Terms of Service
Service Terms and Conditions
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY PURCHASING A SERVICE YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH AND IS INDICATING YOUR ACCEPTANCE OF THIS LEGAL AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS. YOU CANNOT BECOME A CLIENT UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.
Privacy Policy
You acknowledge and agree to our policy code,
located on our website at http://backomatic.com/privacy.php, which is incorporated into our terms of service.
Security, Passwords, Accounts
You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your account name. If you lose your password you may not be able to access your data. If you have clues that malicious activity is happening to your account, please contact us as soon as possible.
Consent to Collect and Use Non-Personal Information
The Service may collect non-personally identifiable information that resides on your computer/server, including, but not limited, without limitation, statistics relating to how often backups are started and completed, and configuration settings. This information collected may be used by Backomatic without restriction.
Use of Backup Data
When you use the Service, you agree that we may copy and store duplicates of the backup data on other servers for the purpose of redundancy of the Service.
Fair Usage Policy
You agree that the disk space provided by the Service is only used for the sole purpose of backup storage. Any other use of such Service, including, but not limited to, file sharing, web site serving, will be subjected to Service Termination.
Refund and Cancellation
You may cancel at any time for any reason with no penalties. Payments under a month to month service will not be refunded; once paid, you will no longer be entitled for a refund except for the first 7 days of the money-back guarantee. If the account is under a yearly contract, you may cancel your account and request for a refund of the unused month's service fee for a maximum of 10 months (minus PayPal fees after 45 days of payment). Cancellation includes the removal of all files on the account. In the event of a charge back, Backomatic will immediately terminate all services as well as the removal of files that belong to the client. On cancellation, you must cancel the Paypal subscription to avoid future charging to your account. Under no circumstances is Backomatic obligated to refund the extra payments on an automatic basis - refunds of overpayment will be given if contacted. To provide your notice of cancellation, you must login to the client area, select the package you would like to cancel and follow the instructions given on the cancellation page.
Service Termination
This Agreement is effective upon payment of such services and remains in effect until the Service is cancelled or terminated. You may terminate this Agreement at any time by cancelling your account. Please refer to the Agreement section, "Refund and Cancellation" for more details. This Agreement automatically terminates if you fail to comply with its terms and conditions.You agree that, upon such termination that your access rights as well as files to the Service will immediately terminate.
Disclamers and Limitations of Liability
You agree to indemnify, defend, and hold harmless Backomatic and its suppliers from any and all loss, cost, liability, and expense arising from the use of the Service, or your violation of these terms.
THESE SERVICES ARE 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 BACKOMATIC OR ITS EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, OR ASSOCIATES, 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 THESE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
THE SERVICE ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, AVIATION, MASS TRANSIT, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR MASS DESTRUCTION, AND LICENSEE AGREES THAT LICENSOR WILL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE SERVICE.
Service Refusal
Backomatic reserves the right to refuse Service to anyone for any reason at our sole discretion, and to cancel any accounts for any reason. Upon such account termination, a customer is entitled a refund of the month's service fees and a minimum of 72 hours of notice.
Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail on file, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. If any modification is unacceptable to you, your only option is to terminate this Agreement by cancelling your account. This Agreement, as amended, will be effective upon acceptance of registration for new users and effective for all existing users 15 days after the posting of any amended terms on the web site.
This Agreement was last modified on July 14th, 2010.