A critically important step in the installation of the backup software on each computer is the creation of a private encryption key. Any combination of natural disaster, technological failures and/or human activities may cause us to lose our copies of your files, although we believe the chances of loss to be extremely small. Still, WE MAKE NO GUARANTEE OR WARRANTY THAT THE SYSTEM AND SERVICES WILL AVERT, AVOID OR PREVENT THE LOSS OF FILES, DATA OR INFORMATION THAT WE MAINTAIN. We will always do our best to use effective methods of storage and to make the contents of this storage readily available to you. We rightfully claim that the use of our services will greatly increase the likelihood that your files that get lost, damaged or destroyed may be successfully restored from a backup copy you have stored on our service. DAMAGES EXCLUSION AND WARRANTY DISCLAIMER.If you pay us by credit card, and we subsequently receive an errant chargeback against your card, you agree for us to reprocess your charge along with an additional $25 service fee. In the event that your account remains unpaid at any time for more than thirty (30) days, we shall have the right to charge interest on the past due amount at an interest rate not to exceed one and one-half percent (1.5%) per month to be calculated monthly on the past due amount together with accumulated interest.We will assess you, and you agree to pay, a service fee of $35 per bounced check (or failed electronic funds transfer) if for any reason your financial institution does not pay us. The rate we charge you may vary according to your specific needs, primarily the amount of disk storage available for your use and the number of computers that are authorized to use the service. Irrespective of the service duration you select, if service is terminated for any reason other than our breach, we will make no pro-rata adjustments or refunds of any previously paid fees. We offer prepaid service contracts of varying durations, some of which may be discounted, and are strictly non-refundable. The minimum billing is for one month’s service. You agree to pay for the ability to use our service for a minimum term of 30 days beginning on the date the service is made available for your use, and renewing automatically until terminated (see Termination below). You agree to qualify for service by means of a valid credit card, or by another payment method we agree to prior to the start of service. You expressly acknowledge receipt of, and agree to be bound by terms and conditions found in the end user license agreements for the software products which are included at the end of this document. Backup and other additional data protection services we provide to you rely heavily on the use of third-party software products which execute on your computer systems. We refer to this capability as backing up to “cloud” storage and it is available as an option only to paid users of our regular backup service. We also offer an optional capability that allows you, at your own risk, to use this same software we provide to store and retrieve additional computer files from storage facilities you alone provide. In accordance with the terms and conditions set forth in this Service Agreement, we agree to provide you the ability to store and retrieve your computer files from our storage facilities (using a public Internet connection that you provide) and certain software we provide that gets installed on your computer(s). This is an Agreement between Doctor Backup, LLC (a limited liability company formed in Maryland), which in the rest of this Agreement is called “us” or “our” or “we,” and a User of our service, which in the rest of this Agreement is called “you” or “your”.
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