As you’ll recall reading in Part 1 of this four-part series, a ransomware attack is where extortionists infect your systems with a virus (a.k.a. malware)that locks up your data files or entirely shuts down your IT operations until you pay
BobaGuard Terms and Conditions
BobaGuard Terms and Conditions
GLOBALMAC2 INC, (dba “BobaGuard”) PROVIDES ACCESS TO ITS SERVICE TITLED SECURITY+ (THE “SERVICE”) SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS SUBSCRIPTION AGREEMENT (THE “AGREEMENT”). PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. AS USED IN THIS AGREEMENT, “YOU” AND “YOUR” REFER TO THE PERSON OR ENTITY USING THE SERVICE. BobaGuard AND YOU ARE COLLECTIVELY REFERRED TO AS THE “PARTIES” AND INDIVIDUALLY AS A “PARTY.”
BY CLICKING THE “AGREE” BUTTON, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK “AGREE.” NOTWITHSTANDING THE FOREGOING, USING THE SERVICE INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.
1. Authorized Use
BobaGuard authorizes You to access and use the Service during the Term of this Agreement. You are not allowed to resell or otherwise commercialize the Service. You shall be solely responsible for any and all activities made under Your account, including, but not limited to, exceeding the number of authorized users.
You agree to pay BobaGuard all applicable monthly fees to access and use the Service.
3. Payment Terms
By using Your credit card as the method of payment, You agree that You are authorized to use the credit card presented as a method of payment and that BobaGuard is hereby authorized to charge Your credit card at any time for the month. You must provide BobaGuard with a valid credit card number and associated payment information including all of the following: (i) Your name as it appears on the card; (ii) Your credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge Your card. If BobaGuard does not receive payment from Your credit card issuer or its agent, You will be responsible for an alternate payment arrangement and any resulting fees.
5. Use Restrictions
7. System and Usage Data
You authorize BobaGuard to collect, store, aggregate, analyze and disclose data and information about Your use of the Service (collectively “Usage Data”). Usage Data will be owned by BobaGuard.
You may report an error with the Service by contacting BobaGuard. BobaGuard will attempt to fix the error as soon as possible and will keep you informed of its repair efforts. But BobaGuard does not warrant that the error will be fixed and nothing in this Section will be construed as BobaGuard warranting that an error will be fixed or fixed to your satisfaction.
You acknowledge and agree that at times the Service may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that BobaGuard may undertake from time to time; or (iii) causes that are beyond the control of BobaGuard or that are not reasonably foreseeable.
10. Disclaimer of Warranties
11. Limitation of Liability
You agree to indemnify, hold harmless and defend BobaGuard, its agents, officers, directors, employees, successors, assigns, and affiliates, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to the breach of this Agreement or the unauthorized use of the Service.
You may terminate this Agreement by contacting BobaGuard at 440-941-1622. You acknowledge and agree that You remain liable for all fees incurred during the month in which you terminate this Agreement and authorize BobaGuard to charge Your credit card for these fees.
Effect of Termination
14. Equitable Remedies and Enforcement
15. Governing Law; Jurisdiction; Venue; Attorneys’ Fees
This Agreement shall be construed and enforced in accordance with the laws of the State of Ohio. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Ohio. The Parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each Party by the federal and/or state courts in the State of Ohio. The Parties hereby irrevocably waive any and all objections which any Party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Ohio and to the venue of any such suit, action, or proceeding brought in any such federal or state court in the State of Ohio. Should You breach any of the terms of this Agreement, You hereby agree to pay all the reasonable attorneys’ fees incurred by BobaGuard in enforcing the terms of this Agreement. The attorneys’ fees shall be paid by You irrespective of any damages recovered or any relief afforded to BobaGuard.