Backup TOS

Terms of Service (Version 1.01 – 2007.03.21)
For a large print version see http://www.bitblock.com/BACKUPTOS):

This agreement (“Agreement”) is between Bitblock Systems Inc. (“BITBLOCK”), and an end user (“End User”) of the BITBLOCK products and/or services (“Services”), which shall be governed by the terms and conditions herein. By activating the Services under a specified service schedule (“Plan”), End User acknowledges receiving, reading and understanding this Agreement and accepts the terms and conditions herein. End User acknowledges that they are of legal age to enter into this Agreement.
1. TERMS AND CONDITIONS. The terms and conditions stated herein are in lieu of and replace any and all terms and conditions set forth in any documents issued by End User, including, without limitation, purchase orders and specifications. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY END USER AT ANY TIME ARE HEREBY OBJECTED TO BY BITBLOCK, AND ANY SUCH DOCUMENTS SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE OR SERVICE RENDERED HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON BITBLOCK. No waiver or amendment to this contract or these terms and conditions shall be binding on BITBLOCK unless made in writing expressly stating that it is such a waiver or amendment and signed by a representative of BITBLOCK.

BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SERVICES (DEFINED BELOW), END USER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

DUE TO THE NATURE OF BACKUP SERVICE, IT IS RECOMMENDED THAT END USER PERFORM OCCASIONAL TEST RESTORES AND FAMILIARIZE YOURSELF WITH THE OPERATION OF THE SERVICES BEFORE AN URGENT SITUATION ARISES.
2. SOFTWARE. From time to time in accordance with End User instructions, upgrades and other changes to Services BITBLOCK may install or require installation of, uninstall or require uninstallation of, configure or require configuration of Software on End User equipment to facilitate the functions of the Services. Installation of Software does not imply a sale or transfer of ownership or license to the End User. The End User agrees to cooperate in such changes and bear any internal costs associated with changes. BITBLOCK will bear its own costs related to these changes as required. Failure by the End User to facilitate the changes may result in an inability to deliver the Services, but will not release the End User from the Term of this Agreement or the recurring fees for the Services.
3. SOFTWARE COPYRIGHT. Any software used by BITBLOCK to provide the Services and any software provided to End User in conjunction with providing the Services are protected by copyright law and international treaty provisions. End User may not copy the software or any portion of it.
4. SERVICES. The services (“Services”) contracted under this agreement relate to the off-End User equipment storage of data (“Data”) intended to provide the End User with recovery options in the event of End User equipment failure and Data loss. The core of the Services is a Storage Area Network or SAN, which uses a minimum of 3 nodes to provide the End User with remote data storage, and a means of accessing that storage. Charges are made for each access Profile, and metered by the amount of Data stored and the amount of Transfer used to move that Data. Compression techniques are used to increase efficiency where applicable.
4.1. PROFILE. A backup profile is a set of files as viewed from a machine where the backup process will run. This is typically a file path or multiple file paths, and may consist of one or more Inclusion or Exclusion Filter specifications to allow the End User to customize the backup selection to their needs. There is a monthly charge for each Profile which includes a Data Transfer allowance and a Storage Allowance. A profile may subject to limits placed on the Storage (Storage Cap) by End User to limit their maximum cost. If the End User sets such a Cap, meeting this Cap will cause Notice to be sent to the End User and may result in some Data not being backed up pending End User Instructions Regarding Data. A Hard Cap will be enforced by means of a quota and will not be exceeded. A Soft Cap will generate notice, but allow additional storage.
4.2. USAGE CHARGES. End User agrees and understands the Services are billed based on Usage and as such charges in additional to Profile Charges may vary. The End User agrees they are responsible for their Usage Charges.
4.3. END USER INSTRUCTIONS REGARDING DATA. Due to the sensitivity of the End User’s Data, all instructions to BITBLOCK which relate to existing Data must be in writing by Email or to the address above. Such instructions include Data Copy requests, Storage Cap changes, Profile changes and other changes with direct effect on the Data stored. To request a Data Copy or to purge all or a portion of the Data, please contact BITBLOCK Support in writing by Email at support@bitblock.com or by mail at the address above.
4.4. TERM. The term of this Agreement ("Term") begins on the date that End User purchases Services and continues for the duration of the service period as defined by the Plan that is selected by End User. At the end of the current Term, the Term is automatically renewed unless End User provides BITBLOCK, thirty (30) days prior to the end of the current Term, written notification of intention to cancel the service. End User agrees to pay for Services for the duration of the Term. Expiration of the Term does not alleviate End User of responsibility for all unpaid, accrued charges due hereunder. End User acknowledges and understands that BITBLOCK will continue to charge for the Services as long as the Agreement remains regardless of the End User maintaining Service Requirements as set forth below. If End User chooses to cancel the service before the end of the current Term, Disconnection Fees may apply as set forth below.
5. SERVICE REQUIREMENTS. THE END USER ACKNOWLEDGES THAT THEY ARE AWARE OF THE REQUIREMENTS FOR THE SERVICES TO OPERATE AND ARE RESPONSIBLE FOR ENSURING THAT THE REQUIREMENTS ARE PROVIDED TO MEET WITH THE LEVEL OF RELIABILITY THAT THE END USER REQUIRES OF THE SERVICES. THE REQUIREMENTS INCLUDE BUT ARE NOT LIMITED TO THE INSTALLATION OF APPROPRIATE WIRING TO THE DESIRED SERVICE LOCATION, A RELIABLE NETWORK, AVAILABILITY OF APPROPRIATE, RELIABLE INTERNET SERVICE, AND A RELIABLE SOURCE OF POWER. BITBLOCK WILL ADVISE THE END USER IF IT BECOMES AWARE OF A DEFICIENT REQUIREMENT WHICH THE END USER MAY AT THEIR OPTION EITHER REMEDY OR BY MUTUAL AGREEMENT CONTRACT BITBLOCK TO REMEDY. ON-NET SERVICES AND USAGE CHARGES REQUIRE BITBLOCK APPROVED NETWORK CONNECTIVITY.
5.1. BANDWIDTH EXPENSES. END USER ACKNOWLEDGES THAT BITBLOCK CAN NOT ANTICIPATE AND IS NOT RESPONSIBLE FOR END USER BANDWIDTH EXPENSES WHICH MAY VARY DEPENDING ON FACTORS SUCH AS END USERS INTERNET SERVICE PROVIDER, AND THE SIZE AND FREQUENCY OF DATA TRANSFERS. END USER MAY BY MUTUAL AGREEMENT CONTRACT BITBLOCK TO RESOLVE.
5.2. ELECTRICAL POWER. END USER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER.
5.3. INTERNET ACCESS. END USER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IF THERE IS AN INTERRUPTION OF END USER'S BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE.
5.4. FILE PROTECTION REQUIREMENTS. End User agrees and understands that for the Services to properly protect your files, the files and End User set up must meet the following requirements:
1. File has to exist on your computer in its original location.
2. File must be selected as part of the backup set.
3. You must complete a backup at least once every ninety (90) days.
4. Deleted files must be recovered before the end of the Retention Period in table above
5. End User has verified the backup to confirm success subject to Filters defined by End User
THERE ARE ADDITIONAL TERMINATION & LIMITATION OF LIABILITY PROVISIONS SET FORTH BELOW WHICH AFFECT YOUR RIGHTS AND ABILITY TO OBTAIN A COPY OF YOUR DATA. PLEASE READ THEM.
6. EQUIPMENT. To provide the Services, BITBLOCK may provide Equipment to End User. All Equipment shipments are F.O.B. BITBLOCK’s facility. BITBLOCK’s liability for delivery shall cease, and title (if applicable) and all risk of loss or damage shall pass to End User upon delivery to carrier. End User will be provided a manufacturer's warranty from the date of purchase of Equipment, which is typically twelve (12) months but may be less. End User understands the manufacturer’s or distributor’s policies will apply. End User shall be required to obtain authorization from BITBLOCK to return any Equipment. BITBLOCK will provide replacement Equipment only if the Equipment is deemed to be defective and covered under the warranty. BITBLOCK will not cover replacement for lost, stolen or modified equipment. Equipment returned by End User that is not covered under warranty may be refused by BITBLOCK, and End User will be responsible to pay return shipping charges.
7. BILLING, CHARGES AND PAYMENT.
7.1. PAYMENT. Upon purchase of the Service, End User must provide BITBLOCK a valid credit card number from an issuer that is accepted by BITBLOCK, or twelve (12) post dated cheques made payable to Bitblock Systems Inc. or Authorization for scheduled debit withdrawals from a recognized banking institution. End User authorizes BITBLOCK to charge the credit card number provided by End User ("Credit Card"), and/or debit the user for all charges arising from End User's use of the Services. End User agrees to notify BITBLOCK of any change to the payment information including, but not limited to, changes in account number, expiration date or billing address. BITBLOCK shall not be responsible for any charges made by the Credit Card issuer to End User's Credit Card account for exceeding credit limit, insufficient funds or other reasons. End User's payment method will not be billed until product has shipped or Services are activated. Estimated ship dates are approximate and are not guaranteed. End User may cancel any order due to shipping delays without charge.
7.2. CREDIT TERMS. All Services provided to End User and covered by the Agreement shall at all times be subject to credit approval or review by BITBLOCK. End User will provide such credit information or assurance as is requested by BITBLOCK at any time. BITBLOCK, in its sole discretion and judgment, may discontinue credit at any time without notice. BITBLOCK, in its sole discretion and judgment, may require the completion of a supplementary credit form.
7.3. BILLING. BITBLOCK will provide End User with a monthly billing statement for the Services and bill all charges invoiced to End User's account to the End User’s payment method. Such charges shall include activation fees, monthly service fees, shipping charges, disconnection fees, equipment charges, Usage Charges, taxes and any other applicable charges. Monthly service fees are billed and payable in advance of each month's service; Usage Charges and any other applicable charges are billed subsequent to the end of each month's service. BITBLOCK reserves the right to invoice and require immediate payment (in case of post dated cheques) or debit the End User’s selected payment method as appropriate, if at any time End User's cumulative charges for the current month exceed the Account Credit Limit as reviewed and set by BITBLOCK. Billing for monthly service fees commences upon purchase of the Services, and the first month's monthly service fee shall be prorated to take into account any partial month that may occur as the result of the date monthly service fees are initiated. Activation for Services (if applicable) occurs after End User activates the services through a BITBLOCK service agent.
7.4. FEES AND RATE CHANGES. Fees are detailed in the Service table above and invoices as issued. Fees are set for the Term of the Agreement. BITBLOCK may change the Fees for the Services from time to time. BITBLOCK will post such changed rates at http://www.bitblock.com/BACKUPRATES. BITBLOCK shall honor rates as set forth in term contracts until the renewal of said contracts with the exception of Usage Charges. New rates for Usage Charges shall be effective after Notice.
7.5. LATE / NON-PAYMENT. If any charges for the Services are due but unpaid for any reason including, but not limited to, non-payment or declined Credit Card charges, BITBLOCK may suspend or terminate the Services and all accrued charges shall be immediately due, plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by BITBLOCK. If charges cannot be processed to the payment method, End User will be charged a fee of ten dollars ($10.00). No suspension or termination of the Services or of this Agreement shall relieve End User from paying any amounts due hereunder.
7.6. TAXES. Prices for the Services do not include any customs duties, sales, use, value added, excise, federal, state, local, public utility or other similar taxes. All such taxes shall be paid by End User and will be added to any amounts otherwise charged to End User unless End User provides BITBLOCK with an appropriate exemption certificate. If End User resides in a different jurisdiction than BITBLOCK, End User is responsible for direct payment of any additional unbilled applicable taxes.
7.7. DISCONNECTION FEES. If an End User terminates the Services within twelve (12) months of the initial purchase of the Services, BITBLOCK shall charge a Disconnection Fee equivalent to one full month’s service fees. The Disconnection Fee shall be waived after End User completes twelve (12) months of consecutive service. Disconnection Fees shall be invoiced and charged to End User's payment method when End User notifies BITBLOCK of the cancellation of the Services. Such fees will not apply in the event of early renewal by mutual agreement.
7.8. CREDITS. End User acknowledges and agrees that the Services are provided "as is, where is." End User understands and acknowledges that the Services are dependant on reliable network and Internet service, and as such disruptions in quality or service due to conditions caused by the End User’s own network or Internet service are beyond the control of BITBLOCK. BITBLOCK will attempt to determine if the End User’s network or Internet services are responsible for interruption of the Services, but in no way shall be responsible for said interruption. End User will undertake to collect any data required by BITBLOCK to support or resolve the claim. BITBLOCK reserves the right to review requests for Credit by End User and all decisions by BITBLOCK are final.
7.9. DISCOUNTS. From time to time in its sole discretion, BITBLOCK may offer promotions or discounts of activation or other fees. Any promotion or discount codes must be entered by End User upon purchase of the Services. End User shall not be entitled to a subsequent credit for such promotions or discounts, if not requested at the time of account creation or change of service.
7.10. ERRORS AND OMISSIONS. BITBLOCK reserves the right to issue invoice(s) to correct errors and / or omissions in invoiced charges for period not to exceed twelve (12) months following the date of the original invoice.
7.11. BILLING DISPUTES. End User must dispute any charges for the Services within thirty (30) days of the date of the charge by BITBLOCK or End User waives any objection.
8. PROHIBITED USES. Any use of the Services or any other action that causes a disruption in the network integrity of BITBLOCK or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services at the sole discretion of BITBLOCK. End User understands that neither BITBLOCK nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. End User agrees that it will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, Services, or equipment of the network. End User agrees and represents that it is purchasing the Services and/or the Equipment for its own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of BITBLOCK. BITBLOCK’s Service Plans for business subscribers that offer Unlimited On-Net Transfer Plans are for reasonable business use of End User only. Such use shall not include certain activities including, but not limited to, file serving, public access or any other activity that would be inconsistent with reasonable business usage. Any use found to be inconsistent with this restriction may result in termination of the Service. BITBLOCK reserves the right to immediately terminate or modify the Services of any End User using Unlimited On-Net Transfer Plans if BITBLOCK determines, in its sole discretion, that End User is not using the Unlimited On-Net Transfer Plans for End User's reasonable business use. End User may not (i) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any of BITBLOCK's source code, underlying ideas, algorithms, trade secrets or other proprietary information by any means whatsoever, (ii) create derivative works from or otherwise modify this Software, or (iii) copy or otherwise reproduce the Documentation. Additional terms may be found at http://www.bitblock.com/AUP which BITBLOCK reserves the right to change from time to time.
9. CHANGES TO THE AGREEMENT, SERVICES OR PLAN. BITBLOCK reserves the right to make changes to the terms and conditions of this Agreement, the Services and/or the Plan ("Change of Service"). In the event of a Change of Service, the new Plan will be posted at http://www.bitblock.com/BACKUPPLANS. If End User does not consent to the change of service and terminates this agreement, End User will be responsible for any sums due hereunder in addition to any applicable Disconnection Fee. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services. End User may select a different Plan at anytime, subject to any applicable change fee, applicable equipment purchase, and additional terms and conditions.
10. NOTICE. BITBLOCK communicates with End Users primarily via its web site and delivers Notice at http://www.bitblock.com/BACKUPNEWS and by email. Email is used to communicate important information about the Services, Usage Charges and billing, Change of Service and other information. End User agrees that sending a message to the Email Address is the agreed upon means of providing notification.

Notices to End User shall be sent to the email address ("Email Address") specified by End User at the time of registration for the Services or as subsequently specified by End User from time to time through the Web Site or by written change request delivered to BITBLOCK. All Email address changes will be confirmed to the new effective Email Address and are not to be considered effective unless confirmation is received by the End User.
Notice will be considered received by End Users and such changes will become binding to End Users, on the date stated ("Effective Date") after changes are posted to the Web Site.

All Notices are time-sensitive in nature. It is required that End User read any email sent to the Email Address in a timely manner in order to avoid any potential interruption in the Services provided hereunder or unexpected charges due to changes in Usage Charges or Plans.

The End User understands they are responsible for ensuring mail delivered to their mail server is received by them. White-listing or other methods should be used to ensure Email from BITBLOCK is not held, delayed or otherwise diverted. Delivery of Notice is deemed accomplished when BITBLOCK has transmitted the Notice to the End User’s mail server.
11. TERMINATION. End User agrees to provide BITBLOCK with thirty (30) days notice of termination. End User shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to BITBLOCK. BITBLOCK reserves the right, at its sole discretion, to suspend, terminate or change the Services without advanced notice for any reason, including without limitation, misuse of the Services in any way, End User's breach of this Agreement, End User's failure to pay any sum due hereunder, suspected fraud or any Prohibited Use by End User. BITBLOCK reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and End User agrees that BITBLOCK’s determination is final and binding on End User. BITBLOCK may require an activation fee to change or resume a terminated or suspended account.
12. PRIVACY. BITBLOCK utilizes the public Internet and third party networks to provide the Services. Accordingly, BITBLOCK cannot guarantee the security of communications of End User and will rely on standard encryption systems where applicable. BITBLOCK is committed to respecting an End User's privacy. Once End User chooses to provide personally identifiable information, it will only be used in the context of the End User's relationship with BITBLOCK. BITBLOCK will not sell, rent, or lease End Users' personally identifiable information to others. Unless required by law or subpoena or if End User's prior permission is obtained, BITBLOCK will only share the personal data End User provides with other BITBLOCK entities and/or business partners that are acting on BITBLOCK’s behalf to complete the activities described herein. Such entities and/or national or international business partners are governed by BITBLOCK’s privacy policies with respect to the use of this data. BITBLOCK is required to file numerous reports with different administrative bodies. As such, BITBLOCK may provide aggregate statistics about customers, sales and traffic patterns. None of these reports or statistics will include personally identifiable information. However, BITBLOCK reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens either BITBLOCK or any company affiliated with BITBLOCK. Moreover, upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, BITBLOCK may disclose personally identifiable information.
13. CONFIDENTIALITY. BITBLOCK will use reasonable efforts to prevent the unauthorized disclosure of End User’s Data. BITBLOCK will not seek to decrypt End User’s Data. BITBLOCK, however, will not be responsible for any matter beyond its reasonable control, including, without limitation, unauthorized electronic access of End User’s confidential information or Data. In the event that BITBLOCK is served a subpoena or is otherwise legally compelled to provide access to your Data, BITBLOCK will provide you with notice of the same as soon as practical to enable you to take action you deem necessary to prevent any such access.
14. RETURNS AND ADJUSTMENTS. No Equipment may be returned by End User for any reason without prior approval of BITBLOCK. All returns shall be in original packaging or equivalent. End User shall be responsible for all costs related to shipping to BITBLOCK any Equipment that is being returned. Any Equipment returned to BITBLOCK without prior authorization for its return or proper packaging may be refused. In order to obtain an appropriate refund, upon cancellation End User must immediately obtain a return material authorization number from BITBLOCK, return to BITBLOCK any Equipment provided hereunder, undamaged and in good working condition, in its original packaging and with its original content or otherwise will be immediately responsible for paying to BITBLOCK an amount equal to the fair retail price of the equipment minus any payments End User had previously paid specifically for said Equipment.
15. TECHNICAL SUPPORT. BITBLOCK provides technical support to End Users via telephone and e-mail for the Services and the Equipment provided hereunder. Support for other applications and uses is not provided or implied under this agreement.
16. BREACH. In the event of End User's breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder, End User shall reimburse BITBLOCK for all attorney, court, collection and other costs incurred by BITBLOCK in the enforcement of BITBLOCK’s rights hereunder and BITBLOCK may keep any deposits or other payments made by End User.
17. INDEMNIFICATION. End User agrees to defend, indemnify and hold BITBLOCK, its affiliates and its vendors harmless from any claims or damages relating to this Agreement.
18. DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL BITBLOCK OR ITS VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE SERVICES OR PRODUCTS PROVIDED HEREUNDER WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF BITBLOCK OR ITS VENDORS OR OTHERWISE.
18.1. WARRANTY AND LIABILITY LIMITATIONS. BITBLOCK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BITBLOCK NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO BITBLOCK’s OR END USER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF END USER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF BITBLOCK’s SERVICES. ANY CLAIM AGAINST BITBLOCK MUST BE MADE WITHIN NINETY (90) DAYS OF THE EVENT OF THE CLAIM OR NINETY (90) DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND BITBLOCK HAS NO LIABILITY THEREAFTER. BITBLOCK’s LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. BITBLOCK MAY ELECT TO PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN BITBLOCK. IN NO EVENT SHALL BITBLOCK’s TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY END USER TO BITBLOCK FOR THE SERVICES IN THE NINETY (90) DAYS PRIOR TO THE DATE OF THE CLAIM.
18.2. DISPOSITION OF DATA ON TERMINATION. The Services may be terminated under the section above. End User understands that all data stored by BITBLOCK under this Agreement shall be deleted on or after seven (7) days from the termination date of the agreement (the "Termination Period"). End User must inform BITBLOCK in writing (Email to: support@bitblock.com or by regular mail to the address above) prior to the expiration of the Termination Period if End User requires (A) a copy of the Data ("Data Copy"), OR TO (B) HAVE BITBLOCK IMMEDIATELY DELETE ALL STORED DATA WHEREUPON SUCH DATA WILL NO LONGER BE ACCESSIBLE TO END USER OR BITBLOCK. Fees required to obtain copies of the Data are described in this Agreement. You acknowledge and understand that BITBLOCK will destroy all Data related to the Services immediately on the expiration of the Termination Period with no liability to whatsoever. By using the Services you are agreeing to release BITBLOCK from any and all liability, claims and damages due to lost or stolen data whether or not End User request a Data Copy.
18.3. LIMITATION OF LIABILITY FOR DESTRUCTION OF DATA AFTER TERMINATION. EXCEPT AS PROVIDED HEREIN, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL BITBLOCK OR ITS SUPPLIERS BE LIABLE TO END USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER LOSS AND DAMAGES FOR THE DESTRUCTION OF DATA UNDER THIS AGREEMENT. IN NO EVENT SHALL BITBLOCK’s TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY END USER TO BITBLOCK FOR THE SERVICES IN THE THIRTY (30) DAYS PRIOR TO THE DATE OF THE CLAIM, EVEN IF BITBLOCK SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19. EXPORT COMPLIANCE. End User agrees to comply with Canadian Export laws concerning the transmission of technical data and other regulated materials via the Services. End User agrees to comply with applicable local, provincial, state and federal regulations governing the locality in which the Equipment and Services are used.
20. FORCE MAJEURE (EVENTS BEYOND OUR CONTROL). BITBLOCK shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of BITBLOCK as may occur in spite of BITBLOCK’s best efforts.
21. GOVERNING LAW. The Agreement and the relationship between End User and BITBLOCK shall be governed by the laws of the province of British Columbia. End User and BITBLOCK agree to submit to the personal and exclusive jurisdiction of the courts within the province of British Columbia, to the extent possible, and waive any objection as to venue or inconvenient forum. The failure of BITBLOCK to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. End User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22. SURVIVAL. The provisions of sections 2) Software, 3) Software Copyright, 5) Service Requirements, 7) Billing Charges, and Payment, 12) Privacy, 13) Confidentiality, 14) Returns and Adjustments, 15) Technical Support, 16)Breach, 17)Indemnification, 18) Disclaimer of Consequential Damages, 19) Warranty and Liability Limitations, 20) Export Compliance, 21) Force Majeure and 22) Governing Law including all sub-sections shall survive any termination of the Agreement.
23. ENTIRE AGREEMENT. The terms and conditions of this Agreement constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to the Services. This agreement shall be binding upon the heirs, successors, and assigns of BITBLOCK.