Terms of Service

General

This End User License Agreement (“Agreement”) is incorporated herein by this reference and which you can access by navigating the tabs above (collectively, the "Terms"), are a binding contract between you and Biznesshosting, Inc. DBA BackupsDirect ("BackupsDirect"). You may print the foregoing documents using the print function in your browser. You understand and agree that by signing up or by installing, accessing, or using the software, products, services, and applications, you will be bound by these Terms. If you agree to these Terms on behalf of a business or organization, you represent and warrant that you have the authority to bind that business or organization to these Terms and your agreement to these Terms will be treated as the agreement of the business or organization. In that event, "you" and "your" will refer to and apply to the user of the BackupsDirect Products or that business or organization, as required by the context. If you do not agree with these Terms, BackupsDirect is not willing to license to you and you may not use the BackupsDirect Products.

 

Licensing

The BackupsDirect Products  and 3rd party software are licensed and not sold to you. During the term of your subscription, BackupsDirect grants to you a revocable, limited, non-transferable, non-exclusive license to use of BackupsDirect, solely in connection with the backup of your data. Except for the limited license granted in these Terms, BackupsDirect and its licensors retain all right, title and interest in and to the BackupsDirect Products, all copies thereof, and all proprietary rights therein, including copyrights, patent, trademark and trade secret rights. All use of BackupsDirect shall be in accordance with these Terms and its then-current documentation. You shall be solely responsible for ensuring that your use of BackupsDirect is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.

 

Account Accessibility and Ownership

To access and BackupsDirect, you agree to provide BackupsDirect with accurate and complete information when you register and to keep such information accurate and complete while you have a subscription with BackupsDirect. You are solely responsible for maintaining the confidentiality of your user name and password and solely responsible and liable for any and all activities that occur with respect to your account. You further acknowledge and agree that the business, organization, or other group of users may have selected one or more administrators to control, manage and use BackupsDirect on behalf of such business or organization, or group of users, and the administrators may have been granted certain privileges such as access to and control of your Backed-up Data, without notice to you.

Fees and Renewals

You agree to pay BackupsDirect the appropriate subscription fees for Services provided by BackupsDirect. The fee is based upon your MRC upon checking out.  Unless you designate in your account preferences or notify BackupsDirect that you do not want your subscription to be auto-renewed, you agree that BackupsDirect will automatically renew your subscription to the Services and automatically charge you the then-current renewal fees for such renewed subscription using the credit card associated with your subscription.

 

Unlimited Storage Backups

You agree that the Unlimited Storage Solution provided by BackupsDirect will be only used for one (1) server and will not be used to sync multiple servers onto one server.  If BackupsDirect suspects this is happening, BackupsDirect has the right to investigate client data.  Termination will be enforced, without warning, if caught backing up multiple servers.

 

Term

Term and Termination

These Terms and your subscription to BackupsDirect will commence at the time and on the day you sign up or install, access, or use BackupsDirect, whichever is earlier. These Terms, your license and your subscription to BackupsDirect will automatically terminate or expire upon the earlier of (i) non-renewal, cancellation, or expiration of your subscription or your failure to pay invoices when due, (ii) BackupsDirect's discontinuance of the Services, or (iii) failure to comply with these Terms. If any third party makes an intellectual property infringement claim relating to BackupsDirect, BackupsDirect reserves the right to immediately terminate your subscription to the affected Services. BACKUPSDIRECT MAY, IN ITS SOLE DISCRETION, DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF BACKUPSDIRECT SERVICES, INCLUDING SUSPENDING OR TERMINATING YOUR LICENSE AND ACCOUNT WITH BACKUPSDIRECT IF YOU ARE USING THE BACKUPSDIRECT SERVICES IN A MANNER NOT INTENDED OR IN VIOLATION OF LAW.

 

Effect of Non-Renewal or Termination

Upon any non-renewal, termination, or expiration of your subscription to the BackupsDirect Services (i) the license granted herein will automatically and immediately terminate and you will have no further right to possess or use the BackupsDirect Services, (ii) the BackupsDirect Services may be disabled by BackupsDirect without notice to you, and (iii) you will no longer have the right to access or retrieve your Backed-up Data. You acknowledge and agree that BackupsDirect's policy is to automatically delete all of your Backed-up Data upon non-renewal, termination, or expiration of your subscription to the BackupsDirect Services and that it is solely your responsibility to seek another source for your backup needs.

 

Disclaimer of Warranties; Indemnification; Limitation of Liability

BackupsDirect Services

BACKUPSDIRECT SERVICES MAY CONTAIN OR BACKUPSDIRECT MAY PROVIDE TO YOU THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING, OR YOU MAY OBTAIN THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING FROM THIRD PARTIES DIRECTLY, ("THIRD PARTY COMPONENTS"). THE BACKUPSDIRECT SERVICES, ALL THIRD PARTY COMPONENTS AND ALL BETA SOFTWARE ARE PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND.  BACKUPSDIRECT AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE BACKUPSDIRECT SERVICES, THE THIRD PARTY PRODUCTS AND ALL BETA SOFTWARE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AND AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF BACKUPSDIRECT SERVICES. BACKUPSDIRECT DOES NOT WARRANT THAT THE BACKUPSDIRECT SERVICES, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE BACKUPSDIRECT SERVICES, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE BACKUPSDIRECT SERVICES, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHIMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. YOU UNDERSTAND AND AGREE THAT YOUR INSTALLATION, USE AND ACCESS OF THE BACKUPSDIRECT SERVICES, THIRD PARTY COMPONENTS AND ALL BETA SOFTWARE IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER, SOFTWARE AND THE LOSS OF BACKED-UP DATA THAT RESULTS FROM THE USE THEREOF. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BACKUPSDIRECT SHALL CREATE ANY ADDITIONAL BACKUPSDIRECT WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF BACKUPSDIRECT’S OBLIGATIONS HEREUNDER. YOU HEREBY WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST BACKUPSDIRECT AND ITS AFFILIATES, SUPPLIERS AND LICENSORS ARISING OUT OF YOUR USE OF THE BACKUPSDIRECT SERVICES, THIRD PARTY COMPONENTS AND BETA SOFTWARE. THE BACKUPSDIRECT SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT BACKUPSDIRECT DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEB SITES, COMPUTERS, OR NETWORKS. BACKUPSDIRECT SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS.

 

Beta Applications

BackupsDirect may designate certain Enhancements and new releases of the BackupsDirect Services as "Beta Software." Beta Software is not ready and is not intended for use in a production environment.

 

Indemnification; Limitation of Liability

YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR CONDUCT, YOUR DATA, AND YOUR BACKED-UP DATA RELATED TO THE BACKUPSDIRECT SERVICES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD BACKUPSDIRECT, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, SUPPLIERS AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE, LIABILITY AND EXPENSE (INCLUDING ATTORNEYS' FEES, EXPERT FEES AND OUT-OF-POCKET EXPENSES) ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH YOUR BREACH OF THESE TERMS, YOUR USE OF THE BACKUPSDIRECT SERVICES, OR YOUR BACKED-UP DATA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BACKUPSDIRECT OR ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST TO PROCURE SUBSTITUTE SERVICES OR DATA, OR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY, OR ANY OTHER DAMAGES, INCLUDING DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOSS OF DATA AND BACKED-UP DATA, BUSINESS INTERRUPTION, OR LOST REVENUES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE BACKUPSDIRECT SERVICES, THIRD PARTY COMPONENTS, OR BETA SOFTWARE, OR YOUR USE OF DATA OR FILES STORED THEREIN, EVEN IF BACKUPSDIRECT HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE)). IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF BACKUPSDIRECT AND ITS AFFILIATES, SUPPLIERS AND LICENSORS FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) SHALL BE LIMITED TO THE LICENSE FEES PAID BY YOU TO BACKUPSDIRECT IN THE TWELVE (12) CALENDAR MONTHS PRIOR TO THE DAMAGES ARISING. IF THE BACKUPSDIRECT SERVICES ARE PROVIDED TO YOU WITHOUT CHARGE, THEN BACKUPSDIRECT SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE AND ARE NOT INTENDED TO ESTABLISH LIQUIDATED DAMAGES.YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT SUCH LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THIS AGREEMENT AND IS AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF THE BACKUPSDIRECT SERVICES. Some jurisdictions do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the foregoing terms may not apply to you.

 

Governing Law and Arbitration                                                                 

These Terms shall be governed, construed and enforced in accordance with the laws of the Commonwealth of Florida without reference to conflicts of law principles. The parties agree that the exclusive jurisdiction of any actions arising out of, relating to, or in any way connected with these Terms, shall be in the state or federal courts, as applicable, located in the City of Hollywood or the County of Broward, Florida.

Any dispute, controversy, or claim arising out of or relating to this Agreement, including the arbitrability of the matter or the formation, interpretation, scope, applicability, termination, or breach thereof, shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures, or JAMS International Arbitration Rules, if the matter is deemed "international" within the meaning of that term as defined in the JAMS International Arbitration Rules. The arbitration shall be administered by JAMS, shall take place before a sole arbitrator, and shall be conducted in Hollywood, Florida. If the JAMS International Arbitration Rules apply, the language to be used in the arbitral proceedings will be English. Judgment upon the arbitral award may be entered by any court having jurisdiction. This section shall apply to and require arbitration of all disputes, controversies and claims, regardless of whether such disputes, controversies, or claims concern a single individual, entity, or other person, multiple individuals, entities, or other persons, or classes of individuals, entities, or other persons.


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