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Online Backup Vault is your # 1 Source for Online Secure Remote Offsite Worry Free
Backup
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Terms Of Use
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Thank You for choosing OnlineBackupVault.com We strive every day to bring you
the easiest to use & most secure offsite backup solution available. We would like to
welcome you to OnlineBackupVault.Com (OBV) and let you know how much we appreciate you
trusting us with your important data. By using OnlineBackupVault.Com’s products, services
or web sites ("OnlineBackupVault.Com services"), you agree to the following terms and
conditions, and or any policies, guidelines, regulations, Legal (set by your local or our
governing agencies) or rules set forth by OBV 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. |
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Terms Of Service(s)
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OnlineBackupVault.Com, LLC, ("OnlineBackupVault.Com") offer services to you,
with the understanding that you are of responsible and legal age and provided
that you are of age to form a legally binding contract and are not a person banned
or barred from receiving services under the laws of the United States or any other
applicable jurisdiction. In order to access certain services, you are required to
provide current, legitimate, accurate identification, contact, and other
information as part of the registration (installation of trial as well) process
and/or continued use of OnlineBackupVault.Com services (trial or pay) .OBV has the
right to question and request proof of account ownership. You are responsible for
maintaining confidentiality of your account password as well as all encryption
keys, and are responsible for all action that occur under your account/username
whether via Web based browser or software. You agree to immediately notify
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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Appropriate Understanding of Use And Behavior
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You agree that you are responsible for maintaining establishing, setting up
your own account. As well as you are responsible for setting up backup
schedules and ensuring those scheduled jobs are working. You understand that
all information, data, text, software, music, sound, photographs, graphics,
video, messages, files, attachments or other materials ("Content") are the sole
responsibility of the account from which such Content originated.
OnlineBackupVault does NOT have access to the contents of your data and is NOT
responsible for any copyright infringements of software/music etc that you may
have on your computer(s) server(s) OnlineBackupVault.Com reserves the right,
but does not assume the responsibility, to monitor or review any Content on
OnlineBackupVault.Com services. You agree that the data you are backing up is
data that you as owner or administrator, or legal guardian of data have the
right to backup this data and move it offsite. You agree that you are responsible
for the conduct of all users of your account and any Content that is created, transmitted,
stored, or displayed by, from, or within your account while using 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 guidelines policies or guidelines. You understand that
OnlineBackupVault is an add-on to your backup solution and here to provide an extra
source of backup to you, but is in no way liable for your data. You agree not to save any
illegal work, copyright violations etc. You agree not to use OnlineBackupVault in means
other than its intended means as an offsite backup solution. You agree that you will not
engage in any activity that interferes with or disrupts OnlineBackupVault.Com services or
servers or networks connected to OnlineBackupVault.Com services. |
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Terminology and Definition of Infinite and/or Unlimited Backup And TOS Agreement of Residential use Backup
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By using the home/residential software you agree that you are a residential user. Use of residential software in a business environment is against the TOS and if caught will be transferred to the business application and be charged retroactively back to the beginning o the account status in business pricing. OnlineBackupVault.com average residential user currently uses approx 10-15 gig of data. Our Unlimited plan / infinite backup is a relative term and not a legal term- as there is no such thing as unlimited or infinite in regard to backup. - Our "Unlimited Plans & Infinite Plans" as of this printing on November 20, 2007 is set at 80 gig which is a ratio of greater than 5x our current normal residential usage. This ratio of approx 5x the normal paid/trial residential usage plans is a multiple that we plan to maintain and potentially increase and will be reevaluated from time to time. Infinite/Unlimited plans may have speed restrictions and or network bottleneck settings set. The Software and Service are made available to you only for your personal use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. You may not make commercial use of the residential packages. Infinite/Unlimited Plans do not qualify for phone support only email support answered generally within 24 hrs on work days. As well unlimited plans do NOT offer remote setup & Installation. At anytime a user can upgrade from an unlimited plan to a pay plan. OnlineBackupVault.com its software as well as its services are/were not intended for use with aviation, nuclear, medical application, mass transit or any inherently dangerous application that can result in death, personal injury nor catastrophic damage. By using OnlineBackupVault.com the user agrees that OBV will have no liability of any nature as a result of our software used in the above ways. |
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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 weekly/monthly/annually basis in advance of providing its services, for your subscription fee (based on your plan selection), 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. For example, if your paid subscription began on August 31st, your next billing date would be September 30th. 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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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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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. |
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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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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 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.
OnlineBackupVault.Com provides an external supplemental backup service and does not guarantee nor take responsibility for users' data or data backup. OnlineBackupVault.Com sends our 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. 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.
OnlineBackupVault.Com privacy policy 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.
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Online Backup Vault LLC Legal |
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Online Backup Vault LLC Inc. has made every effort to supply trademark information about company names, products and services mentioned on this site.
All third party trademarks are the property of their respective owners.
ONLINEBACKUPVAULT LLC does not take responsibility for any third party software, nor does OBV ensure that
all file types of the mentioned companies have been tested backup or restore with our software and do not
guarantee that all file types will work with OnlineBackupVault or its subsidiaries.
COPYRIGHT NOTICE.
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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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 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.
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 7 days after such claim or cause of action arose or be forever barred.
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.
Testimonials on all the pages of 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.
We once again thank you for trusting us with your data and look forward to servicing you for many years to come.
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.
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