Please carefully read the Terms and Conditions before signing up to use Secure Backup Online Services (SBOS).
This Agreement is between Secure Backup Online Services, Ltd. (SBOS) and you, as an authorized user of SBOS. This Agreement governs the terms and conditions 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 the Terms and Conditions
We reserve the right, at our discretion, to make minor revisions to these Terms and Conditions at any time. You may or may not be notified of changes. Please check these Terms and Conditions periodically for changes. (Current revision - 10/2009)

You must agree to these Terms and Conditions to use SBOS.
By signing up for, registering or using SBOS, you agree to the Terms and Conditions, Subscription Agreement, Termination, Refund, and Privacy Policies. You agree to accept notices via e-mail from SBOS and you continue to affirm your acceptance of the Terms and Conditions by your continued use of the service. In order to no longer be bound by these Terms and Conditions, you must discontinue using SBOS.

Requirements for Use of SBOS
SBOS requirements are designed and intended to be used by business owners and general consumers. You represent and warrant that you willingly enter into this binding agreement with SBOS, as is outlined in the Terms and Conditions. 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, Ltd. (SBOS) is subject to federal, state, local and international laws and regulations - without limitation. You are solely responsible for the content of your Data Set transmissions when using SBOS. 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 court order demanding access to the content of your Data Set(s).
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 a virus or other harmful component(s).
(3) not to use SBOS for illegal purposes.
(4) not to delete from the backup software, 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 or have express permission to modify.
(5) not to interfere or disrupt 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 transmit unlawful data files.
(8) not to attempt to gain unauthorized access to the SBOS Servers or any other computer 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 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 they become aware of a disconnection.

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 unforseen 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). I n 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.

Designated Computer's Operational Condition
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 your data set.
All computers:
(1) Must be running
(2) Must be "awake" (not in sleep or hibernation mode)
(3) Must be connected to an "always on" high-speed 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 outlined in the Backup Plan. This is to ensure that the data files for the newly installed software are added to and included in the Data 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 / Data Set Maintenance
Upon subscribing to SBOS, an appointment will be set to evaluate 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 Data Set is created. The period of time for the primary backup to occur is contingent upon the size of the data 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 Data 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 Data 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 Data 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 Data Set. You agree to notify SBOS when new software is installed or new data are added so that we may alter the Data Set to include the new data.

File / Data 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 Data Set is being stored on the SBOS Servers. The Data Set is refreshed each time the online backup occurs. If a file is lost or removed that is contained in the Data 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 month, 3-months, 6-months, or 12-months and will occur automatically from your designated credit or debit card. An e-mail will be automatically sent to your designated e-mail account each time the automatic payment is made.

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" link. Click the green button labeled "Click Here" and 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 Data Set and the contents of your Data Set will be deleted by SBOS as quickly as possible according to SBOS staff schedules. Also, billing for your subscription will be terminated immediatly.

SBOS may immediately terminate your subscription and right to use SBOS if:
(1) You breach these Terms.
(2) SBOS is unable to verify or authenticate any personal and or company information you provide.
(3) Such information is or becomes inaccurate.
(4) Automatic payment for the subscription is canceled for any reason.
(5) SBOS discontinues offering the Service.

Refund Policy:
If you cancel your subscription, you may request a refund, in writing, for any prepaid subscription fees. No refund will be paid for any partial current month service. To receive any refund available to you, you must request a refund in writing. To request a refund, use a web browser to navigate to www.securebackuponline.com - and click the "Contact" link. Click the green button labeled "Click Here" and use the form on that page.

Perks:

Free Setup:
When you sign up for your subscription, we will install and setup the service completely Free. We will also evaluate your current backup process/system free.

Free External USB Hard Drive Eligibility:
If you do not have an on-site backup process in place, or if you are using tape backup or any type of non-business class backup process - you will be eligible to receive a free external USB hard drive. We will setup and install the external USB hard drive with software to automatically backup your files onsite as well as online - all free. The external USB hard drive is yours to keep as long as your subscription remains in effect for at least a year.

Hard Drive Details: The external USB hard drive will be installed Free of charge and is to be used as your on-site backup device. The external USB hard drive is yours to keep as long as your subscription remains in effect until the conclusion of the first year. If your subscription is canceled or terminated for any reason prior to the end of the first year, you agree to immediately return the external USB hard drive to SBOS within 10 days. If the external USB hard drive is not returned to SBOS within 10 days of termination, you will be billed and responsible for its cost.

USA Office:
Secure Backup Online Services, Ltd.
825-C Merrimon Ave. #286
Asheville, NC 28804
USA
(828)776-3339

UK Office:
Secure Backup Online Services, Ltd.
72 High Street
Haslemere
Surrey GU27 2LAa

Corporate Office:
Secure Backup Online Services, Ltd.
P.O. Box 294
Heywood House
Anguilla, BWI AI2640