Terms of service
Please note that by using our service you are areeing to the following terms and conditions
Please read this agreement carefully…
Business Backup Online Products and Services Terms and Conditions of Use Updated and effective as of August 1, 2012. READ THIS AGREEMENT CAREFULLY.
Business Backup Online (BBO) is willing to provide BBO Products or Services to you only if you accept all of the following terms and conditions, the BBO Privacy Policy, as well as any operating rules, policies, price schedules, and other supplemental documents Published by BBO from time to time, all of which are incorporated herein by reference (collectively, “Terms and Conditions of Use” or “this Agreement”).
- Definition of Terms
As used in these Terms and Conditions of Use: “Backup Data” includes any data you back up through Use of the BBO Products or Services and any related data that are in the possession of BBO “BBO Products or Services” means data backup services, websites (including without limitation, www.businessbackuponline.co.uk), all other documentation, features, tools, BBO Software, and any other products or services provided by BBO “BBO Software” means software provided to you or for your use by BBO. “Computer” (whether or not capitalized) means a desktop or laptop computer, network device, and any storage device attached to them in any fashion. “Days” (whether or not capitalized) means calendar days. “Personal Information” means information that you may provide at the time of registration or otherwise, such as name, physical location or address, IP address, e-mail address, employment, or similar information that identifies you as a specific individual. To “Publish” documents or information means to provide to or make them accessible to you by mailing, emailing, desktop messaging, faxing, or delivering them to you, or by posting them to www.businessbackuponline.co.uk or any other website you visit to register for, subscribe to, license, buy, or Use BBO Products or Services. The “Subscription Period” for any license to use BBO Products or Services begins at purchase, regardless of the date of activation, and expires at the end of your specific purchased term. A specific purchased term may be monthly, yearly, multi-year or for another periodic metric. For example, if you are billed on a monthly basis, your Subscription Period is for the month billed. To “Use” or “Using” BBO Products or Services means each time you visit a BBO website, register with BBO, download BBO Software, use BBO Software to encrypt or back up data, view the status of your Backup Data, store or restore Backup Data, access any Backup Data or request support. “You,” “yourself”, “user,” and “customer” (whether or not capitalized) refer to the individual or legal entity registering for or using the BBO Products or Services.
- Acceptance of Terms and Conditions of Use; Modification; Cancellation
By registering to Use BBO Products or Services, and each time you Use a BBO Product or Service, you affirm your acceptance of these Terms and Conditions of Use and agree to comply with them now and throughout the period of your Use of the BBO Products or Services and thereafter, as noted in Section 6 (BBO License to You; Renewals, etc.) below. If you do not agree to these Terms and Conditions of Use in their entirety, do not Use BBO Products or Services. BBO may change the Terms and Conditions of Use at any time, without prior notice to you, and in its sole discretion. The new or modified Terms and Conditions of Use will be effective immediately after we publish them on our website at www.businessbackuponline.co.uk. If you do not agree to be bound by BBO’s Terms and Conditions of Use as Published by BBO from time to time, your sole and exclusive remedy is to discontinue using BBO Products or Services. If you wish to cancel your BBO license after a change in the Terms and Conditions of Use, you must do so in writing or by email within thirty (30) days after your next Use of a BBO Product or Service following the change in the Terms and Conditions of Use. For this type of cancellation you will receive a pro-rata refund for the unused portion of your BBO license as of your date of notice. If you cancel your BBO account in the first thirty (30) days, you will be given a full refund. You acknowledge and agree that if you do elect to cancel your license within this specified period after a change in the Terms and Conditions of Use, or if you cancel your license or fail to renew an expired or terminated license for any reason, BBO may delete any information that BBO has obtained through your Use of BBO Products or Services, including without limitation, your Backup Data, and BBO will not have any Backup Data available for your Use. Cancelled accounts will have all information deleted immediately upon cancelling.
- Requirements for Registration or Use of BBO Products
BBO Products or Services are intended and offered only for lawful Use by individuals or organizations with the legal capacity and authority under applicable law to enter into a contract for such products or services. BBO does not offer BBO Products or Services to minors or where prohibited by law. By registering for and/or by Using BBO Products or Services, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement to adhere to the BBO Terms and Conditions of Use and that you will Use BBO Products or Services only in accordance with these Terms and Conditions of Use and with all applicable laws. If an individual is registering or Using BBO Products or Services on behalf of an entity or organization, that individual warrants, represents, and covenants to BBO that such individual is duly authorized to agree to these Terms and Conditions of Use on behalf of the organization and to bind the organization to them. If an individual uses BBO Products or Services that are provided by any third party including any person, entity or organization, the individual Using the BBO Products or Services, by virtue of such use, agrees that any information the individual provides to BBO (including but not limited to the individual’s Backup Data and Personal Information) will be accessible to, and may be viewed, changed, or deleted by the person, entity or organization that provided the BBO Products or Services to the individual. You agree to provide accurate and complete information when you register for a BBO Product or Service and you agree to keep such information accurate and complete during the entire time that you Use BBO Products or Services. We may ask you from time to time to establish a user name or password to access or Use the BBO Products or Services. You are solely responsible for any consequences arising in whole or in part out of your failure to maintain the confidentiality of your username and/or password.
- Lawful Use of BBO Products or Services
You may not Use BBO Products or Services for any unlawful purpose.
- Changes to the BBO Products or Services
BBO has the right at any time to change, modify, add to, discontinue, or retire any BBO Product or Service and any aspect or feature of the BBO Products or Services including, but not limited to, the software, hours of availability, equipment needed for access or Use, the types of files that are backed-up (not every file on your computer is backed-up), the maximum disk space that will be allotted on BBO servers on your behalf either cumulatively or for any particular service, or the availability of BBO Products or Services on any particular device or communications service. BBO will provide notice of material changes to the BBO Products or Services or changes to this Agreement by posting them to www.businessbackuponline.co.uk. BBO shall have no obligation to provide you with notice of any such changes in any other manner. It shall be your responsibility to check our website periodically to inform yourself of any such changes. From time to time, BBO may issue new releases, revisions, or enhancements to the BBO Products or Services available to you free of charge or for a fee. New releases, revisions or enhancements may be licensed, downloaded, and installed only to the extent that you hold a valid license to Use the BBO Products or Services being updated or upgraded, and you may Use them only in accordance with the then-current Terms and Conditions of Use and any additional license terms that may accompany them. BBO may automatically update BBO Products or Services you have installed on your computer without your prior consent. If any automatic updates involve the payment of additional fees, we will provide you with the opportunity to approve such fees prior to the new functionality being enabled. If you fail or refuse to approve such fees, BBO may, in its sole discretion, terminate your current license, continue to support your current BBO Products or Services without the automatic update, or replace your BBO Products or Services with other BBO Products or Services. If BBO terminates your current license on account of your failure or refusal to approve such fees, then BBO will refund, on a pro-rata basis based on the remaining term of the current license, any fees related to the period during which you will not have access to your BBO Products or Services. If BBO updates the BBO Products or Services without requiring an additional fee and you object to such change, your sole remedy shall be to terminate your use of the BBO Products and Services. These Terms and Conditions of Use (including any documents incorporated by reference) constitute the entirety of the agreement between us and you concerning the subject matters discussed herein. This Agreement supersedes any prior written or oral representations, understandings, or agreements, and may not be modified except by the posting of changes to www.businessbackuponline.co.uk as provided in this Section 5. No written or oral statement, understanding, representation, or alleged agreement made outside the Terms and Conditions of Use posted to www.businessbackuponline.co.uk may be used to modify, interpret, add to, supersede, or construe the terms of this Agreement, except by means of a written agreement signed by an officer of BBO.
- BBO License to You; Renewals, Modifications, Limits
(a) Scope of License.
BBO grants you a non-exclusive, non-transferable limited and revocable license to install the BBO Software only on the computer(s) for which you have paid the applicable fees and taxes and from which you are licensed to access the BBO Products or Services, and to Use the BBO Products or Services for the sole and exclusive purposes of connecting to and Using the BBO Products or Services for your personal or internal business purposes in accordance with these Terms and Conditions of Use. We reserve all other rights to the BBO Products or Services. You may Use a license for the BBO Products or Services with only one computer at a time unless the BBO Products or Services you Use are explicitly designed and marketed to operate on more than one computer at a time concurrently. The type of license you have (including such variables as whether the license permits use of BBO Products or Services on more than one computer, whether the licenses fees are based on the number of computers, volume of data, or both, and the length of the Subscription Periods, etc.) is set forth as part of the BBO Product or Service description available at www.businessbackuponline.co.uk. Should your license for the BBO Product or Services you Use be designed for only one computer at a time you may transfer your license to another computer in the event that you cease to use the computer on which BBO Software was originally installed. If you wish to protect multiple computers, you must obtain a separate paid license for each computer or you must obtain a multi-computer license which will be applicable to the number of computers stated in such license. You may not sub-license, or charge others to Use or access the BBO Products or Services and you may not redistribute the BBO Products or Services or provide others with access to or Use of them, unless you have entered into a separate Reseller Agreement or other agreement with BBO that expressly authorizes you to engage in this activity. Without limiting the forgoing, you will not permit others to Use the BBO Products or Services to access or decrypt data stored on servers provided by BBO or BBO Affiliates; you will not Use or permit others to Use the BBO Products or Services to decrypt data encrypted by others; and you will not Use or permit others to Use the BBO Products or Services to provide encryption or decryption services to others, whether or not such services are compensated.
(b) Trial Licenses.
You may have received as part of your BBO license the opportunity to extend the expiration date of your license or trial through the Use of various marketing codes. If you do not enter these codes at the time you purchase your license or start your trial license, BBO will not add this additional time to your license or trial at a later date. If you received a free trial or evaluation license for which you have not paid a license fee, BBO grants to you a non-exclusive, non-transferable limited license to Use the BBO Software during the trial or evaluation period in accordance with these Terms and Conditions of Use. If you wish to protect multiple computers with a free trial or evaluation license, you must obtain a separate license for each computer or you must obtain a multi-computer license which will be applicable to the number of computers stated in such license. You may only install one free trial or evaluation license in each calendar year per computer.
(c) Renewals.
You agree that BBO shall have the right to automatically and without notice renew your license to continue to Use the BBO Products or Services upon expiration of your then-current license, and that as part of such renewal BBO shall have the right to charge the applicable renewal fees and any applicable taxes, which may be different than those you paid when you initially purchased or last renewed your license for BBO Products or Services.
(d) Cancellation of Renewals.
You may cancel a renewal of a license only on the following terms: You may not Use BBO Products or Services for any unlawful purpose. If your most recent original or renewal license of BBO Products or Services was for a period of greater than thirty (30) days, you have thirty (30) days from the date that your license was last renewed to elect to discontinue your Use of BBO Products or Services. If you elect to discontinue your Use of BBO Products or Services within this period, you will be issued a full refund for the amount of your license renewal. If your most recent original or renewal license of BBO Products or Services was for a period of greater than 30 days, and you beyond your original or renewal 30 days of that period, you shall will not be entitled to a refund. In addition all sales are final and not subject to a refund for the following products multiple computer extra, priority support, additional support, increased bandwidth and other additional products that may be offered from time to time by BBO that do not fall within the initial package purchased by you. All extras are considered one time purchases for the period you selected and will not be eligible for a refund. You are responsible for ensuring that BBO has current and accurate records necessary, to renew your license.
(e) Updates.
BBO may in its sole discretion provide automatic updates to the BBO Products or Services. These updates may not be consistent across all platforms and computers; and the performance and features offered by BBO may vary depending on your computer and other equipment. You agree that we may automatically check your version of the BBO Software and automatically update the BBO Software on your computer. You agree to accept and to take no action to interfere with such automatic updates, scanning, and related activities and services. If you shut down your computer or the BBO Software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
(f) Duration of Agreement.
You agree that you shall be bound by these Terms & Conditions of Use beginning on the earlier of when you first install BBO Products or Services or when you first agree to the BBO Terms and Conditions of Use until the later of the dates when (i) your license and any renewal thereof terminates, ii) your Backup Data is deleted, or iii) you have your last contact with BBO for customer support.
- Assignment and Delegation by BBO
BBO may, in its sole discretion, transfer or assign all or any part of its rights in the BBO Software, the BBO Products or Services, and any license or contract related thereto, and may delegate all or any portion of its duties, if any, under any such BBO Products or Services, licenses, or other contracts.
- No Transfers or Modifications by You
You may not sell, assign, grant a security interest in or otherwise transfer any right in the BBO Products or Services, nor incorporate them (or any portion of them) into another product or service. You may not copy the BBO Products or Services. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the BBO Software or decrypt any files that are not associated with your computer. You may not modify the BBO Software or use it in any way not expressly authorized by these Terms and Conditions of Use. You may not obtain the communications protocol for accessing the BBO Products. You may not authorize or assist any third party to do any of the foregoing.
- Protection of Files
You are solely responsible for protecting the information on your computer such as by installing anti-virus software, updating your applications, password protecting your files, and not permitting third party access to your computer. You understand that the BBO Products or Services may back-up files that are no longer usable due to corruption from viruses, software malfunctions or other causes. This might result in you restoring files that are no longer usable.
- Retention or Deletion of Backup Data and Personal Information
BBO Software saves to a server operated by BBO a copy of each file you designate. The BBO Software scans for changes or additions to these files and then periodically creates a copy of a modified or newly designated file. You will not be able to restore files that BBO has not completed copying, files that have been changed but not yet been backed up, or files or folders or disc drives that are not eligible for back up. Should your data be lost by BBO we will undertake commercially reasonable efforts to recover it for you. If your license to Use BBO Products or Services expires, is terminated, is not renewed, or is otherwise discontinued for any reason, BBO and the BBO Affiliates may, without notice, delete or deny you access to any of your Backup Data that may remain in our possession or control. You agree that if i) you mark a file to no longer be backed-up, ii) you delete a file from your computer, iii) move a file to a location on your computer that is not marked for back-up, iv) you delete a computer from your BBO Products or Services account, v) your computer is unable to access BBO, or vi) you terminate or allow your trial or license to terminate, non-renew, or otherwise lapse for any reason, that the files you have marked, deleted, moved or stored on a deleted, inaccessible, or unlicensed computer may not be available to you should you wish to restore them. You agree that BBO and BBO Affiliates may retain (but shall have no obligation to retain) your Backup Data for a period after your trial or license has been terminated, expired, or otherwise lapsed, as part of BBO’s marketing to you of the opportunity to purchase, renew, or extend a license. You also agree that BBO may retain your Personal Information and related account information for a reasonable time after your license has been terminated.
- Customer Support
BBO may, in its sole discretion, provide customer support or service to you. This service may be available only on selected days and during a limited number of hours. Service may also only be made available through certain delivery vehicles such as email or telephone and some services may only be available for the payment of an additional fee or charge. As part of the delivery of services, BBO may employ a variety of tools to aid in the process of resolving your issues as a user. You grant BBO the right to use these tools and hold BBO harmless for the use of these tools as well as the guidance provided by its customer support staff who, you acknowledge, cannot be fully aware of all of the complexities associated with the BBO Products or Services, your computer, or all of the related or associated infrastructure that may affect the performance of your systems or the encryption and backup of your files. You agree and understand that certain programs, files, information or data you restore may require that you have access to or retain license keys that BBO may not have backed up and that you will retain any needed copies of such information. You agree and understand that certain programs, applications or utilities will require configuration in order to access data restored from your BBO Products or Services and that BBO has no obligation to assist, and may not be able to assist, you with such configurations.
- Restrictions on Access to BBO Products or Service
You may access BBO Products or Services only through the interfaces and protocols provided or authorized by BBO. You agree that you will not access BBO Products through unauthorized means, such as unlicensed software clients. Certain BBO Products or Services backup only certain types of files. You agree not to circumvent these limitations in any way, including but not limited to, changing file extensions or header information.
- Communications
You are responsible for obtaining and maintaining all of the hardware, software, and services that you may need to access and Use BBO Products or Services. Without limiting the foregoing, you must pay all charges, taxes, and other costs and fees related to obtaining your own Internet access, telephone, computer, and other equipment, and any communications or other charges incurred by you to access BBO Products or Services.
- Termination and Fair Use Policy
BBO SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF BBO PRODUCTS OR SERVICES TO USERS WHO ARE DEEMED BY BBO TO BE USING THE BBO PRODUCTS OR SERVICES IN A MANNER NOT REASONABLY INTENDED BY BBO OR IN VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A USER’S ACCOUNT WITH BBO AND THE LICENSE TO USE THE BBO PRODUCTS OR SERVICES. BBO Products or Services are designed to serve the needs of particular types of users, such as individual consumers or small businesses. If you have purchased a BBO Product or Service that is inappropriate for your actual usage, BBO may require you to switch to an appropriate BBO Product or Service which may result in your having to pay BBO additional fees for use of the appropriate product or to terminate your purchased BBO Products or Services and refund, on a prorated basis, any fees paid you may have paid on the unused portion of your BBO subscription. BBO may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of BBO Products or Services and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network resources and to take such technical and other remedies as we deem appropriate. Your consumption of BBO Products or Services may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of BBO’s customers, generally. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative pricing plan or BBO Product or Service that will permit you to continue to use BBO Products or Services. Although violations of this policy have been infrequent, we reserve the right to terminate or suspend your license to Use BBO Products or Services and any license to use the BBO Software, without prior notice in the event of a violation of this policy.
- Data Collection, Encryption, Privacy, and Disclosure
BBO will collect and use Personal Information in accord with the terms of our BBO Privacy Policy , which is incorporated into and made a part of these Terms and Conditions of Use. You hereby consent to BBO’s use of your Personal Information under the terms of the BBO Privacy Policy, as it may be amended from time to time. To provide its services, BBO Software routinely scans your computer in order to detect new, modified, or deleted data files that require further action to complete backup and restore operations. BBO Software also catalogues the number and total storage size of various file types on your computer. BBO Software inspects file headers and related information in order to confirm that each file’s type is properly represented by its file extension. If the contents of your files are encrypted before they are transmitted to BBO’s data center. BBO may have the ability to decrypt your data files. However, BBO will not decrypt your files unless i) it reasonably believes that it must do so to troubleshoot problems with the BBO Services or ii) it reasonably believes it must do so in order to comply with a law, subpoena, warrant, order, or regulation. BBO may also provide access to your data to government authorities if BBO suspects or believes that the data contains illegal or prohibited data or that the data is being used for illegal purposes. You acknowledge that BBO or BBO Affiliates may use servers and other equipment to provide the BBO Products or Services that are located in the UK or in other countries where litigants, law enforcement, courts, and other agencies of the government may have the right to access data stored within their jurisdictions upon terms and conditions provided by local law, and that as a result, they may gain access to your Backup Data as provided by applicable local law. You further acknowledge that depending upon the BBO Product or Service you use or the features of the BBO Product or Service you use, accessing your Backup Data from any Internet enabled computer may not be possible.
- Warranties
(a) WARRANTY. BBO warrants that the BBO Products or Services will perform substantially as specified in the applicable BBO documentation for a period of thirty (30) days from the date of registration or payment. If you satisfactorily demonstrate to BBO within such thirty (30) day period that a BBO Product or Service contains errors, then as BBO’s sole and exclusive liability and as your sole and exclusive remedy, BBO shall at its sole option either use commercially reasonable efforts to correct the errors reported by you, replace the BBO Product or Services affected with a substantially conforming product or service, or refund the fee you paid for the BBO Product or Service and terminate your license under the Terms and Conditions of Use. BBO does not warrant the results of its correction or replacement BBO Products or Services. Correction or replacement under this Section 16 (Warranties), and the issuance of any corrections, patches, bug fixes, workarounds, extras, enhancements, or updates by BBO to you, shall not be deemed to begin a new, extended, or additional license, Subscription Period, or warranty period.
(b) DISCLAIMER OF OTHER WARRANTIES. THE LIMITED WARRANTY IN THE PRECEDING PARAGRAPH IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND ANY WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. BBO and the BBO Affiliates do not warrant that the functions contained in the BBO Products or Services will meet your requirements, that the operation of the BBO Products or Services will be uninterrupted or error-free, or that defects in the BBO Products or Services will be corrected. BBO and BBO Affiliates do not warrant or make any representations regarding the use or the results of the use of the BBO Products or Services in terms of their correctness, accuracy, reliability or otherwise. BBO and BBO Affiliates do not represent or warrant that users will be able to access or use the BBO Products or Services at times or locations of their choosing, or that BBO and BBO Affiliates will have adequate capacity for any user’s requirements. No oral or written statement, information or advice given by BBO, BBO Affiliates, or their respective employees, distributors, dealers, or agents shall create any warranties in addition to those express warranties set forth in this Section 16 (Warranties). You may have other statutory rights. However, to the full extent permitted by law, the duration of statutorily required warranties, if any, shall be limited to the warranty period.
- Limitation of Liability
With respect to defects or deficiencies in the BBO Products or Services, the liability of BBO and BBO Affiliates will be limited to performance of its responsibilities under Section 16 (Warranties) above. With respect to other breaches of contract, the liability of BBO and BBO Affiliates shall be limited to your actual damages with respect to the computer affected by the breach, and in no event will such liability exceed the total amount received by BBO from you under these Terms and Conditions of Use for your current Subscription Period. IN NO EVENT WILL BBO, THE BBO CONTRACTORS, BBO DISTRIBUTORS OR BBO SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE BBO PRODUCTS OR SERVICES OR TO USE OR RETRIEVE ANY BACKUP DATA, WHETHER FOR BREACH OF WARRANTY OR OTHER CONTRACT BREACH, NEGLIGENCE OR OTHER TORT, OR ON ANY STRICT LIABILITY THEORY, EVEN IF BBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR A REMEDY SET FORTH IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. Neither BBO nor any BBO Affiliate assumes any liability to any party other than you arising out of your Use or inability to Use the BBO Products or Services. The limitations of damages set forth above are fundamental elements of the bargain between BBO and you. BBO would not be able to provide the BBO Products or Services to you without such limitations.
- Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BBO, BBO AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND EXPENSES, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE BBO PRODUCTS OR SERVICES AND/OR YOUR VIOLATION OF ANY TERM OF THESE TERMS AND CONDITIONS OF USE. Should you bear financial responsibility for payment to BBO for BBO Products or Services or have otherwise made payment for BBO Products or Services, you agree to indemnify any Users of BBO Products or Services that you have paid for with respect to any and all matters. If you are a beneficiary of another party having paid for said BBO Products or Services, whether or not the paying party(s) is a user of BBO Products and Services, your sole source of recourse, for any and all claims, is to the party that bears financial responsibility to BBO for BBO Products and Services. BBO RESERVES THE RIGHT, AT ITS OWN EXPENSE AND IN ITS SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN THAT EVENT, AND ONLY IN SUCH EVENT, YOU SHALL HAVE NO FURTHER OBLIGATION TO PROVIDE A DEFENSE FOR BBO IN THAT MATTER. If BBO chooses to provide its own defense in connection with any matter subject to indemnification under these Terms and Conditions of Use, you shall participate and cooperate in the defense of BBO and BBO Affiliates, at your own expense, to the full extent requested by BBO.
- Trademarks, Service Marks, and Other Intellectual Property
All trademarks, service marks or other similar items appearing on the BBO Products or Service are the property of their respective owners, including, without limitation, BBO. The BBO Products or Services are protected by copyright and other intellectual property laws, title, ownership rights, and intellectual property rights in the BBO Products or Services and shall remain with BBO and its licensors. You agree not to take any action to jeopardize, limit, or interfere in any manner with BBO’s or its licensor’s ownership of or rights with respect to the BBO Products or Services.
- High Risk Activity
You acknowledge and agree that the BBO Products or Services are not intended for use with any high risk or strict liability activity, including, without limitation, air or space travel, technical building or structural design, power plant design or operation, life support or emergency medical operations or uses, and that BBO makes no warranty and shall have no liability arising from any Use of the BBO Products or Services in any high risk or strict liability activities.
- Class Actions.
Class actions and other procedural devices, however denominated, that allow pursuit in a single proceeding of claims of more than one claimant unrelated by blood or marriage shall not be permitted in the case of arbitrations hereunder involving either Consumer Licensees or Commercial Licensees or both.
- Disputes and cancellation.
(a) Trial and Evaluation Licenses. If this Agreement pertains to a trial, beta, or evaluation license (such as a license that provides a limited amount or an unlimited amount of back-up for free, for which you have not paid a fee and/or for which you do not pay a fee and associated taxes on or prior to expiration), the license granted under these Terms and Conditions of Use will terminate upon the expiration or cancellation of the trial or evaluation period, when the BBO Product or Service you are using is no longer made available, six (6) months from the date you first installed the BBO Product and Service, or when BBO cancels or terminates the license, whichever is shorter. You agree to Use the BBO Products or Services for no longer than the trial or evaluation period unless you enter into another license and pay a license fee and associated taxes as applicable, or BBO allows your license to roll over for another six (6) month period which BBO may elect to do at its sole discretion and without notice to you.
(b) All Other Licenses; Limited Term. Your license will end upon the sooner to occur of (i) expiration of your Subscription Period, (ii) upon your non-renewal of the license, (iii) upon your cancellation of the license, (iv) when BBO elects to discontinue the product, (v) upon your breach of these Terms and Conditions of Use (if such breach is not cured within the time indicated below in this Section 23 (Termination, Expiration, Cancellation), or (vi) when BBO cancels or terminates your license, (any such expiration, cancellation, discontinuation, or termination are referred to hereafter as “termination”).
(c) Termination for Unlawful or Abusive Use, Other Breach. BBO may block your access to your Backup Data and/or terminate your Use of the BBO Products or Services if BBO reasonably believes that the Backup Data may contain illegal material or is being used to support illegal activities, if providing BBO Products or Services to a person located in a particular country would violate UK. or other applicable law, or if your continued Use of BBO Products or Services may damage, disable, overburden, or impair our servers or networks. If you breach these Terms and Conditions of Use, your right to Use the BBO Products or Services shall automatically terminate if you fail to cure the breach within seven (7) days after notice from BBO or any of the BBO Affiliates, unless your breach is due to violations of Section 4 (Lawful Use), Section 8 (No Transfers or Modifications by You), Section 18 (Indemnification),or Section 19 (Trademarks), in which case termination will be without notice and without any right to cure. Upon termination: i) you shall immediately cease any and all Use of the BBO Products or Services and delete all copies of them; ii) the BBO Software may be disabled by BBO without notice to you; and iii) you will no longer have the right to access or retrieve your Backup Data; you hereby grant BBO at its sole discretion the unrestricted right to delete or retain all such Personal Information and Backup Data at any time after termination, without notice.
- Survival
In the event of any termination, expiration, or cancellation, the restrictions on your Use of the Software and the other applicable restrictions as set forth in Section 4 (Lawful Use), Section 6 (BBO License), Section 8 (No Transfers or Modifications by You), Section 16 (Warranties), Section 17 (Limitation of Liability), Section 18 (Indemnification),Section 19 (Trademarks, Service Marks, and Other Intellectual Property, Section 20 (High Risk Activity), Section 22 (Dispute Resolution, Governing Law, Venue), Section 24 (Survival), Section 25 (Notice), Section 28 (Limitation on Actions), Section 30 (Miscellaneous) and Section 31 (Severability) shall survive such termination, expiration, or cancellation, and you agree to remain bound by those terms.
- Notice
Any notice that may or must be given by BBO in connection with this Agreement or in connection with the Use of the BBO Products or Services, may be given by sending it to the email address provided by you upon registering for the BBO Products or Services or as you may provide from time to time thereafter by modifying your user profile at www.businessbackuponline.co.uk. You are responsible for ensuring that your accurate email address is available to BBO and provide any needed updates. BBO may, in its sole discretion, use other means of providing notice, such as: desktop notification; regular, certified, or registered mail; fax; commercial delivery service; or messenger. All such notices shall be deemed given when dispatched with payment of delivery charges made or arranged. You hereby consent to receiving notice by any such means. Notwithstanding the foregoing, BBO has no obligation to provide notice or attempt to locate a customer other than through the email address provided.
- Entire Agreement; Applicability of Terms; Construction; Limit to Modifications; Conflicts in Terms
These Terms and Conditions of Use (including the items incorporated by reference and modifications that may be made from time to time), constitute the entire agreement between BBO and you regarding BBO Products or Services, and supersedes all prior agreements between you and BBO regarding the subject matters hereof. Any item or service furnished by BBO in furtherance of these Terms and Conditions of Use, although not specifically identified in them, shall nevertheless be covered by these Terms and Conditions of Use unless specifically covered by some other agreement entered into in written or electronic form between you and us. Any modification or change in these Terms and Conditions of Use proposed or offered by you shall not become a part of these Terms and Conditions of Use unless accepted in a writing dated after the effective date of the applicable Terms and Conditions of Use and signed by an authorized officer of BBO. Should there be any conflict in terms between this Agreement and any other document, the terms and conditions set forth in this Agreement shall govern. Any references that are singular or plural and any references that are masculine, feminine, or neuter in gender, are meant to be used interchangeably as the context of the sentence might imply.
- Limitation on Actions
Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law must be commenced within one year after the cause of action accrues.
- Miscellaneous
You agree to reimburse BBO for any costs or fees related to its enforcement of this Agreement, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by BBO. BBO is not responsible for misprints, errors or omissions in its advertising and promotional materials. If you have designated a person (whether by email, orally, by registering such person with BBO, by granting such person access to your username and password or by having your computer registered for BBO Products or Services where another party is paying for the backup of your files) to have access to your Backup Data, you hereby authorize BBO to give such designated person access to your Backup Data, including without limitation in the event of your death or incapacity.
- Severability
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 (i) such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and ii) such invalidity or unenforceability will not affect the validity or enforceability of any other provision of this Agreement and all such provisions shall remain in full force and effect.
- No Waiver
The BBO reserves its right to take all legal steps available to enforce these Terms and Conditions of Use. BBO’s failure to enforce these Terms and Conditions of Use in every instance in which they might apply, or the failure to require at any time performance of any provisions of this Agreement, will in no way be construed to be a present or future waiver of such provisions or of the BBO’s rights to enforce such provisions. No waiver of any provisions of this or any other Agreement with the BBO shall be effective unless expressly stated to be such in writing and signed by both parties.
- Billing Process
Should BBO bill you for your BBO Product or Service on a monthly or periodic basis you agree that BBO will bill you exclusively in full month or periodic increments and that there will be no billing for partial months or periods for any reason. Any amounts billed are fully due and payable at the time the bill is rendered to you.
- Billing Issues
You must notify us about any billing problems or discrepancies within sixty (60) days after they first appear on the statement you receive from your bank or credit card company or other billing company. Send such notification to us at the BBO Contact Information indicated in Section 35 (BBO Contact Information) below. If you do not bring such problems or discrepancies to our attention within that sixty (60) day period, you agree that you waive the right to dispute such problems or discrepancies.
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