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CenturyLink Personal Digital Vault
TM
Terms of Service
Acceptance of Terms
NOTICE TO ALL USERS: BEFORE YOU PLACE A CHECK IN THE “I HAVE READ AND AGREE”
BOX: Please carefully read these Terms of Service relating to your purchase of Services, and your
licensing of the Software, described below (collectively referred to as “Service”). The Terms of Service
may also be found at qwest.centurylink.com/legal/digitalvault/ (referred to as the “Site”). CenturyLink shall
have the right at any time to change or modify the Terms of Service or to impose new conditions. Such
changes, modifications, additions or deletions will be effective immediately upon notice thereof, which
may be given by means including, but not limited to, the posting on the Site or by electronic mail. Your
use of the Services after such notice will be your acceptance of such changes, modifications, additions or
deletions. The Terms of Service do not alter in any way the terms or conditions of any other written or
online agreement you may have with CenturyLink.
Your check in the box labeled "I have read and agree" is an electronic signature and acknowledges: (1)
you agree the Terms of Service contain the terms under which the Services are offered and provided to
you; (2) you understand and agree to such terms (even if you don't read them); (3) you understand and
agree to the prices, charges, and other terms and conditions quoted to you during the ordering process
and on the Site, all of which are incorporated by reference; (4) you represent that you are at least 18
years of age; and (5) you agree that your continued use of the Services after your initial acceptance of the
Terms of Service will constitute acceptance of the then current Terms of Service. Federal and some state
laws provide for certain disclosures, and the relevant language from the federal act can be viewed at
qwest.centurylink.com/legal/electronicsignatures.html. You may provide yourself a paper copy of these
Terms of Service by printing them from the Site. CenturyLink does not otherwise provide you with a paper
copy. A standard connection to the Internet/World Wide Web, a device that sends and accepts standard
e-mail, and a software program that permits you to display standard Internet Web sites are the only
hardware/software that we know of that are needed to communicate with CenturyLink and access this
information in electronic form. IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE, DO NOT
CHECK THE BOX AND DO NOT USE THE SERVICE. NOTE: BY INSTALLING, COPYING,
DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE OR SERVICE, YOU
AGREE TO BE BOUND BY THE TERMS OF SERVICE.
These terms and conditions, together with the other terms and conditions referenced herein (“Terms of
Service” or “Agreement”) are between Qwest Corporation, d/b/a CenturyLink QC, including its
subsidiaries (“CenturyLink”) and the end user of the Service (“you” or “Customer”).
Description of Service.
CenturyLink Personal Digital Vault enables you to back-up documents, such as personal photographs
and videos, sound and graphics (“Content”) from your personal computer to CentjuryLink’s remote data
back-up via the Internet. The Service also gives you the ability to access, manage and share your
Content from any computer with Internet access. CenturyLink will provide to you the amount of back-up
space that is mutually agreed upon at the time you order the Service. It is your responsibility to routinely
back-up your Content, whether you choose automatic or manual back-up. Content you back-up will be
retained for the life of your account, as further described below.
All or portions of the Services provided hereunder may be provided by a third-party provider, including but
not limited to, the storage of Customer Content backed up via the Services as well as credit card
processing. By accepting these Terms of Service, you consent to the provision of all or any portion of the
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Services by such third-party provider; and you understand and agree that payment may be collected from
you through a third party credit card processor. You agree that the payment and credit card processing
services, and any of your personally identifiable information required for payment and credit card
processing services, may be transferred from such third party to CenturyLink at any time.
SERVICE DISCLAIMERS
CENTURYLINK PERSONAL DIGITAL VAULT IS NOT AN ARCHIVAL SERVICE. YOU ARE SOLELY
RESPONSIBLE TO MAINTAIN ORIGINAL VERSIONS OF YOUR CONTENT ON YOUR PERSONAL
COMPUTER THAT YOU BACK-UP THROUGH CENTURYLINK PERSONAL DIGITAL VAULT. DUE
TO THE NATURE OF BACKUP SERVICE, IT IS RECOMMENDED THAT YOU PERFORM
OCCASIONAL TEST RESTORES AND FAMILIARIZE YOURSELF WITH THE OPERATION OF THE
SOFTWARE AND SERVICE BEFORE AN EMERGENCY SITUATION ARISES.
FILES THAT ARE DELETED FROM YOUR PERSONAL COMPUTER OR DESELECTED FROM YOUR
BACK-UP PROFILE WILL BE RETAINED IN YOUR BACK-UP FOR THE LIFE OF YOUR ACCOUNT
AND WILL COUNT TOWARDS YOUR BACK-UP LIMIT, UNLESS YOU CONTACT CUSTOMER
SUPPORT TO REQUEST REMOVAL.
PRIOR VERSIONS OF BACKED-UP FILES MAY BE RETAINED IN CENTURYLINK’S SYSTEMS FOR
ACCOUNT MANAGEMENT PURPOSES BUT ARE NOT ACCESSIBLE OR VISIBLE TO YOU.
CONTENT THAT YOU SHARE IS NOT ENCRYPTED. SHARED FILES MAY BE FORWARDED BY
RECIPIENTS.
Software.
Grant Of License For Non-Commercial Use. Subject to the terms of this Agreement, CenturyLink
grants to You, a personal, non-exclusive, non-transferable, non-sublicensable and non-commercial
limited license to install and use the software program (the "Software") and related information, materials
and documentation (the "Documentation") on one computer only. Non-commercial means that you cannot
charge other people to use the Software, nor may you charge them for work you do on their behalf if it
involves use of the Software. This license authorizes you to make one copy of the Software solely for
backup or archival purposes, provided that the copy you make contains all the proprietary notices.
Ownership of Software. The Software is owned by CenturyLink or its third party licensors and its
structure, organization and code are the valuable trade secrets of CenturyLink or its third party licensors
and are protected by United States Copyright and other laws, international treaty provisions and
applicable laws, including intellectual property, of the country in which it is being used. The Software and
Documentation are licensed and not sold to you. Except as licensed in this Agreement, CenturyLink or its
third party licensors retains all right, title and interest in and to the Software and Documentation
worldwide.
All trademarks, service marks or other similar items appearing on the Site are the property of CenturyLink
or their respective owners.
Software Upgrades. A Software upgrade replaces and or supplements (sometimes disables) the
product that formed the basis for your eligibility for an upgrade. Any Software upgrades provided by
CenturyLink or its third party licensors are subject to the terms of this Agreement and may be provided
automatically without notice to you.
Related Policies (AUP, Privacy).
Your access and use of this Service must comply with CenturyLink’s Acceptable Use Policy.
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CenturyLink values your business and respects your privacy. CenturyLink’s Privacy Policy posted at
www.centurylink.com/Pages/AboutUs/Legal/PrivacyPolicy (“Privacy Policy”) summarizes what information
we collect and how we use and disclose that information.
Restrictions. You are solely responsible for all Content and account information you access, manage,
transmit, back-up, view, restore or share through the Service. Content that you share is not encrypted.
You agree to comply with all applicable laws, rules and regulations. You may not rent, lease, subdivide,
modify, translate or sublicense the Software, Service or Documentation. You may only use the Software
and Documentation in connection with the CenturyLink Personal Digital Vault automatic backup network
and not with any other backup or related service. You may not (i) decompile, disassemble, or otherwise
reverse engineer or attempt to reconstruct or discover any of CenturyLink or its third party licensor's
source code, underlying ideas, algorithms, trade secrets or other proprietary information by any means
whatsoever, (ii) create derivative works from or otherwise modify this Software, (iii) copy or otherwise
reproduce the Documentation; (iv) back-up, access or share any Content that infringes, misappropriates
or violates the intellectual property, publicity, privacy or other proprietary rights of any party; (v) transmit
any viruses, worms, defects, Trojan horses or other items of a destructive nature; (vi) back-up, access or
share any Content that is unlawful or promotes or encourages illegal activity; (vii) back-up, access or
share any Content which may be pornographic, obscene or defamatory; (viii) share your passwords or
otherwise make your CenturyLink Personal Digital Vault available to third parties; or (viii) use the Service
in a business or for any commercial purpose.
YOU MAY NOT TRANSFER FOR VALUE OR RESELL THE SOFTWARE OR SERVICE OR USE THE
SOFTWARE OR SERVICE TO PROVIDE SERVICES TO ANY ONE.
Term And Termination.
This Agreement is effective for the term of Service ordered by you, beginning on the date you order the
Service and ending on the last day of the billing cycle of the term of Service you ordered. Service
provided on a month-to-month basis will automatically renew monthly until you cancel your Service.
Service provided on an annual basis will automatically renew on the anniversary of your Service order
date unless you cancel. If you select annual Service, CenturyLink will notify you thirty (30) days prior to
the expiration of the term. Prices are subject to change. If you do not wish to renew, you must call
CenturyLink at 1-866-809-3018 and cancel your Service, otherwise, CenturyLink will renew your Service
for another year and bill you in advance, using the method of payment you provided when you ordered
the Service.
You may terminate this Agreement and your use of the Services at any time and without cause by calling
CenturyLink at 1-866-809-3018 and returning or destroying all copies of the Software and Documentation.
If you selected an annual term, CenturyLink may refund a pro-rated portion of any pre-paid amounts.
Your Content will handled in the manner described in the section entitled Disposition of Content Upon
Termination, below. Access to any Content following termination or expiration may be possible for a fortyfive (45) day period only and may require you to renew your account. Your rights under this Agreement
will terminate automatically without notice if you fail to comply with any term(s) of this Agreement. THERE
ARE ADDITIONAL TERMINATION PROVISIONS SET FORTH BELOW WHICH AFFECT YOUR
RIGHTS AND ABILITY TO OBTAIN A COPY OF YOUR CONTENT. PLEASE READ THEM.
IF CENTURYLINK DOES NOT RECEIVE A REQUEST FOR SERVICE TERMINATION BY CALLING
CENTURYLINK AT 1-866-809-3018 YOU ACKNOWLEDGE AND UNDERSTAND THAT
CENTURYLINK WILL CONTINUE TO CHARGE YOU IN ADVANCE FOR SERVICE AS LONG AS
YOUR ACCOUNT REMAINS ACTIVE WHETHER THE SERVICE IS USED OR NOT.
CenturyLink does not control the Content of your account. CenturyLink may, but is not obligated to
monitor your use of the Service or your Content. Notwithstanding the foregoing, CenturyLink reserves the
right, in its sole discretion, to deny use of and access to all or any portion of the Service, suspend or
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terminate this Agreement, your password, your account and/or your use of the Service without notice and
for any reason, including without limitation, if you are not a CenturyLink™ High-Speed Internet customer,
if you fail to pay any charges when due, if your use is deemed excessive or if CenturyLink reasonably
believes you or someone using your account has violated this Agreement. In addition, CenturyLink
reserves the right to suspend or terminate any account without notice if CenturyLink believes, in its sole
discretion, that false, incomplete or incorrect information was provided during account creation or at any
other time. CenturyLink reserves the right to modify or discontinue this Service at any time without notice
to you. Upon notice from CenturyLink, certain users may be required to activate additional accounts at no
additional charge.
You agree that CenturyLink may, in its sole discretion and from time to time, establish or amend general
operating practices to maximize the operation and availability of the Service and to prevent abuses. As
part of these practices, we reserve the right to monitor our systems to identify excessive consumption of
network or storage resources and to take such technical and other remedies as we deem appropriate.
Service Fees and Payment
All fees for the CenturyLink Personal Digital Vault Services are charged automatically in advance using
the payment method you provide when you order the Service. If you provide CenturyLink your credit card
information, you authorize CenturyLink to automatically charge your credit card for charges that apply to
your account. Fees are billed monthly or annually in advance and are subject to change. You will provide
all information necessary for CenturyLink to bill for the Services. You affirm that the information you
supply is correct and complete and will promptly notify CenturyLink whenever your personal or billing
information changes. Specifically, if you elect to pay by credit card, you are responsible for directly
updating, or notifying CenturyLink of any changes to your credit card (including, but not limited to card
number, expiration date, billing address or card status).
If you upgrade your Service during an existing subscription term, you will be billed in full, in advance for
the new Service. Any remainder of the prior pre-paid subscription may not be refunded.
If, at any time, the Service fee is declined or otherwise rejected by your bank or credit card company or
you otherwise fail to pay for the Services, CenturyLink may immediately suspend your account until you
provide a valid payment method and pay any past due amounts. You will have thirty (30) days to contact
CenturyLink and update your payment method and have your account reactivated. If no action is taken,
CenturyLink will terminate your account. Service will not resume until you contact CenturyLink at 1-866809-3018. In order to reactivate your account, you will be charged any past due amounts and any fees
incurred by CenturyLink for rejected payments. You may also be billed in advance for ongoing services
as described above.
Disputes: The billed rate will continue unless you call us promptly and inform us that the billed monthly
rate is not the one quoted to you. You must give CenturyLink notice of any dispute on your bill.
Passwords. You will maintain the confidentiality of all passwords assigned to your account. You may
not share passwords with third parties or attempt to access the Service without providing your password.
International Access.
If you access this Service from outside of the United States, any information that you transmit through the
Service will be transferred to the United States and stored in servers located there, which may be owned
and maintained by a third party processor. CenturyLink contractually requires such processors to
maintain your personally-identifiable information under specific confidentiality terms which comply with
United States law. When contacting CenturyLink for help, you may be referred to a support agent who
will request your permission to use "click to chat" help functionality. That functionality may involve
processing of information through data centers that may be located in the United States or in other
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countries. Your communication will be processed through the data center closest to your accessing
computer. In either of the cases described above, information may be subject to less protective data
protection laws than the country in which you are located.
Export Assurances. You acknowledge there are specific restrictions and complex laws regarding the
export of software outside the United States, and you agree not to export, or allow the re-export of the
Software, Documentation, or any direct product thereof except with all necessary export licenses and
approvals. Specific export controls prohibit the software from being downloaded or exported or reexported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any
other country to which the United States has embargoed goods; or (ii) to anyone on the United States
Treasury Department's list of Specially Designated Nations or the United States Commerce Department's
Table of Denial Orders. By restoring Content or using the Software, you are agreeing to the foregoing
provisions and you are certifying that you are not located in, under the control of, or a national or resident
of any such country or on any such list.
Confidentiality and Privacy. CenturyLink will use reasonable efforts to prevent the unauthorized
disclosure of your Content and confidential information. CenturyLink, however, will not be responsible for
any matter beyond its reasonable control, including, without limitation, unauthorized electronic access of
your Content, confidential information or data. CenturyLink and its third party provider may provide
customer information to third parties or governmental entities when required, or permitted by law; to
establish rights or obligations under this Agreement; or to protect CenturyLink’s or others rights or
property regarding our Services or the services of other providers from fraudulent, abusive or unlawful
use of, or subscription to, such services.
See also CenturyLink Privacy Policies posted at
www.centurylink.com/Pages/AboutUs/Legal/PrivacyPolicy, which may change from time to time.
Additionally, CenturyLink, its affiliates and third-party vendors, may access and use information regarding
your bandwidth and storage usage (including the type and content of files you have stored)and
performance of your Service to: (a) perform maintenance, support, and other service-quality activities and
(b) verify AUP compliance and network performance.
Disclaimer of Warranty. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITH ALL FAULTS. CENTURYLINK AND ITS LICENSORS PROVIDES THE SERVICE WITHOUT
WARRANTIES OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED,
INCLUDING
WITHOUT
LIMITATION,
WARRANTIES
OF
TITLE,
NONINFRINGEMENT,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INTERFERENCE,
COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE REGARDING THE
SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE, INCLUDING, BUT
NOT LIMITED TO, THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND
DISCLAIMS ANY SUCH WARRANTIES. CENTURYLINK AND ITS LICENSORS DO NOT WARRANT
THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN
BY CENTURYLINK, ITS LICENSORS, AFFILIATES, AGENTS, OR ITS CONTRACTORS OR THEIR
RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THIS AGREEMENT OR CREATE ANY
WARRANTY. CENTURYLINK IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE,
NEGLECT, IMPROPER USE, IMPROPER ELECTRICAL VOLTAGES OR CURRENT, REPAIRS BY
OTHERS, ALTERATIONS, MODIFICATIONS, ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF
GOD, OR THE ELEMENTS. CENTURYLINK TECHNICAL SUPPORT IS NOT WARRANTED AND IS
USED AT YOUR OWN RISK. CENTURYLINK AND ITS LICENSORS MAKE NO WARRANTY
REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY
USING THE SERVICE. TO THE EXTENT THAT ANY LIMITATION IN THIS SECTION IS NOT
PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO CUSTOMER TO THE
EXTENT IT IS BARRED BY APPLICABLE LAW.
Liability Limitation.
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(a) YOU ASSUME TOTAL RESPONSIBILITY FOR USE, RESULTS OF USE, AND PERFORMANCE OF
THE SERVICE. CENTURYLINK AND ITS LICENSORS EXERCISE NO CONTROL OVER AND
DISCLAIM ANY RESPONSIBILITY FOR THE CONTENT CREATED OR ACCESSIBLE USING THE
SERVICE. YOU AGREE NOT USE THE SERVICE IN HIGH RISK ACTIVITIES WHERE AN ERROR
COULD CAUSE DAMAGE OR INJURY.
(b) REGARDLESS OF THE LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED AND
REGARDLESS OF WHETHER CENTURYLINK HAS BEEN ADVISED OF THE POSSIBLITY OF
LIABLITY, LOSS OR DAMAGE, CENTURYLINK , ITS LICENSORS, AFFILIATES, AGENTS, AND
CONTRACTORS WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL,
RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT
LIMITATION, ANY LOSS OF USE, LOSS OF BUSINESS, LOST OR IMPUTED PROFITS OR
REVENUES, LOSS OR DESTRUCTION OF CONTENT, INFORMATION OR DATA, COSTS OF
COVER, INTERRUPTED SERVICE, OR RELIANCE UPON THE SOFTWARE AND/OR ASSOCIATED
DOCUMENTATION) ARISING OUT OF OR RELATED TO THIS AGREEMENT, SERVICE OR
SOFTWARE EVEN IF ANY SUCH DAMAGES ARE CAUSED BY CENTURYLINK, ITS LICENSORS,
AFFILIATES, AGENTS, OR CONTRACTORS.
(c) WITH REGARD TO ANY SERVICE RELATED CLAIM FOR DAMAGES THAT IS NOT LIMITED BY
THIS SECTION, YOUR EXCLUSIVE REMEDIES FOR SUCH CLAIM WILL BE LIMITED TO THE TOTAL
CHARGES PAID BY YOU TO CENTURYLINK FOR THE AFFECTED SERVICE IN THE ONE MONTH
IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM.
CENTURYLINK’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS
AGREEMENT WILL NOT EXCEED THE TOTAL CHARGES PAID BY YOU TO CENTURYLINK UNDER
THIS AGREEMENT IN THE ONE MONTH IMMEDIATELY PRECEDING THE OCCURRENCE OF THE
EVENT GIVING RISE TO THE CLAIM (“DAMAGE CAP”).
(d) CENTURYLINK AND ITS LICENSORS DISCLAIM ALL LIABILITY OR RESPONSIBILITY IF
SERVICE CHANGES REQUIRE EQUIPMENT CHANGES, DEGRADE EQUIPMENT PERFORMANCE
OR SERVICE PERFORMANCE WITH THE EQUIPMENT, OR MAKE EQUIPMENT OBSOLETE.
(e) Any claim or dispute arising out of or relating to this Agreement must be brought within one year after
the cause of action arises.
Personal Injury, Death, and Property Damage. CENTURYLINK'S LIABILITY TO YOU ON ACCOUNT
OF ANY ACT OR OMISSION OF CENTURYLINK RELATED TO THIS AGREEMENT WILL BE LIMITED
TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY (AS LIMITED ABOVE), OR
BODILY INJURY OR DEATH DIRECTLY CAUSED BY CENTURYLINK'S WILLFUL MISCONDUCT OR
GROSS NEGLIGENCE. EXCEPT FOR DAMAGES DESCRIBED IN THE PREVIOUS SENTENCE, YOU
WILL NOT BE ENTITLED TO ANY OTHER DAMAGES, INCLUDING INDIRECT OR CONSEQUENTIAL
DAMAGES, REGARDLESS OF THE FORM OF ACTION. CENTURYLINK AND OUR LICENSORS,
AFFILIATES, AGENTS, AND CONTRACTORS WILL HAVE NO LIABILITY WHATSOEVER FOR ANY
DAMAGES OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE,
FILES, CONTENT, DATA OR PERIPHERALS, REGARDLESS OF THE CAUSE. Damages under this
Section will be subject to the limitation of liability in this Agreement but not the Damage Cap. TO THE
EXTENT THAT ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW,
SUCH LIMITATION WILL NOT APPLY TO CUSTOMER TO THE EXTENT IT IS BARRED BY
APPLICABLE LAW.
Indemnification. You agree to indemnify, defend, and hold harmless CenturyLink and its licensors,
affiliates, contractors, officers, directors, employees, or agents from any and all third-party claims,
liabilities, costs, and expenses, including reasonable attorney fees and punitive damages arising from:
(a) violation of any provision of this Agreement by you or others who use your Service or Software; (b)
claims for libel, slander, invasion of privacy, or infringement of any intellectual property rights arising from
the use of the Service; (c) patent infringement arising from your acts combining or using the Service in
connection with facilities or equipment (circuit, apparatus, system or method) furnished by you; (d)
negligent acts, errors, or omissions by you; or (e) injuries to or death of any person and for damages to or
loss of any property, which may in any way arise out of or result from or in connection with this
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Agreement, except to the extent that such liabilities arise from the gross negligence or willful misconduct
of CenturyLink.
Dispute Resolution and Arbitration; Governing Law. PLEASE READ THIS SECTION CAREFULLY. IT
AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF
DISPUTES THROUGH MANDATORY ARBITRATION WITH A FAIR HEARING BEFORE A NEUTRAL
ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.
(a) Arbitration Terms. You agree that any dispute or claim arising out of or relating to the Services or this
Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory)
will be resolved by binding arbitration. The sole exceptions to arbitration are that either party may pursue
claims: (1) in small claims court that are within the scope of its jurisdiction, provided the matter remains in
such court and advances only individual (non-class, non-representative, non-consolidated) claims; and
(2) in court if they relate solely to the collection of any debts you owe to CenturyLink.
(i) Arbitration Procedures. Before commencing arbitration you must first present any claim or dispute
to CenturyLink in writing to allow CenturyLink the opportunity to resolve the dispute. If the claim or
dispute is not resolved within 60 days, you may request arbitration. The arbitration shall be conducted
by the American Arbitration Association (“AAA”). The Federal Arbitration Act, 9 U.S.C. Sections 1-16,
not state law, shall govern the arbitration of the dispute. Colorado state law, without regard to choice
of law principles, shall otherwise govern and apply to any and all claims or disputes. All face-to-face
proceedings shall be conducted at a location which is reasonably convenient to both you and
CenturyLink. Arbitration is final and binding. Any arbitration shall be confidential, and neither you nor
CenturyLink may disclose the existence, content or results of any arbitration, except as may be
required by law or for purposes of enforcement of the arbitration award. The arbitrator may award any
relief or damages that a court could award, except an arbitrator may not award relief in excess of or
contrary to what this Agreement provides. Judgment on any arbitration award may be entered in any
court having jurisdiction.
(ii) Costs of Arbitration. The party requesting arbitration must pay the applicable AAA filing fee,
except that if you are an individual using the Services for household or personal use and you initiate
arbitration against CenturyLink: (1) you must pay one-half the arbitrator’s fees up to a maximum of
$125 if your claim does not exceed $10,000; (2) you must pay one-half the arbitrator’s fees up to a
maximum of $375 if your claim is more than $10,000 but less than $75,000; and (3) you must pay an
Administrative Fee in accordance with the AAA’s Commercial Fee Schedule if your claim exceeds
$75,000 or if your claim is non-monetary. Except as provided in the preceding sentence, each party
shall pay its own expenses of the arbitration, including the expense of its own counsel, witnesses,
and presentation of evidence at the arbitration. If any party files a judicial or administrative action
asserting a claim that is subject to arbitration and another party successfully stays such action or
compels arbitration, the party filing that action must pay the other party’s costs and expenses incurred
in seeking such stay or compelling arbitration, including reasonable attorneys’ fees.
(b) Waiver of Jury and Class Action. By this Agreement, both you and CenturyLink are waiving rights to
litigate claims or disputes in court (except small claims court as set forth in paragraph (a) above). Both
you and CenturyLink also waive the right to a jury trial on your respective claims, and waive any right to
pursue any claims on a class or consolidated basis or in a representative capacity.
Notices. Except as otherwise provided herein, all required notices to CenturyLink must be in writing and
sent to 1801 California Street, Suite 900, Denver, Colorado 80202; Facsimile #: 1 888-778-0054; Attn.:
Legal Department. Except as otherwise provided herein, you agree that all required notices to you will be
provided by one or more of the following: posting, bill message, bill insert, postcard, letter, call to your
billed telephone number, or e-mail to an address provided by you when you ordered Service. You
agree to provide CenturyLink with any and every change to your e-mail address by calling 1-866-8093018 or updating your account information at https://digitalvault.centurylink.com. Except as otherwise
provided herein, all notices will be deemed given: (a) when delivered in person to the recipient named
above; (b) three business days after mailed via regular U.S. Mail; (c) when delivered via overnight courier
mail; or (d) when delivered by facsimile so long as duplicate notification is also sent in the manner set
forth in subsection (b).
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General. If any term of this Agreement is held invalid, illegal or unenforceable, such term will be
construed as nearly as possible to reflect the original intent of the parties and the remaining terms will
remain in effect. Neither party’s failure to insist upon strict performance of any provision of this
Agreement will be construed as a waiver of any of its rights hereunder. All terms of this Agreement that
should by their nature survive the termination of this Agreement will so survive. This Agreement, together
with the other agreements and policies and posted information referenced herein, constitutes the entire
agreement between you and CenturyLink with respect to the subject matter hereof, and supersedes all
prior or contemporaneous oral or written agreements or understandings relating to the subject matter
hereof. In the event of any inconsistency between this Agreement and any other documents exchanged
between you and CenturyLink related to the Service, the provisions of this Agreement will control.
Force Majeure. CenturyLink and its licensors shall not be liable for nonperformance, delay, errors, data
loss or other loss caused by any event reasonably beyond CenturyLink's control including, but not limited
to acts of God, war, hostilities, revolution, civil disorder, national emergency, strikes, lockouts,
unavailability of supplies, non-use of product, epidemics, fire, flood, earthquake, force of nature,
explosion, embargo or any law, proclamation, regulation, ordinance or other act or order of any court,
government or governmental agency.
Disposition Of Content On Termination.
THIS AGREEMENT AND THE FOLLOWING PROVISIONS GOVERN WHAT HAPPENS TO YOUR
CONTENT OR DATA ON TERMINATION OF THE SERVICE OR THIS AGREEMENT.
The Services provided to you by CenturyLink may be terminated under the Term and Termination Section
above. You understand that forty-five (45) days after the termination or expiration of the Service or this
Agreement, your Content will remain encrypted, will no longer be readable or accessible by you, and the
disk space where your Content resides will eventually be overwritten, rendering it unrecoverable (the
"Termination
Period").
You
must
call
CenturyLink
at
1-866-809-3018
or
go
to
https://digitalvault.centurylink.com prior to the expiration of the Termination Period if you wish to extend or
renew your Service. By using the Service you are agreeing to release CenturyLink and its licensors from
any and all liability, claims and damages due to lost or stolen Content or data.
During the term of Service and any time thereafter until your Content is rendered unrecoverable,
CenturyLink, or its third party providers, may be required to provide Content to law enforcement in
response to a subpoena or other formal legal process.
Back Up File Protection Requirements
In order for you to properly back up your Content, they must meet the following requirements:
1. File has to exist on your computer.
2. File must be selected as part of the backup set.
3. You must routinely confirm that your automatic backup was successful or complete a manual
backup.
Failure to meet the above requirements may result in back up failure or deletion of back up files.
You are responsible for and must provide and pay separately for all computer equipment and services
necessary to use the Service, including access to the Internet.
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