Terms and Conditions of Use
DataNostra Products and Services - Terms and Conditions of Use
Updated and Effective as of March 21, 2009
READ THIS AGREEMENT CAREFULLY.
1. Definition of Terms
As used in these Terms and Conditions of Use: (a) "DataNostra," "we," "us," or "our" mean DataNostra Online Backup and its subsidiaries. (b) "You," "yourself", "user," "subscriber," "client," and "customer" refer to the individual or legal entity registering for or using the DataNostra Products or Services. (c) "DataNostra Products or Services" means data backup services, websites (including without limitation, www.datanostra.com), all other documentation, features, tools, DataNostra Software, and any other products or services provided by DataNostra or its authorized agents, distributors, and licencees. (d) "DataNostra Software" means software provided to you or for your use by DataNostra. (e) "Computer" means a desktop or laptop computer, network device, and any storage device attached to them in any fashion. (f) "Personal Information" means information that you may provide at the time of registration or otherwise, such as name, physical location or address, IP address, e-mail address, gender, year of birth, and postal code. (g) "Backup Data" includes any data you back up through Use of the DataNostra Products or Services and any related data that are in the possession of DataNostra or DataNostra Affiliates. (h) To "Publish" documents or information means to provide to or make them accessible to you by mailing, emailing, desktop messaging, faxing, or delivering them to you and/or by posting them to www.DataNostra.com or any other website you visit to register for, subscribe to, license, buy, or Use DataNostra Products or Services. (i) To "Use" DataNostra Products or Services means each time you visit a DataNostra website, register with DataNostra, download DataNostra Software, use DataNostra Software to encrypt or back up data, view the status of your Backup Data, store or restore Backup Data, or request support. (j) "DataNostra Affiliate" means persons or entities who have provided products, licences, or services to DataNostra and persons or entities with which DataNostra has entered into an agreement to sublicense or to provide DataNostra Products or Services to users.
2. Acceptance of Terms and Conditions of Use; Modification; Cancellation
3. Requirements for Registration or Use of DataNostra Products
DataNostra Products or Services are intended and offered only for lawful Use by individuals or organizations with the legal capacity and authority under applicable law to enter into a contract. DataNostra does not offer DataNostra Products or Services to minors or where prohibited by law. By registering for and/or by Using DataNostra Products or Services, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement to adhere to the DataNostra Terms and Conditions of Use and that you will Use DataNostra Products or Services only in accordance with these Terms and Conditions of Use and with all applicable laws. If you are Using DataNostra Products or Services on behalf of an entity or organization, you warrant, represent, and covenant to DataNostra that you are duly authorized to agree to these Terms and Conditions of Use on behalf of the organization and to bind the organization to them. You agree to provide accurate and complete information when you register for a DataNostra Product or Service and you agree to keep such information accurate and complete during the entire time that you Use DataNostra Products or Services. We may ask you from time to time to establish a user name or password to access or Use the DataNostra Products or Services. You are solely responsible for any consequences arising in whole or in part out of your failure to maintain the confidentiality of your username and/or password.
4. Lawful Use of DataNostra Products or Services
You may not Use DataNostra Products or Services for any unlawful purpose. Without limiting the foregoing: (a) DataNostra Products or Services may not be Used to store, backup, or distribute child pornography and may not be Used in violation of Australian export control laws or the export or import regulations of other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licences to export, re-export, or import as may be required.
5. Changes to DataNostra Products or Services
DataNostra has the right at any time to change, modify, add to, discontinue, or retire any DataNostra Product or Service and any aspect or feature of the DataNostra Products or Services including, but not limited to, the software, hours of availability, equipment needed for access or Use, the types of files that are backed-up (not every file on your computer is backed-up), the maximum disk space that will be allotted on DataNostra servers on your behalf either cumulatively or for any particular service, or the availability of DataNostra Products or Services on any particular device or communications service. DataNostra will provide notice of material changes to the DataNostra Products or Services or changes to this Agreement by posting them to www.DataNostra.com. DataNostra shall have no obligation to provide you with notice of any such changes in any other manner. It shall be your responsibility to check our website periodically to inform yourself of any such changes. From time to time, DataNostra may issue new releases, revisions, or enhancements to the DataNostra Products or Services available to you free of charge or for a fee. New releases, revisions or enhancements may be licensed, downloaded, and installed only to the extent that you hold a valid licence to Use the DataNostra Products or Services being updated or upgraded, and you may Use them only in accordance with the then-current Terms and Conditions of Use and any additional licence terms that may accompany them. DataNostra may automatically update DataNostra Products or Services you have inst alled on your computer without your prior consent. If any automatic updates involve the payment of additional fees, we will provide you with the opportunity to approve such fees prior to the new functionality being enabled. If you fail or refuse to approve such fees, DataNostra may, in its sole discretion, terminate your current licence, continue to support your current DataNostra Products or Services without the automatic update, or replace your DataNostra Products or Services with other DataNostra Products or Services. If DataNostra terminates your current licence on account of your failure or refusal to approve such fees, then DataNostra will refund, on a pro-rata basis based on the remaining term of the current licence, any fees related to the period during which you will not have access to your DataNostra Products or Services. If DataNostra updates the DataNostra Products or Services without requiring an additional fee and you object to such change, your sole remedy shall be to terminate your use of the DataNostra Products and Services.
6. DataNostra Licence to You; Renewals, Modifications, Limits
(a) Scope of Licence. DataNostra grants you a personal, non-exclusive, non-transferable limited and revocable licence to install the DataNostra Software only on one computer for which you have paid the applicable fees and taxes and from which you are licensed to access the DataNostra Products or Services, and to Use the DataNostra Products or Services for the sole and exclusive purposes of connecting to and using the DataNostra Products or Services for your personal or internal business purposes in accordance with these Terms and Conditions of Use, provided you comply and remain in compliance with this Agreement. We reserve all other rights to the DataNostra Products or Services. You may Use a licence for the DataNostra Products or Services with only one computer at a time. You may transfer your licence to another computer in the event that you cease to use the computer on which DataNostra Software was originally installed. If you wish to protect multiple computers, you must obtain a separate paid licence for each computer or you must obtain a multi-computer licence which will be applicable to the number of computers stated in such licence. To obtain such a licence, contact us at the place indicated in Section 33 (DataNostra Contact Information). You may not sub-license, or charge others to Use or access, the DataNostra Products or Services and you may not redistribute the DataNostra Products or Services or provide others with access to or Use of them, unless you have entered into a Reseller, Affiliate or similar Agreement with DataNostra to engage in this activity. Without limiting the forgoing, you will not permit others to Use the DataNostra Products or Services to access or decrypt data stored on servers provided by DataNostra or DataNostra Affiliates; you will not Use or permit others to Use the DataNostra Products or Services to decrypt data encrypted by others; and you will not Use or permit others to Use the DataNostra Products or Services to provide encryption or decryption services to others, whether or not such services are compensated. (b) Trial Licences. You may have received as part of your DataNostra licence the opportunity to extend the expiration date of your licence or trial through the Use of various marketing codes. If you do not enter these codes at the time you purchase your licence or start your trial licence, DataNostra will not add this additional time to your licence or trial at a later date. If you received a free trial or evaluation licence for which you have not paid a licence fee, DataNostra grants to you a personal, non-exclusive, non-transferable limited licence to Use the DataNostra Software in object code form only on one computer or device from which you are licensed to access and Use the DataNostra Products or Services during the trial or evaluation period in accordance with these Terms and Conditions of Use. You may only install one free trial or evaluation licence in each calendar year per computer. (c) Renewals. You agree that DataNostra shall have the right to automatically and without notice renew your licence to continue to Use the DataNostra Products or Services upon expiration of your then-current licence, and that as part of such renewal DataNostra shall have the right to charge the applicable renewal fees and any applicable taxes to any credit card you used to purchase your then-current licence. You agree that if you elect to not permit DataNostra the right to automatically renew your licence to Use DataNostra Products or Services or your credit card information on file with DataNostra does not permit automatic renewal, then DataNostra may terminate your licence. You agree that if you have licensed DataNostra Products or Services for a period of greater than ninety (90) calendar days you have thirty (30) calendar days from the date that your licence was renewed to elect to discontinue your Use of DataNostra Products or Services. If you have licensed DataNostra Products or Services for a period of less than or equal to ninety (90) calendar days you have seven (7) calendar days from the date that your licence was renewed to elect to discontinue your Use of DataNostra Products or Services. If you elect to discontinue your Use of DataNostra Products or Services within this period, you will be issued a full refund for the amount of your licence renewal. You are responsible for ensuring that DataNostra has current and accurate records necessary, to renew your licence, including without limitation, credit card data. (d) Upgrades. DataNostra may in its sole discretion provide automatic upgrades to the DataNostra Products or Services. These upgrades may not be consistent across all platforms and computers and that the performance and features offered by DataNostra may vary depending on your computer and other equipment. You agree that we may automatically check your version of the DataNostra Software and automatically update the DataNostra Software on your computer. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related activities and services. If you shut down your computer or the DataNostra Software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate. (e) Refunds. By purchasing a licence, you acknowledge that you are aware of the opportunity to "try before you buy" by using a free or evaluation DataNostra Product or Service. DataNostra does not offer any refunds for purchases of DataNostra Products or Services, except as expressly provided in this Agreement.
7. Assignment and Delegation by DataNostra
DataNostra may, in its sole discretion, transfer or assign all or any part of its rights in the DataNostra Software, the DataNostra Products or Services, and any licence or contract related thereto, and may delegate all or any portion of its duties, if any, under any such DataNostra Products or Services, licences, or other contracts.
8. No Transfers or Modifications by You
You may not sell, assign, grant a security interest in or otherwise transfer any right in the DataNostra Products or Services, nor incorporate them (or any portion of them) into another product or service. You may not copy the DataNostra Products or Services. 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 DataNostra Software or decrypt any files that are not associated with your computer. You may not modify the DataNostra Software or use it in any way not expressly authorized by these Terms and Conditions of Use. You may not obtain the communications protocol for accessing the DataNostra Products. You may not authorize or assist any third party to do any of the foregoing.
9. Protection of Files
You are solely responsible for protecting the information on your computer such as by installing anti-virus software, updating your applications, password protecting your files, and not permitting third party access to your computer. You understand that the DataNostra Products or Services may back-up files that are no longer usable due to corruption from viruses, software malfunctions or other causes. This might result in you restoring files that are no longer usable.
10. Deletion of Backup Data
DataNostra Software saves to a server operated by DataNostra or a DataNostra Affiliate an encrypted copy of each file you designate. The DataNostra Software scans for changes or additions to these files and then periodically creates an encrypted copy of modified or newly designated file. You will not be able to restore files that DataNostra has not completed copying or files that have been changed but not yet been backed up or not eligible for back up. DataNostra does not maintain a back-up copy of your data saved to our servers. Should your data be lost by DataNostra we will commercially make reasonable efforts to create a replacement back-up from the files stored on your computer. If your licence to Use DataNostra Products or Services expires, is terminated, is not renewed, or is otherwise discontinued for any reason, DataNostra and the DataNostra Affiliates may, without notice, delete or deny you access to any of your Backup Data that may remain in their possession or control. You agree that if you mark a file to no longer be backed-up, delete a file from your computer, or terminate or allow your trial or licence to terminate, non-renew, or otherwise lapse for any reason, that these files may not be available to you should you wish to restore them. You agree that DataNostra and DataNostra Affiliates may retain (but shall have no obligation to retain) your Backup Data for a period after your trial or licence has been terminated, expired, or otherwise lapsed, as part of DataNostra's marketing to you the opportunity to purchase, renew, or extend a licence.
11. Customer Support
DataNostra may, in its sole discretion, provide customer support or service to its customers. This service may be available only on selected days and during a limited number of hours. Service may also be available through only certain delivery vehicles such as email or telephone and some services may only be available for the payment of an additional fee or charge. As part of the delivery of services DataNostra may employ a variety of tools or services to aid in the process of resolving your issues as a user. You grant DataNostra the right to use these tools and hold DataNostra harmless for the use of these tools as well as the guidance provided by its customer support staff who in no way can be fully aware of all of the complexities associated with the DataNostra product, your computer, or all of the related or associated infrastructure such as your internet service provider's infrastructure.
12. Restrictions on Access to DataNostra Products or Services
You may access DataNostra Products or Services only through the interfaces and protocols provided or authorized by DataNostra. You agree that you will not access DataNostra Products through unauthorized means, such as unlicensed software clients. Certain DataNostra 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 header information.
You are responsible for obtaining and maintaining all of the hardware, software, and services that you may need to access and Use DataNostra Products or Services. Without limiting the foregoing, you must pay all charges, taxes, and other costs and fees related to obtaining your own Internet access, telephone, computer, and other equipment. and any communications or other charges incurred by you to access DataNostra Products or Services.
14. Termination and Fair Use Policy
DataNostra shall have the absolute and unilateral right in its sole discretion to deny use of and access to all or any portion of DataNostra products or services to users who are deemed by DataNostra to be using the DataNostra products or services in a manner not reasonably intended by DataNostra or in violation of law, including but not limited to suspending or terminating a user's account with DataNostra and the licence to use the DataNostra products or services. You agree that we may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of DataNostra Products or Services and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network resources and to take such technical and other remedies as we deem appropriate. Your consumption of DataNostra Products or Services may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of DataNostra's customers, generally. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative pricing plan that will permit you to continue to use DataNostra Products or Services. Although violations of this policy have been infrequent, we nevertheless reserve the right to terminate or suspend your licence and any licence to use the DataNostra Software, without prior notice in the event of a violation of this policy.
15. Data Collection, Encryption, Privacy, and Disclosure
(a) Warranty. DataNostra warrants that the DataNostra products or services perform substantially as specified in the applicable DataNostra documentation. If you satisfactorily demonstrate to DataNostra within such thirty (30) day period that a DataNostra product or service contains errors, then as DataNostra's sole and exclusive liability and as your sole and exclusive remedy, DataNostra shall at its sole option either use commercially reasonable efforts to correct the errors reported by you, replace the DataNostra product or services affected with a substantially conforming product or service, or refund the fee you paid for the DataNostra product or service and terminate your licence under the terms and conditions of use. DataNostra does not warrant the results of its correction or replacement DataNostra products or services. Correction or replacement under this section 16 (warranties), and the issuance of any corrections, patches, bug fixes, workarounds, upgrades, enhancements, or updates by DataNostra to you, shall not be deemed to begin a new, extended, or additional licence, licence period, or warranty period. (b) Disclaimer of other warranties. The limited warranty in the preceding paragraph is in lieu of all other warranties, express or implied, written or oral, including but not limited to, any warranty of merchantability, fitness for a particular purpose, or noninfringement, and any warranty arising by statute or otherwise in law, or from a course of dealing or usage of trade. DataNostra and the DataNostra affiliates do not warrant that the functions contained in the DataNostra products or services will meet your requirements, that the operation of the DataNostra products or services will be uninterrupted or error-free, or that defects in the DataNostra products or services will be corrected. DataNostra and DataNostra affiliates do not warrant or make any representations regarding the use or the results of the use of the DataNostra products or services in terms of their correctness, accuracy, reliability or otherwise. DataNostra and DataNostra affiliates do not represent or warrant that users will be able to access or use the DataNostra products or services at times or locations of their choosing, or that DataNostra and DataNostra affiliates will have adequate capacity for any user's requirements. No oral or written statement, information or advice given by DataNostra, DataNostra affiliates, or their respective employees, distributors, dealers, or agents shall create any warranties in addition to those express warranties set forth in this section 16 (warranties). You may have other statutory rights. However, to the full extent permitted by law, the duration of statutorily required warranties, if any, shall be limited to the warranty period.
17. Limitation of Liability
You agree to defend, indemnify and hold harmless DataNostra, DataNostra affiliates, and their respective directors, officers, employees and agents from and against all claims, damages, losses, liabilities, and expenses, including without limitation attorneys' fees, arising out of your use of the DataNostra products or services and/or your violation of any term of these terms and conditions of use. DataNostra 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 a defense for DataNostra in that matter. If DataNostra chooses to provide its own defense in connection with any matter subject to indemnification under these terms and conditions of use, you shall participate and cooperate in the defense of DataNostra and DataNostra affiliates, at your own expense, to the full extent requested by DataNostra.
19. Trademarks, Service Marks, and Other Intellectual Property
All trademarks, service marks or other similar items appearing on the DataNostra Products or Service are the property of their respective owners, including, without limitation, DataNostra, Inc. The DataNostra Products or Services are protected by copyright and other intellectual property laws, title, ownership rights, and intellectual property rights in the DataNostra Products or Services shall remain with DataNostra and its licensors. You agree not to take any action to jeopardize, limit, or interfere in any manner with DataNostra's or its licensor's ownership of or rights with respect to the DataNostra Products or Services.
20. Entire agreement
This agreement constitutes the entire agreement between the parties for the provision of Supplier Services by the Supplier to the Customer. Any prior arrangements, agreements, representations or undertakings are superseded. Any modification or alteration of any clause of this agreement will not be valid except in writing signed by each party.
21. High Risk Activity
You acknowledge and agree that the DataNostra Products or Services are not intended for use with any high risk or strict liability activity, including, without limitation, air or space travel, technical building or structural design, power plant design or operation, life support or emergency medical operations or uses, and that DataNostra makes no warranty and shall have no liability arising from any Use of the DataNostra Products or Services in any high risk or strict liability activities.
22. Dispute Resolution, Arbitration, Governing Law, and Venue
(a) Arbitration of Domestic Disputes. This agreement will be governed by and construed according to the law in New South Wales and the parties agree to submit to the jurisdiction of the courts and tribunals of that State. (b) Any dispute arising in connection with this agreement which cannot be settled by negotiation between the parties or their representatives will be submitted to arbitration in accordance with the Rules of Conduct of Commercial Arbitrations for the time being of the Institute of Arbitrators, Australia. During such arbitration, both parties may be represented by a duly qualified legal practitioner. (c) All other provisions of this Agreement shall be governed by and construed and interpreted in accordance with the internal laws of the Commonwealth of Australia, without regard to conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply.
23. Termination, Expiration, Cancellation
(a) Trial and Evaluation Licences. If this Agreement pertains to a trial, beta, or evaluation licence (such as a licence that provides a limited amount of back-up for free, for which you have not paid a fee and/or for which you do not pay a fee and associated taxes on or prior to expiration), the licence granted under these Terms and Conditions of Use will terminate upon the expiration or cancellation of the trial or evaluation period, when the DataNostra Product or Service you are using is no longer made available, six (6) months from the date you first installed the DataNostra Product and Service, or when DataNostra cancels or terminates the licence, whichever is shorter. You agree to Use the DataNostra Products or Services for no longer than the trial or evaluation period unless you enter into another licence and pay a licence fee and associated taxes as applicable, or DataNostra allows your licence to roll over for another one (1) year period which DataNostra may elect to do at its sole discretion and without notice to you. (b) All Other Licences; Limited Term. Your licence will end upon the expiration of its stated term, upon your non-renewal of the licences, upon your cancellation of the licence, when DataNostra elects to discontinue the product, upon your breach of these Terms and Conditions of Use (if such breach is not cured within the time indicated below in this Section 23 (Termination, Expiration, Cancellation), or when DataNostra cancels or terminates your licence, whichever occurs first (any such expiration, cancellation, discontinuation, or termination are referred to hereafter as "termination.") (c) Termination for Unlawful or Abusive Use, Other Breach. DataNostra may block your access to your Backup Data and/or terminate your Use of the DataNostra Products or Services if DataNostra reasonably believes that the Backup Data may contain child pornography or are being used to support other types of illegal activities, if providing DataNostra Products or Services to a person located in a particular country would violate U.S. or other applicable law, or if your continued Use of DataNostra Products or Services may damage, disable, overburden, or impair our servers or networks. If you breach these Terms and Conditions of Use, your right to Use the DataNostra Products or Services shall automatically terminate if you fail to cure the breach after seven (7) calendar days after notice from DataNostra or any of the DataNostra Affiliates, unless your breach is due to violations of Section 4 (Lawful Use), Section 8 (No Transfers or Modifications by You), Section 18 (Indemnification), Section 19 (Trademarks), in which case termination will be without notice and without any right to cure. Upon termination: i) you shall immediately cease any and all Use of the DataNostra Products or Services and delete all copies of them; ii) the DataNostra Software may be disabled by DataNostra without notice to you; and iii) you will no longer have the right to access or retrieve your Backup Data; you hereby grant DataNostra the unrestricted right to delete all such Personal Information and Backup Data at any time after termination, without notice.
In the event of any termination, expiration, or cancellation, the restrictions on your Use of the Software and the other applicable restrictions as set forth in Section 4 (Lawful Use), Section 6 (DataNostra Licence), Section 8 (No Transfers or Modifications by You), Section 16 (Warranties), Section 17 (Limitation of Liability), Section 18 (Indemnification),Section 19 (Trademarks, Service Marks, and Other Intellectual Property), Section 20 (U.S. Government Restricted Right), Section 21 (High Risk Activity), Section 22 (Dispute Resolution, Governing Law, Venue), Section 24 (Survival), Section 25 (Notice), Section 28 (Limitation on Actions), and Section 30 (Miscellaneous) shall survive such termination, expiration, or cancellation, and you agree to remain bound by those terms.
Any notice that may or must be given by DataNostra in connection with this Agreement or in connection with the Use of the DataNostra Products or Services, may be given by sending it to the email address provided by you upon registering for the DataNostra Products or Services or as you may provide from time to time thereafter by modifying your user profile at www.DataNostra.com. You are responsible for ensuring that your accurate email address is available to DataNostra and provide any needed updates. DataNostra may, in its sole discretion, use other means of providing notice, such as: desktop notification; regular, certified, or registered mail; fax; commercial delivery service; or messenger. All such notices shall be deemed given when dispatched with payment of delivery charges made or arranged. You hereby consent to receiving notice by any such means. Notwithstanding the foregoing, DataNostra has no obligation to provide notice or attempt to locate a customer other than through the email address provided.
26. English Language
These Terms and Conditions of Use were negotiated and written in English. Any inconsistency between the Terms and Conditions of Use as expressed in English and any other language shall, to the full extent permitted by applicable law, be resolved by reference to the English version. Les parties ont convenu de rediger cette entente en anglais.
27. Entire Agreement; Applicability of Terms; Construction; Limit to Modifications; Conflicts in Terms
These Terms and Conditions of Use (including the items incorporated by reference and modifications that may be made from time to time), constitute the entire agreement between DataNostra and you regarding DataNostra Products or Services, and supersedes all prior agreements between you and DataNostra regarding the subject matters hereof. Any item or service furnished by DataNostra in furtherance of these Terms and Conditions of Use, although not specifically identified in them, shall nevertheless be covered by these Terms and Conditions of Use unless specifically covered by some other agreement entered into in written or electronic form between you and us. Any modification or change in these Terms and Conditions of Use proposed or offered by you shall not become a part of these Terms and Conditions of Use unless accepted in a writing dated after the effective date of the applicable Terms and Conditions of Use and signed by an authorized officer of DataNostra. Should there be any conflict in terms between this Agreement and any other document, the terms and conditions set forth in this Agreement shall govern. Any references that are singular or plural and any references that are masculine, feminine, or neuter in gender, are meant to be used interchangeably as the context of the sentence might imply.
28. Limitation on Actions
Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law must be commenced within one year after the cause of action accrues.
29. Copyright Infringement Notification
As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding Web sites hosted by DataNostra: Customersupport@DataNostra.com If you believe content hosted by DataNostra infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512): (i) A physical or electronic signature of the copyright owner or authorized agent; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address); (v) A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree to reimburse DataNostra for any costs or fees related to its enforcement of this Agreement, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by DataNostra. DataNostra is not responsible for misprints, errors or omissions in its advertising and promotional materials. If you have designated a person (whether by email, orally, by registering such person with DataNostra, or by granting such person access to your username and password) to have access to your Backup Data, in the possession or control of DataNostra, you hereby grant DataNostra the right to give that person access to your Backup Data, including without limitation in the event of your death or incapacity
If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement will remain otherwise in full force apart from such provision which will be deemed deleted.
32. Billing Issues
You must notify us about any billing problems or discrepancies within sixty (60) days after they first appear on the statement you receive from your bank or credit card company or other billing company. Send such notification to us at the DataNostra Contact Information indicated in Section 33 (DataNostra Contact Information) below. If you do not bring such problems or discrepancies to our attention within that sixty (60) day period, you agree that you waive the right to dispute such problems or discrepancies.
33. DataNostra Contact information
If you have any questions or comments, please contact us at customersupport@DataNostra.com. Although we strongly prefer email communication, you may also send regular postal mail to: DataNostra Online Backup Unit C15, 372 Wattle Street Ultimo NSW 2007 Australia