Terms of Usage
DO READ THE FOLLOWING
TERMS AND CONDITIONS BEFORE REGISTERING AND USING THE Florida Remote Backup SERVICE.
You have selected to register for use of the Florida Remote Backup's backup and
restore service (the "Service"). The Service is provided to you under the terms
and conditions set forth in these Terms and Conditions of Use ("Agreement").
1. Description of Services
2. Conditions of Use
3. Registration Information/Credit Card Charges
4. Use of IP Addresses
5. Account and Password
5 (a). Encryption Passphrase system
6. Security of Stored Data and Files
7. Content of Stored Data and Files
8. Backups of your data
9. Disclaimer of Warranties
10. Limitations of Liability
11. Indemnification
12. Termination
13. Notices
14. Severability
15. Modifications to this Agreement
16. Miscellaneous
Subject to Florida Remote Backup's acceptance of Your registration and Your
compliance with the terms and conditions of this Agreement, Florida Remote
Backup will provide You with the following service (the "Express Backup
Service"): (a)
Florida Remote Backup will establish one (1) online storage account in Your name
on the Florida Remote Backup servers (the "Account"); (b) With the
Express and Pro Plan, Florida Remote Backup will allow you to store the data as per the
quota set by the plan for a subscription fee, and (c) Florida Remote Backup will allow You to retrieve data files from Your Account; and (d) In
Your use of the Service, you are responsible for providing the following: (i)
all equipment, such as a computer and modem, necessary to access the World Wide
Web; (ii) Your own access to the World Wide Web; and (iii) payment of all
telephone or other fees associated with such access. Florida Remote Backup provides an
extensive range of services. It is possible that one or more of these services
may not be available at certain times.
You are solely responsible for the content of all data You store or retrieve
from, or attempt to store or retrieve from, Your Account and the Public Folders
and for all transmissions by You from and to Your Account. Your use of the
Service is subject to all applicable local, state, national and international
laws and regulations. You will: (a) not use the Service for any illegal
purposes; (b) not use the Service to store, retrieve, transmit or view any file,
data, image or program that contains: (i) any illegal pictures, materials or
information; (ii) any harassing, libelous, abusive, threatening, harmful,
vulgar, pornographic, obscene or otherwise objectionable material of any kind or
nature; (iii) any material that encourages conduct that could constitute a
criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national or international law or regulation; (iv) any
code or material that violates the intellectual property rights of others; (v)
any Windows temporary files of any kind (including, without limitation, any *.p
or ~*.* files); or (vi) any viruses, worms, "Trojan horses" or any other similar
contaminating or destructive features; (c) comply with United States and other
applicable law regarding the exportation and re-exportation of any data or other
materials from the United States or other jurisdictions through the Service; (d)
not use the Service for any spamming, chain letters or other use that may
otherwise disrupt the Service or the networks through which You access and use
the Service; (e) comply with all regulations, policies and procedures of
networks through which You access and use the Service; and (f) not access or
attempt to access any Service account for which You have no access authorization
or duplicate, modify, distribute or display any of the data or files from any
such account.(g) not use sharing features in a way that amounts to 'publishing'
and restrict the use of sharing features to share data between friends,
colleagues and business partners, in a very limited sense. (h) Florida Remote
Backup service
should not be used to sell digital content to others. It is not a media for
dissemination of digital content for commercial purposes. Florida Remote Backup may use
automated procedures to detect unacceptable level of usage and may immediately
disable offending accounts, and the process of detection may vary from time to
time, based on misuse detected. Florida Remote Backup is NOT a service for storing and
disseminating large amounts of data to large number of recipients. It is an
Online Storage and Backup service. Florida Remote Backup is not responsible for any business
interruptions that may be caused due to this process.
Any link(s) provided through a web site or a mass email to
download/upload files stored at Florida Remote Backup Accounts is completely unacceptable and
would be considered as violation of terms as per the (g) clause mentioned above.
A note on the concept of overuse over
chosen/allocated quota for Florida Remote Backup
For usage beyond the opted plan for business plans, there may be an overuse
charge at the rate of $0.50/GB/Month. While it is not necessary, we encourage
users to upgrade to one of the higher storage plans from
http://www.Florida Remote Backup.com/pricing.htm if their usage exceeds the opted plan to
avoid the overuse charges.
You will promptly notify Florida Remote Backup of any change in the information You
provide on Your registration form during Your registration for the Service
(including, without limitation, any change in Your mailing address, telephone
numbers or email address). The registration information provided by You on Your
registration form during Your registration for the Service, together with any
and all updates provided by You from time to time under this paragraph, is
referred to in this Agreement as the "Registration Information."
Florida Remote Backup's
policy regarding the privacy and use of the Registration Information is set
forth in Florida Remote Backup's privacy policy, as the same may be modified and amended
by Florida Remote Backup from time to time (the "Privacy Policy"). When You accept this
Agreement, You acknowledge that You agree to the terms of the Privacy Policy.
You authorize a recurring monthly or annual charge to your
credit card in exchange for use of the Florida Remote Backup service as indicated by published
standard plans or a customized quote provided for your specific use. You also
agree that the enrollment for the next service period is automatic. Refunds on a
pro-rated basis are issued only for monthly plans. When yearly subscriptions are
cancelled before the subscriptions end, refunds are issued based on a pro-rated
calculation of the subscription charges at the monthly rate for the plan, for
the actual number of days the account was subscribed (the number of days between
the most recent yearly charges and the cancellation date). If the calculated
refund amount exceeds the yearly subscription rate, then no refund is issued.
An IP address is a number that is automatically assigned to your computer
whenever you are surfing the Web. Florida Remote Backup may collect IP addresses for the
purposes of system administration, to audit the use of our site. We can and will
use IP addresses to identify a user when we feel it is necessary to enforce
compliance with our house rules or terms of service or to protect our service,
site, customers, or others. Some services and Emails sent from Florida Remote
Backup, such as
registration related ones, may display IP addresses along with the message.
After You accept this Agreement and Your registration has been accepted by
Florida Remote Backup, your Account will be established. You are solely responsible for any
consequences arising out of Your failure to maintain the confidentiality of Your
Password/encryption password. You will notify Florida Remote Backup of any unauthorized
use or other breach in security of Your Account immediately after You learn of
the same.
Florida Remote Backup provides optional encryption of data on storage with a user defined key
known only to the user and no one else. Even the Florida Remote Backup personnel do not have
access to this key as it is not stored on the Florida Remote Backup servers. It is very
important that you store this key in a safe place and maintain this key in
printed form for easier reference. Any data backed up using Florida Remote
Backup can only be
retrieved using this key and if you forget or misplace this key then your data
may not be retrievable. Florida Remote Backup is NOT responsible for loss of data arising as a
result of such cases.
If you are installing the Florida Remote Backup application on a fresh
machine, re-enter the encryption password key correctly. IF YOU ENTER AN
INCORRECT ENCRYPTION PASSWORD KEY, YOUR DATA WILL NOT BE RETRIEVED CORRECTLY.
The default option now is to have the system choose the key
for encryption on storage for ease of use. This will not provide the data
security as outlined above. While the data is still encrypted on storage, your
basic account credentials are sufficient to access the data. Based on your
privacy and security needs, you need to make appropriate choice.
Florida Remote Backup will endeavor to restrict access to the data and files You store or
retrieve from Your Account to persons accessing such data and files through use
of Your Account or Password. However, no password-protected system of data
storage and retrieval can be made entirely impenetrable. Accordingly, You hereby
acknowledge that it may be possible for an unauthorized third party to access,
view, copy, modify and distribute the data and files You store in Your Account.
For maximum privacy and security, we recommend that you choose the user defined
private key option for your Florida Remote Backup account.
You You are solely responsible for (a) obtaining sufficient rights to the content of
all data and files stored by You on Florida Remote Backup's servers and (b) ensuring that
such content does not include any of the items listed in paragraph 2(b) above.
Florida Remote Backup normally does not review, inspect, edit or monitor any content, data
or files stored by You or any other user of the Service, including, without
limitation, for viruses, worms, "Trojan horses" or any other similar
contaminating or destructive features. However, if Florida Remote Backup has suspicion
that an account is being used for storage and distribution of any illegal
material such as copy-righted content, Florida Remote Backup reserves the right to examine
the content of the online storage and backup account. Florida Remote Backup reserves the
right to refuse, remove or disable access to any data or files stored on Florida
Remote Backup's servers with immediate effect that Florida Remote Backup learns may be illegal,
may violate the terms of paragraph 2 above, may violate the rights of any third
party or otherwise may be reasonably objectionable.
Florida Remote Backup may maintain regular backups of data to recover from any
software/hardware failures. However, the most important step for a reliable
backup is at the user end; user is expected to view and verify the logs
periodically to insure that the backups do take place successfully, and take
necessary corrective action if there are errors. User is also expected to
periodically upgrade the backup client to the most recent version for improved
reliability of backups.
The The transmission, storage, viewing and retrieval of data and files through the
World Wide Web is subject to a variety of conditions that make such
transmission, storage, viewing and retrieval potentially unreliable.
ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE RISK. YOUR
ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE"
BASIS. Florida Remote Backup, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND
SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING
BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT). YOUR ACCOUNT AND THE SERVICE MAY NOT
MEET YOUR NEEDS. Florida Remote Backup MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR
ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR
THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C)
THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED;
(D) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E)
THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL
OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.
IN NIN NO EVENT SHALL Florida Remote Backup OR ITS ADVERTISERS OR SUPPLIERS HAVE ANY
OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE
SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE
OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR
USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR
FILES STORED THEREIN.
You You will defend, indemnify and hold Florida Remote Backup, its parents, subsidiaries,
affiliates, agents, officers, directors and employees, harmless from any claim
or demand, including reasonable attorneys' fees and costs, made by any third
party due to or arising out of (a) Your use of Your Account and the Service, (b)
any data files and content stored by You in Your Account and otherwise on the
Florida Remote Backup servers and (c) any violation of this Agreement by You.
Either you or Florida Remote Backup may terminate this Agreement with or without cause at
any time by giving notice of such termination to the other in the manner
described in paragraph 13 below. Further, if Florida Remote Backup believes that You have
violated Your obligations under this Agreement, Florida Remote Backup may, at its option
and in addition to its other remedies, immediately and without notice, suspend
Your Account, remove and destroy data and files stored by You on Florida Remote
Backup's
servers and/or terminate this Agreement. Florida Remote Backup will not be liable to You
or any third party for any suspension or termination of Your Account or the
Service. Should You object to any terms and conditions of this Agreement or any
subsequent modifications thereto or become dissatisfied with the Service in any
way, Your only recourse is to immediately: (a) discontinue use of the Service;
(b) terminate this Agreement; and (c) notify Florida Remote Backup of such termination.
Upon any termination of this Agreement, Florida Remote Backup will remove your stored data
files from main storage and archives within a five (5) -day period from the
termination notice. Paragraphs 7,8, 9, 10, 11, 12, 13 and 14 of this Agreement
(and any other provision that can be reasonably construed to survive
termination) will survive termination of this Agreement.
Any notice under this Agreement given by Florida Remote Backup to You will be deemed to be
properly given if sent by email to Your email address as set forth in the
Registration Information, or by a startup screen that starts before Your next
use of the Service or by written communication mailed by first class U.S. mail
to Your address on record in the Registration Information or by a display about
the changed information in the agreement on the index page if the change is
generic. It is important that you maintain a correct working email id and update
it if necessary to be able to receive Florida Remote Backup's communication. Any notice
under this Agreement given by You to Florida Remote Backup will be deemed to be properly
given if received by email sent to Florida Remote Backup's Customer Service at support@Florida
Remote Backup.com,
except those that are related to cancellation or termination of the account.
User is expected to login online at
http://www.Florida Remote Backup.com, go
to 'My Profile', choose 'Cancel Account' and provide necessary information for
cancellation. Sending an email to
support@Florida Remote Backup.com for for
cancellation is not considered as a cancellation notice for security reasons. On
successful cancellation of account by the user, or by Florida Remote Backup due to various
reasons including non-payment for the services, user data files will be removed
within a five (5)-day period from the cancellation date from main storage, as
well as archives.
This Agreement will be enforced to the fullest extent permitted by applicable
law. If for any reason any provision of this Agreement is held to be invalid or
unenforceable under applicable law to any extent, then (a) such provision will
be interpreted, construed or reformed to the extent reasonably required to
render the same valid, enforceable and consistent with the original intent
underlying such provision and (b) such invalidity or unenforceability will not
affect any other provision of this Agreement.
The terms and conditions of this Agreement may be changed by Florida Remote
Backup from
time to time. Upon any such change, Florida Remote Backup will notify You of such change
in accordance with paragraph 13 above and post an updated version of this
Agreement on the Florida Remote Backup website located at http://www.Florida
Remote Backup.com. Your
use of any Services after such notification will constitute Your acceptance of
such changed terms and conditions.
Your right to use the Service is personal to You, and You will not assign any of
Your rights, obligations or interest in this Agreement or Your Account. Without
limiting the foregoing, this Agreement is binding upon and inures to the benefit
of the parties and their respective successors and assigns. Florida Remote
Backup's
failure to insist upon or enforce strict performance of any provision or right
of this Agreement will not be construed as a waiver of any provision or right.
This Agreement will be governed by the laws of the State of Florida, without
regard to its conflict of laws rules. The provisions of the U.N. Convention on
Contracts for the International Sale of Goods and any successor treaties will
not apply. You consent to the venue and exclusive jurisdiction of the state and
federal courts located in Manatee County, Florida, U.S.A., with regard to
any claim arising under or otherwise occurring by reason of this Agreement or
Your use of the Service or Your Account. You will commence any claim or cause of
action arising under or otherwise occurring by reason of this Agreement within
one (1) year after the claim or cause of action arises or such claim or cause of
action is forever barred. This Agreement constitutes the entire agreement of the
parties with respect to the subject matter hereof and supersedes any and all
prior and contemporaneous understandings and agreements.