Affairs In Order (AIO) Terms of Service

Affairs In Order (AIO) (R) USER AGREEMENT

READ THIS AGREEMENT CAREFULLY. WE ARE WILLING TO PROVIDE AIO'S SOFTWARE, CONTENT AND SERVICES ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE FOLLOWING TERMS.

BY REGISTERING WITH US AND/OR BY USING AIO, YOU ARE AGREEING ELECTRONICALLY TO THE FOLLOWING TERMS, WHICH IS AN AGREEMENT BINDING ON YOU (THE "AGREEMENT"). IF YOU DO NOT AGREE, DO NOT USE AIO.

1. ABOUT THIS AGREEMENT. This Agreement governs your registration, access and use of AIO's software (including any updates), services, Content and upgrades ("AIO"). The general terms of this Agreement may be supplement by usage rules, terms, guidelines and policies ("Usage Rule(s)") that will apply to your use of specific AIO features. Such Usage Rules will be posted with the applicable application and are binding on you as part of this Agreement.  In this Agreement, the terms:

* "Content" means data, text, communications, software, images, sounds, video or other information that you store or that others may share with you, either privately or publicly on or through AIO;
* "We" or "us" means collectively AIO LLC, its affiliates; and partners.
* "You" and "your" means both you and such person or entity in whose behalf you act, if any.

2. CHANGES TO THE AGREEMENT. We may modify this Agreement and any Usage Rules at any time. You agree to assume all responsibility in reviewing this Agreement periodically so that you will be apprised of any changes. If you continue to use AIO after we post or notify you about changes to these terms, you are signifying your acceptance of the new terms.

3. AIO provides online data storage resources. AIO offers different plans and price packages, either individually or as part of a premium bundle offered by our affiliates (collectively, "AIO"). The level of features that will be available to you will depend on the plan and price package selected by you. Certain premium features, such as additional storage space, telephone customer support, etc., are available only with fee-based plans.  The terms of the offer selected by you, including any fees associated with the plan, are binding on you. Purchases are final and non-refundable. In the event we offer any free trial promotions, we may limit the number of promotions we offer to you. Any trial promotion to a subscription plan (such as free trial time) must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a fee.

We have no obligation to offer any specific feature or plan. Certain features or offerings may not be available in all geographic locations. We may change or discontinue AIO or any feature of AIO at any time and without notice. If we discontinue AIO, you will be sent a hard copy or digital copy of your complete records stored on AIO.

4. GENERAL OPERATING RULES; BANDWIDTH LIMITATIONS. YOU AGREE THAT WE MAY IN OUR COMPLETE DISCRETION ESTABLISH GENERAL OPERATING PRACTICES TO MAXIMIZE THE OPERATION AND AVAILABILITY OF AIO FOR THE GREATEST BENEFIT OF OUR USERS AND TO PREVENT ABUSES. AS PART OF THESE PRACTICES, WE RESERVE THE RIGHT TO MONITOR OUR SYSTEM TO IDENTIFY EXCESSIVE CONSUMPTION OF NETWORK RESOURCES AND TO TAKE SUCH TECHNICAL AND OTHER REMEDIES WE DEEM APPROPRIATE TO PREVENT ABUSES. IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, WE RESERVE THE RIGHT IN OUR DISCRETION TO ARRANGE A CUSTOM PRICING PLAN THAT WILL PERMIT YOU TO CONTINUE TO USE AIO. PLEASE NOTE, INCIDENTS OF VIOLATION OF THIS POLICY HAVE BEEN INFREQUENT AMONG AIO USERS; HOWEVER, WE RETAIN THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT WITHOUT PRIOR NOTICE IN THE EVENT OF A VIOLATION OF THESE TERMS.

5. REGISTRATION WITH INTERACTIVE SERVICES. You may be required to register with us and obtain a User ID or screen name ("Screen Name") and password in order to access and use AIO. This same Screen Name may allow you to access other online services offered. Your registration for a Screen Name will be subject to separate terms and conditions, which you agree you will abide by when you use your Screen Name with AIO. You may not have a Screen Name that is vulgar, attempts to impersonate another person or violates the rights of others. We also may reject any Screen Name that we determine in our discretion is unacceptable for use with AIO.

6. YOUR REPRESENTATION. You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use AIO only for lawful purposes, that you will keep your registration information current, and that you will not violate the terms of this Agreement.

7. YOUR INFORMATION. The AIO Privacy Policy located at http://www.affairsinorder.com/privacy.php discloses our information practices regarding your registration and use of AIO and the choices that you can make about the use of your information.  By signing up for AIO and/or by using AIO, you consent to the information practices disclosed in our privacy policy.

8. EQUIPMENT AND SOFTWARE.  You must provide at your own expense Internet access, a modern web browser such as Microsoft Internet Explorer or the Mozilla or Netscape browser to access and use AIO. You must ensure that you meet the system requirements that we will disclose to you when you sign up for AIO. You may need to download from us certain software to use AIO features. You may need to obtain updates or upgrades from time to time in order to continue using AIO. We may modify system requirements or the Software at any time.

WE MAKE NO WARRANTY THAT ANY PARTICULAR COMPUTER OR OTHER DEVICE WILL BE COMPATIBLE OR FUNCTION WITH THE AIO SOFTWARE AND SERVICE. We may modify the system requirements for AIO at any time.

9. YOUR RESPONSIBILITIES. AIO is for your personal use, and that of your designated Trustee(s) or Agents only. You are responsible for all activities under your account, including all legal liability incurred from the use or access of your account by you and others. You are solely responsible for the Content you store, make available or retrieve from your account and from all public folders. You are responsible for keeping your password confidential. You may not submit or transmit through AIO any Content, material, or otherwise engage in any conduct that:

*violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
*violates the privacy of another;
*is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
*victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
*impersonates any person, business or entity, including our company and our employees and agents;
*contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network; 
*encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
*advertises, sells or distributes prohibited items, including lotteries, betting or wagering activities, ammunition, firearms, fireworks, tobacco, alcohol, adult products/services and explosive materials;
*violates this Agreement, guidelines or any policy posted on AIO; or
*interferes with the use of AIO by others.

You may not:

*use AIO in any way that may damage, disable, overburden, or impair our servers or networks;
*use AIO services to attempt to exploit a minor (under 18 years) old or solicit personal information from a minor;
*try to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means;
*use AIO or communication tools provided by us to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages); or
*harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications.

We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement, including without limitation, immediate termination of your account or access to AIO if we believe in our discretion you are violating this Agreement.   

10. PROPRIETARY RIGHTS. AIO, its licensors and contributors own all right, title and interest in AIO ("AIO Rights").  The AIO Rights are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information. All AIO Rights are reserved by their respective owners. You may only use AIO as authorized by this Agreement.

11. POSTING CONTENT AND DATA.  You may only share or post Content on AIO that you created or that you have permission to share or post. You are solely responsible for the Content you post on AIO, including without limitation, the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Content. We shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Content. You may not post or share Content that violates this Agreement. We do not claim ownership of any Content that you may post on or share through AIO; however, if you elect to submit Content on areas of AIO that are generally available to the public (such as message boards), you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this content in any medium.

12. MONITORING. We are not liable for Content that is provided by others.  We have no duty to pre-screen such Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material. We are not responsible for Content made available on the Internet.

13. FEES AND PAYMENT.  You agree to pay the applicable fees and charges for any purchases that you make from us. All charges are nonrefundable unless provided otherwise by us. We may limit the number of promotions for which you may be eligible in a given period.  You must select a payment method to pay us for any subscription fees and all purchases made from us. You must give us accurate billing and payment information and keep this information up-to-date by going to the "Support" area on AIO.  We will bill you through the payment method that is associated with your account. You agree to pay us for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize us to charge your designated payment method for these charges and to retain information about the payment method associated with your account. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make from us.

Every time you make a purchase or use AIO, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your Account for payment; and (iii) you will be responsible for such charges, even if your membership is canceled or terminated. You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, Trustee(s), Agent(s), family or friends). 

Any monthly service fees will be charged one month in advance and are not refundable.  We will automatically charge your payment method for your monthly service charges, and any applicable fees and taxes, after the last day of the billing period. Any pre-paid services or other subscription plans, such as seasonal passes, will be subject to supplemental terms that will be disclosed to you when you make your purchase and that will supplement this contract.

After 30 days from the date of any unpaid charges, your account will be deemed delinquent and we may terminate or suspend your account for nonpayment. We reserve the right to assess an additional 1.5 percent (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due and to use alternate means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees incurred by us in our efforts to collect any remaining balances from you.

14. BILLING DISPUTES. You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank or credit card company.  If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.

15. LICENSE; SOFTWARE.  We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use AIO for your own use and provided that you comply and remain in compliance with this Agreement. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of AIO. Your license terminates immediately upon cancellation or termination of your AIO account or if we believe you are in violation of this Agreement. Unless provided otherwise in a separate license agreement, any software we provide to you may be installed on any single computer or device from which you wish to access and use AIO. You may not (a) sell or redistribute AIO, (b) incorporate any aspect of AIO into another product, or (c) reverse engineer, decompile or disassemble AIO or otherwise attempt to derive the source code from AIO (except where expressly permitted by law). You may not modify, adapt or create derivative works from AIO in any way or remove proprietary notices posted on AIO. You may access AIO only through the software, interfaces and protocols provided or authorized by us. Also, you may not authorize or assist any third party to do any of the things prohibited in this paragraph. Any rights not specifically licensed to you for any AIO software are reserved by the owner of the rights in the software. We may automatically check your version of AIO software. We may automatically update AIO software on your computer to improve the performance and capabilities of such software. If you shut down the AIO software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.

Your license will end on the date your AIO service ends. Your license will also end if we modify AIO in a way that no longer supports the service.

AIO (including its software) is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the Software with only those rights as set forth herein.  

We are under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements to AIO, although we may do so in our sole discretion.

16. DISCLAIMER OF WARRANTIES.  We provide AIO "as is", "with all faults" and "as available." We, our vendors and distributors ("Service Providers") make no express warranties or guarantees about AIO. TO THE EXTENT PERMITTED BY LAW, THE SERVICE PROVIDERS DISCLAIM IMPLIED WARRANTIES THAT AIO IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THE SERVICE PROVIDERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AIO, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE, MEET YOUR TASTES, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE AIO (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE INEGRITY OR SECURITY OF YOUR FILES OR CONTENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS AND COPYRIGHT OF ANY DATA OFFERED OR SHARED BY OTHERS ON AIO. You may have additional consumer rights under your local laws that this contract cannot change. You use AIO at your own risk.

17. LIMITATION OF LIABILITY. YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH THE SERVICE PROVIDER OR AIO IS TO DISCONTINUE YOUR USE OF AIO OR TO CANCEL ANY SUBSCRIPTION THAT YOU MAY HAVE WITH US. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF AIO EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

WE SHALL NOT BE LIABLE FOR LOSS OF CONTENT THAT YOU STORE WITH AIO. WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION, ACTIONS OF THIRD PARTIES OR NATURAL DISASTERS.

THE SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF AIO AND ITS SOFTWARE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SERVICE PROVIDERS' LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.

18. CANCELLATION.  Unless you are on a plan that requires a time commitment, you may cancel a subscription that you may have with AIO at any time, for any reason. This does not mean any monies paid are refundable, but it does mean that you can cancel the service, and retrieve all of your data and know that AIO will, upon your request, delete any and all data stored by you, your Trustee(s), Agent(s) friends and family under your account. If you are participating in any trial period offer, you must cancel AIO before the end of the trial period to avoid incurring charges. Certain plans may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer.

19. TERMINATION; DEACTIVATION.  We may cancel or suspend access to your AIO account at any time, without cause and/or without notice. We may (in our sole discretion) remove and/or purge the data and account of any user from our system if a user of any free service does not access his or her account for a period of one (1) year.

Your right to use AIO will end once your AIO account is cancelled or terminated, and any data you have stored on a free or trial AIO account may be unavailable later. You remain responsible for paying any amounts owed on your account at the time your account is terminated or cancelled.

20. INDEMNIFICATION.  Upon a request by us, you agree to defend, indemnify, and hold harmless us and our subsidiaries, parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of AIO and for any violation by you of this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

21. ELECTRONIC CONTRACTING AND NOTICES. Your affirmative act of purchasing or registering for AIO constitutes your electronic signature to this Agreement and your consent to enter into agreements with us electronically. You agree that we may send to you in electronic form any privacy, disclosures or other notices about AIO, including  without limitation, notices about changes to pricing or changes to this Agreement (collectively, "Notices"). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, (2) to any e-mail account associated with the Screen Name you use for your AIO account, or (3) by posting the Notice on AIO. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your AIO account.
In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the "Terms of Service" (or "Terms of Use") link on the home page of www.affairsinorder.com. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

22. ENTIRE AGREEMENT. This Agreement and any Usage Rules, price package offers, supplemental terms, policies, rules and guidelines posted on AIO constitute the entire agreement between you and us and supersedes all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Sections 6, 9, 13 to 16, 18, and 20 to 22 survive the termination of this Agreement.

23. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. You agree that the law of the State of Minnesota governs this contract and any claim or dispute that you may have against us, without regard to Minnesota’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.  You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of Minnesota. 

PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF MINNESOTA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF MINNESOTA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS

24. ASSIGNMENT. We may assign this contract at any time without notice to you.  You may not assign or transfer this contract to any one else.

Last Updated: November 19th, 2007