PCBackup360 Terms of Use

Updated and Effective as of July 13’th, 2015


PCBackup360 (PC360) is willing to provide PC360 Products or Services to you only if you accept all of the following terms and conditions, the PC360 Privacy Policy, as well as any operating rules, policies, price schedules, and other supplemental documents Published by PC360 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 PC360 Products or Services and any related data that are in the possession of PC360 or PC360 Affiliates. "PC360," "we," "us," or "our" (whether or not capitalized) mean PC360 and its subsidiaries. "PC360 Affiliate" means persons or entities who have provided products, licenses, or services to PC360 and persons or entities with which PC360 has entered into an agreement to sublicense or to provide PC360 Products or Services to users. "PC360 Products or Services" means data backup services, websites (including without limitation, www.pcbackup360.com), all other documentation, features, tools, PC360 Software, and any other products or services provided by PC360 or its authorized agents, distributors, and licensees. "PC360 Software" means software provided to you or for your use by PC360. "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.pcbackup360.com or any other website you visit to register for, subscribe to, license, buy, or Use PC360 Products orServices. The "Subscription Period" for any license to use PC360 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 or for 1 year. For example, if you are billed on a monthly basis, your Subscription Period is for the month billed. To "Use" or "Using" PC360 Products or Services means each time you visit a PC360 website, register with PC360, download PC360 Software, use PC360 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 PC360 Products or Services.

Acceptance of Terms and Conditions of Use; Modification; Cancellation

By registering to Use PC360 Products or Services, and each time you Use a PC360 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 PC360 Products or Services and thereafter, as noted in Section 6 (PC360 License to You; Renewals, etc.) below. If you do not agree to these Terms and Conditions of Use in their entirety, do not Use PC360 Products or Services. PC360 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.pcbackup360.com. If you do not agree to be bound by PC360's Terms and Conditions of Use as Published by PC360 from time to time, your sole and exclusive remedy is to discontinue using PC360 Products or Services. If you wish to cancel your PC360 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 PC360 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 PC360 license as of your date of notice. 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, PC360 may delete any information that PC360 has obtained through your Use of PC360 Products or Services, including without limitation, your Backup Data, and PC360 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 PC360 Products

PC360 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. PC360 does not offer PC360 Products or Services to minors or where prohibited by law. By registering for and/or by Using PC360 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 PC360 Terms and Conditions of Use and that you will Use PC360 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 PC360 Products or Services on behalf of an entity or organization, that individual warrants, represents, and covenants to PC360 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 PC360 Products or Services that are provided by any third party including any person, entity or organization, the individual Using the PC360 Products or Services, by virtue of such use, agrees that any information the individual provides to PC360 (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 PC360 Products or Services to the individual. You agree to provide accurate and complete information when you register for a PC360 Product or Service and you agree to keep such information accurate and complete during the entire time that you Use PC360 Products or Services. We may ask you from time to time to establish a user name or password to access or Use the PC360 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 PC360 Products or Services

You may not Use PC360 Products or Services for any unlawful purpose. Without limiting the foregoing:

(a) PC360 Products or Services may not be Used to store, backup, or distribute child pornography and may not be Used in violation of U.S. export control laws or the export or import regulations of other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import as may be required.

(b) You may not Use PC360 Products or Services if you are a citizen, national, or resident of, or are under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, Iraq, Morocco, Nigeria, Tunisia, Pakistan, Algeria, Afghanistan, Saudi Arabia, or any other country to which the United States has prohibited export. Each time you Use PC360 Products or Services you represent, warrant, and covenant that: (i) You are not a citizen, national, or resident of, nor under the control of, any such country to which the United States has prohibited export; (ii) You will not download or otherwise export or re-export the PC360 Software, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries; (iii) You are not listed on the U.S. Department of Treasury's Lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, the U.S. Department of State's List of Statutorily Debarred Parties, or the U.S. Department of Commerce's Denied Persons List, Entity List, or Unverified List Table of Denial Orders; (iv) You will not download or otherwise export or re-export the PC360 Software, directly or indirectly, to persons on the above mentioned lists; (v) You will neither Use nor allow the PC360 Software to be Used for, any purposes prohibited by United States federal or state law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction; (vi) The PC360 Software will not be exported, directly, or indirectly, in violation of these laws, nor will the PC360 Products or Services be Used or any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation; and (vii) You are not using or permitting others to Use PC360 Products or Services to create, store, backup, distribute, or provide access to child pornography.

Changes to the PC360 Products or Services

PC360 has the right at any time to change, modify, add to, discontinue, or retire any PC360 Product or Service and any aspect or feature of the PC360 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 PC360 servers on your behalf either cumulatively or for any particular service, or the availability of PC360 Products or Services on any particular device or communications service. PC360 will provide notice of material changes to the PC360 Products or Services or changes to this Agreement by posting them to www.pcbackup360.com. PC360 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, PC360 may issue new releases, revisions, or enhancements to the PC360 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 PC360 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. PC360 may automatically update PC360 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, PC360 may, in its sole discretion, terminate your current license, continue to support your current PC360 Products or Services without the automatic update, or replace your PC360 Products or Services with other PC360 Products or Services. If PC360 terminates your current license on account of your failure or refusal to approve such fees, then PC360 will refund, on a pro-rata basis based on the remaining term of the current license,provided that the most recent license renewal or original license purchase was made less than 30 days prior, any fees related to the period during which you will not have access to your PC360 Products or Services. If PC360 updates the PC360 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 PC360 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.pcbackup360.com 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.pcbackup360.com 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 PC360.

PC360 License to You; Renewals, Modifications, Limits

(a) Scope of License. PC360 grants you a non-exclusive, non-transferable limited and revocable license to install the PC360 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 PC360 Products or Services, and to Use the PC360 Products or Services for the sole and exclusive purposes of connecting to and Using the PC360 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 PC360 Products or Services. You may Use a license for the PC360 Products or Services with only one computer at a time unless the PC360 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 PC360 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 PC360 Product or Service description available at www.pcbackup360.com . Should your license for the PC360 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 PC360 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 PC360 Products or Services and you may not redistribute the PC360 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 PC360 that expressly authorizes you to engage in this activity. Without limiting the forgoing, you will not permit others to Use the PC360 Products or Services to access or decrypt data stored on servers provided by PC360 or PC360 Affiliates; you will not Use or permit others to Use the PC360 Products or Services to decrypt data encrypted by others; and you will not Use or permit others to Use the PC360 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 PC360 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, PC360 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, PC360 grants to you a non-exclusive, non-transferable limited license to Use the PC360 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) Service & Pricing. pcbackup360.com offer three great plans and a range of additional services to suit everyone's needs. pcbackup360.com often offers promotions, coupons and special offers to customers during their initial term. Please note that special offers are limited-time promotional prices that are available to new customers and are valid for the Initial Term only, and not for successive or renewal periods. Service and Pricing can be found at www.pcbackup360.com/index.html#price

(d) Renewals. You agree that PC360 shall have the right to automatically and without notice renew your license to continue to Use the PC360 Products or Services 15 days prior to expiration of your then-current license, and that as part of such renewal PC360 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 PC360 Products or Services to any credit card you used to purchase your then-current license. You agree that if you elect to not permit PC360 the right to automatically renew your license to Use PC360 Products or Services or your credit card information on file with PC360 does not permit automatic renewal, then PC360 may terminate your license if you do not otherwise renew your license.

We will notify you 10 days prior to this charge by email

First month discount promotions. If you received a discount promotion on your initial months sign up, you agree that PCBackup360 shall have the right to automatically and without notice renew your license at the listed non discounted monthly price. All other terms of service will still apply upon acceptance.

(e) Cancellation of Renewals. You may cancel a renewal of a license only on the following terms: You may not Use PC360 Products or Services for any unlawful purpose. If your most recent original or renewal license of PC360 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 PC360 Products or Services. If you elect to discontinue your Use of PC360 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 PC360 Products or Services was for a period of greater than 30 days andless than 6 months, and you beyond your original or renewal 30 days of that period, you shall be entitled to a pro-rate 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 PC360. That do not fall within the initial package purchased by you. All extras concerned are one time purchases for the period you selected and the Priority Support service, will not be eligible for a refund. in addition all sales are final and not subject to a refund for the following products: Should you fail to pay amounts invoiced and due within fifteen (15) days of being invoiced, or should your payment be otherwise rejected or denied, then PC360 may at its sole discretion begin collection proceedings to recover any and all amounts due. Should PC360 elect to refer your past due obligations for collection proceedings you will also become responsible for any costs associated with said collections and shall pay PC360 the greater of the then permissible interest rate on the past due balance or 1.5er month calculated and due on a monthly basis. You are responsible for ensuring that PC360 has current and accurate records necessary, to renew your license, including without limitation, credit card data.

(f) Turn off Auto-Renewal You can simply turn off your auto-renewal within your account preferences or by contacting support.

(g) Early Termination Fee We will apply a termination charge if you stop your service when still within your contract term. When you sign up for a minimum term service, the costs of that service are spread across the term period, for example over 6 months, 1 year. Discounts and any fees are also included in the agreed service costs. Early Termination charges are applied to recover the costs of the service provided to you over the minimum contract period. Our Prices: Your Early Termination Fee will be $14.95 for failure to complete your contract term.

What are Early Termination charges?: Often, customers that order services from us agree to take those services for a minimum period (usually 6/12/24 months). Sometimes customers will choose to give up a service within this minimum period. If they do, we will usually charge them for doing so.

Exemptions: The exceptions when we will not raise Early Termination charges are listed below:

  • All monthly plans are void of any terminations fees as their contracts are on month-month contracts.
  • Product migration: migration of an existing product or service up the value chain to a higher value product for the same or longer contract period.
  • Temporary service: termination of a pre-agreed temporary service.
  • Account's where the termination is within (30) Thirty days from the date of order.
  • If the resulting refund is less than $14.95 the refund will not be issued but no further charges for the remaining will be charged.
Why wasn't I told about the charge? When you ordered the product with us, the prices and terms and conditions of service would have been explained. Re-confirmation of length of contract, and our terms and conditions would have been shown as a confirmation box on the order form. We also highlight the length of term in all of our product descriptions.

(f) Updates. PC360 may in its sole discretion provide automatic updates to the PC360 Products or Services. These updates may not be consistent across all platforms and computers; and the performance and features offered by PC360 may vary depending on your computer and other equipment. You agree that we may automatically check your version of the PC360 Software and automatically update the PC360 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 PC360 Software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.

(g) Refunds. By purchasing a license, you acknowledge that you are aware of the opportunity to "try before you buy" by using a free or evaluation PCBackup360 Product or Service. PCBackup360 offers a pro-rated 30-day money back guarantee for PCBackup360 Products or Services. By purchasing any service with a setup fee you acknowledge that the setup fee is non-refundable where 'setup fee' is indicated in the plan or plan name. If there is a problem with your order please contact us for a full refund.

(i) 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 PC360 Products or Services or when you first agree to the PC360 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 PC360 for customer support.

(j) VAT VAT (Value Added Tax) is a tax on consumer spending within the territory of an European Member (E.U.) State. VAT is not included in prices displayed on PC360 site. When applicable, VAT is charged separately and will be itemized on invoices and billing information.

Who may be charged VAT

PC360 is required to comply with the European VAT (Value Added Tax) regulations and charge VAT to customers located in the E.U. Customers categorized as Business users in the E.U. may be required to self-account for VAT under EC Directive 2006/112, Art 196, using the reverse charge mechanism. NOTE: If your account accrued charges BEFORE you supplied the necessary information to PC360, VAT will be charged on all purchases prior to the change. If you are not familiar with the VAT self-accounting rules in your country, please contact your accountant or professional adviser for more information.

(k) Exchange Rates The prices quoted on the full website are Great British Pounds (£), Australian Dollars ($), United Stated Dollars ($), Canadian Dollars ($) and Euros (€) only. If you purchase with a currency outside of these you will be billed in United States Dollars and we (PC360), are not responsible for the exchange rate on the day of purchase and you are advised that changes to your purchase or refunds may be affected by such exchange rate.

e.g. If you purchase a plan for $80.00 USD on June 18 2014 and you paid in South African Rand (ZAR) you would pay R868 ZAR (exchange rate of R10.85 ZAR to $1 USD). If you were refunded on June 30 2014 you would receive R846.40 ZAR for an $80.00 USD refund as the exchange rate was R10.58 ZAR to each $1 USD.

We are not liable for the difference due to the changing exchange rate

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 PC360 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

PC360 Software saves to a server operated by PC360 or a PC360 Affiliate an encrypted copy of each file you designate. The PC360 Software scans for changes or additions to these files and then periodically creates an encrypted copy of a modified or newly designated file. You will not be able to restore files that PC360 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. PC360 does not maintain a secondary copy of your data that you have Backed Up to our servers. Should your data be lost by PC360 we will undertake commercially reasonable efforts to create a replacement back-up from the files stored on your computer. If your license to Use PC360 Products or Services expires, is terminated, is not renewed, or is otherwise discontinued for any reason, PC360 and the PC360 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 PC360 Products or Services account, v) your computer is unable to access PC360, 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 PC360 and PC360 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 PC360's marketing to you of the opportunity to purchase, renew, or extend a license. You also agree that PC360 may retain your Personal Information and related account information for a reasonable time after your license has been terminated.

Restrictions on Access to PC360 Products or Service

You may access PC360 Products or Services only through the interfaces and protocols provided or authorized by PC360. You agree that you will not access PC360 Products through unauthorized means, such as unlicensed software clients. Certain PC360 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 PC360 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 PC360 Products or Services.

Termination and Fair Use Policy

PC360 SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF PC360 PRODUCTS OR SERVICES TO USERS WHO ARE DEEMED BY PC360 TO BE USING THE PC360 PRODUCTS OR SERVICES IN A MANNER NOT REASONABLY INTENDED BY PC360 OR IN VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A USER'S ACCOUNT WITH PC360 AND THE LICENSE TO USE THE PC360 PRODUCTS OR SERVICES. PC360 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 PC360 Product or Service that is inappropriate for your actual usage, PC360 may require you to switch to an appropriate PC360 Product or Service which may result in your having to pay PC360 additional fees for use of the appropriate product or to terminate your purchased PC360 Products or Services and refund, on a prorated basis, any fees paid you may have paid on the unused portion of your PC360 subscription, provided that the most recent license renewal or original license purchase was made less than 30 days prior. PC360 may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of PC360 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 PC360 Products or Services may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of PC360'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 PC360 Product or Service that will permit you to continue to use PC360 Products or Services. Although violations of this policy have been infrequent, we reserve the right to terminate or suspend your license to Use PC360 Products or Services and any license to use the PC360 Software, without prior notice in the event of a violation of this policy. If PC360 believes that you are breached our Fair Use Policy and the user has not switched to a Business Service, PC360 we will allow the user 30 days from date of first communication to retrieve their data before deletion of the users account and data. 1st notice will be sent 30days before account deletion, 2nd notice will be send 20days before account deletion and the 3rd final notice will be sent 2days before account deletion. All communications will be sent to the email address attached to the users account.

Data Collection, Encryption, Privacy, and Disclosure

PC360 will collect and use Personal Information in accord with the terms of our PC360 Privacy Policy , which is incorporated into and made a part of these Terms and Conditions of Use. You hereby consent to PC360's use of your Personal Information under the terms of the PC360 Privacy Policy, as it may be amended from time to time. To provide its services, PC360 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. PC360 Software also catalogs the number and total storage size of various file types on your computer. PC360 Software inspects file headers and related information in order to confirm that each file's type is properly represented by its file extension. The contents of your files are encrypted before they are transmitted to PC360's data center. PC360 may have the ability to decrypt your data files. However, PC360 will not decrypt your files unless i) it reasonably believes that it must do so to troubleshoot problems with the PC360 Services or ii) it reasonably believes it must do so in order to comply with a law, subpoena, warrant, order, or regulation, including, without limitation, the requirement of a certification that complies with 18 U.S.C. - 2703. PC360 may also provide access to your data to government authorities if PC360 suspects or believes that the data contains child pornography or other prohibited data or that the data is being used for illegal purposes. You acknowledge that PC360 or PC360 Affiliates may use servers and other equipment to provide the PC360 Products or Services that are located in the United States 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 may elect to Use PC360 Products or Service that permit you to decrypt and download Backup Data from any Internet enabled computer. You understand that by electing to access your files from a computer other than the one you used to create the Backup Data, that your Backup Data will be decrypted by PC360 in its data center and sent to you in a decrypted format via public infrastructure. You acknowledge that this may cause the contents of these files to become accessible to individuals other than you and that you accept this risk. You further acknowledge that depending upon the PC360 Product or Service you use or the features of the PC360 Product or Service you use, accessing your Backup Data from any Internet enabled computer may not be possible.

Warranties

(a) WARRANTY. PC360 warrants that the PC360 Products or Services will perform substantially as specified in the applicable PC360 documentation for a period of thirty (30) days from the date of registration or payment. If you satisfactorily demonstrate to PC360 within such thirty (30) day period that a PC360 Product or Service contains errors, then as PC360's sole and exclusive liability and as your sole and exclusive remedy, PC360 shall at its sole option either use commercially reasonable efforts to correct the errors reported by you, replace the PC360 Product or Services affected with a substantially conforming product or service, or refund the fee you paid for the PC360 Product or Service and terminate your license under the Terms and Conditions of Use. PC360 does not warrant the results of its correction or replacement PC360 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 PC360 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. PC360 and the PC360 Affiliates do not warrant that the functions contained in the PC360 Products or Services will meet your requirements, that the operation of the PC360 Products or Services will be uninterrupted or error-free, or that defects in the PC360 Products or Services will be corrected. PC360 and PC360 Affiliates do not warrant or make any representations regarding the use or the results of the use of the PC360 Products or Services in terms of their correctness, accuracy, reliability or otherwise. PC360 and PC360 Affiliates do not represent or warrant that users will be able to access or use the PC360 Products or Services at times or locations of their choosing, or that PC360 and PC360 Affiliates will have adequate capacity for any user's requirements. No oral or written statement, information or advice given by PC360, PC360 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 PC360 Products or Services, the liability of PC360 and PC360 Affiliates will be limited to performance of its responsibilities under Section 16 (Warranties) above. With respect to other breaches of contract, the liability of PC360 and PC360 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 PC360 from you under these Terms and Conditions of Use for your current Subscription Period. IN NO EVENT WILL PC360, THE PC360 CONTRACTORS, PC360 DISTRIBUTORS OR PC360 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 PC360 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 PC360 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 PC360 nor any PC360 Affiliate assumes any liability to any party other than you arising out of your Use or inability to Use the PC360 Products or Services. The limitations of damages set forth above are fundamental elements of the bargain between PC360 and you. PC360 would not be able to provide the PC360 Products or Services to you without such imitations.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PC360 , PC360 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 PC360 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 PC360 for PC360 Products or Services or have otherwise made payment for PC360 Products or Services, you agree to indemnify any Users of PC360 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 PC360 Products or Services, whether or not the paying party(s) is a user of PC360 Products and Services, your sole source of recourse, for any and all claims, is to the party that bears financial responsibility to PC360 for PC360 Products and Services. PC360 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 PC360 IN THAT MATTER. If PC360 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 PC360 and PC360 Affiliates, at your own expense, to the full extent requested by PC360.

Dispute Resolution, Arbitration, Governing Law, and Venue

(a) Arbitration of Domestic (U.S.) Disputes. All disputes arising under or relating to this Agreement shall be resolved by final and binding arbitration conducted before a single arbitrator pursuant to the commercial arbitration rules of Resolute Systems, Inc. that were in force as of April 30, 2008. Evidentiary hearings and any other proceedings requiring personal attendance of parties or their representatives or witnesses shall be conducted in any U.S. city reasonably designated by the Licensee in the case of individual Licensees who procured the PC360 Products or Services provided for by this Agreement primarily for non-commercial personal, family, or household purposes ("Consumer Licensees"), and in Akron, OH or such other place within the United States as the arbitrator may direct in the case of all other Licensees ("Commercial Licensees").

(b) Arbitration of International Disputes. Notwithstanding the provisions of Subsection 22(a) (Arbitration of Domestic Disputes), any dispute arising under this Agreement that involves a dispute between PC360 and a person who is neither a citizen nor a resident of the United States, shall, at either party's request, be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules, with such arbitration to be conducted in Singapore or such other place as the parties to such arbitration may agree.

(c) Exceptions to Agreement to Arbitrate. Notwithstanding the provisions of Subsections 22(a) (Arbitration of Domestic Disputes) and 22(b) (Arbitration of International Disputes), disputes pertaining to i) export controls, ii) unlawful Use of the PC360 Products or Services, or iii) the scope, applicability, or compliance with governmental or court-ordered access to or limits on use of Backup Data, shall not be resolved by arbitration, but shall instead by resolved by reference to a judicial or administrative body with jurisdiction over the dispute.

(d) Costs of Arbitration. The administrative expenses, arbitrator fees, and facility charges associated with the arbitration, whether domestic or international, shall be split equally between the parties; provided that, in cases involving Consumer Licensees, the Consumer Licensee shall not be required to bear such expenses, fees, and charges in excess of One Thousand U.S. Dollars ($1,000), and PC360 shall bear the remainder of such expenses, fees, and charges. Each party shall be solely responsible for its attorney fees, expert witness fees, and other costs, fees, and expenses, except as may otherwise be provided in Section 18 (Indemnification).

(e) Discovery Procedures in Arbitration. The parties shall be entitled to such discovery as is appropriate in the judgment of the arbitrator, in light of the nature and objectives of arbitration and to ensure that each party has an adequate opportunity to determine the factual bases for its claims and defenses.

(f) 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.

(g) Form and Effects of Award. The arbitrator shall render a naked award. Judgment on any arbitral award under this Agreement may be entered in any court of competent jurisdiction. It is the intent of the parties that neither the award nor any resulting judgments have res judicata (claim preclusion) or collateral estoppel (issue preclusion) effects except as between the parties themselves. All other provisions of this Agreement shall be governed by and construed and interpreted in accordance with the internal laws of the Commonwealth of Ohio, USA, without regard to conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply.

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 [email protected]. 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.

Billing Process

Some licenses for PC360 Products or Services are based on the number of computers registered, the volume of storage used, or both, as well as for ancillary or related services. Where your license fees are based in full or in part upon the amount of storage you use, your bill for PC360 Products or Services will be based upon the greater of the storage amount shown on your computer or the storage amount maintained by PC360, excluding the benefits of any data compression, file duplication or similar techniques performed by PC360. The calculation of a storage bill will be based upon the price(s) for the PC360 Products or Service licensed and may be based upon the average storage used during the Subscription Period, the storage as of the end of the Subscription Period, or another storage measure taken during the Subscription Period, depending on which services you have selected at the time of registration or renewal. Should PC360 bill you for your PC360 Product or Service on a monthly or periodic basis you agree that PC360 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.

Managing Your PC360 Product or Service

You acknowledge and agree that where PC360 licenses PC360 Products or Services to an entity or organization, or where an entity or organization makes the PC360 Products or Services available to you, the entity or organization so licensed or giving you access may grant multiple individuals rights related to the management and Use of the PC360 Products or Services and the Backup Data, without any notice to you. These rights may enable one or more persons to: view, access or change Backup Data or Personal Information; determine who can access the account, Backup Data, and Personal Information; determine who is responsible financially for the account; and other similar actions.

PCBackup360 Billing Terms

Updated and Effective as of July 13’th, 2015


Managing Your PC360 Product or Service

(a) Scope of License.
PC360 grants you a non-exclusive, non-transferable limited and revocable license to install the PC360 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 PC360 Products or Services, and to Use the PC360 Products or Services for the sole and exclusive purposes of connecting to and Using the PC360 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 PC360 Products or Services. You may Use a license for the PC360 Products or Services with only one computer at a time unless the PC360 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 PC360 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 PC360 Product or Service description available at www.pcbackup360.com . Should your license for the PC360 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 PC360 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 PC360 Products or Services and you may not redistribute the PC360 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 PC360 that expressly authorizes you to engage in this activity. Without limiting the forgoing, you will not permit others to Use the PC360 Products or Services to access or decrypt data stored on servers provided by PC360 or PC360 Affiliates; you will not Use or permit others to Use the PC360 Products or Services to decrypt data encrypted by others; and you will not Use or permit others to Use the PC360 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 PC360 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, PC360 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, PC360 grants to you a non-exclusive, non-transferable limited license to Use the PC360 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) Service & Pricing.
pcbackup360.com offer three great plans and a range of additional services to suit everyone's needs. pcbackup360.com often offers promotions, coupons and special offers to customers during their initial term. Please note that special offers are limited-time promotional prices that are available to new customers and are valid for the Initial Term only, and not for successive or renewal periods. Service and Pricing can be found at
www.pcbackup360.com/index#price

(d) Renewals.
You agree that PC360 shall have the right to automatically and without notice renew your license to continue to Use the PC360 Products or Services 15 days prior to expiration of your then-current license, and that as part of such renewal PC360 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 PC360 Products or Services to any credit card you used to purchase your then-current license. You agree that if you elect to not permit PC360 the right to automatically renew your license to Use PC360 Products or Services or your credit card information on file with PC360 does not permit automatic renewal, then PC360 may terminate your license if you do not otherwise renew your license.

We will notify you 10 days prior to this charge by email

First month discount promotions.
If you received a discount promotion on your initial months sign up, you agree that PCBackup360 shall have the right to automatically and without notice renew your license at the listed non discounted monthly price. All other terms of service will still apply upon acceptance.

(e) Cancellation of Renewals.
You may cancel a renewal of a license only on the following terms: You may not Use PC360 Products or Services for any unlawful purpose. If your most recent original or renewal license of PC360 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 PC360 Products or Services. If you elect to discontinue your Use of PC360 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 PC360 Products or Services was for a period of greater than 30 days and less than 6 months, and you're beyond your original or renewal 30 days of that period, you shall be entitled to a pro-rate refund. In addition all sales are final and not subject to a refund for the following products, priority support, additional support, increased bandwidth and other additional products that may be offered from time to time by PC360. That do not fall within the initial package purchased by you. All extras concerned are one time purchases for the period you selected and the Priority Support service, will not be eligible for a refund. in addition all sales are final and not subject to a refund for the following products: Should you fail to pay amounts invoiced and due within fifteen (15) days of being invoiced, or should your payment be otherwise rejected or denied, then PC360 may at its sole discretion begin collection proceedings to recover any and all amounts due. Should PC360 elect to refer your past due obligations for collection proceedings you will also become responsible for any costs associated with said collections and shall pay PC360 the greater of the then permissible interest rate on the past due balance or 1.5er month calculated and due on a monthly basis. You are responsible for ensuring that PC360 has current and accurate records necessary, to renew your license, including without limitation, credit card data.

(f) Turn off Auto-Renewal
You can simply turn off your auto-renewal within your account preferences or by contacting support.

(g) Early Termination Fee
We will apply a termination charge if you stop your service when still within your contract term. When you sign up for a minimum term service, the costs of that service are spread across the term period, for example over 6 months, 1 year. Discounts and any fees are also included in the agreed service costs. Early Termination charges are applied to recover the costs of the service provided to you over the minimum contract period.
Our Prices:
Your Early Termination Fee will be $14.95 for failure to complete your contract term.

What are Early Termination charges?:
Often, customers that order services from us agree to take those services for a minimum period (usually 6/12/24 months). Sometimes customers will choose to give up a service within this minimum period. If they do, we will usually charge them for doing so.

Exemptions:
The exceptions when we will not raise Early Termination charges are listed below:

  • All monthly plans are void of any terminations fees as their contracts are on month-month contracts.
  • Product migration: migration of an existing product or service up the value chain to a higher value product for the same or longer contract period.
  • Temporary service: termination of a pre-agreed temporary service.
  • Account's where the termination is within (30) Thirty days from the date of order.
  • If the resulting refund is less than $14.95 the refund will not be issued but no further charges for the remaining will be charged.
Why wasn't I told about the charge?
When you ordered the product with us, the prices and terms and conditions of service would have been explained. Re-confirmation of length of contract, and our terms and conditions would have been shown as a confirmation box on the order form. We also highlight the length of term in all of our product descriptions.

(f) Updates.
PC360 may in its sole discretion provide automatic updates to the PC360 Products or Services. These updates may not be consistent across all platforms and computers; and the performance and features offered by PC360 may vary depending on your computer and other equipment. You agree that we may automatically check your version of the PC360 Software and automatically update the PC360 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 PC360 Software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.

(g) Refunds.
By purchasing a license, you acknowledge that you are aware of the opportunity to "try before you buy" by using a free or evaluation PCBackup360 Product or Service. PCBackup360 offers a pro-rated 30-day money back guarantee for PCBackup360 Products or Services. By purchasing any service with a setup fee you acknowledge that the setup fee is non-refundable where 'setup fee' is indicated in the plan or plan name.

(i) 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 PC360 Products or Services or when you first agree to the PC360 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 PC360 for customer support.

(j) VAT
VAT (Value Added Tax) is a tax on consumer spending within the territory of an European Member (E.U.) State. VAT is not included in prices displayed on PC360 site. When applicable, VAT is charged separately and will be itemized on invoices and billing information.

Who may be charged VAT

PC360 is required to comply with the European VAT (Value Added Tax) regulations and charge VAT to customers located in the E.U. Customers categorized as Business users in the E.U. may be required to self-account for VAT under EC Directive 2006/112, Art 196, using the reverse charge mechanism. NOTE: If your account accrued charges BEFORE you supplied the necessary information to PC360, VAT will be charged on all purchases prior to the change. If you are not familiar with the VAT self-accounting rules in your country, please contact your accountant or professional adviser for more information.

(k) Exchange Rates
The prices quoted on the full website are Great British Pounds (£), Australian Dollars ($), United Stated Dollars ($), Canadian Dollars ($) and Euros (€) only. If you purchase with a currency outside of these you will be billed in United States Dollars and we (PC360), are not responsible for the exchange rate on the day of purchase and you are advised that changes to your purchase or refunds may be affected by such exchange rate.

We are not liable for the difference due to the changing exchange rate

PCBackup360 DMCA Notice

Updated and Effective as of July 13’th, 2015


Copyright Infringement Notification

As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding files hosted by PCBackup360: [email protected]. If you believe content hosted by PCBackup360 infringes a copyright, please provide the following information to the person identified above (17 U.S.C. 512):

  1. A physical or electronic signature of the copyright owner or authorized agent;
  2. Identification of the copyrighted work(s) claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
  5. A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

PCBackup360 Abuse Policy

Updated and Effective as of July 13’th, 2015


Prohibited Content

PCBackup360 strictly forbids the backing up, storing, and sharing of any prohibited content. Prohibited content includes, but is not limited to:

  1. Child exploitation
  2. Illegal content
  3. Copyright infringing content
  4. Pornographic content
PCBackup360 enforces content recognition and filtering and a manual review of files backed up and stored.

Takedown Policy

PCBackup360 enforces a strict Takedown policy. PCBackup360 reserves the right to remove, delete and terminate any account where files have been identified to have breach our terms.

If any account that has been proven to have breached our terms the account will automatically lock and all stored data deleted within 8 hours, any evidence will be forwarded to the correct authorities.

The users, Name, Address, IP Address, Computer Motherboard Serial Number, Hard Drive Serial Number and Mac Address will be added to a Black List. The said Black List enforces than any entities on the list are prevented from using the PCBackup360 service.

All cases where PCBackup360 has used its Takedown Policy where it deems that, Child exploitation has been uploaded will immediately report the account holder to the relevant authorities such as the National Center for Missing & Exploited Children's ("NCMEC") "CyberTipline.", and judicial law enforcement.

Law Enforcement Response, PCBackup360 will cooperate with all law enforcement requests and any court order including subpoenas, search warrants, discovery orders and any other valid court order. PCBackup360 will provide any merchants such as Visa, Mastercard, Amex and PayPal with its written policy concerning response to contact from law enforcement agencies regarding prohibited content stored or distributed through its service.

(If you spot any prohibited content please report this immediately to [email protected])

PCBackup360 Acceptable Use

Updated and Effective as of July 13’th, 2015


You may not Use PCBackup360 Products or Services for any unlawful purpose. Without limiting the foregoing:

PCBackup360 Products or Services may not be Used to store, backup, or distribute child pornography and may not be Used in violation of U.S. export control laws or the export or import regulations of other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import as may be required.

You may not Use PCBackup360 Products or Services if you are a citizen, national, or resident of, or are under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, Iraq, Morocco, Nigeria, Tunisia, Pakistan, Algeria, Afghanistan, Saudi Arabia, or any other country to which the United States has prohibited export. Each time you use PCBackup360 Products or Services you represent, warrant, and covenant that: (i) You are not a citizen, national, or resident of, nor under the control of, any such country to which the United States has prohibited export; (ii) You will not download or otherwise export or re-export the PCBackup360 Software, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries; (iii) You are not listed on the U.S. Department of Treasury's Lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, the U.S. Department of State's List of Statutorily Debarred Parties, or the U.S. Department of Commerce's Denied Persons List, Entity List, or Unverified List Table of Denial Orders; (iv) You will not download or otherwise export or re-export the PCBackup360 Software, directly or indirectly, to persons on the above mentioned lists; (v) You will neither use nor allow the PCBackup360 Software to be Used for, any purposes prohibited by United States federal or state law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction; (vi) The PCBackup360 Software will not be exported, directly, or indirectly, in violation of these laws, nor will the PCBackup360 Products or Services be Used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation; and (vii) You are not using or permitting others to Use PCBackup360 Products or Services to create, store, backup, distribute, or provide access to child pornography. PCBackup360 also unreservedly prohibits the use of its sharing platform for unlawful distribution of products and services irrespective of copyrighted status. PCBackup360 will not tolerate the use of any of its products or service being utilized to assist piracy or servicing torrent download websites.

PCBackup360 SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF PCBackup360 PRODUCTS OR SERVICES TO USERS WHO ARE DEEMED BY PCBackup360 TO BE USING THE PCBackup360 PRODUCTS OR SERVICES IN A MANNER NOT REASONABLY INTENDED BY PCBackup360 OR IN VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A USER'S ACCOUNT WITH PCBackup360 AND THE LICENSE TO USE THE PCBackup360 PRODUCTS OR SERVICES. PCBackup360 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 PCBackup360 Product or Service that is inappropriate for your actual usage, PCBackup360 may require you to switch to an appropriate PCBackup360 Product or Service which may result in your having to pay PCBackup360 additional fees for use of the appropriate product or to terminate your purchased PCBackup360 Products or Services and refund, on a prorated basis, any fees paid you may have paid on the unused portion of your PCBackup360 subscription. PCBackup360 may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of PCBackup360 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 PCBackup360 Products or Services may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of PCBackup360'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 PCBackup360 Product or Service that will permit you to continue to use PCBackup360 Products or Services. Although violations of this policy have been Infrequent, we reserve the right to terminate or suspend your license to Use PCBackup360 Products or Services and any license to use the PCBackup360 Software, without prior notice in the event of a violation of this policy.

PCBackup360 EULA - End User License Agreement

Updated and Effective as of July 13’th, 2015


IMPORTANT-READ CAREFULLY: This PCBackup360 ("PCBackup360") License Agreement ("License" or "Agreement") is a legal agreement between You (either an individual or an entity, who will be referred to in this License as "You" or "Your") and PCBackup360 Ltd for the use of desktop, laptop, and mobile device software applications, and which may include associated media, printed materials, and other components and software modules including but not limited to drivers ("Product"). The Product also includes any software updates and upgrades that PCBackup360 Ltd may provide to You or make available to You, or that You obtain after the date You obtain Your initial copy of the Product, to the extent that such items are not accompanied by a separate license agreement or terms of use. BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS PCBackup360 LTD LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT YOU HAVE NO RIGHTS TO THE PRODUCT AND SHOULD NOT INSTALL, COPY, DOWNLOAD, ACCESS OR USE THE PRODUCT.

The Product is protected by copyright laws as well as other intellectual property laws. The Product is licensed and not sold.

GRANT OF LICENSE. PCBackup360 Ltd grants You a non-exclusive, nontransferable license to install and use the Product subject to all the terms and conditions set forth here within.

  1. Single-Use Perpetual License. You may permit a single authorized end user to install the Product on a single computer for use by that end user only. Remote access is not permitted without the express written consent of PCBackup360 Ltd.
  2. Single-Use Term License. Same usage terms as the Single-Use Perpetual License except that the term of the license is limited to a fixed duration upon expiration of which the Product must be de-installed from the computer unless the license is renewed for an additional period of time.
  3. You may ask PCBackup360 for permission to have business or reseller use and distribution of PCBackup360 software and control panel.

After You receive written permission from PCBackup360 in an e-mail or letter, then 1.1 and 1.2 above do not apply.

ADDITIONAL LIMITATIONS

You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, lend or transfer the Product, or host the Product for third parties. The Product is licensed as a single integral product; its component parts may not be separated for use on more than one computer. The Product may include copy protection technology to prevent the unauthorized copying of the Product or may require original media for use of the Product on the computer. It is illegal to make unauthorized copies of the Product or to circumvent any copy protection technology included in the Product. The software may not be resold either by You or a third party customer without the prior written permission of PCBackup360 Ltd. All rights not expressly granted to You are retained by PCBackup360 Ltd.

Third Party Software. The Product may contain third party software that PCBackup360 Ltd can grant sublicense to use and which is also protected by copyright law and other applicable laws.

SUPPORT AND MAINTENANCE TERMS AND CONDITIONS

  1. Term of Maintenance. PCBackup360 Ltd agrees to provide Maintenance (as defined herein) to You pursuant to the terms and conditions set forth herein provided that You pay the Maintenance Fee for each Product for which Maintenance is desired and as further described in Section 3.4 below. Maintenance will be provided for a period of one year, unless otherwise agreed to by the parties in writing, from the date of purchase of the Product (the "Initial Support and Maintenance Term"), and with renewals, annually from the expiration date of the prior Support and Maintenance Term. Failure to renew annual maintenance may result in You having to purchase a new license in order to receive future versions of software and associated ongoing support and maintenance.
  2. Maintenance Services. In exchange for the Maintenance Fee, PCBackup360 Ltd agrees to provide to You during the term of this Agreement support and maintenance (collectively "Maintenance") as follows:
  3. I. Support: PCBackup360 Ltd will provide email and telephone support to You for current versions of the Product. PCBackup360 Ltd will investigate all of Your questions and problems promptly. You agree to provide adequate information to PCBackup360 Ltd to assist in the investigation and to confirm that any problems have been resolved. PCBackup360 Ltd does not provide guaranteed response time but will make good faith effort to answer emails and voice mails within twenty-four (24) hours or less during weekdays, excluding holidays.

    II. Maintenance: PCBackup360 Ltd will supply to You, at no additional charge, any improvements, upgrades, or modifications to the Product that PCBackup360 Ltd makes generally available. Any such improvements, upgrades, or modifications shall become part of the Product for all purposes of this Agreement.

    III. You acknowledge and agree that the Maintenance to be provided by PCBackup360 Ltd hereunder is limited to the most current version of the Product and the immediately preceding version.

  4. Exclusions. PCBackup360 Ltd' obligation to provide Support is contingent upon proper use of the Product and full compliance with this Agreement. Moreover, PCBackup360 Ltd shall be under no obligation to provide Support should such services be required due to (a) failure to operate the Product within the systems requirements provided for the Product (b) any modification or attempted modification of the Product by You or any third party or (C) Your failure or refusal to implement Product changes recommended by PCBackup360 Ltd.
  5. Consideration. In payment of the Maintenance services to be provided by PCBackup360 Ltd hereunder, You shall pay PCBackup360 Ltd, or its authorized agent, the applicable fee for the Initial Support and Maintenance Term as indicated on the related invoice, receipt, purchase order, or other ordering document ("Maintenance Fee"). At the end of the Initial Support and Maintenance Term, or any subsequent Support and Maintenance Term, You may renew participation in Maintenance services for additional annual term(s) provided You (a) are current on all payments due to PCBackup360 Ltd and (b) pay PCBackup360 Ltd, or its authorized agent, the applicable renewal fee, which PCBackup360 Ltd, or its authorized agent, shall invoice prior to the end of the preceding term, unless terminated by You at least 30 days prior to the expiration of the then current Support and Maintenance Term. The Maintenance Fee for renewal shall be equal to the Maintenance Fee for the immediate preceding annual term plus an increase by a percentage not to exceed the Consumer Price Index (CPI), as published by the U.S. Department of Labor. In addition, Maintenance shall be discontinued for any and all subsequent Support and Maintenance Terms for which You fail to pay PCBackup360 Ltd the invoice within ten (10) days after the prior Maintenance expiration date.
  6. Exceptions. For use of the free PCBackup360 software trial only the Maintenance Services and Exclusions paragraphs of this section apply.

PAYMENT TERMS

Unless explicitly set forth in this Agreement, all fees and other amounts due under this Agreement are non-cancellable and non-refundable. Unless otherwise agreed to by the parties, You shall pay all fees or amounts within 30 days of the date of the invoice. A late fee shall be charged on any overdue amounts and any other fees and expenses not paid as provided under this Agreement at the rate of one and one-half percent (1½) per month, or the highest rate allowable under applicable law, whichever is less, commencing with the date payment was due.

PAYMENT TERMS

Unless explicitly set forth in this Agreement, all fees and other amounts due under this Agreement are non-cancellable and non-refundable. Unless otherwise agreed to by the parties, You shall pay all fees or amounts within 30 days of the date of the invoice. A late fee shall be charged on any overdue amounts and any other fees and expenses not paid as provided under this Agreement at the rate of one and one-half percent (1½) per month, or the highest rate allowable under applicable law, whichever is less, commencing with the date payment was due.

TAXES

The fees and all other amounts due as set forth in this Agreement are net amounts to be received by PCBackup360 Ltd, exclusive of all taxes, duties, and assessments, including without limitation all sales, withholding, VAT, excise, ad valorem, and use taxes (collectively, the "Taxes"), and are not subject to offset or reduction because of any Taxes incurred by You or otherwise due as a result of this Agreement. You shall be responsible for and shall pay directly, any and all Taxes relating to the performance of this Agreement, provided that this paragraph shall not apply to taxes based solely on PCBackup360 Ltd' income.

CONSENT TO USE OF DATA

If PCBackup360 Ltd provides any support services to You, You agree that PCBackup360 Ltd and its affiliates may collect and use all information You provide as a part of any such support services related to the Product. PCBackup360 Ltd agrees not to use this information in a form that personally identifies You.

INTELLECTUAL PROPERTY RIGHTS

Subject to the license grant hereunder, all right, title and interest in and to the Product, the accompanying printed materials, and any copies of the Product are owned by PCBackup360 Ltd and its licensors.

EXPORT RESTRICTIONS

You acknowledge that Product is of UK. origin. You agree to comply with all applicable UK, foreign, and local laws and regulations governing Your use of the Product.

WARRANTY

  1. Warranty. PCBackup360 Ltd warrants that for a period of 90 days from the date of delivery ("Warranty Period"), under normal use, the Product will perform substantially in conformance with the specifications published in the Documentation. During such period, and as the sole obligation of PCBackup360 Ltd and Your sole remedy under the warranty in this Section, if You provide written notice of PCBackup360 Ltd's failure to comply with the above warranty, PCBackup360 Ltd will use reasonable commercial efforts to correct such nonconformity in the Product as in accordance with the terms of the Maintenance and Support Policy. In addition, if PCBackup360 Ltd determines it is not commercially reasonable to correct the nonconformity, PCBackup360 Ltd may elect to terminate the license to such Product, upon which termination Licensee will promptly return to PCBackup360 Ltd all such copies of such Product. Upon receipt of the Product from Licensee, PCBackup360 Ltd will return to Licensee all license fees (and any unused support fees) paid to PCBackup360 Ltd by You for such Product. This warranty set forth above does not apply to, and PCBackup360 Ltd shall have no obligation with respect to, any non-conformity arising as a result of (i) use of the Product other than as specified under this Agreement and the related Documentation; (ii) any modification or alteration of the Product performed other than by PCBackup360 Ltd or its agents, or (iii) transfer of the Product to any computer system other than the ones on which Product is authorized to be stalled, except as permitted in this Agreement.
  2. Disclaimer. Other than the warranty set forth in Section 9.1 above, and to the maximum extent permitted by applicable law, PCBackup360 Ltd, its authorized resellers and their subsidiaries provides the Product and any support services related to the Product ("Support Services") AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services.

LIMIT OF LIABILITY AND EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PCBackup360 LTD, ITS AUTHORIZED RESELLERS OR THEIR SUBSIDIARIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF PCBackup360 LTD, EVEN IF PCBackup360 LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that You might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of PCBackup360 Ltd, its resellers and their subsidiaries under any provision of this License and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Product. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

NOTICE TO U.S. GOVERNMENT END USERS

  1. For contracts with agencies of the Department of Defense, the Government's rights in: (1) commercial computer software and commercial computer software documentation shall be governed, pursuant to 48 C.F.R. 227.7201 through 227.7202-4, by PCBackup360 Ltd' standard commercial license(s) for the respective product(s); (2) software and software documentation other than commercial computer software and commercial computer software documentation shall be governed by 48 C.F.R. 252.227-7014; (3) technical data for commercial items other than software or software documentation shall be governed by 48 C.F.R. 252.227-7015(b); and (4) technical data for non-commercial items other than software or software documentation shall be governed by 48 C.F.R. 252.227-7013.
  2. For contracts with U.S. Government agencies other than the Department of Defense agencies, the Government's rights in: (1) commercial computer software and commercial computer software documentation shall be governed, pursuant to 48 C.F.R. 2.101 and 12.212, by PCBackup360 Ltd' standard commercial license(s) for the respective product(s); (2) software and software documentation other than commercial computer software and commercial computer software documentation shall be governed by 48 C.F.R. 52.227-14, Alternative III; and (3) technical data other than software and software documentation shall be governed by 48 C.F.R. 52.227-14 including, where applicable Alternatives I or II.

COMPLIANCE WITH LICENSES

If You are a business, company or organization, You agree that upon request from PCBackup360 Ltd or its authorized representative You will within thirty (30) days fully document and certify that use of any and all PCBackup360 Ltd Products at the time of the request is in conformity with Your valid licenses from PCBackup360 Ltd.

GENERAL

This Agreement will be governed by and construed in accordance with the laws of the State of California excluding that body of laws known as conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in San Jose, California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You may not assign this Agreement or any right or interest hereunder, by operation of law or otherwise, without PCBackup360 Ltd' express prior written consent. Any attempt to assign this Agreement, without such consent, will be null and of no effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight delivery services, or by certified mail, and in each instance will be deemed given upon receipt. All notices or approvals will be sent to the addresses set forth in the applicable ordering document or invoice or to such other address as may be specified by either party to the other in accordance with this Section. Neither party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy or supplies, war, terrorism, riot, or acts of God. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. This Agreement, including PCBackup360 Ltd' support and maintenance services terms constitutes the entire and exclusive agreement between the parties concerning its subject matter and supersedes all prior written and oral understandings and agreements between the parties regarding its subject matter. The terms and conditions contained in any customer purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by PCBackup360 Ltd and will be deemed null and of no effect.