Terms and Conditions

TERMS AND CONDITIONS

THIS IS A LEGAL BINDING CONTRACT. IF YOU HAVE ANY QUESTIONS CONCERNING YOUR RIGHTS OR RESPONSIBILITIES UNDER THIS CONTRACT CONTACT AN ATTORNEY BEFORE YOU ORDER ANY STORAGE SERVICES.

Ordering a Storage Plan with Advanced Info Storace, Inc. (hereafter “AIS”) signifies that the Customer agrees to and abides by the following contractual provisions (hereafter "Agreement").

Customer agrees that if account is not cancelled within the trial period that payment will be due for the current month and the Customer will enter into a recurring billing cycle for the plan which will be determined by the amount of space being stored at that time. Billing will occur on the 15th of every month until cancelled by the Customer. If customer decides to cancel during the trial period, they must un-install the software and notify us in writing before the trial period is over, otherwise, the customer will still be considered as an active account and therefore will be billed accordingly.

In consideration of AIS' providing services to Customer, in which Customer agrees to timely pay for said services, which each party acknowledges as good and valuable consideration both parties agree that:

Both parties agree that the purpose of this Agreement is for AIS to provide storage services to the customer which includes, but is not limited to, the following services: providing disk space on an internet server, allowing said disk space to be accessible over the internet, and to generally provide customer with the services more fully described on the storage plans web page at the time customer orders storage services. These storage services may increase or decrease over time, however before any decrease in services the Customer will receive written notification of a decrease in services and be provided either a future account credit or the ability to terminate the Agreement, whichever AIS agrees to at the time of the decrease. There shall be no compensation of any sort past the date of acceptance of the decrease provided by AIS at the time of the decrease of services.

Customer agrees that Customer will abide by, at all times, all the terms conditions in the current Terms and Conditions Page and Privacy Policy. Failure to do so is considered a breach of this Agreement and Customer agrees that in the event of a Customer breach due to violations of the Terms and Conditions Policy Customer shall forfeit any monies paid to AIS as compensation for said breach in addition to all damages suffered by AIS due to a violation of the Terms and Conditions Policy. In the event the breach involves spamming, or any related activity to spamming, Customer agrees to pay a penalty of $750.00 (U.S. Dollars) for each violation in addition to any damages caused to AIS and Customer fully acknowledges and authorizes AIS to debit any credit card said amount for each violation. If no credit card is available, Customer agrees to be liable for all court costs, and will be liable to AIS for all attorneys' fees AIS has to pay to proceed in the recovery of said monies.

Customer acknowledges that there may be limits upon Customer's account and that violating said limits of the account shall incur additional fees above and beyond the base price for the storage plan. A few of these additional fees which may be charged to Customer's account, without Customer's prior knowledge include, but are not limited to, overages on the amount of disk space used by Customer, overages of the transfer rate for Customer's account, and/or using an account in violation of the current Terms and Conditions Policy. A full listing of the additional fees can be found on AIS' web site or by e-mailing AIS' Sales Staff. Overages based upon the transfer rate will be rounded up to the next highest gigabyte for fee calculations. It is the Customer's responsibility to be aware of the fee schedule and to monitor Customer's account. There is no responsibility for AIS to notify Customer of an upcoming overage or notification that Customer may exceed Customer's limit.

Customer acknowledges that Customer's account will automatically renew after the initial term of the storage plan unless Customer provides AIS a cancellation notice 30 days before the expiration of the current contract period. Customer may, however, terminate this Agreement at any time before the expiration of the contract period but will not receive a pro-rata refund for any portion of the storage plan contract period not utilized. Customer further acknowledges that AIS can terminate this Agreement at any time for violations of the current Terms and Conditions Policy and not provide Customer a refund of any monies paid if Customer has violated the current Terms and Conditions Policy. If AIS decides to terminate this Agreement for any other reason besides violations of the current Terms and Conditions Policy, Customer will receive no refund of the storage plan period not utilized by the early termination by AIS.

Customer acknowledges that if Customer uses AIS' services and then initiates a chargeback(s) after using services defined under this Agreement, AIS will notify the local law enforcement office of the theft of services and will institute civil proceedings to recover the monies due under this Agreement. Customer acknowledges that if AIS institutes civil proceedings to recover said monies, Customer agrees that Customer will be liable for all court costs, and will be liable to AIS for all attorneys' fees AIS has to pay to proceed in the recovery of said monies.

AIS RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY REASON NOT PROHIBITED BY LAW. AIS ALSO RESERVES THE RIGHT TO TERMINATE SERVICE TO ANY CUSTOMER FOR ANY REASON NOT PROHIBITED BY LAW. YOU AGREE TO USE ALL AIS SERVICES AT YOUR OWN RISK. AIS SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND IN NO EVENT SHALL AIS BE LIABLE FOR ANY LOSS, OR LOSS OF DATA, OR OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES CAUSED BY ANY NEGLIGENCE BY AIS OR ANY SUPPLIER, PROVIDER OR OTHER BUSINESS ASSOCIATED WITH AIS. CUSTOMER FULLY UNDERSTANDS THAT CUSTOMER IS ULTIMATELY RESPONSIBLE FOR THE BACKUPS OF ALL OF THEIR WEBSITE DATA AND CUSTOMER CANNOT HOLD LIABLE AIS FOR THE LOSS OF SUCH DATA.

Customer agrees that it shall defend, indemnify, save and hold AIS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against AIS, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless AIS against liabilities, including but not limited to, the following:

1. Any injury to person or property caused by any products sold or otherwise distributed in connection with AIS services;
2. Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
3. Copyright infringement and/or
4. Any defective products sold to customer from AIS.

Customer agrees that Customer's sole remedy in the event of a default by AIS is the recovery of the amount of money paid to AIS by Customer as liquidated damages and that there shall be no money paid for damages based upon negligence, tort liability, punitive damages, consequential damages and/or any attorneys' fees paid Customer in pursuing any rights Customer may have under this Agreement or the law.

Customer agrees that Customer is the end user of these services and that Customer cannot assign, sublet, resell or otherwise distribute these services to anyone else without prior written consent of AIS.

Customer and AIS agree that venue and jurisdiction for any disputes arising from this Agreement shall be litigated in the county of the state where AIS' business office is currently located and all disputes against AIS by Customer must first go to non-binding mediation, and attempt to resolve the dispute in good faith, in the venue and jurisdiction of AIS' business office. Failure of Customer to attempt a good faith resolution in non-binding mediation shall prohibit Customer from proceeding in a civil court action.

This Agreement constitutes the entire Agreement between the parties. There are no other representations, either oral or written (except those mentioned herein), between the parties with respect to this Agreement.

This Agreement is the result of negotiations by both parties and the authorship of this Agreement shall be neutrally interpreted and not strictly interpreted against the drafter.

If a court of competent jurisdiction shall invalidate any provision or section within this Agreement such adjudication shall not render the rest of this Agreement invalid or void.

This Agreement is subject to, shall be interpreted by, and governed by the laws of the Commonwealth of Massachusetts..