Updated 2/12/2010

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING YOTTA280 PRODUCTS AND SERVICES

This Agreement is between Yotta280 and you, as an authorized user of Yotta280 Online Storage Service (“Yotta280 products and services”), and governs the terms and conditions of your use of Yotta280 products and services (“Terms of Use”). This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Yotta280 (collectively, the "Agreement"), constitutes the entire agreement between Yotta280 and you regarding Yotta280 Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.

You Must Agree to these Terms of Use to Use Yotta280 Products and Services
By using or registering for a Yotta280 Products (defined below), you agree to these terms and conditions ("Terms of Use") and the Yotta280 Privacy Policy. You agree to accept notices electronically. Each time you use a Yotta280 Products, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, you may discontinue using the Yotta280 Products. You cannot use or sign up for Yotta280 Products until you have accepted these Terms of Use.

Definition of Terms
a. Yotta280 is referred to herein as "Yotta280," "we," "us," or "our."
b. You, as the user, are referred to herein as "you," "user," "subscriber," "client," or "customer."
c. Yotta280 Products. For purposes of these Terms of Use, the term "Yotta280 Products" shall mean Yotta280 software (“Yotta280 Software” or “Software”, whether preinstalled, on a medium, or offered by download), Yotta280 services, Yotta280 websites (including, without limitation, www.Yotta280.com) and all other software, features, tools, websites and services provided by Yotta280.

Modifications to the Terms of Use
In the event that Yotta280 makes material changes to these Terms of Use, all current Yotta280 customers and trial users will be notified via email at least 30 days before the modified terms of use go into effect. Yotta280 will email users at the email address(es) provided by each user and is not responsible for invalid addresses or undeliverable email. The modified Terms of Use will be posted on our website at least 30 days in advance of the effective date. You agree to the new posted Terms of Use by continuing your use of the Yotta280 Products. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using Yotta280 Products and cancel your registration.

Requirements for Use or Registration of Yotta280 Products
The Yotta280 Products are intended for general consumer use. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Use. Yotta280 Products may require the user to register and provide certain personal information to Yotta280, such as name, e-mail address, gender, date of birth, zip code, credit card details (the "Personal Information"). If you register for any Yotta280 Product, you agree to provide accurate and complete Personal Information and you agree to keep such information current.

Registered User Information
The Yotta280 Privacy Policy explains how Yotta280 collects and uses Personal Information. You consent to Yotta280’s use of your Personal Information under the terms of the Yotta280 Privacy Policy.

Lawful Use of Yotta280 Products
You may use Yotta280 Products for lawful purposes only.

Description of Yotta280 Products
Yotta280 is in the business of providing backup products and services, the Yotta280 Products. We want you to have the best possible experience in dealing with Yotta280 and using Yotta280 Products. Yotta280 offers the Yotta280 Products through its website www.Yotta280.com and through its retail partners and other vendors. Yotta280 Products may backup specific file types, such as photos, music, home office application files, and other file types. Yotta280 Products operate automatically with user involvement, and work to back up your files whenever your computer is connected to the Internet for some offsite backup functions included in Yotta280 Products. Yotta280 will not guarantee successful data protection or access to data without Internet connection.

Changes to the Service
Yotta280 has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Yotta280 Products including, but not limited to, the software, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on Yotta280 servers on your behalf either cumulatively or for any particular service or the availability of Yotta280 Products on any particular device or communications service. Yotta280 has no obligation to provide you with notice of any such changes.

Yotta280 License to You
Yotta280 and its vendors grant you a personal, non-exclusive, non-transferable limited license to install the software and services distributed by Yotta280 in object code form only on any computer or device from which you wish to access the Yotta280 service for the sole and exclusive purposes of connecting to and using the Yotta280 Products in accordance with these Terms of Use. You may not sub-license, or charge others to use or access the Yotta280 Service. Yotta280 occasionally will provide automatic upgrades to improve your Yotta280 experience, although these upgrades may not be consistent across all platform and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services.

You may not sell, assign, grant a security interest in or otherwise transfer any right in the Software or incorporate it (or any portion of it) into another product. You may not copy the Software. 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 Software. You may not modify the Software or use it in any way not expressly authorized by these Terms of Use. You may not obtain the communications protocol for accessing the Yotta280 service, the Yotta280 Products, or any other Yotta280 services. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that Yotta280’s introduction of various technologies may not be consistent across all platforms and that the performance and features offered by Yotta280 may vary depending on your computer and other equipment.

You agree to use install and use a paid subscription to any of the Yotta280 Products on only one device at a time. If you wish to protect multiple devices, each requires a separate paid subscription.

You also agree to an automatic payment via your registered credit card when a demo is expired or a renew contract of Yotta280 Products and services is required.

Restrictions on Access to or Use of Yotta280 Products
You may access Yotta280 Products only through the interfaces and protocols provided or authorized by Yotta280. You agree that you will not access Yotta280 Products through unauthorized means, such as unlicensed software clients. Certain Yotta280 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 head information.

Communications
You are responsible for obtaining your own Internet access, such as maintaining all telephone, computer hardware and other equipment needed for access to and use of the Yotta280 Products, and all charges related thereto. Any telephone or other communications charges incurred by you to access Yotta280 are your responsibility.

Termination and Fair Use Policy
YOUR USE OF YOTTA280 PRODUCTS IS SUBJECT TO YOTTA280’S "TERMINATION AND FAIR USE POLICY. THIS POLICY IS INTENDED TO ALLOW YOTTA280 TO DENY SERVICE TO ABUSERS. USERS WHO ARE DEEMED TO BE "ABUSERS", IN YOTTA280'S SOLE DISCRETION, MAY BE NOTIFIED PRIOR TO SUSPENSION OR TERMINATION OF THEIR ACCOUNTS, HOWEVER, YOTTA280 RESERVES THE RIGHT TO TERMINATE OR SUSPEND SUCH ACCOUNTS WITHOUT PRIOR NOTICE IN THE EVENT OF A POLICY VIOLATION. ANY FAILURE BY YOTTA280 TO ENFORCE THIS POLICY WILL NOT PRECLUDE US FROM ENFORCING IT AT ANYTIME IN THE FUTURE, WHETHER FOR PAST OR CURRENT VIOLATIONS.

Software Data Collection and Privacy Policy
Yotta280 needs to collect limited amounts of basic data about files on your computer. None of this data is shared with third parties. Yotta280’s software routinely scans your computer in order to detect new, modified or deleted data files that require our software to take further action to complete backup and restore operations. Yotta280’s software also catalogs the number and total storage size of various file types on your computer. Yotta280’s software inspects file headers and related information in order to confirm that each file’s type is properly represented by its file extension. Yotta280 will never examine the contents of your files for any other purpose, and no information about a file’s content, other than its type (e.g. digital photos, word processing document, etc.) and size, will ever be collected, tracked or stored by Yotta280. Contents of all files are encrypted before they are transmitted to Yotta280’s data center. By using Yotta280 Products, you expressly agree to allow Yotta280 to collect and use data as specified in our Software Data Collection and Privacy Policy.

Disclaimer of Warranty; Limitation of Liability
DISCLAIMER OF WARRANTIES. YOUR USE OF YOTTA280 PRODUCTS AND SOFTWARE IS AT YOUR SOLE RISK. THE YOTTA280 PRODUCTS AND SOFTWARE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, YOTTA280 AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE YOTTA280 PRODUCTS AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. YOTTA280 AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE YOTTA280 PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE YOTTA280 PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE YOTTA280 PRODUCTS AND SOFTWARE WILL BE CORRECTED. YOTTA280 AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE YOTTA280 PRODUCTS, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOTTA280 PROVIDES THE YOTTA280 PRODUCTS AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE YOTTA280 PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT YOTTA280 WILL HAVE ADEQUATE CAPACITY FOR THE YOTTA280 PRODUCTS AS A WHOLE.
LIMITATION OF LIABILITY. YOTTA280'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH YOTTA280 (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOFTWARE OR YOTTA280 PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE YOTTA280 PRODUCTS AND SOFTWARE. YOTTA280 AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE YOTTA280 PRODUCTS, SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH YOTTA280 PRODUCTS AND SOFTWARE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF YOTTA280 HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, YOTTA280 AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification
You agree to defend, indemnify and hold harmless Yotta280, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Yotta280 Products. Yotta280 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 indemnification for Yotta280 in that matter.

Trademarks
All trademarks appearing on the Yotta280 Products are the property of their respective owners, including, without limitation, Yotta280.

Miscellaneous
The provisions of these Terms of Use addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property and governing law shall survive the termination of these Terms of Use and your registration with the Yotta280 Products.