SecureBackup, LLC (
"SecureBackup" )
agrees to furnish services to the Subscriber, subject
to the following
Terms of Service.
Use of SecureBackup™ Services constitutes acceptance and agreement to the Terms
of Service.
This Agreement shall be construed in all
respects in accordance with the laws of the State of New York,
County of Madison applicable to contracts enforceable in that
state. Venue will be Madison County, New York.
1. Acceptable Use: Use of the SecureBackup™ servers and networks shall be for data backup purposes
only. Access to the SecureBackup™ service shall be made
solely through
the use of software supplied by SecureBackup™. Any other
method of access to the SecureBackup™ servers and networks
are strictly prohibited.
2. Illegal Use: The SecureBackup™ services
may not be used for illegal purposes, or in support of illegal
activities. SecureBackup™ reserves the right to cooperate with
legal authorities and/or injured third parties in the investigation
of any suspected crime or civil wrongdoing.
3. Disclosure to Law Enforcement: Subscriber
agrees that SecureBackup™ may disclose any and all subscriber
information including assigned IP numbers, account history,
account use, etc. to any law enforcement agent who makes a written
request without further consent or notification to the Subscriber.
In addition SecureBackup™ shall have the right to terminate all
service set forth in this Agreement.
4. Subscriber Responsibility: Subscribers will be held responsible and accountable
for any activity by third parties, using their account,
that violates the guidelines specified in this Terms
of Service.
5. Forgotten Passwords: Subscriber is fully responsible for remembering their password. SecureBackup™ shall not be liable for any damages arising from
data loss due to Subscriber's lost or forgotten password.
6. Password Liability: Subscriber is fully responsible for keeping their password secure. This also
includes keeping any systems which run the SecureBackup™ software
secure. Under no circumstance shall SecureBackup™ be
liable for any damages arising from data loss, data
corruption, or backup file theft due to Subscriber's
unsecured, compromised, or guessed password. Guessed
passwords include, but are not limited to, passwords
that were determined using computer guessing
programs employing brute force or dictionary attacks,
or passwords that were determined through social engineering
or phishing scams.
7. Service Rates: Subscriber
acknowledges that the nature of the service furnished
and the initial rates
and charges have been communicated to Subscriber.
Subscriber is aware that SecureBackup™ may prospectively
change the specified
rates and charges from time to time. The promotional
offer is contingent upon SecureBackup™ achieving
and maintaining its cost
of service goals including but not limited to
rates charged to SecureBackup™ by its suppliers.
8. Payment: Establishment of service to
Subscriber is dependent upon receipt by SecureBackup™ of payment of stated charges. Subsequent payments are
due on the anniversary
date of the month for that month's service. All accounts
and services provided by SecureBackup™ are subject to
the current tax rate as imposed by the State of New
York. The above
applies
to all accounts and services provided by SecureBackup™.
9. Payments and Fees: Credit cards that
are declined for any reason are subject to a $1.00
declination fee. Services will be suspended on accounts
that reach 15 days
past due. Accounts that are not collectable by SecureBackup™ may be turned over to an outside collection agency
for collection. If your account is turned over for
collection, you agree to
pay SecureBackup™ a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account,
please follow the proper procedure to do this as outlined
in this Terms of Service.
10. Refund and Disputes: Unless otherwise
stated, all payments to SecureBackup™ are non-refundable.
This includes the one time setup fee and subsequent
charges regardless
of usage. All overcharges or billing disputes must
be reported within 60 days of the time the dispute
occurred. If you dispute
a charge to your credit card issuer that, in SecureBackup's
sole discretion is a valid charge under the provisions
of the Terms of Service, you agree to pay SecureBackup™ an "Administrative Fee" of not less than $50 and not more than $150.
11. Failure to Pay: SecureBackup™ may temporarily
deny service or terminate this Agreement upon the failure
of Subscriber to pay charges when due. Such termination
or denial will not relieve Subscriber of responsibility
for the
payment
of all accrued charges, plus reasonable interest and
any collection fees.
12. Account Cancellation: All requests for
account cancellation should be made at least 5 business
days prior to your next billing anniversary date.
13. Service Interruption: Subscriber acknowledges that the service provided is
of such a nature that service can be interrupted for
many reasons other
than the negligence of SecureBackup™ and that damages
resulting from any interruption of service are difficult
to ascertain.
Therefore, subscriber agrees that SecureBackup™ shall
not be liable for any damages arising from such causes
beyond the direct
and exclusive control of SecureBackup™. Subscriber further
acknowledges that SecureBackup's liability for its
own negligence may not
in any event exceed an amount equivalent to charges
payable by subscriber for services during the period
damages occurred.
In no event shall SecureBackup™ be liable for any special
or consequential damages, loss or injury.
14. Support Boundaries: SecureBackup™ provides
technical support to Subscribers. SecureBackup™ responds
to problems or questions as soon as is humanly possible.
If answers to technical
support questions are available on the SecureBackup.com
website or within the SecureBackup™ software, Subscriber
may be referred
to those resources. SecureBackup™ requests that all
subscribers investigate these resources before contacting
technical support.
15. Bandwidth and Disk Usage: Subscriber
agrees that bandwidth and disk usage shall not exceed
the number of gigabytes (GB) per month for the Services
ordered by Subscriber
on the Order Form (the "Agreed Usage"). SecureBackup™ will monitor Subscriber's bandwidth and disk usage. SecureBackup™ shall have the right to take corrective action if Subscriber's
bandwidth or disk usage exceeds the Agreed Usage. Such
corrective action may include the assessment of additional
charges, disconnection
or discontinuance of any and all Services, or termination
of this Agreement, which actions may be taken is in
SecureBackup's sole and absolute discretion. If SecureBackup™ takes
any corrective
action under this section, Subscriber shall not be
entitled to a refund of any fees paid in advance prior
to such action.
16. System and Network Security: Users are
prohibited from violating or attempting to violate
the security of the SecureBackup™ systems and network.
Violations of system
or network security may result in civil or criminal
liability. SecureBackup™ will investigate occurrences,
which may involve
such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting Users who
are involved in such violations.
These violations include, without limitation:
