SAFE™ - Stafford Associates File Ensure (“ the Service”) Terms of Service

1. All software provided by Stafford Associates Computer Specialists, Inc. (“Stafford”) is on an "as is" basis with no representations or warranties of any kind and Stafford will not be liable for any damages of any kind arising from the use of said software. Stafford further disclaims all warranties, express and implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose and/or infringement.

2. Stafford grants you (the “user”, sometimes also referred to as “you”) a non exclusive, non-transferable, royalty-free, limited license to use the binary form of the software provided by Stafford for personal use only. Redistribution of programs owned or provided by Stafford, unless explicitly granted in writing by Stafford, is strictly prohibited and the user acknowledges that the violation or infringement of any proprietary software or other materials owned or provided by Stafford to the user may result in civil or criminal proceedings and penalties against the user.

3. All content included on the SAFE™ Web site, including text, graphics, logos, button icons, images, software and/or programs, is the property of Stafford or its content suppliers and is protected by local, national, and international copyright laws. Any attempt of reverse engineering, disassembly, or decompilation of software and/or programs, unless it is explicitly permitted in writing by Stafford is prohibited by this agreement and/or by law.

4. Stafford may send notices to you via either e-mail or regular mail. Stafford may also provide notices of changes to the terms or other matters by displaying notices or links to notices to you generally on the Services provided by Stafford

5. Stafford reserves the right and the user hereby agrees that Stafford has the right to modify, change, discontinue and/or terminate any or all of the terms of this agreement, and/or the entire agreement, at any time.

6. The user specifically agrees and acknowledges that user will not use, directly or indirectly, the Service or software provided by Stafford for any unauthorized, improper and/or unlawful activities not otherwise covered above, including but not limited to, attempting to compromise the security of any person, entity, company, computer or networked account, a site or a country. Appropriate legal procedures will be pursued when Stafford is aware of any of these activities.

7. You expressly understand and agree that Stafford shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, or for the loss of files, data, backup or the inability to restore same, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Stafford has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or copying or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) the failure of the software or service or the inability to backup, copy and/or restore any file or data; and/or (vi) any other matter directly or indirectly relating to the Service.

8. You further agree that: (a) your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis and you specifically acknowledge that this agreement is the entire agreement between the parties and that you have not relied upon any representations of Stafford which are not contained in this agreement. Stafford 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 and non-infringement. (b) Stafford makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (vi) any errors in the software and/or programs will be corrected. (c) Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. (d) No advice or information, whether oral or written, obtained by you from Stafford or through or from the Service shall create any warranty not expressly stated in the Terms of Service.

9. The user acknowledges that their encrypting keys for use with the Service are known only to the user. The user is responsible for the knowledge, safety, and security of their encrypting keys. The user has the sole responsibility to make sure their encrypting keys are kept in a safe and secure place. Stafford shall not be responsible for or liable for the loss or failure of the user’s encrypting keys or for any damages (including, but not limited to, damages for the inability to backup and/or restore data or the disclosure of information or data, confidential or otherwise) resulting from loss/corruption/compromise of this key.

10. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

11. This agreement may only be amended, modified, or supplemented by the user through a written agreement signed by all of the parties hereto.

12. This agreement contains the entire agreement and understanding between and among the parties and supersedes any prior understandings and/or agreements among them with respect to the subject matter of this agreement.

13. If any provision of this agreement shall be held invalid, unenforceable or contrary to law, then said provision shall be stricken, and the remaining provisions of this agreement shall nonetheless survive and remain in full force and effect to the extent permitted by law.

14. The user agrees that by subscribing and/or otherwise using or availing itself of the Service, the user acknowledges that it has read and agreed to all of the terms and conditions of this contract and the user’s use of the Service is acknowledged by user to constitute the user’s express consent to all of the terms and conditions of this agreement. If the user does not agree to all of the terms and conditions of this agreement, then the user specifically acknowledges that it will not use or otherwise avail itself of this service.

15. In addition to any other rights Stafford may have, the user acknowledges that in the event the user fails to pay any portion of Stafford's fee for this service when due, Stafford reserves the right to immediately discontinue all or part of the Service described herein.

16. This agreement shall be governed by and construed in accordance with the laws of the State of New York.

last updated 08/15/2006