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This End User License Agreement (“EULA”) is a legal agreement between you and The IT Squad, LLC. (“ITS”) for the licensing of software products from The IT Squad.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE. PROMPTLY RETURN THE SOFTWARE IN AN UNDAMAGED CONDITION TO YOUR SUPPLIER WITHIN 30 DAYS OF YOUR FIRST RECEIPT OF THE SOFTWARE, AND YOUR LICENSE FEE WILL BE REFUNDED.

1. SOFTWARE AND DOCUMENTATION. “Software” means the computer programs accompanying or provided under this EULA, together with the associated media and corresponding Documentation. “Documentation” means the end user manual and other documentation (including print and online), if any, provided to you with the Software.

2. LICENSE GRANT. Provided you comply with all terms and conditions of this EULA, The IT Squad grants you a non-exclusive, non-transferable license to use the Software in accordance with the License Type licensed by you. The Software is licensed solely for internal use within your organization; any other use, including for third parties or for commercial purposes, is expressly prohibited. A “Fulfillment Confirmation” in the form of a product or package label or a confirmation e-mail will be sent to you and will identify the Software licensed to you under this EULA and the License Type. This license is perpetual unless expressly stated otherwise in this EULA or in the Fulfillment Confirmation. Software designated as “for clients” may not be used on a Server. “Server” means a computing device whose primary function is to provide services to another computing device (e.g., domain services, printing services, email services, terminal services, application services, web hosting, etc.).

3. COPIES. You may make copies of the Software provided that any such copy: (i) is created as an essential step in the utilization of the Software as licensed under this EULA, or (ii) is only for archival purposes to back-up the Software. All trademark, copyright and proprietary rights notices must be faithfully reproduced and included by you on such copies. You may not make any other copies of the Software.

4. OTHER RESTRICTIONS. The IT Squad reserves all rights not expressly granted to you. Without limiting the generality of the foregoing, you shall not: (i) disassemble, de-compile, reverse engineer, or otherwise attempt to reconstruct or discover the source of this Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, or (ii) modify or create derivative works based upon the Software, or (iii) commercially distribute, sublicense, resell or otherwise transfer this Software, or (iv) rent, lease, lend, or use the Software for commercial timesharing or bureau use, or (v) or allow a third party to copy, access or use the Software; or (vi) disclose the results of any benchmark test of the Software to a third party without the prior written approval of The IT Squad.

5. OWNERSHIP. All title and intellectual property in and to the Software (including all copies of the Software made by you) are owned by The IT Squad and its licensor(s), if any. The Software is protected by copyright law and international treaty provisions. The Software is licensed to you, not sold.

6. EVALUATION LICENSE. This Section applies to you if the Software is licensed to you for evaluation or demonstration purposes. You are permitted to use the Software for evaluation or demonstration purposes only. The Software may contain an automatic disabling mechanism. Your right to use the Software is limited in accordance with the terms under which you received the Software. If no period of use is specified, then your right to use the Software shall terminate thirty (30) days from receipt of the Software, at which time you must return or destroy the Software.

7. ACTIVATION KEY. The use of the Software may require an “activation key” from The IT Squad or its authorized reseller. The activation key may be a printable digital key, a non-printable file, or any other mechanism used by The IT Squad for license activation purposes. You agree that you will not attempt to “hack,” “crack” or otherwise override this activation key.

8. UPDATES. Except as otherwise expressly provided herein, this EULA will govern any Software updates and upgrades that may be provided to you in accordance with The IT Squads then-current maintenance and support policies (including The IT Squads Annual Upgrade Protection program or “AUP” program), unless such updates and upgrades are provided under separate license agreement. You may use such updates or upgrades only in conjunction with your then-existing Software. The Software and all updates and upgrades are licensed as a single product and such updates and upgrades may not be separated from the Software to exceed the scope of your original license. Any other software that may be provided with the Software that is associated with a separate end-user license agreement is licensed to you under the terms of that separate license agreement.

9. LIMITED WARRANTY. If (a) the Software does not substantially conform to its specifications in the Documentation, the physical media accompanying the Software is defective, or if you are dissatisfied with the Software for any reason, and (b) if the Software (including all accompanying media, Documentation, packaging and materials) is returned by you within thirty (30) days of first receipt, then your license fee for the Software will be refunded to you. Upon return, this EULA shall terminate and you must immediately cease all use of the Software and remove and erase all copies of any Software from all computers and storage media and devices within your possession or control. At The IT Squad request, you will certify in writing to The IT Squad that you have complied with this Section. In the event that the Software is licensed to you for evaluation or demonstration purposes, there shall be no refund because such licenses are free. In the event you purchase a license to the Software during or after an evaluation license for such Software, then The IT Squad shall have no obligation to refund any license fees paid by you for the license to the Software (i.e., the 30 day evaluation period is your thirty day limited warranty period). THIS LIMITED WARRANTY SHALL NOT APPLY TO SOFTWARE UPDATES AND UPGRADES; ALL UPDATES AND UPGRADES ARE LICENSED “AS IS,” WITHOUT WARRANTY OF ANY KIND.

10. NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY WARRANTED ABOVE IN SECTION 9, THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY EXPRESS WARRANTY MADE OUTSIDE OF THIS EULA IS EXCLUDED AND SUPERCEDED. THE IT SQUAD DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. Some jurisdictions do not allow certain disclaimers and limitation of warranties, so some of these may not apply to you.

11. NON-THE IT SQUAD PRODUCTS. THE IT SQUAD DOES NOT WARRANT NON-THE IT SQUAD PRODUCTS. ANY SUCH PRODUCTS ARE PROVIDED ON AN “AS-IS” BASIS. ANY WARRANTY SERVICE FOR NON-THE IT SQUAD PRODUCTS WILL BE PROVIDED BY THE PRODUCT MANUFACTURER IN ACCORDANCE WITH ANY APPLICABLE MANUFACTURER’S WARRANTY.

12. EXCLUSION OF CERTAIN DAMAGES. THE IT SQUAD SHALL NOT IN ANY CASE BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, BUSINESS, OR DATA OR COSTS OF COVER, REGARDLESS OF THE FORM OF ACTION AND EVEN IF THE IT SQUAD HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. Some jurisdictions do not allow certain exclusions or limitations of liability, so some of these may not apply to you.

13. LIMITATION OF LIABILITY. THE AGGREGATE LIABILITY OF THE IT SQUAD ARISING FROM OR RELATING TO THIS EULA OR USE OF THE SOFTWARE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER CONTRACT, WARRANTY, TORT AND/OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF ALL LICENSE FEES PAID BY YOU FOR THE SOFTWARE LICENSE(S) GRANTED HEREUNDER.

14. SOLE REMEDY AND ALLOCATION OF RISK. YOUR SOLE AND EXCLUSIVE REMEDY AND THE IT SQUADS SOLE AND EXCLUSIVE LIABILITY ARE SET FORTH IN THIS EULA. This EULA defines a mutually agreed-upon allocation of risk.

15. NOTICE. THE SOFTWARE IS NOT INTENDED OR LICENSED FOR USE IN ANY HAZARDOUS OR HIGH RISK ACTIVITY.

16. NO SUPPORT. Except as expressly required by applicable law, nothing in this EULA entitles you to any support, maintenance or new versions of the Software. You may contact The IT Squad to determine the availability of support, maintenance and new versions of the Software, and the fees, terms and conditions that would apply.

17. TAXES. In the event that any withholding, sales or use taxes or other taxes or government fees, assessments or charges are payable because of this EULA, or any license of the Software, or because of any payment by you, then you shall pay such taxes, fees, assessments and charges in addition to all other payments.

18. GOVERNING LAW AND ATTORNEYS’ FEES. This EULA shall be governed by the laws of the state of Minnesota and the United States of America without giving effect to conflict or choice of law principles, and any litigation between the parties arising under this EULA shall be conducted exclusively in the state of Minnesota courts or the federal district courts within Minnesota. The parties agree to exclude application of the “United Nations Convention on Contracts for the International Sale of Goods” to this EULA. If you acquired the Software in a country outside the United States then that country’s local laws may apply. In any action or suit to enforce any right or remedy under this EULA or to interpret any provision of this EULA, the prevailing party will be entitled to recover its costs, including reasonable attorneys’ fees.

19. SEVERABILITY. If any provision in this EULA is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this EULA shall remain in effect.

20. TERM AND TERMINATION. This EULA is effective until terminated. You may terminate this EULA by uninstalling and returning the Software to The IT Squad along with all Documentation and original media. The licenses granted herein shall automatically terminate without notice if you fail to comply with any material provision of this EULA. In such event, you must immediately uninstall and return the Software, including all Documentation and original media, to The IT Squad. This shall not limit or affect any remedy available to The IT Squad for your breach of this EULA.

21. U.S. GOVERNMENT END USERS. The Software is provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions applicable to commercial computer software as set forth in the Federal Acquisition Regulations (FAR) §52.227-14 (Jun 1987) Alternate III (June 1987), FAR § 52.227-19 (June 1987), or DFARS § 252.227-7013 (b)(3) (Nov 1995) or applicable successor provisions. Manufacturer is Altiris, Inc., 588 West 400 South, Lindon, Utah 84042.

22. EXPORT LAWS. Regardless of any disclosure made by you to The IT Squad regarding an ultimate destination of the Software, you shall not export, re-export or disclose (directly or indirectly) any Software, or any portion thereof, to any country in violation of U.S. export laws or regulations or any other law, regulation or government order. It is your responsibility to comply with the United States government requirements as they may be amended from time to time.

23. CONSTRUCTION. No rule of strict construction shall apply against or in favor of either party in the construction and interpretation of this EULA,.

24. ASSIGNMENT. You may not assign, sublicense or transfer this EULA, the Software, or any rights or obligations hereunder without prior written consent of The IT Squad. Any such attempted assignment, sublicense, or transfer will be null and void. The IT Squad may terminate this EULA in the event of any such attempted assignment, sublicense, or transfer.

25. ENTIRE AGREEMENT. This EULA sets forth the entire understanding and agreement between the parties relating to its subject matter and may be amended only in a writing signed by both parties. ANY TERMS AND CONDITIONS OF ANY PURCHASE ORDER OR OTHER DOCUMENT SUBMITTED BY YOU IN CONNECTION WITH THE SOFTWARE THAT IS IN ADDITION TO, DIFFERENT FROM OR INCONSISTENT WITH THE TERMS AND CONDITIONS OF THIS EULA ARE NOT BINDING ON THE IT SQUAD AND ARE INEFFECTIVE. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED BY THE IT SQUAD TO MODIFY THIS EULA OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE WARRANTIES, REPRESENTATIONS OR PROMISES EXPRESSLY SET FORTH IN THIS EULA.

LICENSE TYPES

The License Type purchased by you determines the license rights granted to you under this EULA. The License Type will be specified in the Fulfillment Confirmation provided to you.

Evaluation License – An Evaluation License is a limited license that provides you an opportunity to try the Software before buying a full license. A temporary activation key will be issued to you for this license specifying the number of licensed nodes or concurrent users, and the evaluation period. The Software may only be used for evaluation purposes and not for commercial use. The Software is licensed to you only for the specified evaluation period, which will begin on the date that the Software is first downloaded by or delivered to you. If no period of use is specified, then your right to use the Software shall terminate thirty (30) days from receipt of the Software, at which time you must return or destroy the Software.

Node License -- Under the terms of a Node License, you may use the Software to manage an aggregate number of Nodes within your organization not to exceed the sum of your licensed nodal count. A “Node” is any asset under management by the Software. An asset is: (a) a physical device such as a computer, PDA, or server, (b) a virtual device, such as an operating environment that may be running concurrently with another operating environment on a single physical device (e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Software in a database, such object representing a physical or virtual asset for which data is being tracked or managed by the Software (e.g., printer, copier, etc.).

The IT Squad, LLC ("ITS") makes information and products available on this web site, subject to the following terms and conditions. By accessing this site, you agree to these terms and conditions. THE IT SQUAD, LLC reserves the right to change these terms and conditions, and the products, services, prices, and programs mentioned in this site at any time, at its sole discretion, without notice. THE IT SQUAD, LLC reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.

Use of Software
The software and accompanying documentation available to download from this site are the copyrighted work of THE IT SQUAD, LLC. Use of the software is governed by the terms of the end user license agreement, which accompanies such software. If no license accompanies the download, the terms of the license which accompanied the original product being updated will govern. You will not be able to use, download, or install any software unless you agree to the terms of such end user license agreement.

Use of Web Site Information
Except as otherwise indicated on this site, you may view, print, copy, and distribute documents on this site subject to the following terms and conditions:
The document may be used solely for informational, personal, non-commercial purposes;
Any copy of the document or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original;
The document may not be modified in any way; and
reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from THE IT SQUAD, LLC.
Documents specified above do not include the layout or design of this web site. Elements of this site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part.
Documents specified above do not include logos, graphics, sounds or images on this web site, which may be reproduced or distributed only when expressly permitted by THE IT SQUAD, LLC.

Warranties and Disclaimers; Liability Limitations
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND THE IT SQUAD, LLC, ALL INFORMATION AND SOFTWARE ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
THE IT SQUAD, LLC ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.
IN NO EVENT SHALL THE IT SQUAD, LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION) WHETHER OR NOT THE IT SQUAD, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, THE IT SQUAD, LLC MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.
Products and Services Availability
This web site can be accessed from countries around the world and may contain references to THE IT SQUAD, LLC services, programs, and products that have not been announced in your country. These references do not imply that THE IT SQUAD, LLC intends to announce such services, programs, or products in your country.

Submissions
With the exception of credit card numbers for the purchase of products and services, THE IT SQUAD, LLC does not want to receive confidential or proprietary information through its web site.
Any information sent to THE IT SQUAD, LLC, with the exception of credit card numbers, will be deemed NOT CONFIDENTIAL. You grant THE IT SQUAD, LLC an unrestricted, irrevocable license to display, use, modify, perform, reproduce, transmit, and distribute any information you send THE IT SQUAD, LLC, for any and all commercial and non-commercial purposes.
You also agree that THE IT SQUAD, LLC is free to use any ideas, concepts, or techniques that you send THE IT SQUAD, LLC for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques.
THE IT SQUAD, LLC may, but is not obligated to, review or monitor areas on its site where users may transmit or post communications, including bulletin boards, chat rooms, and user forums. THE IT SQUAD, LLC is not responsible for the accuracy of any information, data, opinions, advice, or statements transmitted or posted on bulletin boards, chat rooms, and user forums.
You are prohibited from posting or transmitting to or from this web site any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, THE IT SQUAD, LLC will have no liability related to the content of any such communications.

Privacy Statement:

The IT Squad, LLC (ITS)

The IT Squad has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for the website www.theitsquad.com,
Upon visiting this site, we track the URL link or the IP address source that your visit originated from. This tracking device is used to monitor the source of incoming traffic to the website and is used for internal marketing purposes. We also use this information to help diagnose problems with our server, and to administer our Web site. We do not disseminate or gather personal information about the user from such tracking methods. Any information obtained is not shared with anybody outside the scope of The IT Squad, LLC.
This site has security measures in place to protect against the loss, misuse, and alteration of the information under our control. These measures include firewalls, password authentication, and 24-hour network and system monitoring.
This website contains links to other websites. Please note that when you click on one of these links, you are leaving The IT Squad, LLC website and going to another website. We encourage you to read the privacy statement(s) of the linked websites since their privacy policy may differ from Ours.

This privacy policy may change at some point in the future. Any change(s) will be reviewed by The IT Squad, LLC personnel, and the TRUSTe program, to insure that we are within the guidelines of the TRUSTe. You may not be automatically notified of changes to the privacy policy. We encourage you to review this privacy policy upon each visit to this website for your privacy protection. However, if The IT Squad, LLC ever changes its policies regarding the use of already collected personally identifiable information, all customers will be notified of such changes via email and you will have to option to consent to such changes.

The IT Squad, LLC DOWNLOADS AND SOFTWARE
If you elect to download the Agent software of The IT Squad, LLC online backup, our software registration form requires users to provide contact information such as name, email address, mailing address and phone number. The application may ask for unique identifiers such as your password and data encryption key. Further, if you elect to subscribe to our monthly service, the software registration requires you to give us financial information such as your credit card numbers.

We use customer contact information from the registration form to send the user information about our company. The customer's contact information is also used to initiate direct contact when such contact is deemed necessary. This contact is directly related to the operation or support of The IT Squad, LLC online backup product. Financial information that is collected is used to bill the user for products and services. Unique identifiers may be escrowed in encrypted form to allow customer support to troubleshoot The IT Squad, LLC online backup operation. This information is not shared with any companies or individuals other than The IT Squad, LLC, Inc. personnel and its authorized resellers.
THE IT SQUAD, LLC, freely distributes its software products. Some versions of the software are distributed through authorized resellers of its Agent software. These resellers have a customized version of the Agent software with their unique tracking code embedded. Authorized resellers have access to the customers who registered with their version through secure access between the reseller and, Inc. The information resellers can view is limited to name, address, phone number and email address. All unique identifiers and financial information cannot be viewed by anyone other than The IT Squad, LLC personnel. THE IT SQUAD, LLC personnel only view such information for the purposes of billing or upon request of the customer. Customers who obtain THE IT SQUAD, LLC products through an authorized reseller may be contacted directly that reseller via email, telephone or address.

COMMUNICATION
THE IT SQUAD, LLC sends email to customers who use their software. This email is used for customer awareness and internal marketing. The email is mainly used for welcome letters, instruction letters, billing, receipts, monthly status reports, and cancellation letters.

CONTACT INFORMATION
This site gives users the following options for removing and updating their information in the database. You can send email to info@theitsquad.com. This site gives users the following options for changing and modifying information previously provided. You can send email to info@theitsquad.com; If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can send email to info@theitsquad.com;
Or you can contact us at:

The IT Squad, LLC
3588 Hoffman Road East, Suite 100
Vadnais Heights, MN 55110

Linking to THE IT SQUAD, LLC's Web Site
THE IT SQUAD, LLC permits anyone to link to the web site subject to the linker's compliance with the following terms and conditions:
A site that links to THE IT SQUAD, LLC's web site:
May link to, but not replicate, content contained in THE IT SQUAD, LLC's site;
Must not create a border environment or browser around content contained in THE IT SQUAD, LLC's site;
Must not present misleading or false information about THE IT SQUAD, LLC's services or products;
Must not misrepresent THE IT SQUAD, LLC's relationship with the linker;
Must not imply that THE IT SQUAD, LLC is endorsing or sponsoring the linker or the linker's services or products; Must not use THE IT SQUAD, LLC's logos or trade dress without prior written permission from THE IT SQUAD, LLC; Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages; Must not contain materials that would violate any laws;
Must agree that the link may be removed at any time upon THE IT SQUAD, LLC's request pursuant to THE IT SQUAD, LLC's reserved rights to rescind its consent to allow the link.

Third-Party Web Sites
THE IT SQUAD, LLC's site provides links to third-party web sites, which are not under the control of THE IT SQUAD, LLC. THE IT SQUAD, LLC makes no representations about third-party web sites. When you access a non-THE IT SQUAD, LLC web site, you do so at your own risk. THE IT SQUAD, LLC is not responsible for the reliability of any data, opinions, advice, or statements made on third-party sites. THE IT SQUAD, LLC provides these links merely as a convenience. The inclusion of such links does not imply that THE IT SQUAD, LLC endorses, recommends, or accepts any responsibility for the content of such sites.

Third-Party Products and Services
THE IT SQUAD, LLC web site contains mention of third-party products and services for informational purposes. THE IT SQUAD, LLC makes no recommendations or endorsements about third-party products and services. References to third-party services and products are provided by THE IT SQUAD, LLC "as is", without warranty of any kind, either express or implied.

Terms of Service

Effective on: 03/17/05
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
This Agreement is between The IT Squad, LLC, Inc. ("The IT Squad, LLC") and you ("you" or "Customer"), as an authorized user of The IT Squad, LLC Services, and governs the terms and conditions of your use of The IT Squad, LLC Services. 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 The IT Squad, LLC (collectively, the "Agreement"), constitutes the entire agreement between The IT Squad, LLC and you regarding The IT Squad, LLC Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by The IT Squad, LLC related to the Services shall be pursuant to a separate agreement governing Customers' use of such software. For purposes of this Agreement, "The IT Squad, LLC Services" or "Services" are defined as any and all services provided by The IT Squad, LLC to you either now or in the future. By using The IT Squad, LLC Services, you confirm your acceptance of, and agree to be bound by, this Agreement.

Definition of Terms
a. The IT Squad, LLC, Inc. is referred to herein as "The IT Squad, LLC," "we," "us," or "our."
b. You, as the user, are referred to herein as "you," "user," "subscriber," "client," or "customer."
c. The equipment and software owned, leased, used by, or maintained for or by The IT Squad, LLC are referred to herein as "the The IT Squad, LLC system" or "system."
d. User files, directory structure, and file content are referred to herein as user files.
e. Information stored in and/or gathered by The IT Squad, LLC's system about the user, user's files, and user's system usage (user's meta-information) are referred to herein as "user data."

Plus Service Usage; Fair Use Policy.
As a Plus Service Customer, you will receive usage of all the services mentioned above.
PLEASE NOTE, HOWEVER, THAT YOUR USE OF THE SERVICE IS SUBJECT TO THE IT SQUAD, LLC’S "FAIR USE" POLICY. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY MONTH, YOUR USAGE GREATLY EXCEEDS MORE THAN THE AVERAGE LEVEL OF MONTHLY USAGE OF THE IT SQUAD, LLC’S PAID SUBSCRIPTION CUSTOMERS GENERALLY. FOR PURPOSES OF THIS POLICY, "USAGE" MEANS THE TOTAL AMOUNT OF BANDWIDTH A FILE/FOLDER HOSTED AND SHARED FROM OUR SERVICE GENERATES, AS DETERMINED BY US IN OUR SOLE DISCRETION. WE RESERVE THE RIGHT TO AT ANYTIME ENFORCE THIS POLICY IN ACCORDANCE WITH ITS TERMS (I.E., USAGE WITHIN ANY MONTH IN EXCESS OF MORE THAN THE AVERAGE LEVEL OF MONTHLY USAGE OF OUR SUBSCRIPTION CUSTOMERS GENERALLY).
IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, A THE IT SQUAD, LLC REPRESENTATIVE WILL ATTEMPT TO CONTACT YOU TO REACH AGREEMENT ON A REVISED PRICING PLAN WHICH WILL PERMIT YOU TO CONTINUE TO USE THIS PAID SUBSCRIPTION SERVICE. HOWEVER, THE IT SQUAD, LLC RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT WITHOUT PRIOR NOTICE IN THE EVENT OF A POLICY VIOLATION.

Registration
To use the Service, you must submit a complete The IT Squad, LLC registration form, which is available at https://www.The IT Squad, LLC.com (the "Registration Form"), on your behalf. As part of the registration process for the Service, you agree to: (1) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If The IT Squad, LLC discovers that any of your Registration Data is inaccurate, incomplete or not current, The IT Squad, LLC may terminate your right to access and receive the service immediately upon notice. The IT Squad, LLC will evaluate the registration application in good faith and will notify you in a timely manner regarding acceptance or rejection. The IT Squad, LLC may reject a registration application if it determines, in its sole discretion, that the user is not an appropriate subscriber or user of the Service. The IT Squad, LLC reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. The IT Squad, LLC need not provide a reason for its rejection. If The IT Squad, LLC rejects your application, then you may reapply and The IT Squad, LLC will reconsider the application. You may not register for this Service if you are under 18 years of age. By registering for this Service you represent to The IT Squad, LLC, that you are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process you will have opened an account with The IT Squad, LLC and will become a subscriber to the The IT Squad, LLC Service.

Non-Transferable Membership.
The IT Squad, LLC grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the Service (the "Content") solely for your own internal purposes. All rights not expressly granted by The IT Squad, LLC to you are retained.

Restrictions.
You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal use. Unauthorized use of the Service, or the resale of the Services without The IT Squad, LLC's prior written consent, is expressly prohibited. You shall not copy, license, sell, transfer, transmit, make available, distribute, publish, or assign this license or the Content in any format to any third party.

Third Party Interaction.
In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The IT Squad, LLC shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

Links to Third Party Sites.
The IT Squad, LLC does not endorse any sites on the Internet that are linked through the Service. The IT Squad, LLC is providing these links to you only as a matter of convenience, and in no event shall The IT Squad, LLC be responsible for any content, products, or other materials on or available from such sites.

User Accounts.
A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with The IT Squad, LLC. To open a user account, you or your company must complete the registration process by providing The IT Squad, LLC with current, complete and accurate information as prompted by the registration form. In registering for the Service, you agree to submit accurate, current and complete information about you and promptly update such information. Should The IT Squad, LLC suspect that such information is untrue, inaccurate, not current or incomplete, The IT Squad, LLC has the right to suspend or terminate your usage of the Service. You will choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual.

User Responsibilities.
You are also solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify The IT Squad, LLC immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of Content that is known or suspected by you. The IT Squad, LLC shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by The IT Squad, LLC, or any transactions entered into through the Service or failure to abide by this Agreement. DO NOT MISUSE OR ABUSE OUR SYSTEM OR OUR SYSTEM RESOURCES (I.E. BANDWIDTH). YOUR ACCOUNT WILL BE IMMEDIATELY TERMINATED.

Account Information and Data.
The IT Squad, LLC does not own any data, information or material that you submit to the Service or store in your account ("Data"). The IT Squad, LLC will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement. Please be aware that The IT Squad, LLC does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties but such information will not include personally identifying information and that your Internet protocol address is not transmitted with each message sent from your The IT Squad, LLC account. The IT Squad, LLC may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not The IT Squad, LLC, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and The IT Squad, LLC shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.

Activity of Account
If user does not access his or her account for a period of one hundred and twenty (120) days or more, The IT Squad, LLC may (in its own discretion) remove and/or purge user's data and account from the system. At its own discretion, The IT Squad, LLC may make at least two attempts, at least fifteen (15) days prior to deletion, to alert user of the pending deletion via his/her provided e-mail address. User agrees and acknowledges that no other notification is necessary and that e-mail provides an entirely adequate, sufficient, and complete means by which notice may be given user by The IT Squad, LLC. If user does not respond to The IT Squad, LLC, The IT Squad, LLC will deem the account abandoned and user's data may be immediately purged from the system. The IT Squad, LLC advises users to please keep their accounts and contact data current and in use or they will be purged.
While The IT Squad, LLC endeavors to prevent viable accounts and data from being purged prematurely, The IT Squad, LLC is under no obligation to maintain abandoned accounts. User agrees that lack of activity for one hundred and twenty (120) days or more conclusively indicates that user's account is abandoned and that all data associated with the account may be deleted and/or purged.

Payment of Fees.
The IT Squad, LLC offers its Service, as described on the The IT Squad, LLC website (www.The IT Squad, LLC.com) and as published within the Service, for monthly or annual fees (the "Fees") which you will pay to The IT Squad, LLC by authorized credit card. The Fees applicable for the Service are available at www.The IT Squad, LLC.com and as published within the Service. The IT Squad, LLC reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email). Your authorized credit card will automatically be charged Fees on the day you sign up for the Service, or the expiration of the initial trial period, if any, whichever is later. Thereafter, the Fees will automatically be charged to your authorized credit card, in advance, on the date of the month the Service was initially charged. In the event you cancel the Service, The IT Squad, LLC will not refund any Fees already paid by you.
Your The IT Squad, LLC account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The Service may be suspended, archived or purged from system if account is delinquent for more than one billing cycle. The IT Squad, LLC may impose a charge to restore archived data from delinquent accounts.

If you believe The IT Squad, LLC has billed you incorrectly, you must contact The IT Squad, LLC no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to The IT Squad, LLC's Customer Support department (support@The IT Squad, LLC.com).
The IT Squad, LLC may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by The IT Squad, LLC thirty (30) days after the mailing date of the invoice, or the Service may be terminated. Unpaid invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, plus all expenses of collection.
Please remember that The IT Squad, LLC bills you immediately for the extra space you order. You will initially be charged a pro-rated charge for the upgrade based on the number of days left until your regular billing date. Subsequently, you will be billed for all subscription charges on the normal billing date for your account. If you choose to cancel the extra space after your card has been billed for the month, you will not be reimbursed for the days you did not use the extra space.

Trial Offers, Coupons, Credits and Special Offers.
The IT Squad, LLC reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. The Free Trial offer associated with The IT Squad, LLC Plus and Workgroup entitles new, registered subscribers to a one-time free trial usage of the service. Free Trial terms vary by promotional offer. At the end of the trial period You will be automatically subscribed and we will bill your credit card for the fees to the Service plan You selected at registration or to a default Service plan for trial subscribers selected by The IT Squad, LLC. If You wish to terminate the trial and do not wish to subscribe to a plan, You must cancel before the end of your trial period. For cancellation instructions, log in to your account and click on the Billing Info section of your My Account page.

User Conduct.
You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to: (a) use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (h) harass or interfere with another user's use and enjoyment of the Service.
The IT Squad, LLC has no obligation to monitor the Service and/or Content or any user's use thereof or retain the content of any user session. However, The IT Squad, LLC reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Termination.
The IT Squad, LLC, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to The IT Squad, LLC at any time; however, you will not receive a refund of any portion of your fees paid to The IT Squad, LLC. Upon termination by The IT Squad, LLC or at your direction, you may request a file of your Data, which The IT Squad, LLC will make available for a fee. You must make such request at the notification of termination to receive such file within (30) days of termination. Upon termination of an account, your right to use such account and the Service immediately ceases. The IT Squad, LLC shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.

Proprietary Rights.
Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that The IT Squad, LLC or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, text, images, and other multimedia data. The IT Squad, LLC and/or other The IT Squad, LLC products and services referenced herein are either trademarks or registered trademarks of The IT Squad, LLC.

Indemnification.
You shall indemnify and hold The IT Squad, LLC and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.

Disclaimer of Warranties.
THE IT SQUAD, LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. THE IT SQUAD, LLC DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE IT SQUAD, LLC.

Limitation of Liability.
IN NO EVENT SHALL THE IT SQUAD, LLC'S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL THE IT SQUAD, LLC BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF THE IT SQUAD, LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Additional Rights.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

Local Laws and Export Control.
The IT Squad, LLC controls and operates this Service from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. The IT Squad, LLC makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may