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Terms Of Use
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Thank You for choosing OnlineBackupVault.com We strive every day to bring you the
easiest to use & most secure offsite backup solution available. We would like to
welcome you to OnlineBackupVault.Com (OBV) and let you know how much we appreciate
you trusting us with your important data. By using OnlineBackupVault.Com’s products,
services or web sites ("OnlineBackupVault.Com services"), you agree to the following
terms and conditions, and or any policies, guidelines, regulations, Legal (set by
your local or our governing agencies) or rules set forth by OBV or amendments thereto
that may be presented to you from time to time (collectively, the "Terms of Service").
OnlineBackupVault.Com, LLC reserves the right to update and change the Terms of
Service from time to time.
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Terms Of Service(s)
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Encryption keys help ensure data privacy. By default your encryption password is
your account password. Our staff can assist you in retrieving your default account
password. Certain privacy laws require that you change your encryption password
when utilizing a system such as ours. If you do change your encryption key once
a backup set is created, you must delete the previous backup job and rerun the full
backup. Please note, to ensure security, there is no way for us to retrieve a custom
encryption key (a key modified from the default account password). You should mark
down your passwords in a safe, secure location that you create. Encryption keys/passwords
may be case sensitive. For more info regarding security please see our whitepapers
and FAQ sections.
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Appropriate Understanding of Use And Behavior
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You agree that you are responsible for maintaining establishing, setting up your
own account. As well as you are responsible for setting up backup schedules and
ensuring those scheduled jobs are working. You understand that all information,
data, text, software, music, sound, photographs, graphics, video, messages, files,
attachments or other materials ("Content") are the sole responsibility of the account
from which such Content originated. OnlineBackupVault does NOT have access to the
contents of your data and is NOT responsible for any copyright infringements of
software/music etc that you may have on your computer(s) server(s) OnlineBackupVault.Com
reserves the right, but does not assume the responsibility, to monitor or review
any Content on OnlineBackupVault.Com services. You agree that the data you are backing
up is data that you as owner or administrator, or legal guardian of data have the
right to backup this data and move it offsite. You agree that you are responsible
for the conduct of all users of your account and any Content that is created, transmitted,
stored, or displayed by, from, or within your account while using OnlineBackupVault.Com
services and for any consequences thereof. You agree to use OnlineBackupVault.Com
services only for purposes that are legal, proper and in accordance with the Terms
of Service and any applicable guidelines policies or guidelines. You understand
that OnlineBackupVault is an add-on to your backup solution and here to provide
an extra source of backup to you, but is in no way liable for your data. You agree
not to save any illegal work, copyright violations etc. You agree not to use OnlineBackupVault
in means other than its intended means as an offsite backup solution. You agree
that you will not engage in any activity that interferes with or disrupts OnlineBackupVault.Com
services or servers or networks connected to OnlineBackupVault.Com services.
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Terminology and Definition of Infinite and/or Unlimited Backup And TOS Agreement
of Residential use Backup
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By using the home/residential software you agree that you are a residential user.
Use of residential software in a business environment is against the TOS and if
caught will be transferred to the business application and be charged retroactively
back to the beginning o the account status in business pricing. OnlineBackupVault.com
average residential user currently uses approx 10-15 gig of data. Our Unlimited
plan / infinite backup is a relative term and not a legal term- as there is no such
thing as unlimited or infinite in regard to backup. - Our "Unlimited Plans & Infinite
Plans" as of this printing on November 20, 2007 is set at 80 gig which is a ratio
of greater than 5x our current normal residential usage. This ratio of approx 5x
the normal paid/trial residential usage plans is a multiple that we plan to maintain
and potentially increase and will be reevaluated from time to time. Infinite/Unlimited
plans may have speed restrictions and or network bottleneck settings set. The Software
and Service are made available to you only for your personal use, which use must
be in compliance with all applicable laws, rules and regulations and must not infringe
or violate third party rights. You may not make commercial use of the residential
packages. Infinite/Unlimited Plans do not qualify for phone support only email support
answered generally within 24 hrs on work days. As well unlimited plans do NOT offer
remote setup & Installation. At anytime a user can upgrade from an unlimited plan
to a pay plan. OnlineBackupVault.com its software as well as its services are/were
not intended for use with aviation, nuclear, medical application, mass transit or
any inherently dangerous application that can result in death, personal injury nor
catastrophic damage. By using OnlineBackupVault.com the user agrees that OBV will
have no liability of any nature as a result of our software used in the above ways.
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Charges And Billing
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You agree that OnlineBackupVault.Com shall be permitted to charge your credit card
on a weekly/monthly/annually basis in advance of providing its services, for your
subscription fee (based on your plan selection), any applicable sales taxes, and
any other charges you may incur in connection with your use of OnlineBackupVault.Com
services. The subscription fee will be billed in full on the first day of your paid
subscription and on each monthly anniversary thereafter, unless and until you cancel
your subscription. If your billing date lands on a day not contained in a given
month, you will be billed on the last day of that month. For example, if your paid
subscription began on August 31st, your next billing date would be September 30th.
OnlineBackupVault.Com is not responsible for any additional bank fees, interest
charges, finance charges, over draft charges, or other fees resulting from charges
billed by OnlineBackupVault.Com. Currency exchange settlements will be based on
agreements between you and the provider of your credit card. In addition, we do
not give pro-rated refunds for unused time if cancellation is initiated during the
middle of a billing cycle. We also reserve the right to change our fees, but we
will notify you in advance if we do so. If there is a specific duration and price
for your current services, then that price will remain in effect for such duration,
but continued use of OnlineBackupVault.Com services thereafter will be at the new
price.
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Suspension Termination
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OnlineBackupVault.Com may terminate or suspend your access to OnlineBackupVault.Com
services at any time and for any reason without notice. Upon termination or suspension,
your right to use the service will stop right away. You may not have access to data
that you stored on the service after we suspend or terminate the service. If we
cancel your service in its entirety without cause, we will refund to you on a pro-rata
basis the amount of your payment corresponding to the portion of your service remaining
right before we terminated your service. You may terminate the service at any time
by following the instructions in the customer account area. As soon as you cancel
the service, your right to use it stops right away. You may not have access to data
that you stored on the service after you terminate the service. You are responsible
for backing-up your data that you use with the service. Termination of the service
by you will not alter your obligations to pay all charges due to OnlineBackupVault.Com.
Sections "Indemnity", "Disclaimer Of Warranties", "Limitation Of Liability", "Exclusions
And Limitations", "No Third Party Beneficiaries", "Notice", "General Information"
of this agreement survive its termination for any reason.
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Intellectual Property Right; Copyright Policy
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You acknowledge that OnlineBackupVault.Com owns all right, title and interest in
and to the OnlineBackupVault.Com services, including without limitation all intellectual
property rights (the "OnlineBackupVault.Com Rights"), and such OnlineBackupVault.Com
Rights are protected by U.S. and international intellectual property laws. The OnlineBackupVault.Com
Rights include rights to: (a) the OnlineBackupVault.Com services developed and provided
by OnlineBackupVault.Com and all trademarks and other intellectual property associated
therewith; and (b) all software associated with the OnlineBackupVault.Com services.
You agree that you will not copy, reproduce, alter, modify, or create derivative
works from the OnlineBackupVault.Com services or any Content placed on the OnlineBackupVault.Com
services by OnlineBackupVault.Com.
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Indemnity
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You agree to hold harmless and indemnify OnlineBackupVault.Com, and its affiliates,
officers, agents, and employees, advertisers or partners, from and against any third
party claim arising from or in any way related to your use of OnlineBackupVault.Com
services, violation of this Terms of Service or any other actions connected with
use of OnlineBackupVault.Com services, including any liability or expense arising
from all claims, losses, damages (actual and consequential), suits, judgments, litigation
costs and attorneys' fees, of every kind and nature. In such a case, OnlineBackupVault.Com
will provide you with written notice of such claim, suit or action.
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Refund
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All charges are non-refundable unless expressly stated otherwise, or otherwise provided
by applicable law. The costs of any returns if permitted will be at your expense,
unless otherwise provided by applicable law.
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No Resale Of Service
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You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of OnlineBackupVault.Com services, use of OnlineBackupVault.Com
services, or access to OnlineBackupVault.Com services.
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Disclaimer Of Warranties
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF ONLINEBACKUPVAULT.COM SERVICES IS AT YOUR SOLE RISK. ONLINEBACKUPVAULT.COM
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, ONLINEBACKUPVAULT.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
ONLINEBACKUPVAULT.COM DOES NOT WARRANT THAT (I) ONLINEBACKUPVAULT.COM SERVICES WILL
MEET YOUR REQUIREMENTS, (ii) ONLINEBACKUPVAULT.COM SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF ONLINEBACKUPVAULT.COM SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH ONLINEBACKUPVAULT.COM SERVICES WILL MEET YOUR EXPECTATIONS, AND (V)
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ONLINEBACKUPVAULT.COM
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONLINEBACKUPVAULT.COM
OR THROUGH OR FROM ONLINEBACKUPVAULT.COM SERVICES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS OF SERVICE.
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Limitation Of Liability
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT ONLINEBACKUPVAULT.COM SHALL NOT BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ONLINEBACKUPVAULT.COM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY
TO USE ONLINEBACKUPVAULT.COM SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM ONLINEBACKUPVAULT.COM
SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ONLINEBACKUPVAULT.COM SERVICES;
OR (v) ANY OTHER MATTER RELATING TO ONLINEBACKUPVAULT.COM SERVICES.
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Exclusions And Limitations
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NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY,
RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT
OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
ONLY THE ABOVE LIMITATIONS IN SECTION 14 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL
APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
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No Third Party Beneficiaries
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You agree that, except as otherwise expressly provided in this Terms of Service,
there shall be no third party beneficiaries to the Terms of Service.
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Agreement to use of OnlineBackupVault.com site & Software
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By installing and or using OnlineBackupVault.Com, you-the customer/client/end-user,
agree to the terms that employees, agents, affiliates and owners of OnlineBackupVault.Com
(LLC) as well as the company itself OnlineBackupVault.Com LLC, and or OnlineBackupVault
LLC cannot and will not be held liable for any loss of data and /or damage caused
directly or indirectly by OnlineBackupVault.Com including but not limited to the
improper or proper setup or usage of the software and or website. This includes
the actual data and or financial loss due to data loss.
OnlineBackupVault.Com, its Employees/agents/affiliates/technicians may assist
you with free (no charge) or for fee install and setup, and or Log Monitoring service,
however it is the clients (computer user/end user/business/home user/ person responsible
for backup) responsibility to ensure that the install and backup jobs are setup
correctly, correct files (files that need to be backed up) are selected for backup,
and to ensure that ongoing backup jobs are running correctly & properly. OnlineBackupVault.Com
(the company and or its agents/affiliates/technicians) cannot and will not take
responsibility for selections made using our software and or ongoing backups or
ensure that ongoing backups will be successful.
OnlineBackupVault.Com provides an external supplemental backup service and does
not guarantee nor take responsibility for users' data or data backup. OnlineBackupVault.Com
sends our backup reports based on the results the software sees fit, however these
reports are not legal binding documents, and not guaranteed to be error free. OnlineBackupVault.Com
strongly suggests routine "fire drills" to test out your backup procedure/backups
and ensure that all is working properly and that you can restore your data successfully.
While OnlineBackupVault.Com does plan to be the premier backup service, uninterrupted
service and or the availability of the end users data cannot be guaranteed under
any circumstance.
OnlineBackupVault.Com privacy policy keeps your data secure, when using the optional
encryption key even the CTO Of OnlineBackupVault.Com does not have access to your
data. If a user decides not to use encryption key, the data regardless falls under
our strict privacy policy and will never be accessed by us, without written permission
from the client.
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Online Backup Vault LLC Legal
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Online Backup Vault LLC Inc. has made every effort to supply trademark information
about company names, products and services mentioned on this site. All third
party trademarks are the property of their respective owners. ONLINEBACKUPVAULT
LLC does not take responsibility for any third party software, nor does OBV ensure
that all file types of the mentioned companies have been tested backup or restore
with our software and do not guarantee that all file types will work with OnlineBackupVault
or its subsidiaries.
COPYRIGHT NOTICE.
Linux® is a registered trademark of Linus Torvalds.
Intel®, Pentium®, IA32®, Itanium®,
Celeron® and IA64® are registered trademarks of
Intel Corporation. AMD®, Opteron®, and Athlon®
are registered trademarks of Advanced Micro Devices.
HP Integrity® servers are registered trademarks of Hewlett-Packard
Development Company.
IBM®, AIX®, Tivoli®, iSeries®
and pSeries® are registered trademarks of International Business
Machines Corporation.
Xwindows™ is a trademark of Massachusetts Institute of Technology.
Microsoft® and Windows® are registered trademarks
of Microsoft Corporation.
Macintosh® and Mac OS X® are registered trademarks
of Apple Computer, Inc.
Oracle® is a registered trademark of Oracle Corporation, Intuit
and its Products are Trademarks of Intuit.
All other company/product names and service marks may be trademarks or registered
trademarks of their respective companies. We are not affiliated nor do we support
or take responsibility for any company or software mentioned on this site. We attempt
to test and backup and restore all file type to provide the best service possible,
however we do not guarantee that every and any file type mentioned or alluded to
on this site can be backed up or restored, nor do we necessarily have a relationship
and or partnership relationships with companies/trademarks mentioned on this page
Any rights not expressly
granted herein are reserved.
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Notice
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You agree that OnlineBackupVault.Com may provide you with notices, including those
regarding changes to the Terms of Service, by email, regular mail, or postings on
OnlineBackupVault.Com services.
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General Information
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Entire Agreement. The Terms of Service (including any policies, guidelines or amendments
that may be presented to your form time to time) constitute the entire agreement
between you and OnlineBackupVault.Com and govern your use of OnlineBackupVault.Com
services, superseding any prior agreements between you and OnlineBackupVault.Com
for the use of OnlineBackupVault.Com services. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain other OnlineBackupVault.Com
services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Service and the relationship between you and
OnlineBackupVault.Com shall be governed by the laws of the State of New York without
regard to its conflict of law provisions. You and OnlineBackupVault.Com agree to
submit to the personal and exclusive jurisdiction of the courts located within the
county of New York.
Waiver and Severability of Terms. The failure of OnlineBackupVault.Com to exercise
or enforce any right or provision of the Terms of Service shall not constitute a
waiver of such right or provision. If any provision of the Terms of Service is found
by a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the Terms of Service remain in full
force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of OnlineBackupVault.Com
services or the Terms of Service must be filed within 7 days after such claim or
cause of action arose or be forever barred.
The section headings in the Terms of Service are for convenience only and have no
legal or contractual effect.
Testimonials on all the pages of onlinebackvault.com are true reflections of real
users who have used our software and/or our site, pictures/text/quotes may be edited
or substituted as onlinebackupvault.com sees fit. Users have the ability to add
testimonials; however onlinebackupvault.com has the right to decide whether or not
to post any material it sees fit on the web page(s) and or edit the post.
Free remote setup & installation is only available for Microsoft Windows based computers.
It is the users (you-client) responsibility to make sure that all files that you
want selected for back up are selected and backed up. There is no way for OBV technicians
to know where users save their files so we cannot ensure that all files needed are
selected. The free setup & installation option is there to teach the client, end
user how to setup, select files and maintain software for the future.
We once again thank you for trusting us with your data and look forward to servicing
you for many years to come.
OnlineBackupVault.com automatically renews your service at the completion of the
cycle period selected when signing up. OnlineBackupVault.com will auto renew based
on the plan selection (monthly\quarterly\annually) that you selected initially and
charge/bill you according to your initial payment selection. OnlineBackupVault.com
will email you a copy of the invoice, You may cancel the service up to 7 days into
a cycle for a full refund for that cycle period.
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Copyright 2007 OnlineBackupVault.com. All rights reserved.
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