DATA BACKUP SERVICE:  Xennix agrees to provide an initial full backup of ONLY the ELECTRONIC DATA FILES in specific hard drive location(s) indicated by Customer. Thereafter, Xennix provides incremental and differential backups of data files in the same location(s), on a daily basis.  Xennix remote data backup service does not cover PROGRAM FILES. It does cover Email Backups.

COMMUNICATION CIRCUITS: All data files are transmitted over tele-communication company circuits, which are wholly beyond the control and jurisdiction of  Xennix and are maintained by the Communications Company. The Customer is responsible for the cost and maintenance of all data communication circuits at  Customer’s location(s) required for dutiful transmission and system access. Xennix is responsible for the cost and maintenance of all data communication circuits at Xennix remote backup facilities.

LIMITATION OF WARRANTY LIABILITY: The Customers remedies are limited to Xennix obligations stated herein. This warranty is exclusive and it extends only to the Customer.

a.Incomplete data transmission. If data files cannot reach Xennix facilities due to communication circuits/equipment failure at either Customer’s location(s) or tele-communication company’s site(s), or both, Xennix will not be liable for the incompletion of data backup transmission and no refund will be given under these circumstances. Xennix does not warrant that the equipment used to receive and store the data will be free from defects in material and workmanship.

b.Data loss. Customer assumes all risk for loss or damage to the Customer’s equipment and data files. Customer understands that the data is encrypted or otherwise unusable by Xennix , and agrees to hold Xennix harmless for any loss or harm to the condition of such data and releases Xennix of all liability for any claim for loss or damages to the data caused by efforts of Xennix to retrieve data. Customer will not hold Xennix or its employees accountable for any data loss due to any theft, terrorist attack or disasters.

c.Lawful possession. Customer signifies that it is in lawful possession of all data made available to
Xennix, and that possession such property is permissible by law.

WARRANTY OF CUSTOMER: The individual signed this Agreement for the Customer warrants that he/she has the authority to sign this agreement and contract for the, as well as permit the installation of systems and the activation of the services listed herein.

INDEMNIFICATION. Notwithstanding any provision of this Agreement to the contrary, Customer agrees to indemnify, hold harmless, and defend Xennix from and against any and all claims, demands, damages, loss, costs, expenses (including attorney’s fees), fines, or penalties arising out of, or as a consequence thereof, or related to Xennix performance of this Agreement, including but not limited to bodily injury, property damage and any act, error or omission to act on the part of the Customer or its employees, agents, or independent contractors, or the invitees of any of them.