We may amend this agreement at any time, without notice, by posting the amended terms and conditions on our web site located at http://www.flashbackup.com/. The link will be labeled Legal Notices and will be located at the bottom of our home page. This agreement will also be contained in our signup forms with a check box that must be checked in order to purchase services. This agreement was last amended on February 26, 2004

(1) You agree that if your email address is no longer valid, your services may be terminated and your data deleted.
(2) You agree to indemnify, defend and hold harmless Flashbackup LLC and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the loss, partial loss or corruption of your data stored at Flashbackup LLC.
(3) You agree to purchase at the time of this submission the online backup services you selected during the signup process on your credit card or other method of payment specified in the payment fields. This charge will occur at the time you submit the form.
(4) You agree that at the products next bill date to have your credit card automatically charged by Flashbackup LLC for total amount due. You agree that in order to avoid charges, products must be canceled at least 15 days before their next bill date. To cancel you must visit https://secure.flashbackup.com/billing/ and choose the product(s) you wish to cancel.
(5) All services will automatically renew for the same term as your initial signup period at the same interval at Flashbackup LLC’s discretion. It is your responsibility to notify Flashbackup LLC of any changes in contact information. If your services are canceled for lack of payment or invalid email address your account will be terminated and your data deleted.
(6) You are responsible for tracking your storage limits and traffic throughput. Disk storage consists of email storage and all files stored in your backup and web directories. Throughput is a measurement of all inbound and outbound traffic for your domain which includes but is not limited to all FTP, WebDAV and HTTP traffic generated when you upload and restore files. Tracking tools are available in the file manager - this information will be used as the final rule for overage calculations. Each plan receives a minimum of 1GB of throughput per month included in the monthly or yearly price. If you have 5GB of total storage, you will receive 5GB of throughput per month. Throughput overages are $2.50/GB. Storage overages are $0.01/MB for the Basic and Power Plans, and $0.05/MB during the 30 Day Free Trial.
(7) You agree to pay any and all overage charges for Disk Usage and/or web site Throughput monthly. Failure to pay overage charges may result in the cancellation of your service with no refunds.
(8) You agree to our acceptable use policy, email policy, privacy policy, catalog policy and terms and conditions located at http://www.flashbackup.com/legal.html.
(9) You understand that Flashbackup LLC may from time to time change our terms and conditions and our product features and pricing structure and you agree to abide by any changes made by Flashbackup LLC or cancel your account in a timely manner.
(10) FLASHBACKUP LLC DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE SERVICES OR ANY PART THEREOF, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE ( WHETHER OR NOT FLACHBACKUP LLC KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. IN ADDITION, CATALOG.COM EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN COMPANY WITH RESPECT TO THE SERVICES OR ANY PART THEREOF.
(11) Independent of, several from, and to be enforced independently of any other enforceable or unenforceable provision of this Agreement, OTHER THAN THE INFRINGEMENT OF ONE PARTY'S INTELLECTUAL PROPERTY RIGHTS BY ANOTHER PARTY, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY'S RIGHTS) FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND - including lost profits, loss of business, or other economic damage, and further including injury to property - ARISING FROM THE SERVICES OR AS A RESULT OF BREACH OF ANY TERM OF THIS AGREEMENT, REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.
(12) Independent and several from, and to be enforced independently of any other enforceable or unenforceable provision of this Agreement, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FLASHBACKUP LLC TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY COMPANY), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER FOR THIS AGREEMENT, IN CONTRACT, TORT, OR OTHERWISE, EXTEND BEYOND THE AMOUNTS PAID TO FLASHBACKUP LLC FOR THE SERVICES PROVIDED HEREIN DURING THE LAST THREE MONTHS BEFORE SUCH CLAIM OR CLAIMS.
(13) Flashbackup LLC reserves the right to cancel any customers online backup service with 30 days written notice. Governing Law Irrespective of the Conflict of Laws doctrine, this Agreement shall be governed, construed and enforced pursuant to the laws of the State of Oklahoma. I have read the terms and conditions above, and I hereby agree to all terms by submitting my request to Flashbackup LLC.