This online service, Backup Report (herein after, the Service) provides its service to you, subject to the following Terms of Service ('TOS'). The TOS may be updated or modified by us from time to time without notice to you. When you access, browse or use this Site, you accept without limitation or qualification, the following TOS.
The Service is to provide its users with regular backup services for their web sites and databases and to communicate to their web sites' visitors that this service is being provided.
The Service provides solely the backup services and related communications, and other relevent functions to site visitors. The data and the information of the data stored in Service are the user's property. The Service does not and will not have any sort of involvement in the data or in the information stored in the user web sites and databases. The Service remains completely irrelevant to any sort of consequences arouse from the users' activities.
The access to the data by the provider or by the operators of the Service is limited to when the access is required for solving the problems claimed by the users or to when the access is required based on the requests from the authorities or when the access is required to monitor this site to identify and respond to any violation of the TOS.
As a nature of service using remote servers unexpected occurrence may happen and may lead to the loss of the data and/or the information, the loss of the user's access to the data and/or the information, the data theft, or any inconvenient situation for the user. It's solely the user's responsibility to back up the data and the information saved in the Service. The Service will not take any responsibility nor have any obligation for the user's loss arouse from the use of Service.
You understand and agree that the Service may provide certain communications, such as service announcements, administrative messages, and that these communications are considered part of the service provided to the users and you will not be able to opt out of receiving them once you sign up as a user of the Service.
You understand and agree that the Service is provided 'AS-IS' and that the Service assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications.
To use the Service, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other Internet access device.
You can use the Service only for legitimate purpose of having your site and databases regularly backed up and showing site visitors that this is the case.
(1) Restrictions to use for unlawful purposes
You agree not to use the Service for any unlawful purpose.
(2) Restriction to store and handle illegitimately possessed data
You agree not to use the Service to store and handle data you illegitimately possess or you illegitimately acquired.
(3) Restriction to breach this website's copyright
All content included in this website, including but not limited to any text, graphics, images, logos, buttons (correctively, 'the Materials') is the property of the copyright holder of the Service.
You agree not to distribute, exchange, modify, reproduce, perform, sell or transmit any or any part of the website. You agree not to frame or utilize framing techniques to enclose any portion of this Site or any of the Materials without express written consent of the copyright holder of this website.
You agree not to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials downloaded from or made available through this website.
(4) Risks of Using Remote Servers and User's Responsibility
When you use the Service, you handle your data in remote servers. As a nature of service using remote servers unexpected occurrence may happen and may lead to the loss of the data and/or the information, the loss of the user's access to the data and/or the information, the data theft, or any inconvenient situation for the user. The Service provides its service only when you agree with the following terms.
(1) You agree you are aware there are the following risks when you save and handle your data in remote servers via internet. You agree it's solely your responsibility for the loss arouse from these risks.
* Your data can be lost due to unexpected occurrence.
* Your data and the information you saved in this service can be stolen by a hacker, someone who may acquire your sign-in information or someone who may access the server without legitimate permission.
* You may lose access to the data and the information you saved in this service when you lose or forget the information necessary for retrieving the access or due to unexpected occurrence.
(2) You agree the service will not retrieve the lost data nor the lost information saved in the Service in any case. You agree it's solely your responsibility to back up the data and the information you saved in this service.
(3) You agree you will not claim any compensation nor any warranty in any case for the loss arouse from the use of this service.
THESE TERMS ARE ESSENTIAL ELEMENTS OF THIS TOS, WITHOUT WHICH THE SERVICE WOULD NOT PERMIT YOU TO USE THE SERVICE.
The Service reserves the right to monitor this site to identify and respond to any violation of the TOS. The Service reserves the right to terminate your membership at the Service's sole discretion when your use of this site is regarded as violating the TOS.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER THE SERVICE, ITS SUPPLIERS, ITS LICENCERS, ITS OPERATORS, ITS AFFILIATES OR PARTNERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE SITE.
THE SERVICE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THESE DISCLAIMERS OF WARRANTIES ARE ESSENTIAL ELEMENTS OF THE TOS, WITHOUT WHICH THE SERVICE WOULD NOT PERMIT YOU TO USE THE SERVICE.
UNDER NO CIRCUMSTANCES SHALL THE SERVICE, ITS SUPPLIERS, OPERATORS, LICENSORS, SUBSIDIARIES, AFFILIATES, OR THE EMPLOYEES, CONTRACTORS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING (collectively, the 'The Service Affiliates') BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEY FEES) THAT RESULT FROM, OR ARISE OUT OF, THE USE OF, OR INABILITY TO USE, THE SERVICE.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE SERVICE AFFILIATE(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE SERVICE AFFILIATES' CUMULATIVE LIABILITY, RESULTING FROM OR ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICE, EXCEED THE AMOUNT PAID BY YOU OR ON YOUR BEHALF FOR USING THIS SITE FOR THE ONE MONTH PERIOD PRECEDING THE DATE YOUR CLAIM AROSE.
THESE LIMITATIONS ARE ESSENTIAL ELEMENTS OF THIS TOS, WITHOUT WHICH THE SERVICE WOULD NOT PERMIT YOU TO USE THE SERVICE.
You agree to defend, indemnify, and hold the the Service Affiliates harmless from all liabilities, claims, demands, judgments, and expenses, including attorney fees and costs that arise from your use of this site or violation of the TOS.
You agree to pay all fees and charges specified when you become a user of The Service, including any recurring and nonrecurring charges, taxes, fees and assessments applicable to the Service. The credit card that you provide as part of your registration information will automatically be charged the specified fee on the date that you become a user.
Upon any reason including cancellation or termination of your membership, you will not receive a refund for charges or fees associated with The Service membership.
You agree that The Service may, under certain circumstances and without prior notice, immediately terminate or suspend your membership to use the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) your violation or attempted violation of law or the rights of others, (d) your disclosure of your user name, password, other information or other use of your account to enable access to the Service for anyone other than yourself, (e) a request by you (self-initiated account deletions), (f) discontinuance or material modification to the Service (or any part thereof), (g) unexpected technical issues or problems, (h) extended periods of inactivity, and (i) invalidity of your credit or charge card for any reason. Termination of your membership includes (a) removal of access to all the Service associated with The Service membership. (b) deletion of your user name and password and all related information, data associated with your membership (or any part thereof), and (c) barring further use of the Service. Further, you agree that all suspensions and terminations for cause shall be made at The Service's sole discretion and that the Service affiliates shall not be liable to you or any third-party for any fees paid in connection with or damages that may result or arise out of suspension or termination of your membership.
You agree not to reproduce, duplicate, copy, sell, transfer, resell or exploit for any commercial purposes, your membership in the Service, any portion of the Service, use of the Service, or access to the Service.
The Service reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its service (or any part thereof) with or without notice. You agree that the Service shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You understand and agree that the Service may include advertisements and that these advertisements are necessary for the Service to provide its service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Service shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
This TOS between you and the Service constitutes the entire agreement between you and the Service and governs your use of the Service.