This is a legal agreement between the person registering for a Tarsnap account ("You" or "you") and Tarsnap Backup Inc. ("I" or "me"). This agreement governs your use of the Tarsnap service ("the service").

Client code

1. You may only access the service using unmodified Tarsnap client code which I have distributed. Compiling the source code to produce binaries does not constitute "modification" for the purpose of this clause. [Why?]

2. You may use the Tarsnap client code for the sole purpose of accessing the service.

Privacy

3. I may send you email concerning the service or your account at any time.

4. I will not sell your email address to anyone.

5. I may provide information concerning your account and your use of the service to 3rd parties, at my sole discretion, if

• I have reason to believe that it is in your interest that I provide such information. [Why?]
• It is necessary in order to keep the service running, or to diagnose or fix problems with the service or another network. [Why?]
• It is necessary in order to comply with legal obligations.

Money

6. In order to use the service, you must deposit money into your account in advance. Each payment must be a minimum of $5. [Why?]

7. When you use the service, money will be deducted from your account at a rate of 250 picodollars per byte-month of compressed storage used ($0.25 per billion bytes per month) and 250 picodollars [Why picodollars?] per byte of incoming and outgoing bandwidth ($0.25 per billion bytes) measured at the TCP layer. [Why 10^9 instead of 2^30?]

7. (a) The word "dollars" means US dollars.

7. (b) The above price includes GST/HST for residents of Canada outside of British Columbia.

7. (c) Notwithstanding the above, the price for residents of British Columbia is 223.214285 picodollars (per byte-month of storage or byte of bandwidth usage) plus tax, instead of 250 picodollars. [Why?]

8. You are responsible for any use of your account; consequently, you are responsible for keeping your account password and the keys you use to access the service secure.

9. If your account balance drops below zero, you will no longer be able to access the service, and any data you have stored using the service may be deleted.

10. At any point, you may ask for a refund of your remaining account balance by contacting me at cperciva@tarsnap.com.

10. (a) Note that if you paid in a currency other than US dollars, the refund you receive may not be equal to the amount you originally paid due to currency exchange fluctuations.

Disclaimer

11. Use of the service is at your own risk.

THE SERVICE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL I BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Miscellaneous

12. This agreement will be governed by the laws of British Columbia, Canada.

13. If you are a resident of Canada, you must provide me with your name and mailing address. [Why?]

14. I may update these Terms and Conditions at any time, but you will not be bound by any updates until 30 days after I send you an email notifying you of the changes. [Why?]

15. If you are subject to the GDPR, then this agreement incorporates the Tarsnap Data Processing Agreement.