material default; (b) becomes insolvent or bankrupt; (c) appoints, or has appointed for it, a receiver or trustee in bankruptcy; (d) makes an assignment or takes any other action for the benefit of its creditors; (e) has instituted against it any proceeding in bankruptcy, receivership or liquidation, and such proceedings continue for 30 days without being dismissed; or (f) is wound up or dissolved. The Customer may terminate some or all of the Services or this Agreement at any time by giving at least 30 days advance notice to TELUS. If any Services or this Agreement are terminated prior to the end of the Minimum Term by either the Customer or TELUS, for any reason, the Customer shall pay TELUS all unpaid charges up to the end of the billing period in which the termination is effective. 9. Regulatory Compliance No Bundling. TELUS and the Customer acknowledge and agree that: (a) the charges for, and availability of, the Services are in no way contingent or conditional on the Customer subscribing for the provision of any tariffed or tariffable service from a TELUS Affiliate; and (b) non-forborne telecommunications services, and bundled services that include non-forborne telecommunications services, are required to be provided, and shall only be provided, in accordance with tariffs approved by the Canadian Radio-television and Telecommunications Commission. Tariffs Applicable to the Services include the following: None. The Services are either non-regulated or forborne. Customer Information. In relation to all telecommunications services provided by TELUS Communications Inc. ("TCI"), unless the Customer provides express consent or disclosure is pursuant to a legal power, all information kept by TCI regarding the Customer, other than the Customer's name, address and listed telephone number, is confidential and may not be disclosed by TCI to anyone other than: the Customer; a person who, in the reasonable judgement of TCI is seeking the information as an agent of the Customer; another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose; a company involved in supplying the Customer with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; an agent retained by TCI to evaluate the Customer's creditworthiness or collect the Customer's account, provided the information is required for and is to be used only for that purpose; or to a public authority or agent of a public authority, if in the reasonable judgement of TCI it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information. Express consent may be taken to be given by the Customer where the Customer provides written consent, oral confirmation verified by an independent third party, electronic confirmation through the use of a toll-free number, or electronic confirmation via the Internet. Consent. The Customer consents to the disclosure of and sharing by the TELUS Affiliates and their agents of information that they have about the Customer in order to assess the Customer's creditworthiness and to market or provide TELUS products and services, including products and services provided by third parties in association with the TELUS Affiliates. 10. Other Interpretation. The headings in this Agreement shall not affect the interpretation of any provision of this Agreement. The words "including" and "includes" mean "including without limitation" and "includes without limitation". An "Affiliate" means an affiliated body corporate as defined in the Canada Business Corporations Act and, in the case of TELUS, means an affiliated body corporate (as so defined) of TELUS Corporation and any partnership or other unincorporated association in which TELUS Corporation or any of its affiliated bodies corporate has a controlling interest. TELUS. "TELUS" means TELUS Services Inc. Assignment. The Customer shall not assign all or any part of this Agreement without the prior written consent of TELUS. TELUS may withhold its consent to a proposed assignment by the Customer to a person who is in the business of providing telecommunications or telecommunications-related products or services. TELUS may assign or subcontract all or any part of its rights and obligations under this Agreement or the Services without notice to or consent of the Customer. Relationship. This Agreement does not create or imply any agency, partnership, or other joint relationship between the parties, and does not authorize either party to bind or obligate the other in any way. Force Majeure. TELUS is not responsible for performance of, or in default of, any obligation or provision of this Agreement where delayed, hindered or prevented by labour disruptions, failure of the networks of other companies, casualties, civil disturbances, legislation, regulation, judicial order, acts of military authorities, accidents, fires, natural disasters or other catastrophes or events beyond TELUS' reasonable control. Severability. If any part of this Agreement is void, prohibited or unenforceable, this Agreement shall be construed as if such part had never been part of this Agreement. No Waiver. The failure of the Customer or TELUS to exercise any right under this Agreement, or to insist upon strict or full performance of the obligations under this Agreement, shall not constitute a waiver or relinquishment of any provision of this Agreement. In order to be binding upon a party, any such waiver must be express and in writing signed by that party. The rights of the parties under this Agreement are cumulative and not alternative. Survival. Any provisions of this Agreement which, expressly or by their nature, extend beyond the termination of this Agreement, shall survive any termination of this Agreement. Law. TELUS and the Customer shall comply with all laws applicable to the exercise of their rights and performance of their obligations under this Agreement. This Agreement shall be subject to and interpreted in accordance with the federal law of Canada and the laws of the province in the Customer's billing address in the Solution Details, without regard to that province's choice of law rules. Venue and jurisdiction shall be in such province. Notices. All notices necessary under this Agreement by the Customer shall be given by email to asp@telus.com, and the e-mail notice must provide TELUS with sufficient information so that TELUS may properly identify the Customer and the Customer's account. All notices necessary under this Agreement by TELUS shall be given by email to the email address specified by the Customer when first ordering the Services. TELUS and the Customer may change their email address for any such notices by sending a notice of the new email address to the email address of the other. Entire Agreement. This Agreement forms the entire agreement between the parties, and supersedes all prior written and oral communications and agreements between the parties, concerning the Services. C. SERVICE TERMS AND CONDITIONS 1. Description and Charges 1.1 The Services provide the customer with remote data backup storage and retrieval service for one PC. 1.2 Monthly Charges The fixed monthly charges for the Services are set out at http://www.teluscentral.com/. Charges for the Services are not pro-rated, and the Customer must pay the full monthly charge regardless of when it was ordered during a billing period. 2. Customer Responsibilities 2.1 Connection The Customer is responsible for obtaining Internet access services or other services (under a separate agreement with TELUS or other service provider) for the purpose of connecting to and using the Services. 2.2 Third Party License Terms Use of the Services is also governed by the specific license terms and conditions set out in the Connected End-User License Agreement, and use may also be subject other conditions of use, upon the Services. The Customer shall comply with the license terms and conditions and any other conditions of use. 2.3 Use The Customer is responsible for maintaining the security of, and is responsible for the actions of any party using, all user IDs and passwords assigned to the Customer. The Customer will immediately advise TELUS by email or telephone of any unauthorized use of the Services or the user IDs or passwords, or of any other breach of security, and will provide assistance requested by TELUS to stop or remedy any breach of security. The Customer and its users will not attempt to gain or allow access to any data, files or programs to which they are not entitled under this Agreement and if such access is obtained, the Customer and its users will immediately return such materials to TELUS and/or its suppliers and licensors, without using, copying, disclosing or distributing it. The Customer and its users shall: (a) not resell the Services, or access to the Services, directly or indirectly to third parties; (b) comply with TELUS' acceptable use policy published at http://www.telus.com/aup; and (b) not permit any person under the age of majority to use the MS Exchange 2000 Services, and , if the Customer is an individual, the Customer warrants that (s)he is at least of the age of majority. 2.4 Content The Customer is solely responsible for all information, data, software or other material or content transmitted, stored or received by the Customer using the Services ("Customer's Content"). TELUS exercises no control whatsoever over the content, accuracy or quality of any Customer's Content. TELUS is not responsible for checking, verifying or editing the Customer's Content or completeness or for detecting errors or anomalies or for recreating or re-transmitting data. 2.5 Enforcement In addition to its rights in the General Terms and Conditions, TELUS has the right to block access to, or to remove or require the Customer to remove from the Service Components, any Customer's Content that violates any provisions of this Agreement, that may expose TELUS to legal liability, or that may be deemed, in TELUS' sole discretion, to be illegal, objectionable or infringing on any third party's rights. If TELUS exercises any of these rights, it is not obligated to refund any charges paid in advance by the Customer. To prevent damage or degradation to TELUS' network or any Service Components, or to comply with any law, regulation, court order or other governmental request or order, TELUS may access and disclose the Customer's Content or any information it considers necessary or appropriate, including, without limitation, user profile information (name, email address, etc.), IP addressing and traffic information, or usage history. 3. Customer License Terms The use of the Services is also subject to the following software license terms and conditions, which form part of these Service Terms and Conditions. In the Customer License Terms, "you" and "your" means and refers to the Customer and its users. CUSTOMER LICENSE TERMS CONNECTED CORPORATION ("Connected") END-USER SERVICES AND LICENSE AGREEMENT TELUS is willing to license to you its proprietary software program in object code form (the "Software") only upon the condition that you accept all of the terms of this Agreement. In the event you do not agree with any of these terms or conditions, do not install the Software or access the TELUS online backup services (the "Services"). Please read carefully the terms and conditions of the Agreement below before installing any Software or accessing the Services. By clicking the I accept icon below, or by installing, copying or otherwise using the Software or accessing the Services, you agree to be bound by the terms and conditions of this Agreement. The Software contains some or all of the following: (a) "Server Software" that provides services on the server and (b) "Client Software" that allows a personal computer to access or utilize services provided by the Server Software. UNDER NO CIRCUMSTANCES WILL CONNECTED BE LIABLE FOR DATA WHICH WAS NEVER SENT TO THE OPERATIONS CENTER BY THE SOFTWARE. YOU ARE ADVISED TO CHECK THE LOG FILE TO ENSURE THE DESIRED FILES HAVE BEEN TRANSMITTED. Connected owns the Software. Under the terms of this Agreement, you receive only a limited right to use the Software. Subject to all of the terms of this Agreement, including, without limitation, the payment of any applicable fees for the Software and Services, Connected grants to you the non-exclusive, non-transferable right to: (a) use the Client Software on any personal computer, as long as it is used in conjunction with the Services and after registering each such personal computer for said Services; (b) use the Server Software on a single server to provide the Services for internal use only after registering the Server with Connected; and (c) copy the Software into any computer for back-up purposes in support of your use of the Software and Services, after successfully registering for said Services. Any other use is strictly prohibited. You may not use, copy, modify or transfer the Software or any copy, in whole or in part, except as expressly provided in this Agreement. You agree not to make any attempt to decompile, disassemble or reverse engineer the Software or otherwise discover or derive the source code or underlying processes, ideas, structure, organization or algorithms of the Software. Under no circumstance shall the Services, if hosted by TELUS, be used by servers, defined as systems that are accessed by and/or store data for multiple PC computers. In addition, under no circumstance shall the Services, if hosted by TELUS, be used on PC systems used for extensive multimedia processing including, but not limited to, storing, processing or playing very large quantities of picture, video, and/or sound files. COPYRIGHT All intellectual property rights in the Software and user documentation are owned by TELUS and, as applicable, its suppliers, and are protected by United States copyright laws, other applicable laws and international treaty provisions. TELUS and its suppliers retain all rights not expressly granted pursuant to this agreement. TERM AND TERMINATION This license agreement is effective for the period of time for which you have prepaid Connected, unless sooner terminated as permitted herein. You may terminate this license agreement at any time by destroying the Software, together with all copies in any form, and by canceling the associated Services by giving written notice to Connected. You acknowledge and agree that all prepaid fees are non-refundable. Connected may terminate this license agreement upon written notice to you if you fail to pay the fee set forth by Connected for the Services associated with the Software within 30 days of the due date. Connected may also terminate this license agreement upon written notice to you at any time if you fail to comply with any term or condition of this Agreement. You agree to destroy the Software, together with all copies in any form, upon any termination of this Agreement. ALL OF YOUR DATA WILL BE DELETED FROM CONNECTED'S SERVERS 30 DAYS AFTER THE TERMINATION OF THIS AGREEMENT. During such 30 day period, upon payment of all sums due and owing, Connected will, at your request and expense, return your data to you. Termination of this license agreement does not relieve you of any obligation to make any outstanding payments due or any liability arising prior to termination. The provisions of this license agreement governing ownership rights, limited remedies, limitation of liability and the section entitled "General" shall survive expiration or termination of this license Agreement. LIMITED WARRANTY AND REMEDIES TELUS warrants that the Software and Services will perform substantially in accordance with the accompanying help file for 90 days after the shipment of the Software ("Warranty Period"). This Limited Warranty is void if failure of the Software or Services has resulted from an accident, abuse, misapplication, or modification of the Software or Services. CONNECTED DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. You assume responsibility for the selection of the Software and Services to achieve your intended results and for the installation, use and results obtained. EXCEPT AS EXPRESSLY SET FORTH ABOVE, CONNECTED SHALL HAVE NO LIABILITY FOR THE SOFTWARE OR ANY SERVICES PROVIDED, INCLUDING ANY LIABILITY FOR NEGLIGENCE. CONNECTED MAKES AND YOU RECEIVE NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND CONNECTED EXPRESSLY DISCLAIMS THE SAME AND ALL WARRANTIES NOT STATED HEREIN. SHOULD THE SOFTWARE OR SERVICES NOT MEET THE LIMITED WARRANTY SET OUT ABOVE DURING THE WARRANTY PERIOD, CONNECTED'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO, AT CONNECTED'S OPTION (I) REPAIR OF THE SOFTWARE, OR (II) REPLACEMENT OF THE SOFTWARE, OR (III) RE-PERFORMANCE OF THE SERVICES OR, (IV) IF NEITHER (I), (II) NOR (III) IS COMMERCIALLY REASONABLE, AS DETERMINED BY CONNECTED, THE RETURN OF THE FEES PAID BY YOU FOR THE SOFTWARE AND SERVICES. LIMITATION OF LIABILITY IN NO EVENT WILL CONNECTED BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, LOST DATA OR OTHER DAMAGES ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE AND SERVICES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH CLAIM IS BROUGHT, EVEN IF CONNECTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. THIS LIMITATION OF LIABILITY IS REFLECTED IN THE PRICING OF THE SOFTWARE. YOUR COVENANTS During the term of this Agreement you will not use the Services or Software for information, data or material that (a) infringes on the intellectual property rights of any third party or any rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation (including but not limited to the laws and regulations governing export control, unfair competition, anti-discrimination or false advertising); (c) is defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (d) is obscene, pornographic or indecent in violation of applicable law; (e) contains any virus or other programming routine intended to damage any system or data; or (f) is provided in breach of any prior contractual commitment to any third party. In addition, you will not export or re-export the Software to Cuba, Iran, Iraq, North Korea, Libya, Sudan, or Syria, or anywhere else where prohibited by the United States export regulations. NO CRITICAL APPLICATIONS You will not use the Software or Services in any application that may involve risks of death, personal injury, severe property damage or environmental damage, or life support applications, devices or systems. GOVERNMENT END-USER NOTICE The Software is a "Commercial Item," as that term is defined at 48 C.F.R & 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. ? 12.212 and 48 C.F.R. ? 227.7202, as applicable. Consistent with 48 C.F.R. ?? 12.212, 227.7202-1 through 227.7202-4, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end-users (a) only as Commercial Items and (b) with only those rights as are granted to all other end-users pursuant to the terms and conditions herein. GENERAL Except as modified by a written agreement signed by TELUS and you or your employer, this Agreement is the complete and exclusive statement of the Agreement between us and supersedes any prior agreements (including your purchase order) between us relating to the subject matter hereof. No oral statements, promises or agreements will alter the terms of this Agreement. If any provision of this Agreement is held unenforceable, the unenforceable provision will be construed in accordance with applicable law as nearly as possible to reflect our mutual original intent, and all other provisions will remain in full force and effect. I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.