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Online Backup Vault is your # 1 Source for Online Secure Remote Offsite
Worry Free Backup
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Welcome to OnlineBackupVault.com! By using OnlineBackupVault.com’s products, services
or web sites (”OnlineBackupVault.com services”), you agree to the following terms
and conditions, and any policies, guidelines or amendments thereto that may be presented
to you from time to time (collectively, the “terms of service”). OnlineBackupVault.com,
llc reserves the right to update and change the terms of service from time to time
without notice. We have a single simple goal - to provide the best possible online
data backup service in the industry.
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Use of services
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OnlineBackupVault.com, LLC, (”OnlineBackupVault.com”) (also referred to as OBV)
offer services to you, provided that you are of legal age to form a binding contract
and are not a person barred from receiving services under the laws of the united
states or other applicable jurisdiction. In order to access certain services, you
are required to provide current, accurate identification, contact, and other information
as part of the registration process and/or continued use of OnlineBackupVault.com
services. You are responsible for maintaining the confidentiality of your account
password, and are responsible for all activities that occur under your account.
You agree to immediately notify OnlineBackupVault.com of any unauthorized use of
your password or account or any other breach of security. OnlineBackupVault.com
cannot and will not be liable for any loss or damage arising from your failure to
provide us with accurate information or to keep your password secure.
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Data encryption
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Encryption keys help ensure data privacy. By default your encryption password is
your account password. Our staff can assist you in retrieving your default account
password. Certain privacy laws require that you change your encryption password
when utilizing a system such as ours. If you do change your encryption key once
a backup set is created, you must delete the previous backup job and rerun the full
backup. Please note, to ensure security, there is no way for us to retrieve a custom
encryption key (a key modified from the default account password). You should mark
down your passwords in a safe, secure location that you create. Encryption keys/passwords
may be case sensitive. For more info regarding security please see our whitepapers
and FAQ sections.
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Appropriate conduct
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You agree that you are responsible for establishing and maintaining you own account.
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages, files, attachments or other materials (”content”) are
the sole responsibility of the account from which such content originated. OnlineBackupVault.com
reserves the right, but does not assume the responsibility, to monitor or review
any content on OnlineBackupVault.com services. You agree that you are responsible
for the conduct of all users of your account and any content that is created, transmitted,
stored, or displayed by, from, or within your account while using OnlineBackupVault.com
services and for any consequences thereof. You agree to use OnlineBackupVault.com
services only for purposes that are legal, proper and in accordance with the terms
of service and any applicable policies or guidelines. You agree that you will not
engage in any activity that interferes with or disrupts OnlineBackupVault.com services
or servers or networks connected to OnlineBackupVault.com services.
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Charges and billing
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You agree that OnlineBackupVault.com shall be permitted to charge your credit card
on a monthly/quarterly/annual basis in advance of providing its services, for your
subscription fee, any applicable sales taxes, and any other charges you may incur
in connection with your use of OnlineBackupVault.com services. The subscription
fee will be billed in full on the first day of your paid subscription and on each
monthly anniversary thereafter, unless and until you cancel your subscription. If
your billing date lands on a day not contained in a given month, you will be billed
on the last day of that month. OnlineBackupVault.com is not responsible for any
additional bank fees, interest charges, finance charges, over draft charges, or
other fees resulting from charges billed by OnlineBackupVault.com. Currency exchange
settlements will be based on agreements between you and the provider of your credit
card. In addition, we do not give pro-rated refunds for unused time if cancellation
is initiated during the middle of a billing cycle. We also reserve the right to
change our fees, but we will notify you in advance if we do so. If there is a specific
duration and price for your current services, then that price will remain in effect
for such duration, but continued use of OnlineBackupVault.com services thereafter
will be at the new price.
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Refund
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All charges are non-refundable unless expressly stated otherwise, or otherwise provided
by applicable law. The costs of any returns if permitted will be at your expense,
unless otherwise provided by applicable law.
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No resale of service
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You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of OnlineBackupVault.com services, use of OnlineBackupVault.com
services, or access to OnlineBackupVault.com services unless you are an approved
OnlineBackupVault.com reseller.
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Suspension termination
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OnlineBackupVault.com may terminate or suspend your access to OnlineBackupVault.com
services at any time and for any reason without notice. Upon termination or suspension,
your right to use the service will stop right away. You may not have access to data
that you stored on the service after we suspend or terminate the service. If we
cancel your service in its entirety without cause, we will refund to you on a pro-rata
basis the amount of your payment corresponding to the portion of your service remaining
right before we terminated your service. You may terminate the service at any time
by following the instructions in the customer account area. As soon as you cancel
the service, your right to use it stops right away. You may not have access to data
that you stored on the service after you terminate the service. You are responsible
for backing-up your data that you use with the service. Termination of the service
by you will not alter your obligations to pay all charges due to OnlineBackupVault.com.
Sections “indemnity”, “disclaimer of warranties”, “limitation of liability”, “exclusions
and limitations”, “no third party beneficiaries”, “notice”, “general information”
of this agreement survive its termination for any reason.
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Intellectual property right; copyright policy
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You acknowledge that OnlineBackupVault.com owns all right, title and interest in
and to the OnlineBackupVault.com services, including without limitation all intellectual
property rights (the “OnlineBackupVault.com rights”), and such OnlineBackupVault.com
rights are protected by u.s. and international intellectual property laws. The OnlineBackupVault.com
rights include rights to: (a) the OnlineBackupVault.com services developed and provided
by OnlineBackupVault.com and all trademarks and other intellectual property associated
therewith; and (b) all software associated with the OnlineBackupVault.com services.
You agree that you will not copy, reproduce, alter, modify, or create derivative
works from the OnlineBackupVault.com services or any content placed on the OnlineBackupVault.com
services by OnlineBackupVault.com.
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Indemnity
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You agree to hold harmless and indemnify OnlineBackupVault.com, and its affiliates,
officers, agents, and employees, advertisers or partners, from and against any third
party claim arising from or in any way related to your use of OnlineBackupVault.com
services, violation of this terms of service or any other actions connected with
use of OnlineBackupVault.com services, including any liability or expense arising
from all claims, losses, damages (actual and consequential), suits, judgments, litigation
costs and attorneys’ fees, of every kind and nature. In such a case, OnlineBackupVault.com
will provide you with written notice of such claim, suit or action.
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Agreement to use of OnlineBackupVault.com site & software
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By installing and or using OnlineBackupVault.com, you-the customer/client/end-user,
agree to the terms that employees, agents, affiliates and owners of OnlineBackupVault.com
(llc) as well as the company itself OnlineBackupVault.com llc, and or OnlineBackupVault.com
llc cannot and will not be held liable for any loss of data and /or damage caused
directly or indirectly by OnlineBackupVault.com including but not limited to the
improper or proper setup or usage of the software and or website. This includes
the actual data and or financial loss due to data loss.
OnlineBackupVault.com, its employees/agents/affiliates/technicians may assist you
with free (no charge) or for fee install and setup, and or log monitoring service,
however it is the clients (computer user/end user/business/home user/ person responsible
for backup) responsibility to ensure that the install and backup jobs are setup
correctly, correct files (files that need to be backed up) are selected for backup,
and to ensure that ongoing backup jobs are running correctly & properly. OnlineBackupVault.com
(the company and or its agents/affiliates/technicians) cannot and will not take
responsibility for selections made using our software and or ongoing backups or
ensure that ongoing backups will be successful. All reports are for informational
purposed and not are not legal documents.
OnlineBackupVault.com provides an external supplemental backup service and does
not guarantee nor take responsibility for users' data or data backup. OnlineBackupVault.com
sends backup reports based on the results the software sees fit, however these reports
are not legal binding documents, and not guaranteed to be error free. Quotas are
set in megabytes (a megabyte equals roughly 1024k) or multiples thereof (example
gigabyte/terabytes etc). Reports stating “quota exceeded. Backup stopped “ notifies
the client that more data is attempting to be backed up than allocated/purchased.
Once receiving this message the backup will not continue to run until data is cleared
up/ and or a larger storage plan is purchased. OnlineBackupVault.com strongly suggests
routine "fire drills" to test out your backup procedure/backups and ensure that
all is working properly and that you can restore your data successfully. While OnlineBackupVault.com
does plan to be the premier backup service, uninterrupted service and or the availability
of the end users data cannot be guaranteed under any circumstance.
Software Updates.
OnlineBackupVault.com updates the software on a regular basis and at times sends
out auto updates. Certain updates are required by OnlineBackupVault.com and backups
(application or actual backup) will not run until those updates are installed.
Status Of Backup Jobs.
It is the client’s/reseller’s responsibility to ensure that backups are running.
OnlineBackupVault.com does not monitor backup job status(s) and under no circumstance
is liable for scheduled jobs not running as scheduled. OnlineBackupVault.com will
do all reasonably possible to assist the client once contacted for assistance.
OnlineBackupVault.com privacy policy helps keeps your data secure, when using the
optional encryption key even the CTO of OnlineBackupVault.com does not have access
to your data. If a user decides not to use encryption key, the data regardless falls
under our strict privacy policy and will never be accessed by us, without written
permission from the client.
OnlineBackupVault.com automatically renews your service at the completion of the
cycle period selected when signing up. OnlineBackupVault.com will auto renew based
on the plan selection (monthly\quarterly\annually) that you selected initially and
charge/bill you according to your initial payment selection. OnlineBackupVault.com
will email you a copy of the invoice, you may cancel the service up to 7 days into
a cycle for a full refund for that cycle period. Testimonials on all the pages of
onlinebackvault.com are true reflections of real users who have used our software
and/or our site, pictures/text/quotes may be edited or substituted as OnlineBackupVault.com
sees fit. Users have the ability to add testimonials; however OnlineBackupVault.com
has the right to decide whether or not to post any material it sees fit on the web
page(s) and or edit the post.
Free remote setup & installation is only available for microsoft windows based computers.
It is the users (you-client) responsibility to make sure that all files that you
want selected for back up are selected and backed up. There is no way for OBV technicians
to know where users save their files so we cannot ensure that all files needed are
selected. The free setup & installation option is there to teach the client, end
user how to setup, select files and maintain software for the future.
Local Backup.
The "Local Backup" option is a convenience feature in our software, enabling the local backup and restore of files. This is a "convenience feature" it should NOT be relied on as a primary backup. In addition please note that due to many variables the backup/failure reports for the local backup are for informational and guidance purposes only, the data is not sitting on our servers but rather on your local device therefore we can not verify the integrity of these backups and these reports may not be accurate. By using the "local backup" feature you understand that this is a value added feature and that you using it at your own risk.
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Disclaimer of warranties
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You expressly understand and agree that::
Your use of OnlineBackupVault.com services is at your sole risk. OnlineBackupVault.com
services are provided on an “as is” and “as available” basis. To the maximum extent
permitted by law, OnlineBackupVault.com expressly disclaims all warranties and conditions
of any kind, whether express or implied, including, but not limited to the implied
warranties and conditions of merchantability, fitness for a particular purpose and
non-infringement.
OnlineBackupVault.com does not warrant that (i) OnlineBackupVault.com services will
meet your requirements, (ii) OnlineBackupVault.com services will be uninterrupted,
timely, secure, or error-free, (iii) the results that may be obtained from the use
of OnlineBackupVault.com services will be accurate or reliable, (iv) the quality
of any products, services, information, or other material purchased or obtained
by you through OnlineBackupVault.com services will meet your expectations, and (v)
any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of OnlineBackupVault.com
services is done at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or other device or loss of data that results
from the download of any such material.
No advice or information, whether oral or written, obtained by you from OnlineBackupVault.com
or through or from OnlineBackupVault.com services shall create any warranty not
expressly stated in the terms of service.
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Limitation of liability
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You expressly understand and agree that OnlineBackupVault.com shall not be liable
to you for any direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to, damages for loss of profits, goodwill, use,
data or other intangible losses (even if OnlineBackupVault.com has been advised
of the possibility of such damages) resulting from: (i) the use or the inability
to use OnlineBackupVault.com services; (ii) the cost of procurement of substitute
goods and services resulting from any goods, data, information or services purchased
or obtained or messages received or transactions entered into through or from OnlineBackupVault.com
services; (iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on OnlineBackupVault.com services;
or (v) any other matter relating to OnlineBackupVault.com services.
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Exclusions and limitations
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Nothing in this agreement is intended to exclude or limit any condition, warranty,
right or liability which may not be lawfully excluded or limited. Some jurisdictions
do not allow the exclusion of certain warranties or conditions or the limitation
or exclusion of liability for loss or damage caused by negligence, breach of contract
or breach of implied terms, or incidental or consequential damages. Accordingly,
only the above limitations in section 14 which are lawful in your jurisdiction will
apply to you and our liability will be limited to the maximum extent permitted by
law.
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No third party beneficiaries
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You agree that, except as otherwise expressly provided in this terms of service,
there shall be no third party beneficiaries to the terms of service.
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Notice
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You agree that OnlineBackupVault.com may provide you with notices, including those
regarding changes to the terms of service, by email, regular mail, or postings on
OnlineBackupVault.com services.
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General information
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Entire agreement. The terms of service (including any policies, guidelines or
amendments that may be presented to your form time to time) constitute the entire
agreement between you and OnlineBackupVault.com and govern your use of OnlineBackupVault.com
services, superseding any prior agreements between you and OnlineBackupVault.com
for the use of OnlineBackupVault.com services. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain other OnlineBackupVault.com
services, affiliate services, third-party content or third-party software.
Choice of law and forum. The terms of service and the relationship between you
and OnlineBackupVault.com shall be governed by the laws of the state of new york
without regard to its conflict of law provisions. You and OnlineBackupVault.com
agree to submit to the personal and exclusive jurisdiction of the courts located
within the county of brooklyn (kings), new york.
Waiver and severability of terms. The failure of OnlineBackupVault.com to exercise
or enforce any right or provision of the terms of service shall not constitute a
waiver of such right or provision. If any provision of the terms of service is found
by a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties’ intentions as reflected
in the provision, and the other provisions of the terms of service remain in full
force and effect.
Arbitration. Any dispute, claim or controversy arising out of or relating to this
agreement or the breach, termination, enforcement, interpretation or validity thereof,
including the determination of the scope or applicability of this agreement to arbitrate,
shall be determined by arbitration in brooklyn, ny, before three arbitrators. At
the option of the first to commence an arbitration, the arbitration shall be administered
either by jams pursuant to its streamlined arbitration rules and procedures. Judgment
on the award may be entered in any court having jurisdiction. This clause shall
not preclude parties from seeking provisional remedies in aid of arbitration from
a court of appropriate jurisdiction.
Statute of limitations. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of OnlineBackupVault.com
services or the terms of service must be filed within two (2) weeks after such claim
or cause of action arose or be forever barred.
The section headings in the terms of service are for convenience only and have
no legal or contractual effect.
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Copyright notice.
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Linux® is a registered trademark of linus torvalds. Intel®, pentium®, ia32®, itanium®,
celeron® and ia64® are registered trademarks of intel corporation. Amd®, opteron®,
and athlon® are registered trademarks of advanced micro devices.
Hp integrity® servers are registered trademarks of hewlett-packard development company.
Ibm®, aix®, tivoli®, iseries® and pseries® are registered trademarks of international
business machines corporation.
Xwindows™ is a trademark of massachusetts institute of technology. Microsoft® and
windows® are registered trademarks of microsoft corporation. Macintosh® and mac
os x® are registered trademarks of apple computer, inc. Oracle® is a registered
trademark of oracle corporation, intuit and its products are trademarks of intuit.
All other company/product names and service marks may be trademarks or registered
trademarks of their respective companies. We are not affiliated nor do we support
or take responsibility for any company or software mentioned on this site. We attempt
to test and backup and restore all file type to provide the best service possible,
however we do not guarantee that every and any file type mentioned or alluded to
on this site can be backed up or restored, nor do we necessarily have a relationship
and or partnership relationships with companies/trademarks mentioned on this page
Any rights not expressly granted herein are reserved.
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