PConRails LLC, editor of Zonbu, provides services (the "Service") and the web properties, including but not limited to http://*.zonbu.com (collectively, the "Site"), to our customers ("you" or "Customer") subject to the following Agreement. By accessing, browsing and/or using the Site or the Service, you acknowledge that you have read, understood and agree to be bound by this Agreement (the "Agreement") and the Privacy Statement published at http://www.zonbu.com/legal/privacy.htm, which is incorporated herein by this reference.

In order to register for and use the Service, you must agree to the terms and conditions set forth in this Agreement by clicking on the "YES" button where indicated to record your agreement to be bound. This is a legally binding contract formed between you and Zonbu, and you should read it in its entirety. If you do not agree to each and every term and condition set forth in this Agreement, do not use the Site or the Service. Unless expressly stated otherwise, this Agreement shall apply to any use of the Site, the Service, and any service, application, plug-in, component, functionality or program created or made available by us or through the Service.

By visiting the Site and/or by completing the registration process for the Service, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by this Agreement. The Service is available ONLY TO USERS 18 YEARS OF AGE OR OLDER UNLESS SUCH USE IS WITH EXPRESS PARENTAL CONSENT. REGISTRANTS BETWEEN THE AGES OF 13 AND 17 MUST HAVE A PARENT ASSIST IN THE COMPLETION OF REGISTRATION.

We reserve the right to change the terms of this Agreement from time to time; provided that no such change will affect the pricing and rate plans described in the version of the Agreement in effect when you register for the Service. We will post the most current version of this Agreement on our website. We will inform you about changes to the terms and conditions, policies and other rights and obligations by mail, email or any other means. It is your responsability to provide us with a valid email address or to check our website regularly to inform yourself about such changes.

A. DESCRIPTION OF THE SERVICE
The Service offers a fully managed Personal Computing experience through the Zonbu device (the "Device") which provides consumer applications. An encrypted online storage mechanism with automatic backup is offered as the storage medium of the Device.

In order to use the Device as intended, you may need to acquire certain accessories, such as a keyboard, a screen, and a mouse. None of such accessories are provided with the Device unless separately purchased from us. A checklist of approved accessories and a price list can be found at http://www.zonbu.com/device/accessories.htm.

You are responsible for obtaining your own Internet access, such as maintaining all communication hardware (other than the Device), and other equipment needed for access to and use of the Service, and all charges related thereto. We require broadband access such as DSL or cable which guarantees a minimum download bandwidth of 3 Mbps and a minimum upload bandwidth of 400kpbs.

We reserve the right at any time to change, modify, add to or discontinue any aspect or feature of the Service, including without limitation the applications, hours of availability, equipment needed for access or use (other than the Device), maximum storage space (subject to the terms of the Plan you select) that will be allotted on your behalf (either cumulatively or for any particular aspect of the Service or the availability of the Service on any particular device or communications service. We have no obligation to provide you with notice of any such change.

We have contracted with a third party to provide some servers required to operate the Service. Your data will be stored on servers owned and operated by this third party provider.

B. REGISTRATION
To obtain and use the Service, you will be required to register with us by completing the registration form and designating a Customer ID and password. When registering with us, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

You may not authorize any third party (other than those described in Section F) to access or use the Service on your behalf. You are responsible for maintaining the confidentiality of the Customer ID and password, and are fully responsible for all activities that occur under your Customer ID or password. You agree to immediately notify us of any unauthorized use of your Customer ID or password or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

C. PAYMENT, PRICING AND FEES
During the registration process, you will provide us with information regarding a valid credit card account. We will charge this credit card account with all amounts payable to us with respect to the Service or otherwise as set forth in this Agreement. By registering for the Service and providing the required credit card information, you authorize us to charge all such amounts against your credit card. The use of your credit card for payments as described in this Agreement is subject to the terms and conditions established for such use by our third-party payment service provider, as set forth in their Agreement. You will, at all times during the term of this Agreement, maintain the credit card account in good standing, with available credit sufficient to make all payments required under this Agreement. You will notify us in writing at least 10 business days in advance of the termination, suspension or insufficiency of the referenced credit card account and will provide required information regarding a suitable and valid alternate credit card account against which we can charge all payments required under this Agreement. Failure to do so could result in the termination of your use of the Service.

Upon your registration as a Customer of the Service, your credit card will be charged with an activation fee, and then with the monthly usage fee. You will elect either of the following two rate plans:

• Standard Plan provides the Service for $14.95 a month including support, software updates and a storage space of 50 gigabytes, which will be charged in advance to your credit card on the first day of the applicable month.
• Standard Plan provides only some elements of the Service. The monthly fee, which depends on the elements of the Service you have chosen, will be charged in advance to your credit card on the first day of the applicable month.

Under either rate plan, we reserve the right to change the amount of the monthly fee at any time. You may commit to use the Service for an Initial Term of one year or two years. In such case, you get a discount on the Device of $100 for the one-year Service Contract, and $200 for a two-year Service Contract. The monthly fee stated above will apply to the twelve or twenty four months for which you have committed.

After the expiration of any period you have paid for, we will automatically renew your usage fee on a month-to-month basis. If the price differs, you will be notified 10 days before.

Unless you terminate your use of the Service as set forth below, you agree to pay the then-applicable usage fee, which we will charge in advance to your credit card on the first day of the applicable period. The person registering for the Service will be responsible for all amounts payable to us pursuant to this Agreement with respect to any access of the Service using such person's Customer ID and password.

The device fee will entitle you to receive the Device, which we will ship to you shortly after your registration. You will be allowed to keep the device after the termination of your access to the Service.

You will be responsible for and pay any tax imposed upon your payment for the Device or the Service.

D. TERMINATION AND EARLY TERMINATION

You may terminate your use of the Service and this contract by notice to us by email to billing@zonbu.com. Upon your termination prior to the expiration of the Initial Term, we will charge your credit card with, at your option:

• either the remaining Service fees due until the end of the Initial Term. Such termination will be effective on the date on which we receive such notice or at the end of the Initial Term, at your option.
• or an early termination fee: $100.00 if you subscribed to the Service with a one-year Initial Term, $200.00 if you subscribed to the Service with a two-year Initial Term. Such termination will be effective on the date on which we receive such notice.

After the expiration of the Initial Term or if you have not committed for an Initial Term, upon termination of the use of the Service either by you or by us, for any reason, we will not charge your with any termination fee. Such termination will be effective on the date on which we receive such notice or at the end of the period covered by your last payment, at your option.

We do not provide any money-back guarantee policy for the Device after 30 days. In no event will any payment to us required by this Agreement for the Device be refundable, even if your use of the Service is terminated by you or by us prior to the expiration of the applicable period. Monthly fees paid in advance for use of the Service are nonrefundable, even if your use of the Service is terminated by you or by us prior to the expiration of the applicable month.

E. TERMINATION OF SERVICE
Without prejudice to any other rights and remedies we might have, we may terminate or suspend your access to and right to use the Service at any time, in our sole discretion, if we reasonably believe that you have breached any of the provisions of this Agreement, including without limitation the acceptable use policy set forth below, for nonpayment of any amount required to be paid pursuant to this Agreement, or otherwise as specifically set forth in this Agreement. Such termination will be effective on the date on which we terminate your use of the Service. We will use commercially reasonable efforts to notify you within 10 business days of any such termination. In the event of such termination prior to the expiration of a Service Contract period, we will charge your credit card with an early termination fee as described in section D.

Upon termination, your right to use the Service stops immediately, and you agree to cease all use of and attempts to access the Service upon and after receiving the notice of termination, except as set forth in the following sentence. ONCE YOUR USE OF THE SERVICE IS TERMINATED, EITHER BY YOU OR BY US, THE DATA YOU HAVE STORED ON THE SYSTEM MAY BE ACCESSED BY YOU ONLY IN READ-ONLY MODE AND RETRIEVED FOR A PERIOD OF 90 DAYS. After the expiration of such 90-day period, your access to the Service and the data stored on the Service will terminate, and we will delete all such data.

F. TERMS OF USAGE OF THE SERVICE
Your use of the Service will be limited to (a) members of your household and (b) up to three persons with whom you are involved in a business enterprise, and is limited in any event to a maximum of 10 persons. If you want to allow more than three persons to use the Service in connection with a business enterprise, please contact us at contact@zonbu.com. In this Agreement, the term "you" will include all such persons; however, the individual who completes the registration form and supplies the credit card account information will be ultimately and directly liable for any and all payments to us required by this Agreement, and the consequences of all use of the Service by any such person who uses the registering person's Customer ID and password, regardless of the knowledge or lack of same by the registering person of such payments and use.

The use of the Service is only for you (as defined above) and is not for resale. You will be permitted to store a given amount of data with the Service depending on the plan you would have chosen, for instance 50GB.

G. LICENSE AND RESTRICTIONS ON USE
We and our vendors grant you a limited, non-exclusive, non-transferable limited license to use the software provided by us in connection with the Service, together with each revised or updated version thereof and any documentation provided therewith (the "Software") in object code form only for the sole and exclusive purpose of connecting to and using the Service in accordance with this Agreement. You may not sublicense, or charge others to use the Software or the Service.

The Software may contain open source software, and your use of the Software may be subject to the terms and conditions of the General Public License, which may be found on the GNU website (http://www.gnu.org/licences/).

For Software not covered by a GPL, you may not sell, assign, grant a security interest in or otherwise transfer any right in the Software or incorporate it (or any portion of it) into another product. You may not copy the Software. No license is granted to you by this Agreement in the human readable code, known as the source code, of the Software. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Software. You may not modify the Software or use it in any way not expressly authorized by this Agreement. You may not obtain the communications protocol for accessing the Service or the Software. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph.
You may access the Service only through the interfaces and protocols provided or authorized by us. You agree that you will not access the Service through unauthorized means, such as unlicensed software clients.

This license will terminate upon termination of your right to use the Service, either by you or by us. At that time, you must stoop using the Software, except for the limited purpose of retrieving your data as described in Section E.

This license grant shall not be deemed to apply to any software that is licensed to you by third parties and that is made available through the Service. Such other software is subject to the terms and conditions of the license agreement, if any, between you and the developer or licensor of such other software.

H. INTELLECTUAL PROPERTY RIGHTS AND NOTICES
You acknowledge that you must respect the intellectual property rights of Zonbu, our third-party content and application providers, and any other owner of intellectual property whose protected property may be accessed through the Service.

All contents of the Site and Service, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are copyrights of Zonbu and/or the proprietary property of our suppliers, affiliates, or licensors. Content may not be reproduced, modified, displayed, performed, published, distributed, disseminated, broadcast or circulated to any third party (including, without limitation, the display and distribution of the material via a third-party website or other networked computer environment), and no derivative work may be created from any Content, without the express prior written consent of Zonbu and/or our suppliers, affiliates, or licensors.

No license to any intellectual property is granted to you by this Agreement, except as specifically stated herein. All rights are reserved.

Zonbu, zonbu.com and the Zonbu logo are, without limitation, either trademarks, service marks or registered trademarks of PConRails, LLC. Other product and company names present on the Site or the Service may be trademarks, service marks or registered trademarks of our suppliers or licensors. None of the foregoing may be copied, imitated, or used, in whole or in part, without our prior written permission or that of our suppliers or licensors.

We might have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the material in the Site or the Service. Unless we have granted you licenses to our intellectual property in this Agreement, our providing you with such material does not give you any license to our intellectual property. Any rights not expressly granted in this Agreement are reserved.

You acknowledge the Software and the Content are proprietary and confidential to us or our suppliers, affiliates or licensors. This Agreement does not convey any rights of ownership to you; title to and ownership of all rights in trademarks, service marks, registered trademarks, patents, copyrights, trade secrets and other intellectual property in the Software and the Content shall remain with us or other third-party owners.

As between you and Zonbu, all rights to the Software and the Content remain the property of Zonbu at all times.

I. CUSTOMER CONDUCT/ACCEPTABLE USE POLICY
You may not use the Service in any way that violates applicable federal, state, local or international law, or for any unlawful purpose.

You may not use the Service to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of Zonbu or others.

To the extent that the Service provides Customers an opportunity to post, store and exchange information, materials, data, files, programs, ideas and opinions ("Customer Content"), you hereby represent and warrant that you have all necessary rights in and to all Customer Content you provide and all information contained therein. We have the right, but not the obligation, to edit or remove any content or other material that comes to our attention and that we, in our sole discretion, find to be in violation of the provisions of this Agreement, or for any other reason. You acknowledge and agree that we shall not assume or have any liability for any action or inaction by us with respect to any Customer Content. You shall remain solely responsible for your Customer Content.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials are the sole responsibility of the person from whom such content originated.
We reserve the right to terminate your access to and use of the Service if, in our view, your conduct fails to meet any of the guidelines for Customer conduct in the non-exhaustive list that follows:

    1. You may not use the Service for any purpose that is not lawful.
    2. You may not use the Service to commit fraud, including without limitation by offering fraudulent goods, services, schemes or promotions.
    3. You may not use the Service in any manner that infringes the intellectual property rights or proprietary rights of any third person.
    4. You may not use the Service to download any material that you know, or reasonably should know, cannot be legally distributed in such manner.
    5. You may not use the Service for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others.
    6. You may not use the Service to store, send or otherwise make available any material that contains undesirable images of or links or references to profanity, pornography, violence, or content that is obscene, lewd, prejudicial, lascivious, filthy, excessively violent, harassing, libelous, abusive, hateful, or otherwise objectionable, or that encourages unlawful acts or may be interpreted as violating the civil rights of others.
    7. You may not use the Service to send, either directly or indirectly, any unsolicited bulk email or communications or unsolicited commercial email or communications, including without limitation advertisements or informational announcements.
    8. You may not use the Service to send, either directly or indirectly, numerous copies of the same or substantially similar messages, empty messages, messages which contain no substantive content, or very large messages or files that disrupt a server, account or the Service.
    9. You may not use the Service to participate in pyramid schemes or chain letters.
    10. You may not attempt to charge others to use the Service, either directly or indirectly.
    11. You may not attempt to harm, disrupt, interfere with or otherwise engage in activity that diminishes or degrades the Site, any computer system or network, or the Service or our Customers' access to the same.
    12. You may not engage in or permit any activity that results in the over-utilization of the System or power circuits, whether intentional or unintentional.
    13. You may not gain unauthorized access, or attempt to gain unauthorized access, to our networking, security, management, backup, storage or monitoring systems, or to any account, computers, systems or networks related to the Service, without our written authorization.
    14. You may not attempt to obtain any data through any means from the Service, except if we intend to provide or make it available to you, including without limitation security-relevant information, such as password files, that may, among other things, be used to gain unauthorized access to Customer or system accounts.
    15. You may not attempt to configure your systems to bypass security controls or otherwise avoiding any limitations established by us, including without limitation the installation or use of programs that allow the systems to be managed or accessed insecurely or through unauthorized means, or otherwise attempt to compromise the security of the Service, including without limitation by hacking, monitoring or intercepting data or traffic on the System, using any computer program designed to conceal the source or routing information of email messages in a manner that falsifies an internet domain, header information, date or time stamp, originating email address or other identifier. You may not install or use software for the purpose of cracking encrypted data, including without limitation stored passwords.
    16. You may not access or attempt to access the account or data of any other Customer.
    17. You may not intentionally omit, forge, delete or misrepresent transmission information, including but not limited to headers, return address information, IP addresses, etc., in order to cloak or hide the identity or source of information transmitted by the System.
    18. You may not conduct online security audits or tests against or through the Site or the Service without coordination with and the explicit, written consent of our authorized officer.
    19. You may not participate in collecting email addresses, screen names, Customer IDs, passwords or other identifiers of others (a practice sometimes known as spidering or harvesting), or participate in using software (including spyware) designed to facilitate such activity.
    20. You may not use the Service to store, send or otherwise make available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another's computer or property.
    21. You may not use the Service to violate any code of conduct or other guidelines which may be applicable to the Service or the Site.
    22. You may not assist or encourage any persons to engage in any of the activities listed above.

All judgments concerning the applicability of these guidelines shall be at our sole and exclusive discretion. Should your access to and use of the Service be terminated, you have the right to appeal such termination by writing to contact@zonbu.com.

J. ENFORCEMENT
All Customers of the Service must adhere to the terms of this Agreement. We have the right, but not the obligation, to strictly enforce this Agreement through self-help, active investigation, litigation and prosecution.

If, in our sole discretion, we believe that the Site is being used in an unlawful or improper manner (whether civil or criminal) or for unlawful or improper activities, we will fully cooperate with civil and/or criminal enforcement authorities conducting investigations of such use or activities. We will also support the investigation of any activities in violation of this Agreement and any other activities that we believe, in our sole discretion, impact the operation or security of Zonbu, the Site, the Service or our Customers and their data.

K. ZONBU MAKES NO WARRANTIES
We intend for the information contained on the Site and the Service to be accurate and reliable; however, errors (including deletion of data) sometimes may occur. In addition, we may make changes and improvements to the information provided herein at any time.

Zonbu PROVIDES ITS SITE AND SERVICE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, SUPPLIERS, AFFILIATES AND/OR LICENSORS (EACH, A "ZONBU PARTY," AND COLLECTIVELY, THE "Zonbu PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE Zonbu PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS OR NON-INFRINGEMENT, OR THAT THE SERVICE WILL OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

L. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY ZONBU PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA, OR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT, YOUR USE OF THE SERVICE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, OR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, EVEN IF SUCH ZONBU PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION L IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY ZONBU PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

IF, NOTWITHSTANDING THE WAIVERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE, INCLUDING WITHOUT LIMITATION YOUR EXCLUSIVE REMEDY, WHICH LIMITATIONS YOU HEREBY ACKNOWLEDGE TO BE REASONABLE, ZONBU IS FOUND LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, THE ENTIRE LIABILITY OF ZONBU TO YOU SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU MAKE A CLAIM FOR DAMAGES.

M. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION
WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY OR NO REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS K AND L. THE ZONBU PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, OR ILLEGAL CONTENT, OR (2) ANY THIRD-PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS K AND L, WE ARE NOT RESPONSIBLE OR LIABLE FOR (A) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR COMPUTER SYSTEM OR YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICE, (B) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICE AND OTHER WEBSITES, SERVICES, SOFTWARE AND HARDWARE, (C) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICE IN AN ACCURATE OR TIMELY MANNER, OR (D) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE OR SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS.

N. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Zonbu, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers, from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from your use of the Service, including without limitation (a) any violation of this Agreement by you (which term as used in this Agreement and in this Section N specifically includes others accessing the Site or the Service using your Customer ID or password), (b) any violation of rights of a third party by you, (c) any violation of applicable law, or (d) information or content that you create, transmit or store using the Service. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

O. SERVICE AVAILABILITY
We do not guarantee the availability of the Service or the maintenance of your data. The Service and data maintenance may be subject to certain equipment and compatibility limitations, including without limitation memory, storage, network availability and data conversion limitations. In addition, the availability of the Service and data could be affected by emergencies, colocation failures, transmission and equipment limitations maintenance and repair requirements, or the failure of third-party systems (including our server provider), and could be interrupted, refused, limited or curtailed. We are not responsible for data or information that you might lose or to which you do not have access because of such interruptions or performance issues with the Service or communications networks generally. You agree that we will have no liability to you for any restriction or termination of your access to the Service or for any loss of data.

P. SECURITY
ZONBU DOES NOT GUARANTEE THE SECURITY OF YOUR USE OF THE SERVICE OR OF YOUR DATA. Please see the Privacy Statement for a discussion of the security of the Service.

Q PRIVACY
The Privacy Statement explains how we collect and use personal information. You consent to our use of your personal information under the terms of the Privacy Statement.

You acknowledge and agree that we may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce this Agreement, or, in our sole discretion, to protect the rights, property, or personal safety of Zonbu, its employees, users and third parties, and the public.

R. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION
By registering with us, you understand that we may send you communications or data regarding the Service, including but not limited to (a) notices about your use of the Service, including any notices concerning violations of use, (b) updates, and (c) promotional information and materials regarding our products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the Privacy Statement.

We occasionally will provide automatic upgrades to improve your experience with the Service, although these upgrades may not be consistent across all platforms and devices. You agree to accept and to take no action to interfere with such automatic upgrades and related support and services.

Without limitation, we reserve the right to meter bandwidth or disk usage.

S. YOUR RIGHTS TO CUSTOMER CONTENT
We claim no ownership or control over any Customer Content. You or a third-party licensor, as appropriate, retain all intellectual property rights to the Customer Content, and you are responsible for protecting those rights.

You agree that we have no responsibility or liability for the deletion or failure to store any Customer Content and other communications maintained on or transmitted by means of the Service.

T. THIRD-PARTY CONTENT, SITES AND SERVICES
The Service contains features and functionalities that may link you or provide you with certain functionality and access to third-party content, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We are not a publisher of third-party information or content and are not responsible for any opinions, advice, statements or other information, services or goods provided by third parties. You irrevocably waive any claim against us with respect to such sites and third-party content. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Service, including the delivery of and payment for goods and services. Any information you involuntarily or voluntarily provide to third parties is governed by the policies of such third parties, and we disclaim any responsibility therefore.

U. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect copyright law and expect you to do the same.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Agent for Notice of claims of copyright or other intellectual property infringement ("Agent") the written information specified below: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed upon; (3) a description of where the material that you claim is infringing is located on the website; (4) your address, telephone number, and email address; (5) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Agent can be reached at contact@zonbu.com.

V. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts-of-law principles. Please note that your use of the Service may be subject to other local, state, national, and international laws. However, the United Nations Convention on the International Sale of Goods shall not apply to this Agreement.

You expressly agree that exclusive jurisdiction for any claim or dispute with any Zonbu Party or relating in any way to your use of the Service resides in the courts located in Santa Clara County, California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts located in Santa Clara County, California in connection with any such dispute including any claim involving any Zonbu Party.

W. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time; provided that we will not change the economic terms set forth in this Agreement except as otherwise provided herein. You can find the most recent version of this Agreement at http://www.zonbu.com/legal/terms.htm, with the date of last modification. Such modifications become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of this Agreement whenever you visit the Site to check if it has been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised Agreement, your sole recourse is to immediately stop all use of the Service. Your continued use of the Service following the posting of modifications will constitute your acceptance of the revised Agreement. Should you have any questions regarding the use of our Site or the Service, please contact us at contact@zonbu.com.

X. EXPORT
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control in connection with your use of any Service. Specifically, you acknowledge and understand that Content that you upload, store, manage, or transfer using the Service, may be subject to U.S. export control laws and regulations. You hereby certify that you will not -- directly or indirectly -- sell, export, re-export, transfer, divert, or otherwise dispose of any Content to any country (or national thereof) without obtaining any required prior authorizations from the appropriate government authorities.
You may not use any Service (i) to transfer any item to parties who are in U.S. sanctioned countries or identified on restricted government lists, including the Denied Persons List, the List of Specially Designated Nationals, or the Entity List, or (ii) for any military, nuclear, chemical, or biological weaponry use.

Y. EUROPEAN USERS
By using the Service, Customers in the European Union understand and consent to the processing of personal information in the United States.

Z. GENERAL TERMS
Severability. If any provision of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Assignment; Successors. We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void.

Statute of Limitations. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM RELATED TO THIS CONTRACT OR THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Survival. The provisions of this Agreement addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property and governing law shall survive the termination of this Agreement and your registration with the Service.

No Third-Party Beneficiaries. You agree that there shall be no third-party beneficiaries to this Agreement.

Entire Agreement. This Agreement (as amended from time to time, and including any policies or guidelines that may be presented to you from time to time) constitutes the entire agreement between you and PConRails and governs your use of the Service, superseding any prior agreements between you and PConRails for the use of the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase services, content or software from third parties.