This Agreement is between Secure Backup Online Services (SBOS) and you, as an authorized user of SBOS. This Agreement governs the terms of your use of SBOS - together with any operating rules, policies, subscriptions, fee schedules, or other supplemental documents, expressly incorporated herein and constitutes the entire agreement between SBOS and you. This Agreement supersedes any prior agreements between the parties regarding the subject matter of this Agreement.
Changes to these Terms of Use:
We reserve the right, at our discretion, to make minor revisions to these Terms of Use at any time. You may or may not be notified of changes. Please check these Terms of Use periodically for changes. (Current revision - 10/2011)
Agreement to these Terms of Use:
Purchasing an SBOS Online Backup Subscription and/or Add Ons constitutes your agreement to these Terms of Use, the Subscription Agreement, and the Termination, Refund, and Privacy Policies. In order to no longer be bound by these Terms of Use, you must discontinue using SBOS by cancelling your subscription.
Requirements for Use of SBOS:
SBOS is designed for and intended to be used by small businesses and general consumers. You represent and warrant that you willingly enter into a binding agreement with SBOS, as is outlined in these Terms of Use. You also represent and warrant that you have the legal capacity, are under no duress, and are not being influenced by any mental or physical condition.
Lawful Use of SBOS:
Secure Backup Online Services (SBOS) is subject to local, state, federal, and international laws and regulations - without limitation. You are solely responsible for the content of your Backup Set regarding the honorable lawfulness of the data files therein. SBOS reserves the right to take any action with respect to the same that SBOS deems necessary or appropriate with respect to cooperating completely with any appropriate and jurisdictional law enforcement agency, if presented with a proper court order demanding lawful access to the content of your Backup Set. You agree: (1) to comply with federal, state, local and international laws and regulations - without limitation. (2) not to post, distribute, or otherwise make available or transmit any software or other computer files that contain any type of malware or other harmful component(s). (3) not to use SBOS for illegal purposes. (4) not to delete or inhibit the operation of the SBOS backup software and/or any of its components, documentation or any web site used in connection with SBOS and/or any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own. (5) not to interfere with or disrupt internet connections and/or networks connected to SBOS. (6) not to use SBOS to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. (7) not to allow unlawful data files to be grouped within your Backup Set. (8) not to attempt to gain unauthorized access to the SBOS Servers or any other supporting systems or interfere with another user's use and enjoyment of SBOS.
Internet Connectivity:
SBOS will make every reasonable effort to ensure that all SBOS Servers are accessible through the Internet Gateway at all times. You also will make every reasonable effort to ensure that the internet connection at your location is connected to the internet gateway at all times. It is mutually understood and agreed upon that the technology involved in basic Internet connectivity, by its nature, does not possess the capability to guarantee that your designated backup computer and all SBOS Servers will be connected 100% of the time. ( due to temporary or prolonged power outages, internet disconnections, turned off computer, etc ) Therefore, SBOS makes no guarantees or claims of absolute and constant connectivity between your designated backup computer and the SBOS Servers. If the Internet Service Provider employed by either you or SBOS suffers a lengthy disconnection, you agree to not hold SBOS responsible in any way for internet disconnections beyond its control. It is the responsibility of each party to contact their own Internet Service Provider to report a disconnection as soon as it is discovered.
Hardware and Software Reliability:
SBOS will make every reasonable effort to ensure that all SBOS Servers are running at their absolute best performance quotients at all times. The dependency of the operational condition of SBOS Servers is partially dependent upon computer hardware and software reliability. It is mutually understood and agreed upon that the technology involved in all computer hardware and software components are, by their nature, prone to some degree of failure. All SBOS Servers have been built with computer hardware and software components that are of a very high degree of hardware and software compatibility and reliability. However, no computer system is considered by its design and configuration to be 100% fail safe due to unforeseen natural disasters such as wide-are power outages, earthquakes, etc. Therefore, SBOS will not be held responsible in the event of a hardware or software failure of any SBOS Server(s). In the event of a hardware or software component failure that would lead to the shutdown of the any or all SBOS Servers, SBOS will make every reasonable effort to repair any or all SBOS Servers using the most expeditious processes available. In this event, SBOS will repair said SBOS Servers and restore their presence and connectivity to the Internet Gateway within 72 hours. If any or all SBOS Servers are not repairable within the 72 hour time limit, new or different SBOS Servers will be brought into service.
It is mutually understood and agreed upon that the designated computer's operational status will comply with the following (4) conditions at the scheduled backup time.
Failure to comply with these (4) conditions will create a scenario that will prevent a successful completion of the backup of your Backup set.
(1) Must be running / turned on
(2) Must be "awake" (not in sleep or hibernation mode)
(3) Must be connected to an "always on" broadband internet connection
(4) Must have all application software closed
Further - you agree to notify SBOS if new software is installed requiring that additional folder locations be added to the data file locations within the Backup Set(s). This is to ensure that the data files for the newly installed software are added to and included in the Backup Set.
Notification of Incomplete Backup:
If for any reason the backup does not complete consistently due to conditions or circumstances at your location, you, or your agent(s), will be notified by e-mail as to the situation after three(3) consecutive failures. If we do not receive a reply within two (2) days, one of our agents will place a telephone call to you.
Setup / Primary Backup / Backup Set Maintenance:
Prior to subscribing to SBOS, a representative from SBOS will perform an on-site evaluation your current on-site backup system and/or setup an on-site backup system. We have the ability to perform the evaluation and setup remotely - so regardless of your location, we can take care of your needs. The "Primary Backup" is the first backup that occurs after the backup software has been installed on your designated computer and the Backup Set is created. The period of time for the primary backup to occur is contingent upon the size of the Backup Set and the outgoing / upload speed of your internet connection. It is mutually understood and agreed that the time required is often many hours to several days for the primary backup to complete. After the primary backup has completed, subsequent backups take only a few minutes per day unless large amounts of data have been added to the Backup Set. You agree not to hold SBOS responsible for the time required for the primary or subsequent backups - nor to hold SBOS responsible for the storage of your Backup Set until the primary backup has completed. After the primary backup has finished, SBOS will be responsible and will guarantee that the data within the defined Backup Set will be backed up and stored as per our claims. SBOS will not be held responsible if data files are removed by you or your agent(s) from areas contained in the Backup Set. You agree to notify SBOS when new software is installed or new data are added so that we may alter the Backup Set to include the new data.
File / Backup Set Recovery:
If you discover loss of data from accidental deletion by you or your staffs efforts or negligence, you agree to notify us as soon as the data loss is discovered. Upon notification, we will log on to the designated computer remotely and recover the lost files from our backup servers. It is very important to contact us as soon as the data loss is discovered. Be aware that, unless other arrangements have been made, only one copy of your Backup Set is being stored on the SBOS Servers. The Backup Set is refreshed each time the online backup occurs. If a file is lost or removed that is contained in the Backup Set, then the next time the backup occurs, the file will be removed from the SBOS servers.
Subscription Agreement:
Your subscription to SBOS is ongoing. Payment for the subscription fee is every 30-days from your sign-up date and will occur automatically from your designated payment card. An e-mail will be automatically sent to your designated e-mail account each time the automatic payment is deducted from your designated payment card.
Termination and Refund Policy:
Termination: You may terminate your subscription to SBOS for any or no reason at any time. If you wish to terminate your subscription, use a web browser to navigate to www.securebackuponline.com - and click the "Contact Us" link. Use the form on that page.
SBOS shall not be liable to you for termination of your subscription. In the event of subscription termination, for any reason, you are no longer authorized to use SBOS. If your subscription is canceled or terminated, you will no longer have access to the contents of your Backup Set and the contents of your Backup Set will be deleted by SBOS as quickly as possible. Also, automatic billing for your subscription will be terminated immediately.
SBOS may immediately terminate your subscription and right to use SBOS if:
(1) You breach these Terms of Use
(2) SBOS is unable to verify or authenticate any personal and or company information you provide
(3) Such information is or becomes inaccurate and is not updated by you
(4) Automatic payment for the subscription is canceled for any reason
(5) SBOS discontinues offering the Service
Refund Policy: If you cancel your subscription, no refund will be paid for any partial current month service.