TERMS OF USE
These terms of service ("Terms" or "Terms of Use") govern your access and use of all BackSynch services (the "Services"). Please read them carefully before using the Services.
By using the Services you agree to be bound by these Terms in their entirety for the period of time agreed between the parties (the "Fixed Contract Period"), such period to be renewed automatically in accordance with these Terms. If you are using the Services on behalf of an organisation then you are agreeing to these terms for that organization and are warranting that you have the authority to bind that organization to these terms. In that case "you" and "your" will refer to that organisation.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with BackSynch and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Your Files and Privacy
By using our Services you provide us with information, files, and folders that you submit to BackSynch (together, "your files"). You retain full ownership to your files. We don't claim any ownership of any of your files. These Terms do not grant us any rights to your files or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your files, for example, hosting your files. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.
To be clear, aside from the rare exceptions we identify in the BackSynch Privacy Policy, no matter how the Services change, we won't share your content with others, including law enforcement, for any purpose unless you direct us to. How we collect and use your information generally is also explained in the BackSynch Privacy Policy.
You are solely responsible for your conduct, the content of your files, and your communications with others while using the Services. For example, it's your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that BackSynch has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
Modifications
We may revise these Terms from time to time and the most current version will always be posted on the BackSynch website (http://www.BackupBeast.com/termsofuse.html). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised terms and conditions. If you do not agree to the revised terms and conditions, please stop using the Services.
Software and Updates
Some of our Services require you to download a client software package ("Software"). BackSynch hereby grants you a limited, nonexclusive, non-transferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available. Your acceptance of such updates is required under the Terms.
Account Security
You are responsible for safeguarding the password that you use on your BackSynch account to access the Services (the "Account") and you agree not to disclose your password to any third party. You are responsible for any activity using your Account, whether or not you authorised that activity. You should immediately notify BackSynch of any unauthorised use of your Account.
Your General Responsibilities
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not BackSynch will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Services.
You, and not BackSynch are responsible for maintaining and protecting all of your files. BackSynch will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files.
If your contact information, or other information related to your Account, changes, you must notify us promptly and keep your information current.
Limitation of Liability
THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BackSynch will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BACKSYNCH ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BACKSYNCH HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $9.95 OR THE AMOUNTS PAID BY YOU TO BACKSYNCH FOR THE SERVICES IN QUESTION. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Termination
You can stop using our Services any time by contacting us in writing at least 1 week prior to the end of the Fixed Contract Period. Fees paid by you to us prior to your decision to stop using our Services will not be refunded to you.
We reserve the right to suspend or terminate the Services at any time, without cause, with or without notice to you. At our sole discretion, we may refund unused portion of fees for each Fixed Contract Period paid for the Services on a pro-rata basis.
In the event of a material breach by you of these Terms, we retain the right to suspend or terminate these Services to you without any notice to you. If we terminate for a material breach of these terms, no refund of any fees paid will be offered. It shall constitute a material breach of these Terms if we have a reasonable belief that you:
use the Services in any way that would cause us legal liability or be deemed a use for an illegal purpose;
use the Services in such a manner that has the effect of disrupting othersí use of the Services;
repeatedly or flagrantly violate any of these Terms;
act in conflict with a court order, or our providing the Services to you is in breach of a court order;
represent a danger to the best interests of other customers or third-parties;
use the Services in a manner that results in excessive bandwidth usage, as determined by us;
directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services or manipulate Services in any manner not specified by us;
use the Services to store, backup or distribute material protected by intellectual property rights of a third-party unless you own or have appropriate rights to such material;
engage in activity that damages or is likely to damage our tangible or intangible assets; or
otherwise act in breach of the terms of our Acceptable Use Policy If we suspend or terminate your use, we will use commercially reasonable efforts to work with you to resolve such issues and re-instate the Services, and failing such resolution, we may be able to help you retrieve your files, however there may be an additional cost to these additional efforts and we will notify you of this fee before commencing same.
Jurisdiction THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY THE LAW OF INDIA EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF BANGALORE, INDIA AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and BackSynch with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. BackSynch's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but BackSynch may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. BackSynch and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Money Back Guarantee
Some Services are advertised as including a money back guarantee. To receive a refund under the guarantee you must inform us in writing before the end of the advertised money back guarantee period. If you do not claim a refund of fees during this period then no refund will be due.
Fees
All fees payable by you for the Services shall be in accordance with the scale of fees and rates published from time to time by us on our web site, errors and omissions excepted, and shall be payable for provision of the Services.
The Pricing Structure is determined by pre-agreed usage limits with you ("Usage Limit"). We reserve the right to alter the Pricing Structure, including ceasing to offer elements of the Services. The current Pricing Structure will always be posted on our website. By continuing to access or use the Services after alterations to the Pricing Structure become effective by being posted on our website, you agree to be bound by the revised Pricing Structure. If you do not agree to the new Pricing Structure, you can then notify us that you want to discontinue use of the Services. You are strongly advised to monitor our website for any alterations of the Pricing Structure.
In the event that your actual usage increases so that you exceed your Usage Limit, then we reserve the right to migrate you to a higher Usage Limit, consistent with your increased actual usage. We are not obliged to contact you prior to such a migration, however such migration may incur additional fees for you under the Pricing Structure.
All fees for our Services are due in advance.
All fees paid to us are non-refundable except in circumstances set out in these Terms.
You agree not to issue a chargeback via your bank in relation to any fees charged by us. If you do so you accept that you will be liable for our costs in dealing with the chargeback and recovering any fees properly due to us under the Terms.
Intellectual Property
Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.
The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. These Terms do not grant you any rights to use the BackSynch trademarks, logos, domain names, or other brand features.
Additional Terms applicable to use of BackSynch Backup
Some Services, including the BackSynch Backup and BackSynch Pro Suite (the "Backup Packages") are sold on a per-computer basis. You are only permitted to backup data stored on a) internal hard drives of that computer, b) externally connected drives, such as USB drives, connected to that computer or c) NAS storage devices attached to that computer. Backing up of NAS storage devices may incur an extra charge on some Backup Packages.
An upper usage limit will be included on each Backup Package. The applicable upper limit will be notified to you at time of Backup Packages sale. The upper limit for any single internal or external drive will include USB drives. In the event that your usage exceeds the applicable limit on the Backup Package sold, BackSynch reserves the right, but is not under an obligation, to increase the usage limit of your Backup Package without prior notification to you, and increase the charges accordingly.
With the exception of our business service, Services that include BackSynch Backup are not to be used for archiving. You must at all times hold an original copy of the data in the original location on the system it was backed up from. If you delete files from your computer that have been backed up we will remove the corresponding backup from our servers.
You must at all times run the BackSynch software on any computer that is being backed up and you must ensure this computer connects to the Internet at least once every 30 days. BackSynch will remove backups for computers that have not connected to the service for 30 days.
If you wish to restore data backed up onto our servers we may require up to 72 hours notice. Whilst ordinarily we would expect your data to be available for restore immediately, we reserve the right to archive data in facilities where it may not be available for immediate access.
Acceptable Use
You agree not to misuse the BackSynch Services. For example, you must not, and must not attempt to, use the Services to do the following things.
Probe, scan, or test the vulnerability of any system or network;
Breach or otherwise circumvent any security or authentication measures;
Access, tamper with, or use non-public areas of the Service, shared areas of the Service which you have not been invited to, BackSynch (or our service providers') computer systems;
Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
Plant malware or otherwise use the Services to distribute malware;
Access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");
Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
Publish anything that is fraudulent, misleading, or infringes another's rights; promote or advertise products or Services other than your own without appropriate authorization;
Impersonate or misrepresent your affiliation with any person or entity; Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
Violate the law in any way, or violate the privacy of others, or defame others.
Copyright Policy
In accordance with the Digital Millennium Copyright Act of 1998, BackSynch will respond expeditiously to claims of copyright infringement committed using the BackSynch service and/or the BackSynch website (the "Site") if such claims are reported to BackSynch in the manner identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it by postal mail to the address below.
DMCA Notice of Alleged Infringement ("Notice")
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to: help@backsynch.com