|
|
 |
|
|
|
.: terms of use Thank You for choosing ISecureDat. Our desire to bring you the easiest and most secure offsite backup solution available. We'd like you to know, we really appreciate you trusting us with your important data. By using ISecureDat's products, services or web site, 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 ISD or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Service"). ISecureDat (ISD) reserves the right to update and change the Terms of Service from time to time. .: terms of service(s) ISecureDat offers services to you, with the understanding that you are of responsible and legal age and provided that you are of age to form a legally and binding contract and are not a person banned or barred from receiving services under the laws of the United States or Canada or any other applicable jurisdiction. In order to access certain services, you are required to provide current, legitimate, accurate identification, contact, and other information as part of the registration (installation of trial as well) process and/or continued use of ISecureDat services (trial or pay). ISD has the right to question and request proof of account ownership. You are responsible for maintaining confidentiality of your account password as well as all encryption keys, and are responsible for all action that occur under your account/username whether via Web based browser or software. You agree to immediately notify ISecureDat of any unauthorized use of your password or account or any other breach of security. ISecureDat cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure. .: appropriate understanding of use and behavior You agree that you are responsible for setting up, establishing and maintaining your own account. In addition, it is your responsibility to educate yourself 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. ISecureDat 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) or server(s). ISecureDat reserves the right, but does not assume the responsibility, to monitor or review any content it 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 ISecureDat services and for any consequences thereof. You agree to use ISecureDat 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 ISecureDat 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 ISecureDat 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 ISecureDat services or servers or networks connected to ISecureDat services. .: charges and billing You agree that ISecureDat will invoice you about 30 days before the expiration time of your current service. If you are using the PayPal Payment process, you simply sign into your account and proceed through the system. All others will simply forward a cheque or money order. Any and all applicable sales taxes or outstanding charges you may incur will be stated on the invoice. 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. ISecureDat is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by ISecureDat. 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 before doing 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 ISecureDat services thereafter will be at the new price. .: Suspension Termination ISecureDat may terminate or suspend your access to ISecureDat 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 with written notice and receive a refund pro-rata for any time remaining greater than 30 days. 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 had placed on our service. Termination of the service by you will not alter your obligations to pay all charges due to ISecureDat. The following sections "Indemnity", "Disclaimer Of Warranties", "Limitation Of Liability", "Exclusions And Limitations", "No Third Party Beneficiaries", "Notice", "General Information" of this agreement survive any termination for any reason. .: Intellectual Property Right; Copyright Policy You acknowledge that ISecureDat owns all right, title and interest in and to the ISecureDat services, including without limitation all intellectual property rights (the "ISecureDat Rights"), and such ISecureDat Rights are protected by Canadian, U.S. and international intellectual property laws. The ISecureDat Rights include rights to: (a) the ISecureDat services developed and provided by ISecureDat and all trademarks and other intellectual property associated therewith; and (b) all software associated with the ISecureDat services. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the ISecureDat services or any Content placed on the ISecureDat services by ISecureDat. .: Indemnity You agree to hold harmless and indemnify ISecureDat, 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 ISecureDat services, violation of this Terms of Service or any other actions connected with use of ISecureDat 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, ISecureDat will provide you with written notice of such claim, suit or action. .: Refund 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. .: No Resale Of Service You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of ISecureDat services, use of ISecureDat services, or access to ISecureDat services. .: Disclaimer Of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF ISecureDat SERVICES IS AT YOUR SOLE RISK. ISecureDat SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ISecureDat 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. ISecureDat DOES NOT WARRANT THAT: ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ISecureDat 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 ISecureDat OR THROUGH OR FROM ISecureDat SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. .: Limitation Of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT ISecureDat 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 ISecureDat HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE ISecureDat 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 ISecureDat SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ISecureDat SERVICES; OR (v) ANY OTHER MATTER RELATING TO ISecureDat SERVICES. .: Exclusions And Limitations 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 .: No Third Party Beneficiaries 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. .: Agreement to use of ISecureDat.com site & Software By installing and or using ISecureDat, you-the customer/client/end-user, agree to the terms that employees, agents, affiliates and owners of ISecureDat as well as the company itself ISecureDat, and or ISecureDat cannot and will not be held liable for any loss of data and /or damage caused directly or indirectly by ISecureDat.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. ISecureDat.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 the backups) 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. ISecureDat.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. ISecureDat provides an external supplemental backup service and does not guarantee nor take responsibility for user's data or data backup. ISecureDat software sends it's; backup reports based on the results it sees however, these reports are not legal binding documents, and are not guaranteed to be error free. ISecureDat strongly suggests routine "fire drills" to test your backup procedure to ensure a proper working system and that you can restore your data successfully. While ISecureDat does plan to be the premier backup service, uninterrupted service and or the availability of the end users data cannot be guaranteed under any and all circumstance. ISecureDat privacy policy and operating procedures keeps your data secure at all times. With your encryption key, not even ISecureDat has any access to your data. There is no option to NOT use an encryption key. ISecureDat will not provide service to anyone who will not use an encryption key. .: ISecureDat Legal ISecureDat has made every effort to supply trademark information about company names, products and services mentioned on this site. Other are mentioned here for future growth purposes only and due not currently apply. All third party trademarks are the property of their respective owners. ISecureDat does not take responsibility for any third party software, nor does ISD ensure that all file types of the mentioned companies been tested for backup and/or restorability with our software nor does ISD guarantee that all file types will work with ISecureDat or its subsidiaries. .: COPYRIGHT NOTICE Linux® is a registered trademark of Linus Torvalds. .: Notice You agree that ISecureDat may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on ISecureDat.com. .: General Information Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and ISecureDat and govern your use of ISecureDat services, superseding any prior agreements between you and ISecureDat for the use of ISecureDat services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ISecureDat 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 ISecureDat shall be governed by the laws of Canada without regard to its conflict of law provisions. You and ISecureDat agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Canada. .: Waiver and Severability of Terms The failure of ISecureDat 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 ISecureDat.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 ISecureDat are true reflections of real users who have used our software and/or our site, pictures/text/quotes may be edited or substituted as ISecureDat sees fit. Users have the ability to add testimonials; however ISecureDat 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 - the 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 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. Thank you again for trusting ISecureDat with your data, we look forward to servicing you for many years to come. .: Renewal ISecureDat automatically renews your service at the completion of the cycle period selected when signing up. ISecureDat will auto renew based on the plan selection (monthly\semi-annually\annually) that you selected initially and charge/bill you according to your initial payment selection. ISecureDat will e-mail and/or postal mail 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. |
|
|
|
|
|
|
|
|
|
|
|
Website contents Copyright © by ISecureDat 2007 - 2010 all rights reserved. |
