BackupFactor.com

Your access to and use of BackupFactor.com and BackupFactor.com's backup services and software is subject to the terms of the agreement below ("Agreement"). By agreeing to the terms and conditions of the Agreement, you represent that you are 18 years of age or older and have contractual capacity. BackupFactor.com reserves the right to suspend your access if you misuse the product or violate the terms of this Agreement.

1. BackupFactor.com. You are granted a non-exclusive, non-transferable, limited license to use the BackupFactor.com web site and BackupFactor.com's backup software. You may not reverse engineer, decompile, disassemble or otherwise attempt to determine the source code of the components of the BackupFactor.com software or web site nor may you reproduce all or any portion of the software code or the "look and feel" of BackupFactor.com or the software provided to you by BackupFactor.com for any reason. You may print reports and other screen displays as may reasonably be required in the normal course of using your access to the site and software for your own use and/or the use of your company. Certain computers and computer browsers may not be capable of supporting the BackupFactor.com web site, online backup services or software. The performance of the BackupFactor.com web site and online backup service may vary with the computer, network and the type and quality of the internet connection you have elected to use.

(a) Multiple Locations.  Multiple Location access allows you to access the BackupFactor.com website, software and online backup service from terminals other than your own and those designated by your employer.  If you elect to access the BackupFactor.com web site or online backup service through a third-party computer, you must understand that computers not under your exclusive control may have tracking/monitoring software and/or hardware installed that can capture your login and password and then steal data from your backup archive stored on BackupFactor.com servers.  You are solely responsible for protecting your user login(s) and password(s).

(b) Security. If you or your business don't have sufficient expertise to accomplish regular screenings for workstation and network security, you are strongly encouraged to employ the services of a computer security professional to insure that your computers and their connecting network are secure from intrusion and monitoring.  Computers that you own/lease and use regularly may have certain types of hardware or software code installed that captures screen shots, keystrokes, logins and password information.  Among other efforts on your part, we recommend that you make consistent use of firewall software, anti-virus software and spyware detecting/removal software to protect your computer system(s) along with quality network security equipment such as SPI or DPI firewall hardware.  The use of such software and hardware may not, by itself, be adequate to insure your system(s) and network are not compromised.  If you have any doubt, and even if you don't, consider retaining the services of a computer security professional on a regular basis to insure your systems and network are secure.

(c) Termination. BackupFactor.com may terminate your service if you misuse the product, if you violate the terms of this Agreement, if any information provided by you is found to be false or fraudulent, or for other cause.

(d) Third-Party Software.  BackupFactor.com may elect to include or "bundle" software code from third-party providers to perform such necessary or optional functions as BackupFactor.com may deem appropriate.  In all cases, BackupFactor.com assumes no liability whatsoever for the performance, non-performance, suitability, or accuracy of third-party software or web sites. Any use of third-party software or web sites that may be attached to or affiliated with BackupFactor.com products and services is done at your own risk.

(e) Availability.  Although BackupFactor.com makes every reasonable effort to insure our servers and internet connections remain available, we accept no responsibility for any loss of business, revenue or any other loss or thing you may suffer as a result of any single or multiple hardware, software or internet connectivity failure.

2. License.

(a) Grant. You are granted a non-exclusive, non-transferable, limited license to access and use the BackupFactor.com web site and backup service.

(b) Limitations. You may not copy, download, store, publish, transmit, transfer, sell or use any feature of BackupFactor.com except (i) as permitted by this Agreement, (ii) with BackupFactor.com's prior written permission, or (iii) if not prohibited by this Agreement or as allowed under the Fair Use provision of the U.S. Copyright Act. You may not sell, license or distribute data or the use of BackupFactor.com's services, products, software, program methods, site or promotional materials appearance or program "look and feel" to any other (i.e. third) party.

3. Disclaimer of Warranties and Limitation of Liability. BACKUPFACTOR.COM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. BACKUPFACTOR.COM HAS NO LIABILITY TO YOU FOR ANY CLAIM(S) RELATING TO THIS AGREEMENT OR ITS PERFORMANCE, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR NEGLIGENCE. IN NO EVENT WILL BACKUPFACTOR.COM BE LIABLE TO YOU FOR ANY CLAIM(S) RELATING TO YOUR INABILITY OR FAILURE TO SUCCESSFULLY BACKUP UP YOUR DATA, RESTORE YOUR DATA, EVEN IF ASSISTED BY BACKUPFACTOR.COM CUSTOMER SERVICE REPRESENTATIVES. BACKUPFACTOR.COM IS NOT LIABLE FOR ANY LOSS OF REVENUE, WAGES, EARNINGS, REPUTATION OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, EVEN IF YOU ARE ADVISED OF THE POSSIBILITY OF ANY DAMAGES.

4. Responsibility for Certain Matters. You are responsible for all access to the BackupFactor.com application through designated terminals provided by your employer, or through any other Internet connection. You are solely responsible for the maintenance and control of your password. You agree not to allow unauthorized access to any BackupFactor.com internet site or service.

5. Reservation of Rights. BackupFactor.com may modify the terms and conditions of this Agreement at any time, including the imposition of access limitations.

6. Notices. All notices are sent to BackupFactor.com at PO Box 49067, Charlotte, NC 28277-0072.

7. Governing Law and Venue. The laws of the State of North Carolina, USA govern this Agreement. You consent to exclusive jurisdiction and venue of the courts of Mecklenburg County, North Carolina, United States of America.

8. Other Provisions. This is the entire agreement between the parties with respect to your right to access and use of BackupFactor.com. It supersedes all prior agreements. Neither this Agreement nor any part may be assigned, sublicensed or otherwise transferred by you without BackupFactor.com's prior written consent. If any provision of this Agreement is found to be void, invalid, unenforceable, or illegal, the validity and enforceability of the other provisions will not be affected. Failure to enforce any provision of this Agreement is not a waiver of the provision or of the right to enforce the provision. The headings and captions contained are inserted for convenience only and do not constitute a part of the Agreement.

This agreement may be modified without prior notice to any party, and will supersede all prior agreements.

You understand that BackupFactor.com may periodically monitor the use of its BackupFactor.com web site and services, through electronic and other means. You agree to cooperate with any reasonable requests for information made upon you by BackupFactor.com relating to use of its services.