BluegrassNet Data Backup Policy 1. Description of Services BluegrassNet offers limited data back-up services as an ancillary service to web page hosting, server colocation, or database hosting. The specific scope of any back-up service is governed by a written and signed contract between BluegrassNet and the customer. In the absence of such a contract, all back-ups, insinuation of backups verbal or written, are delivered on a "best-efforts" basis. BluegrassNet makes no warranties as to the functionality, quality, or usability of any data that has been backed-up or recovered to and from BluegrassNet Back-up Systems. 2. Conditions of Use The customer, (You), are solely responsible for the content of all data You store or retrieve from, or attempt to store or retrieve from, Your Account and the Public Folders and for all transmissions by You from and to Your Account. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You will: (a) not use the Service for any illegal purposes; (b) not use the Service to store, retrieve, transmit or view any file, data, image or program that contains: (i) any illegal pictures, materials or information; (ii) any harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material of any kind or nature; (iii) any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; (iv) any code or material that violates the intellectual property rights of others; (v) any Windows temporary files of any kind (including, without limitation, any *.p or ~*.* files); or (vi) any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features; (c) comply with United States and other applicable law regarding the exportation and re-exportation of any data or other materials from the United States or other jurisdictions through the Service; (d) not use the Service for any spamming, chain letters or other use that may otherwise disrupt the Service or the networks through which You access and use the Service; (e) comply with all regulations, policies and procedures of networks through which You access and use the Service; and (f) not access or attempt to access any Service account for which You have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account.(g) not use sharing features in a way that amounts to 'publishing' and restrict the use of sharing features to share data between friends,colleagues and business partners, in a very limited sense. BluegrassNet may use automated procedures to detect unaccetpable level of usage and may immediately disable offending accounts, and the process of detection may vary from time to time, based on misuse detected. BluegrassNet back-up services are NOT intended for use in storing and disseminating large amounts of data to large number of recipients. It is an data storage and Backup service. BluegrassNet is not responsible for any business interruptions that may be caused due to this process. Any link(s) provided through a web site or a mass email to download/upload files stored at BluegrassNet is completely unacceptable and would be considered as violation of terms as per the (g) clause mentioned above. 3. Security of Stored Data and Files BluegrassNet will endeavor to restrict access to the data and files you store or retrieve from Your Account to persons accessing such data and files through use of Your Account or Password. However, no password-protected system of data storage and retrieval can be made entirely impenetrable. Accordingly, you hereby acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify and distribute the data and files you store in your Account. 4. Content of Stored Data and Files You are solely responsible for (a) obtaining sufficient rights to the content of all data and files stored by You on BluegrassNet's servers and (b) ensuring that such content does not include any of the items listed in paragraph 2(b) above. BlugerassNet normally does not review, inspect, edit or monitor any content, data or files stored by you or any other user of the Service, including, without limitation, for viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. However, if BluegrassNet has suspicion that an account is being used for storage and distribution of any illegal material such as copy-righted content, BluegrassNet reserves the right to examine the content of the online storage and backup account. BluegrassNet reserves the right to refuse, remove or disable access to any data or files stored on BluegrassNet's servers with immediate effect that BluegrassNet learns may be illegal, may violate the terms of paragraph 2 above, may violate the rights of any third party or otherwise may be reasonably objectionable. 5. Backups of your data BluegrassNet maintains daily, weekly, and otherwise "periodic" backups of data stored on BluegrassNet servers to assist customers in recovering from any software/hardware failures on BluegrassNet servers. BluegrassNet, unless otherwise contracted in writing, makes no promises or commitments on the timeliness, scheduling, or regularity of such back-up procedures, and reserves the right change such procedures at any time without directly notifying any effected customer. Subsequently, all backup services are "best efforts" services. 6. Disclaimer of Warranties The transmission, storage, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLUEGRASSNET, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). PLEASE NOTE THAT YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. BLUEGRASSNET MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA. 8. Limitations of Liability IN NO EVENT SHALL BLUEGRASSNET OR ITS ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN. 9. Indemnification You will defend, indemnify and hold BluegrassNet, its parents, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) Your use of Your Account and the Service, (b) any data files and content stored by You in Your Account and otherwise on the Pro Softnet servers and (c) any violation of this Agreement by You. 11. Notices Any notice under this Agreement given by BluegrassNet to you will be deemed to be properly given if sent by email to your email address as set forth in the Registration Information, or by a startup screen that starts before Your next use of the Service or by written communication mailed by first class U.S. mail to Your address on record in the Registration Information or by a display about the changed information in the agreement on the index page if the change is generic. It is important that you maintain a correct working email id and update it if necessary to be able to receive BluegrassNet's communication. Any notice under this Agreement given by You to Pro Softnet will be deemed to be properly given if received by email sent to Pro Softnet's Customer Service at support@IBackup.com. 13. Modifications to Policy The terms and conditions of this Agreement may be changed by BluegrassNet from time to time. Upon any such change, BluegrassNet will notify You of such change in accordance with paragraph 11 above and post an updated version of this Agreement on the BluegrassNet website located at http://www.bluegrass.net. Your use of any Services after such notification will constitute Your acceptance of such changed terms and conditions. 14. Miscellaneous Your right to use the Service is personal to You, and You will not assign any of Your rights, obligations or interest in this Agreement or Your Account. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. BluegrassNet's failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. This Agreement will be governed by the laws of the State of Kentucky. You consent to the venue and exclusive jurisdiction of the state and federal courts located in Jefferson County, Kentucky, U.S.A., with regard to any claim arising under or otherwise occurring by reason of this Agreement or Your use of the Service or Your Account. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.   BluegrassNet has been providing quality DSL, Web Hosting, Server Colocation, and Dial Up Internet Access since 1995. Louisville Office: 321 E. Breckinridge Street, Louisville, Kentucky 40203 (502) 589-4638 Lexington Office: 535 W. 2nd Street, Lexington, Kentucky 40508 Elizabethtown/Radcliff/Fort Knox: 347 W. Lincoln Trail, Radcliff, Kentucky 40106