ATRIEVA TERMS AND CONDITIONS OF USE
You have selected to register for use of the Atrieva DrivewayTM file storage and retrieval service (the 
"Service").  The Service is provided to You under the terms and conditions set forth in these Terms and 
Conditions of Use ("Agreement").  BY COMPLETING THE REGISTRATION PROCESS YOU ARE 
AGREEING TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS 
AGREEMENT AS THIS AGREEMENT MAY BE MODIFIED FROM TIME TO TIME AS PROVIDED 
BELOW.  

1.	Description of Services
Subject to Atrieva's acceptance of Your registration and Your compliance with the terms and 
conditions of this Agreement, Atrieva will provide You with the following service (the "Basic Service") at no 
charge:  (a) Atrieva will establish one (1) account in Your name on the Atrieva servers (the "Account"); 
(b) Atrieva will allow you to store up to a total of twenty-five (25) megabytes of data files in your Account; and 
(c) Atrieva will allow You to retrieve data files from Your Account.  In Your use of the Service, you are 
responsible for providing the following:  (i) all equipment, such as a computer and modem, necessary to access 
the World Wide Web; (ii) Your own access to the World Wide Web; and (iii) payment of all telephone or other 
fees associated with such access.

2.	Conditions of Use
You are solely responsible for the content of all data You store or retrieve from, or attempt to store or 
retrieve from, Your Account and the Public Folders and for all transmissions by You from and to Your 
Account.  Your use of the Service is subject to all applicable local, state, national and international laws and 
regulations.  You will:  (a) not use the Service for any illegal purposes; (b) not use the Service to store, retrieve, 
transmit or view any file, data, image or program that contains:  (i) any illegal pictures, materials or 
information; (ii) any harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise 
objectionable material of any kind or nature; (iii) any material that encourages conduct that could constitute a 
criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or 
international law or regulation; (iv) any code or material that violates the intellectual property rights of others; 
(v) any Windows temporary files of any kind (including, without limitation, any *.tmp or ~*.* files); or (vi) any 
viruses, worms, "Trojan horses" or any other similar contaminating or destructive features; (c) comply with 
United States and other applicable law regarding the exportation and re-exportation of any data or other 
materials from the United States or other jurisdictions through the Service; (d) not use the Service for any 
spamming, chain letters or other use that may otherwise disrupt the Service or the networks through which You 
access and use the Service; (e) comply with all regulations, policies and procedures of networks through which 
You access and use the Service; and (f) not access or attempt to access any Service account for which You have 
no access authorization or duplicate, modify, distribute or display any of the data or files from any such 
account.

3.	Registration Information
You will promptly notify Atrieva of any change in the information You provide on Your registration 
form during Your registration for the Service (including, without limitation, any change in Your mailing 
address, telephone numbers or email address).  The registration information provided by You on Your 
registration form during Your registration for the Service, together with any and all updates provided by You 
from time to time under this paragraph, is referred to in this Agreement as the "Registration Information."  
Atrieva's policy regarding the privacy and use of the Registration Information is set forth in Atrieva's privacy 
policy, as the same may be modified and amended by Atrieva from time to time (the "Privacy Policy").  When 
You accept this Agreement, You acknowledge that You agree to the terms of the Privacy Policy.

4.	Additional Services
In the event that You desire or attempt to store more than twenty-five (25) megabytes of data files on 
Atrieva's servers, Atrieva reserves the right to offer and, upon Your acceptance, provide to You optional 
additional services as part of the Service (the "Additional Service").  Atrieva reserves the right to charge You a 
fee for such Additional Service.  Further, as consideration for such Additional Service, You will register for 
such Additional Service and provide to Atrieva such additional Registration Information as Atrieva may 
request.  Any such Additional Service will be provided by Atrieva subject to Atrieva's acceptance of Your 
registration for such Additional Service and Your acceptance of Atrieva's additional terms and conditions  of 
use for such Additional Service.

5.	Account and Password
After You accept this Agreement and Your registration has been accepted by Atrieva, You will receive 
a password (the "Password") and Your Account will be established.  You are solely responsible for any 
consequences arising out of Your failure to maintain the confidentiality of Your Password.  You will notify 
Atrieva of any unauthorized use or other breach in security of Your Account immediately after You learn of the 
same.

6.	Security of Stored Data and Files
Atrieva will endeavor to restrict access to the data and files You store or retrieve from Your Account 
to persons accessing such data and files through use of Your Account or Password.  However, no password-
protected system of data storage and retrieval can be made entirely impenetrable.  Accordingly, You hereby 
acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify and 
distribute the data and files You store in Your Account.  Further, You hereby acknowledge that any third party 
may access, view, copy, modify and distribute the data and files You store in any public folder on the Atrieva 
servers.

7.	Content of Stored Data and Files
You are solely responsible for (a) obtaining sufficient rights to the content of all data and files stored 
by You on Atrieva's servers and (b) ensuring that such content does not include any of the items listed in 
paragraph 2(b) above.  Atrieva does not review, inspect, edit or monitor any content, data or files stored by You 
or any other user of the Service, including, without limitation, for viruses, worms, "Trojan horses" or any other 
similar contaminating or destructive features.  Atrieva reserves the right to refuse, remove or disable access to 
any data or files stored on Atrieva's servers that Atrieva learns may be illegal, may violate the terms of 
paragraph 2 above, may violate the rights of any third party or otherwise may be reasonably objectionable.

8.	Disclaimer of Warranties
The transmission, storage, viewing and retrieval of data and files through the World Wide Web is 
subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially 
unreliable.  ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE 
RISK.  YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS 
AVAILABLE" BASIS.  ATRIEVA, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS 
AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, 
ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE 
(INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, 
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT).
PLEASE NOTE THAT YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS.  
ATRIEVA MAKES NO REPRESENTATION OR WARRANTY:  (A) THAT YOUR ACCOUNT OR THE 
SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE 
WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE 
DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) AS TO 
THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE; OR (E) THAT 
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE 
USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY 
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT 
RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.

9.	Limitations of Liability
IN NO EVENT SHALL ATRIEVA OR ITS ADVERTISERS OR SUPPLIERS HAVE ANY 
OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE 
SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR 
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, 
REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING 
OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF 
DATA OR FILES STORED THEREIN.  

10.	Force Majeure
Atrieva will not be liable for any nonperformance, delay, error, data loss or other loss caused by any 
events or conditions that are beyond the reasonable control of Atrieva.

11.	Indemnification
You will defend, indemnify and hold Atrieva, its parents, subsidiaries, affiliates, agents, officers, 
directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, 
made by any third party due to or arising out of (a) Your use of Your Account and the Service, (b) any data 
files and content stored by You in Your Account and otherwise on the Atrieva servers and (c) any violation of 
this Agreement by You.

12.	Termination
Either you or Atrieva 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 13 below.  Further, if Atrieva believes 
that You have violated Your obligations under this Agreement, Atrieva may, at its option and in addition to its 
other remedies, immediately and without notice, suspend Your Account, remove and destroy data and files 
stored by You on Atrieva's servers and/or terminate this Agreement.  Atrieva will not be liable to You or any 
third party for any suspension or termination of Your Account or the Service.  Should You object to any terms 
and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the 
Service in any way, Your only recourse is to immediately:  (a) discontinue use of the Service; (b) terminate this 
Agreement; and (c) notify Atrieva of such termination.  Upon any termination of this Agreement, You will 
cease use of the Service and, within five (5) days after the effective date of such termination,  remove all of 
Your stored data files from the Atrieva servers.  Atrieva may destroy any of Your stored data files that are not 
removed from Atrieva's servers within such five (5)-day period.  Paragraphs 8, 9, 10, 11, 12, 13 and 15 of this 
Agreement (and any other provision that can be reasonably construed to survive termination) will survive 
termination of this Agreement.  

13.	Notices
Any notice under this Agreement given by Atrieva to You will be deemed to be properly given if sent 
by email to Your email address as set forth in the Registration Information, by a startup screen that starts before 
Your next use of the Service or by written communication mailed by first class U.S. mail to Your address on 
record in the Registration Information.  Any notice under this Agreement given by You to Atrieva will be 
deemed to be properly given if received by email sent to Atrieva's Customer Serviceor by written 
communication delivered by first class postage prepaid U.S. mail to Atrieva at 380 Brannon Street, San 
Francisco, CA 94107.  Both Atrieva and You may from time to time change its address for notices under this 
paragraph by giving the other party notice of the change in accordance with this paragraph.

14.	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 to any extent, 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 un-enforceability will not affect any other provision of this Agreement.  

15.	Modifications to this Agreement
The terms and conditions of this Agreement may be changed by Atrieva from time to time.  Upon any 
such change, Atrieva will notify You of such change in accordance with paragraph 13 above and post an 
updated version of this Agreement on the Atrieva website.  Your use of any Services after such notification will 
constitute Your acceptance of such changed terms and conditions.  

16.	Miscellaneous
Your right to use the Service is personal to You, and You will not assign any of Your rights, 
obligations or interest in this Agreement or Your Account.  Without limiting the foregoing, this Agreement is 
binding upon and inures to the benefit of the parties and their respective successors and assigns.  Atrieva'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.  This Agreement will be governed by the laws of the State of 
California, without regard to its conflict of laws rules.  The provisions of the U.N. Convention on Contracts for 
the International Sale of Goods and any successor treaties will not apply.  You consent to the venue and 
exclusive jurisdiction of the state and federal courts located the state of California, U.S.A., with regard to any 
claim arising under or otherwise occurring by reason of this Agreement or Your use of the Service or Your 
Account.  You will commence any claim or cause of action arising under or otherwise occurring by reason of 
this Agreement 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.

