Welcome to eBackupper Corporation (“eBackupper”, “we” or “us”)! eBackupper provides products and services that save your time to back up websites and databases to cloud drive storages.
These terms of service (this “TOS”) govern your use of our services, products, or websites (collectively, the “Service”). By using and accessing the Service, you agree to be bound by and comply with this TOS. Certain parts of the Service may require you to agree to additional terms or guidelines. You may not use the Service if you do not accept this TOS. For purposes of this TOS “you” shall mean either you as an individual or the entity on whose behalf you are accepting this TOS and who is afforded all rights and bound by all terms under the Agreement. You represent that you are authorized to accept this TOS and conditions. If you do not agree to be bound by this TOS in its entirety, you may not attempt to use any eBackupper services or products.
You represent that you are of legal age to form a binding contract. In order to use eBackupper application, you must provide your email address. You agree that your email address will always be accurate and current.
The Service includes websites, databases, information, data, text, photographs, graphics, video, messages, tags, or other materials (“Content”) from many people and entities, and such Content is the sole responsibility of the person or entity that provided it. This means that you are entirely responsible for all Content that you email, transmit or otherwise make available while using the Service (including third party service integrations that you enable through the Service), and for the consequences of your actions (including any loss or damage which eBackupper may suffer) by doing so. Note that Content is treated differently than “Feedback” which is covered in Section 6. eBackupper does not claim ownership of such Content and you agree that eBackupper may use, distribute, syndicate, reproduce, modify, adapt, publicly perform and publicly display such Content solely for the purpose of providing you the Service. If you no longer want your Content to appear on the Service, you go to your applicable third party service providing the Content and either change your privacy settings to block publicly available content, or remove the content entirely. However, you agree and understand that eBackupper may not be able to (and has no obligation to you) to restrict any use of your Content by any other person, including other users, and that eBackupper has no control of your Content provided by or to the third party services that you authorize or enable.
By submitting feedback, ideas, ratings, reviews, or suggestions (“Feedback”) to eBackupper, privately through customer service, you acknowledge and agree that: (a) your Feedback automatically becomes the property of eBackupper without any obligation of eBackupper to you; (b) your Feedback does not contain confidential or proprietary information of you or any third party; (c) eBackupper may use or disclose such Feedback for any purpose, in any way, in any media worldwide; (d) eBackupper may have something similar to the Feedback already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from eBackupper.
You agree to not use the Service to: (a) harm minors in any way; (b) impersonate any person or entity, or misrepresent your affiliation with a person or entity; (c) engage in any unsolicited or unauthorized advertising, “spamming” or “chain letters,” or any other form of solicitation; (d) stalk or otherwise harass another; (e) transmit or make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) interfere with or disrupt the Service or servers or networks connected to the Service; or (g) intentionally or unintentionally violate any applicable local, state, national or international law; You agree to not upload, post, or transmit or make available any Content that: (h) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (i) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information protected under nondisclosure agreements); or (j) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You acknowledge that eBackupper may or may not pre-screen Content. We have the right, but not the obligation, in our sole discretion to pre-screen, refuse, or remove any Content on the Service. You understand that you may be exposed to Content on the Service that is offensive, indecent or objectionable. You will not access any of the Services (I) by any means other than through the interface that is provided, or (II) through any automated means (including use of bots, scripts or web crawlers). You will not override or circumvent any security components or violate any usage rules relating to the protection of materials or technology on the Service.
All right, title and interest to the Service (which includes any eBackupper content or materials made available via the Service, the Service’s look and feel, the designs, service marks, trademarks and trade names displayed on the Service) are the property of eBackupper, its affiliates, licensors or users, and are protected by copyrights, patents, trademarks or other proprietary rights and laws. You may not use, copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense or otherwise transfer any right, of any part of the Service without the prior written consent of the respective owner.
Unless otherwise agreed to in a separate agreement between eBackupper and you, with respect to any software that we provide to you, eBackupper grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use such software provided, for the sole purpose of enabling you to use the Service in the manner permitted by this TOS. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof. You may not assign or grant a sublicense of your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
You (and not eBackupper) are solely responsible for any fees or charges incurred to access the Service through an internet access or mobile access provider, or other third party, including but not limited to charges incurred to send or receive SMS messages.
You agree to only use the Service for personal purposes, and not for any unintended use of the Service. You agree not to reproduce, duplicate, copy, sell, trade, resell, frame, or exploit for any commercial purposes, any portion of the Service’s websites.
The Service may display announcements. In consideration for eBackupper granting you access to and use of the Services, you agree that eBackupper may place such announcements on the Service.
You agree to indemnify and hold eBackupper and its affiliates, members, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this TOS, or your violation of any rights of another.
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that eBackupper shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You further agree that we may limit the number of emails sent via the Service at any time, in our sole discretion.
You agree that eBackupper may terminate your application access to the Service at any time, without notice, for any reason, including but not be limited to, (a) breaches or violations of this TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you to deactivate your application, (d) discontinuance or material modification to the Service, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, or (h) nonpayment of any fees owed by you in connection with the Services. Further, you agree that eBackupper shall not be liable to you or any third party for any deactivation of your application.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. eBackupper AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) eBackupper and its affiliates, members, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet your requirements; or (ii) the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components. (c) Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. (d) Under no circumstances will eBackupper be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You expressly understand and agree that eBackupper and its affiliates, members, officers, employees, agents, partners and licensors 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 eBackupper has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) 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 the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; or (e) any other matter relating to the Service. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
We may provide you with notices, including those regarding changes to this TOS, including but not limited to by email, regular mail, text message, postings on the Service, or other reasonable means now known or developed later.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us.
Any views, statements, advice or other information made available or expressed by third parties or users are those of the respective third party or user and not of eBackupper. While we actively seek community participation on our website through these various means, we do not endorse and are not responsible for the reliability or accuracy of any advice, opinion or statement made on the Service.
eBackupper reserves the right to change or modify the Service, any of the terms and conditions contained in this TOS, or any policy governing the Service, at any time. You are responsible for regularly reviewing any updates to this TOS at ../../legal/terms.html. Any changes or modifications to this TOS will become binding after your continued use of the Service after such terms have been updated by eBackupper.
eBackupper may elect to provide you with customer support, in its sole discretion, and may terminate such support at any time without notice. eBackupper may change, limit, suspend, or discontinue any aspect of the Service at any time, including the availability of any feature or content.
This TOS shall be governed by applicable U.S. federal law and the laws of the State of California, excluding any conflict of law provisions. This TOS shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby consent to the exclusive jurisdiction of the U.S. federal and California state courts located in San Francisco, CA, in connection with any dispute arising out of or in connection with this TOS or its subject matter, and the parties irrevocably waive any right that they may have to assert that any such court lacks jurisdiction or that such forum is not convenient. If any provision in this TOS should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this TOS if no such modification is possible, and other provisions of this TOS shall remain in full force and effect. The controlling language of this TOS is English. If you have received a translation into another language, it has been provided for your convenience only. A waiver by either party of any term or condition of this TOS or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer, by operation of law or otherwise, this TOS or any rights or obligations hereunder. Any such purported transfer or assignment will be void. Subject to the foregoing sentence, this TOS shall be binding upon and shall inure to the benefit of the parties, their successors and assigns. This TOS constitute the entire agreement between the parties concerning the subject matter hereof.