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Terms of Service

 THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE GLOBALDRIVE SERVICE AND WEBSITE.
PLEASE READ THEM CAREFULLY.
THESE TERMS OF SERVICE ARE EFFECTIVE AS OF 2006/12/02.
You have chosen to register to use Globaldrive data storage and retrieval service (the "Service").

The Service is provided to you under the terms and conditions set forth below ("Terms of Use"), and our privacy policy (the "Privacy Policy"), which collectively make up our agreement with you (the "Agreement").

There are two parties to this Agreement: the individual or entity who checks the "I accept" box on the Service registration page ("you," "your," or "yours") and The DBT Group, Inc., acting through its Globaldrive division, which maintains the www.globaldrive.com website ("Globaldrive," "we," "us, or "our").

By checking the "I accept" box on the registration page when you register to use the Service, you are agreeing to all of the terms and conditions of this Agreement. If you check the "I accept" box on behalf of any legal entity, such as a partnership or corporation, you represent and warrant that you are authorized to enter into this Agreement on behalf of that legal entity. We encourage you to print out and keep a copy of this Agreement.

Globaldrive may change, add or remove any part of this Agreement at any time. If we do so, we will inform you that we have made changes to this Agreement by posting an announcement on the Globaldrive website (www.globaldrive.com). Your continuing use of the Service constitutes your acceptance of the then-current form of this Agreement.

  1. Description of Services
  2. Conditions of Use
  3. Personal Information
  4. Credit Card Charges
  5. Canceling, Upgrading or Downgrading your Account
  6. Passwords and Account Security
  7. Security of Stored Content
  8. Inspection and Monitoring
  9. Backups of your Content
  10. Disclaimer of Warranties
  11. Limitations of Liability
  12. Indemnification
  13. Termination
  14. Feedback
  15. Notices
  16. Severability
  17. Choice of Law
  18. Miscellaneous
  19. Digital Millennium Copyright Act Notice

1.  Description of Services

Subject to Globaldrive's acceptance of your registration and your compliance with the terms and conditions of this Agreement, Globaldrive will provide you with access to Globaldrive’s servers for the purpose of storing and retrieving your data, up to the overall size limits you have chosen for your account.

When you register to use the Service, you must choose to start with either a thirty-day no-obligation Evaluation Account ("Evaluation Account") or a paid-up account ("Full Account").  In this Agreement, the term "Account" refers collectively to Evaluation Accounts and Full Accounts.

If you select a Evaluation Account, Globaldrive will create one (1) Evaluation Account in your name on Globaldrive’s servers.  Globaldrive will initially allow you to store and retrieve up to a stored total of 50 Megabytes in your Account at any given time during the thirty-day no-obligation trial.  If you cancel your Evaluation Account before the end of the thirty-day no-obligation trial period, your credit card will not be charged, and any data stored in your Evaluation Account will be irretrievably deleted without further notice.  If you do not cancel your Evaluation Account before the end of the thirty-day no-obligation trial period, you agree that your Evaluation Account will be automatically converted to a Full Account at Globaldrive’s then-current minimum Account size.  You can upgrade your Full Account to a larger size at any time (please refer to Section 5).

If you select a Full Account when you initially register, or if you select a Evaluation Account and do not cancel it before the end of the thirty-day no-obligation trial period, Globaldrive will create one (1) Full Account in your name.  Globaldrive will allow you to store and retrieve data up to the storage limit that you have selected for your Full Account.  Your credit card will be charged as provided in Section 4.

In order to use the Service, you need (i) a computer that is configured and has the speed and capacity to access the Internet, and (ii) access to the Internet, such as through a third party Internet service provider.  You are responsible for supplying your own computer and Internet connection, and for paying all network connection, telephone or other fees associated with such Internet access.

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2.  Conditions of Use

You are solely responsible for the content of all data, images, programs or other digital material (collectively, "Content") that you store or retrieve from your Account, and for all material transmitted by you to and from your Account.

Your use of the Service is subject to all applicable local, regional, county, state, provincial, national and international laws and regulations, including intellectual property and export control laws (collectively, "Applicable Laws").
You understand and acknowledge that virtually all music, movies, television shows, and similar works are protected by US and international copyright laws, and you agree to comply with all applicable copyright laws.

You agree that you will not:
  • use the Service to plan or carry out any illegal activity;
  • use the Service to store, retrieve, transmit or view any Content that:  (i) contains any illegal material;  (ii) is harassing, libelous, defamatory, abusive, threatening, harmful, pornographic, obscene or is otherwise tortious or offensive, as determined by Globaldrive in its reasonable discretion;  (iii) encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any Applicable Laws;  or (iv) contains any viruses, worms, Trojan horses or other malicious code;
  • use the Service in any manner that violates the intellectual property rights of others, including by copying, publishing, displaying, sharing or distributing any music, videos, images, books, or other kinds of works that are protected by copyrights, without the express consent of the copyright holder;
  • use the Service to contain any files that are accessed by a website, or by "bots";
  • use the Service for any activity that breaches any duty of confidentiality that you owe to anyone;
  • use the Service to transmit any bulk e-mails or spam (whether commercial or non-commercial in nature), chain letters, pyramid schemes, or make any other high volume use that may disrupt the Service or the networks through which you access and use the Service;
  • use the Service to transmit large amounts of data to a large number of users;
  • access or attempt to access any Globaldrive account for which you have no access authorization, or duplicate, modify, distribute or display any of the data or files from any such account;
  • create any links, whether on a web page, in a "blog", in an online "forum", or otherwise, that directs anyone to any part of your Account;
  • use "sharing" features in a way that amounts to "publishing" any Content, unless you own and are licensed to use such Content in that manner, and your use complies in all respects with the other provisions of this Agreement;
  • use the Service to sell digital content to others, or otherwise charge anyone for access to your Account;
  • use the Service on behalf of any third party, including "service bureau" use; or
  • use the Service to host web pages.

You agree that you will:
  • comply with all Applicable Laws, including all export control laws governing the exportation and re-exportation of any data or other materials from the United States or other jurisdictions through the Service;
  • comply with all regulations, policies and procedures of networks through which you access and use the Service; and
  • restrict the use of sharing features to share Content between friends, colleagues and business partners, within the bounds of Applicable Law and without violating any third party rights, including copyrights.

Globaldrive is not obliged to monitor its customers’ use of the Service.  However, to the extent permitted by Applicable Law, Globaldrive reserves the right, in its sole discretion, to monitor and investigate such use, including by direct inspection of Content by Globaldrive’s personnel or contractors.  The Service may also use automated procedures to detect unacceptable levels of usage and may immediately disable offending Accounts.

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3.  Personal Information

All personal information that you supply to Globaldrive will be treated in accordance with Globaldrive's Policy Policy, which is part of this Agreement.  You agree to promptly notify Globaldrive of any change in the information provided on your registration form or otherwise associated with your Account (including any change in your mailing address, telephone number(s), email address or credit card information).

Globaldrive’s use of your IP address is also governed by our Privacy Policy.  An IP address is a number that designates the computer you are using to connect to the Internet.  An IP address may be statically (i.e.  , permanently) or dynamically (i.e.  , temporarily) assigned to your computer.  Your IP address may be considered part of your personal information in some jurisdictions.

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4.  Credit Card Charges

You agree that, once a Full Account is opened for you, your subscription to the Service will renew automatically until you cancel the Service.  You hereby authorize a recurring monthly or annual charge, whichever you selected when you registered, to your credit card during your enrollment in the Service at the then-current prices as indicated on the Service pricing page(s), or such other prices contained in any authorized written quotation that we have provided you.

If you have questions or comments about your credit card charges, please email us here.  We try to respond to all customer queries within 24 to 48 hours.

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5.  Canceling, Upgrading or Downgrading your Account

Canceling your Evaluation Account
If you cancel your Evaluation Account before the end of the thirty-day no-obligation Free Trial period, your credit card will not be charged and your Content will be immediately deleted to a point from which it cannot be recovered.  In this event, you agree to hold the Service harmless from any such deletion of your Content that may be stored on the Service servers.  Please ensure you have a separate copy of the Content you stored on the Service before you cancel your Evaluation Account.

Canceling your Full Account
If you cancel your Full Account and your billing period is monthly, Globaldrive will refund the prorated unused portion of your monthly bill based on the day that begins at midnight the day after the day you cancel (i.e.  , if you cancel on Thursday at 12:01am, the unused portion of your monthly bill is calculated as the number of whole days remaining in the plan beginning with Friday).  Globaldrive will credit your credit card promptly.

If you cancel your Full Account and your billing period is yearly, Globaldrive will refund the unused portion of your annual bill based on the number of full months remaining in the unused portion of your annual bill that begin with the month after the month in which you cancel (i.e.  , if you cancel on February 1 at 12:01am, the unused portion of your annual bill is calculated as the number of whole months remaining in the plan starting with March).

When you cancel your Full Account, your Content will be immediately deleted to a point from which it cannot be recovered.  In this event, you agree to hold the Service harmless from any such deletion of your Content that may be stored on the Service servers.  Please ensure you have a separate copy of the Content you stored on the Service before you cancel your Full Account.

Upgrading your Full Account
If you upgrade your Full Account and your billing period is monthly, Globaldrive will charge you immediately for the prorated difference between your old space charges and your new, higher space charges.  The proration is based on the number of whole days remaining in your billing period, beginning with the day after the day that you upgrade your plan (i.e.  , if you upgrade from a 5Gigabyte plan to a 10Gigabyte plan on April 16th, the initial charge for the upgrade is calculated as: (the number of days remaining in the billing period beginning with April 17th divided by the number of days in the billing period) multiplied by the then-current cost difference per month between the 5Gigabyte plan and the 10Gigabyte plan.

If you upgrade your Full Account and your billing period is yearly, Globaldrive will charge you immediately for the prorated difference between your old space charges and your new, higher space charges.  The proration is based on the number of whole days remaining in your billing period, beginning with the day after the day that you upgrade your plan (i.e.  , if you upgrade from a 5Gigabyte plan to a 10Gigabyte plan on April 16th, the initial charge for the upgrade is calculated as: (the number of days remaining in the billing period beginning with April 17th divided by the number of days in the billing period) multiplied by the then-current cost difference per year between the 5Gigabyte plan and the 10Gigabyte plan.

When you upgrade your Full Account, the maximum space limit in your account registration is immediately upgraded and you can begin adding more Content to your account immediately.  If your upgraded account has a higher number of subaccounts, you can begin assigning those subaccounts immediately.

Downgrading your Full Account
If you downgrade your Full Account and your billing period is monthly, Globaldrive will credit your credit card based on the prorated then-current difference in your monthly bill, with said proration based on the number of whole days remaining in your monthly bill (i.e.  , if you downgrade from a 10Gigabyte plan to a 5Gigabyte plan on April 16th at 12:01am, the amount of credit applied to your credit card will be (the number of days remaining in the billing period beginning with April 17th, divided by the number of days in the billing period) multiplied by the then-current difference per month in charges between a 10Gigabyte plan and a 5Gigabyte plan.  Globaldrive will credit your credit card promptly.

If you downgrade your Full Account and your billing period is yearly, Globaldrive will credit your credit card based on the prorated then-current difference in your yearly bill, with said proration based on the number of whole months remaining in your yearly bill (i.e.  , if you downgrade from a 10Gigabyte plan to a 5Gigabyte plan on September 1 at 12:01am, the amount of credit applied to your credit card will be (the number of whole months remaining in the billing period, beginning with October 1) multiplied by the then-current difference per year in charges between a 10Gigabyte plan and a 5Gigabyte plan.  Globaldrive will credit your credit card promptly.

Your responsibility to avoid loss of Content if you downgrade your Full Account
Before you can downgrade your Full Account, you must ensure that both: (a) the amount of space used in your account is less than or equal to the new (downgraded) limit; and (b) the number of assigned subaccounts is less than or equal to the new (downgraded) limit.  Otherwise, you risk losing your Content, since Globaldrive has no obligation to store Content or maintain subaccounts that exceed your new (downgraded) limit.  The Service may temporarily allow for use of storage space beyond the specified plan limit chosen by the user; however, you may not depend on that, and any such storage space allocated beyond your specified plan limit may be removed at any time.

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6.  Passwords and Account Security

You are solely responsible for, and hold Globaldrive harmless from, any consequences arising out of your failure (whether intentional, negligent, or inadvertent) to maintain the confidentiality of the password for your Account ("Password").  You agree to notify Globaldrive of any unauthorized disclosure or use of your Password or other breach in security of your Account immediately after you become aware of it.  In the event you determine your Password has been stolen, Globaldrive urges you to log on to the Service and change your Password immediately.

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7.  Security of Stored Content

Globaldrive will use commercially reasonable efforts to encrypt your data and to restrict access to the Content you store or retrieve from your Account to only those persons that present the proper credentials to Globaldrive (i.e.  , your username and Password).  However, there is no way to make encryption or a password-protected data storage and retrieval system 100% impenetrable.  Accordingly, you acknowledge that it may be possible for an unauthorized third party to access your Content stored on Globaldrive's servers or transmitted to or from Globaldrive's servers across the Internet, and you agree that in the event an unauthorized third party does access your Content, any loss that you may suffer is subject to the Disclaimer of Liability section of these Terms of Use.

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8.  Inspection and monitoring of your Account usage and Content

You are solely responsible for obtaining sufficient rights to allow you to store and make use of all Content that you choose to store on Globaldrive's servers, and ensuring that all Content complies in all respects with these Terms of Use.  Globaldrive is not obliged to review, inspect, edit or monitor any Content stored by you or any other user of the Service.  However, if Globaldrive suspects that an account is being used for storage or distribution of any Content that violates these Terms of use, Globaldrive reserves the right, subject to Applicable Law, to examine all of the Content in your Account (including backups of your Account that are maintained by Globaldrive).  If Globaldrive finds any Content in your Account that violates these Terms of Use, Globaldrive has the right to suspend or permanently disable your access to your Account and delete the offending Content.  In the event any such Content is deleted, you will be notified within a reasonable amount of time.

Globaldrive’s policy is to cooperate with investigations by duly authorized law enforcement personnel and government agencies.  You acknowledge and agree that Globaldrive has the right to disclose to appropriate authorities any Content or usage of your Account that Globaldrive reasonably believes may be tortious, illegal, or related to past or planned crime.  Unless otherwise provided by Applicable Law, you have no right to be notified by Globaldrive of any such disclosure.

BY REGISTERING FOR AN ACCOUNT, YOU AGREE TO HOLD GLOBALDRIVE HARMLESS FROM, AND WAIVE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY CLAIMS YOU MAY HAVE AGAINST GLOBALDRIVE RESULTING FROM ANY DISCLOSURE, INVESTIGATION, OR ACT OR OMISSION OF GLOBALDRIVE IN THE COURSE OF CONDUCTING OR COOPERATING WITH AN INVESTIGATION AS SET FORTH ABOVE IN THIS PARAGRAPH 8.

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9.  Backups of your Content

The Service maintains multiple disks in a redundant array (commonly known as "RAID") and makes every attempt to maintain "mirrored" array copies of your Content and other Account data and makes a reasonable attempt to maintain those mirrored copies 24x7.  These redundancies exist to assist Globaldrive in recovering from disk drive failures, storage controller failures, and other hardware, software, or firmware failures.  Globaldrive makes a reasonable attempt to provide you with 24x7 access to your Content; however, as all servers, disk access, and mirrors are based on a combination of hardware and software, all of which is subject to failure, Globaldrive makes no guarantee that your Content will be available 24x7, nor that your Content will not be lost or rendered inaccessible due to catastrophic hardware, software or firmware failures.

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10.  Disclaimer of Warranties

The transmission, storage, viewing and retrieval of Content through the Internet is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable.  ACCORDINGLY, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.  THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.  GLOBALDRIVE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT OR THE SERVICE (INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT).

WITHOUT LIMITING THE FOREGOING, GLOBALDRIVE MAKES NO REPRESENTATION OR WARRANTY: (A) THAT THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE CONTENT YOU STORE USING THE SERVICE WILL NOT BE LOST OR DAMAGED; (D) THAT YOUR COMPUTER OR NETWORK OPERATIONS WILL NOT BE NEGATIVELY AFFECTED BY YOUR USE OF THE SERVICE; (E) THAT ANY DATA THAT MAY EXIST ON YOUR COMPUTER OR NETWORK WILL NOT BE LOST OR DAMAGED AS A RESULT OF YOUR USE OR NON-USE OF THE SERVICE; OR (F) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.  YOU ACKNOWLEDGE THAT ANY DATA OR OTHER MATERIAL THAT YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DATA OR DAMAGE TO YOUR COMPUTER OR NETWORK THAT RESULTS FROM THE RETRIEVAL OF SUCH DATA OR OTHER MATERIALS.

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11.  Limitations of Liability

THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL GLOBALDRIVE HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR (I) ANY LOSS OF DATA, LOSS OF USE OF COMPUTER SYSTEMS OR NETWORKS, LOST REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF CONTENT STORED ON GLOBALDRIVE’S SERVERS, REGARDLESS OF HOW ANY OF THE FOREGOING DAMAGES ARE CHARACTERIZED; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; OR (III) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF GLOBALDRIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES AND OTHER JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL, INCIDENTAL OR OTHER KINDS OF LIABILITY, SOME OF THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE GLOBALDRIVE’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

GLOBALDRIVE’S AGGREGATE LIABILITY UNDER THIS AGREEMENT, HOWSOEVER ARISING, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL FEES ACTUALLY PAID BY YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS THAT GAVE RISE TO YOUR CLAIM.

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12.  Indemnification

You agree to defend, indemnify and hold harmless Globaldrive, its parents, subsidiaries, affiliates, agents, officers, directors and employees, from and against any third party claim or demand, including our reasonable attorneys' fees and any costs, loss, damages, or liability of any kind, relating in any way to (a) your use of the Service, (b) any Content stored by you using the Service or in any way on Globaldrive servers, or (c) any violation of this Agreement by you.

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13.  Termination

Either you or Globaldrive may terminate this Agreement with or without cause at any time by giving notice of such termination to the other in the manner described in paragraph 15 below.  Further, if Globaldrive believes that you have violated your obligations under this Agreement, Globaldrive may, at its option and in addition to its other remedies, immediately and without notice, suspend your Account, remove and destroy Content stored by you on Globaldrive's servers and/or terminate this Agreement.  Globaldrive will not be liable to you or any third party for any such suspension or termination of your Account or the Service.  Upon any termination of this Agreement, you will cease use of the Service and remove all of your stored Content from Globaldrive servers.  Globaldrive may destroy any of your stored Content that is not removed from Globaldrive's servers after the date of your termination.  The expiration or termination of this Agreement shall be without prejudice to any liabilities of a party that accrued prior to the such expiration or termination.  Paragraphs 3, 6, 8, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of this Agreement shall survive the expiration or termination of this Agreement.

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14.  Feedback

We welcome your comments and suggestions ("Feedback").  Your Feedback shall be considered non-confidential and we shall be free to use your Feedback on an unrestricted basis.  By submitting your Feedback to us, you grant us a perpetual, irrevocable, royalty-free, and worldwide license, under all intellectual property rights in or underlying your Feedback, to use your Feedback as we see fit.

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15.  Notices

Any notice under this Agreement given by Globaldrive to you will be deemed to be properly given if (a) sent by email to your email address as set forth in the Account information that you provided, (b) displayed on a startup screen that starts before your next use of the Service, (c) sent by first class U.S.  Mail to the address on record in your Account information, or (d) displayed on the Globaldrive web site.  It is important that you maintain a correct working email and postal address and update them as necessary to be able to receive Globaldrive's communications.  Any notice under this Agreement given by you to Globaldrive will be deemed to be properly given if you send the notice by email to Globaldrive's Customer Service here and Globaldrive receives your email.

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16.  Severability

This Agreement will be enforced to the fullest extent permitted by applicable law.  If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.

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17.  Choice of law

This Agreement shall be solely governed by the laws of the State of California, U.S.A., without applying any law that would result in the application of a different body of law.  The U.N.  Convention for the International Sale of Goods and any successor treaties are expressly excluded.  You agree that the sole and exclusive jurisdiction and venue for any dispute arising in connection with this Agreement, the use of our site, or any transactions relating to our site, shall be the federal or state courts located in San Francisco County, California, U.S.A.  Notwithstanding anything herein express or implied to the contrary, we reserve the right to seek injunctive relief and enforce judgments in any court of competent jurisdiction, wherever located.

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18.  Miscellaneous

While this Agreement is freely assignable by Globaldrive, you may not assign or delegate any of your rights, obligations or interest in this Agreement or your Account to any other party.  Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.  Globaldrive's failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right.  As used in this Agreement, the word "including" means "including without limitation".  Any claim or cause of action arising under or otherwise occurring by reason of this Agreement that you wish to make against Globaldrive must be made within one (1) year after the claim or cause of action arises, or such claim or cause of action is forever barred.  This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.

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19.  Digital Millennium Copyright Act Notice.

Globaldrive seeks to comply fully with the U.S.  Digital Millennium Copyright Act.  If you believe that any material stored on our servers infringes your copyright (or the copyright of a third party that you are authorized to represent), please see our instructions for contacting our copyright notice agent.  In addition to copyright complaints, our copyright notice agent also handles complaints relating to trademarks, patents and other intellectual property rights, as well as confidential information and trade secrets.

The DBT Group, Inc.
10 So.  Riverside Plaza
Suite 1800
Chicago, IL 60606

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