INFRASCALE TERMS OF USE

Welcome to Infrascale. The Infrascale.com and sosonlinebackup.com websites, including all subpages and successor pages thereto (collectively, the “Site”), are owned and operated by Infrascale, Inc. (“Infrascale”). These Terms of Use (“Terms”) apply to the Site, and by visiting, browsing, accessing, downloading, installing or using the Site or materials provided on or through the Site, or any portion thereof, you accept and agree to be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT VISIT, BROWSE, ACCESS, DOWNLOAD, INSTALL OR USE THE SITE OR MATERIALS PROVIDED BY OR THROUGH THE SITE.

Any information you submit to us, or any information we collect in connection with the Site, is subject to the Infrascale Privacy Policy. In addition to these Terms and the Infrascale Privacy Policy, your purchase of any Infrascale product or service subjects you to the rules, guidelines, license agreements, user agreements, Product Terms of Service and other terms and conditions applicable to such purchase (collectively, “Product Terms”). If there is a conflict or inconsistency between these Terms and the Product Terms, the latter shall have precedence with respect to your access to and use of the purchased Infrascale product or service.

GENERAL USE PROVISIONS

All content and materials provided on or through the Site or available for download from the Site, including but not limited to webpages, information, data, documents, text, products, logos, graphics, photographs, videos, trademarks, interfaces, audio, Software (as defined below), computer code and services (collectively, the ”Materials”), are owned, controlled or licensed by or to Infrascale or its third party providers, and are the copyrighted work of Infrascale and/or its third party providers. Except as expressly stated herein, the Materials may not be modified, altered, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, printing, recording or other means, without the prior express written permission of Infrascale.

You may download, store, display on your computer, view, listen to, play and print Materials subject to the following: (i) the Materials may be used solely for your informational purposes; (ii) the Materials may not be modified or altered in any way; and (iii) the Materials may not be redistributed. This permission terminates automatically without notice if you breach any of these Terms. You agree that upon termination, you will immediately destroy any downloaded or printed Materials.

PROHIBITED USES

You agree not to (i) access or use the Site in any manner that could damage, disable, overburden or impair the Site or any Infrascale accounts, systems or networks (collectively, “Infrascale Systems”); (ii) attempt to gain unauthorized access to the Site, any Materials or Infrascale Systems; (iii) interfere or attempt to interfere with the proper working of the Site or any Infrascale Systems; (iv) obtain or attempt to obtain any Materials or proprietary Infrascale content via any means not expressly made available by Infrascale; (v) assess or test the vulnerability of the Site or attempt to breach its security or authentication measures; (vi) use the Site or Materials for any purpose that is unlawful or prohibited by these Terms, or to solicit illegal or infringing activities; (vii) use any robot, spider, scraper or other automated means to access the Site or any Infrascale Systems without Infrascale’s express written permission; and (viii) use, export or re-export Materials in violation of applicable laws or regulations, including but not limited to U.S. export laws.

ACCOUNT REGISTRATION

If you register for an account with Infrascale, you must complete the registration process by providing us with current, complete and accurate information. You may also be required to choose a password and a username. Access to and use of password protected or secure areas of the Site are restricted to authorized users only. You agree not to share your password(s), account information or access to the Site with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Site. You agree to notify Infrascale immediately of any unauthorized use of your password(s) or account(s), or any other breach of security of which you become aware.

SOFTWARE USE RESTRICTIONS

Any software that may be made available to download from the Site (“Software”) is the copyrighted work of Infrascale and/or its third party providers. Use of the Software is subject to all agreements such as a license agreement, user agreement or Product Terms of Service that accompanies or is included with the Software or ordering documents (”License Agreement”). In the event that Software is provided on the Site and is not licensed for your use pursuant to a License Agreement specific to the Software, you may use the Software subject to the following: (i) the Software may be used solely for your personal, informational, noncommercial purposes; (ii) the Software may not be modified or altered in any way; (iii) the Software may not be redistributed; and (iv) you may not interfere with, decompile, reverse engineer or disassemble the Software, except where such restrictions are prohibited by law.

Without limiting the foregoing, the unauthorized copying or reproduction of the Software is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with these Terms or the License Agreement is expressly prohibited by law, and may result in civil and criminal penalties. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

VIOLATION OF TERMS OF USE

Infrascale may, in its sole discretion, at any time (i) discontinue providing the Site or Materials; or (ii) suspend, terminate or limit your access to or use of the Site or Materials. Without derogating from the foregoing, Infrascale may suspend, terminate or limit your access to or use of the Site or Materials if Infrascale determines, in its sole discretion, that you have infringed the copyrights or intellectual property rights of a third party. You agree that Infrascale shall not be liable to you or any third party for any suspension, termination or limitation of your access to, or use of, the Site or Materials.

Infrascale reserves the right to disclose information about you that it deems necessary to comply with any applicable laws, regulations or legal requests. In the event of any investigation or complaint regarding your use of the Site, Infrascale may disclose information about you if it determines such action is necessary. Infrascale may also disclose identifying information about you in order to contact, identify or take action against someone injuring or interfering with the rights of Infrascale, its customers or other users of the Site.

LINKS TO THIRD PARTY SITES

The Site may contain links to websites and access to content, products and services of third parties (collectively, “Third Party Content”). Infrascale is not responsible for and does not endorse or accept any responsibility for use of these third party websites and Third Party Content. You bear all risks associated with access to, and use of, such websites and Third Party Content. Infrascale is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Infrascale of the linked website or Third Party Content. It is your responsibility to take precautions to ensure that any Third Party Content you use is free of viruses or other items of a destructive nature.

RESERVATION OF RIGHTS

The Site and Materials are the intellectual property and copyrighted works of Infrascale or its third party providers. Any rights not expressly granted herein are reserved by Infrascale. Except where expressly provided otherwise in writing by Infrascale, nothing on the Site or contained herein shall be construed to confer any license, offer for license or sale under any of Infrascale’s or any third party provider’s intellectual property rights, whether by implication, estoppel or otherwise. All Materials are provided on an “As Is” and “As Available” basis and Infrascale reserves the right to terminate the permissions granted to you herein in its sole discretion, with or without notice. Materials provided by third party providers have not been independently reviewed, tested, certified or authenticated by Infrascale and as such, Infrascale makes no guaranties or warranties with respect to their accuracy, suitability or contents.

SUBMISSIONS

Except where expressly provided otherwise in writing by Infrascale, all comments, feedback, information or materials submitted to Infrascale through or in connection with the Site (”Submissions”) shall be considered non-confidential, notwithstanding anything that you may note or state in connection with uploading, sharing, posting, publishing, transmitting or otherwise making available (“Sharing”) Submissions. Submissions shall be received and treated by Infrascale on a non-confidential and unrestricted basis and Infrascale shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you Share, other than as specified in the Infrascale Privacy Policy.

You agree that you will only Share on or through the Site Submissions that you have the right and authority to Share and for which you have the right and authority to grant to Infrascale all of the licenses and rights set forth herein. By Sharing Submissions, you grant Infrascale a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Submissions for any purpose and in any form, medium or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Submissions into any Infrascale product or service, and to display, market, sublicense and distribute the Submissions as incorporated or embedded in any product or service distributed or offered by Infrascale without compensation to you. You represent and warrant that: (i) you have the right and authority to grant this license; (ii) Infrascale’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (iii) all so-called moral rights in the Submissions have been waived to the full extent allowed by law.

You agree that you will not Share any Submissions that: (i) are false or misleading; (ii) are defamatory, derogatory, degrading or harassing of another or constitute a personal attack; (iii) invade another’s privacy or include, copy or transmit another’s confidential, sensitive or personal information; (iv) promote bigotry, racism, hatred or harm against any group or individual; (v) are obscene or not in good taste; (vi) violate or infringe or promote the violation or infringement of another’s rights, including intellectual property rights; (vii) you do not have the right and authority to Share and grant the necessary rights and licenses for; (viii) violate or promote the violation of any applicable laws or regulations; or (ix) contain any viruses, Trojan horses or other components designed to limit or harm the functionality of a computer.

DISCLAIMER

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN WRITING BY INFRASCALE, THE SITE AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INFRASCALE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS. INFRASCALE MAKES NO WARRANTY THAT: (A) THE SITE OR MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR MATERIALS WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF THE SITE OR MATERIALS WILL MEET YOUR EXPECTATIONS.

ALL MATERIALS ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE SITE ARE USED AT YOUR OWN DISCRETION AND RISK. INFRASCALE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SITE OR MATERIALS. INFRASCALE HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MODIFY AND MONITOR THE USE OF THE SITE AND MATERIALS.

EXCLUSIONS AND LIMITATIONS

IN NO EVENT SHALL INFRASCALE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO OR USE OF THE SITE OR MATERIALS, EVEN IF INFRASCALE HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

INTELLECTUAL PROPERTY NOTICES

The Site and Materials are protected by trade dress, trademark, copyright and other laws and may not be transmitted, reproduced, repurposed, copied or imitated in whole or in part unless expressly permitted in writing by Infrascale.

Infrascale, the Infrascale logo and other Infrascale product names referenced on the Site and in the Materials are trademarks of Infrascale, Inc., and may be registered in the United States and other countries. All other product names, company names, marks, logos and symbols are trademarks of their respective owners.

You may not remove, deface or modify any notice of copyright, trademark, logo or other notice of ownership from any originals or copies of the Site or Materials.

EXPORT RESTRICTIONS/LEGAL COMPLIANCE

You may not access, download, use or export the Site or Materials in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws, restrictions and regulations of any United States or other applicable agency or authority, and to not directly or indirectly provide or otherwise make available any services and products of Infrascale in violation of any such restrictions, laws or regulations. You shall obtain and bear all expenses related to any necessary licenses, authorizations and/or exemptions with respect to your own use of the services of Infrascale outside the U.S. Neither the services or products of Infrascale nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into any country subject to U.S. trade sanctions, (Supplement No. 1 to Part 740, Export Administration Regulations, Country Group E:1), to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions. By agreeing to these Terms, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

MODIFICATION

Infrascale may revise, add or remove portions of these Terms at any time with or without notice to you. The revised Terms will be effective when posted and will supersede all previous versions. Your continued use of the Site following the posting of any revised Terms indicates your acknowledgement and acceptance of the new Terms. As such, it is your responsibility to review the Terms periodically.

WAIVER AND SEVERABILITY

The failure of Infrascale to exercise or enforce any rights or provisions in these Terms shall not constitute a waiver of such right or provision. If any part or provision of these Terms is found to be unenforceable, such part or provision may be modified to make the Terms as modified legal and enforceable. The balance of the Terms shall not be affected.

APPLICABLE LAWS

All matters relating to your access to, and use of, the Site and Materials shall be governed by U.S. federal law or the laws of the State of Delaware. Any legal action or proceeding relating to or arising out of your access to, or use of, the Site or Materials shall be instituted in a state or federal court located in Wilmington, Delaware. You and Infrascale agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

CONTACT INFORMATION

If you have any questions about these Terms, please contact Infrascale at legal@infrascale.com.