Terms of Sevice

In pursuit of our primary objective, Halcyon Computing Services LLC (also referred to as Halcyon) agrees to deliver the agreed upon services, as declared in the “New Account” confirmation, to our customers at the time of purchase, subject to the following Terms of Service.

In addition, the use of Halcyon’s Aegis backup service(s) by a subscriber constitutes an unconditional acceptance of and agreement to Halcyon’s Terms of Service. Halcyon reserves the right to change or modify the Terms of Service at any time without notice.

I. No Long-Term Service Contract Required

Halcyon does not require customers to commit to any long-term agreement. Customers are billed monthly and are free to cancel service at any time.

II. Fair Use of Aegis Software

The Aegis Security Suite is meant to provide backup services to the entity (business or individual) subscribing. Subscribers may not allow third parties to access their backup space. Subscribers may not operate a file hosting service with the Aegis backup software and may not resell the resources (server disk space and bandwidth) that the backup service uses. Subscribers to the Aegis and Aegis Gold services are entitled to install and run the Aegis software on a single computer. Aegis Administration subscribers are entitled to install and run the Aegis software on the number of computers they select in the Aegis Administrative Console. In the event of a computer crash (hardware or software failure) a subscriber may install the Aegis software on a different computer to allow emergency access to backup files. If the original computer is ever repaired and Aegis software reinstalled, the Aegis software must be removed from the second computer.

III. Payment

Establishment of this service is dependent upon receipt of payment of stated charges by Halcyon Computing Services LLC. Subsequent payments are due every thirty-one days. At the beginning of a billing cycle a subscriber will be billed the base fee for that billing cycle as well as any additional fees accrued during the last billing cycle.

IV. Failure to Pay

Halcyon Computing Services LLC may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.

V. Suspension of Service or Cancellation

Halcyon Computing Services LLC reserves the right to suspend network access to any subscriber if in the judgment of Halcyon; the subscriber’s account is the source or target of a violation of any of the Terms of Service, or for any other reason which Halcyon deems necessary. If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until our investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s machines were suspended if the subscriber is found to be at fault.

VI. Data Storage Rights

Subscribers may not store data on Halcyon servers that violates any applicable local, state, or federal law. This prohibition includes, but is not limited to, data held in violation of intellectual property law.

VII. Disclosure to Law Enformcement

The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, subscribers agree that Halcyon Computing Services LLC may disclose any and all subscriber information including account use, account contents, etc. to any law enforcement agency that requests such information, provided they possess the proper court-approved warrant, without consent or notification to the subscriber.

VIII. Indemnification

Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.

VIII. Severability

If any provision of these Terms of Service shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms of Service is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

IX. Applicable Law