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The
Online Secure Backup System ("OnlineSecureBackup.com")
is being provided to you by Data Source Solutions, DBA Shaker
Engineering Enterprises Inc. ("OnlineSecureBackup.com")
under the terms expressed in this document named OnlineSecureBackup.com
TERMS OF SERVICE. Your use of the OnlineSecureBackup.com site will
indicate your acceptance of these terms. Do not use the site if
you do not agree to be bound by these terms. By clicking on the
"AGREE" button you are confirming that you agree to be
bound by these terms. Use the scrollbar to view all remaining terms
below. |
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| 1. |
Changes
to Terms. |
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OnlineSecureBackup.com
may change these terms of service at any time. Any change to these
terms of service will be made publicly available on this website.
Continued use of the service is construed as your acceptance of
the terms of service. You should visit this page from time to time
to review the then-current Terms because they are binding on you.
Certain provisions of these Terms may be superseded by expressly
designated legal notices or terms located on particular pages at
this Site. |
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| 2. |
Changes
to OnlineSecureBackup.com Service. |
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OnlineSecureBackup.com
reserves the right to change or discontinue the Remote Backup service
at any time, with or without notice. OnlineSecureBackup.com shall
be in no way liable for any consequence to anyone or anything which
results from our decisions regarding continuing, changing, or discontinuing
this service. Further, OnlineSecureBackup.com shall not be liable
for forwarding or retrieving documents. |
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| 3. |
No Liability
for Data Stored on OnlineSecureBackup.com. |
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OnlineSecureBackup.com
assumes no liability for any of the data which is stored on the
Remote Backup service, be it obscene, offensive, illegal, or if
it is an infringement of property rights of anyone. Individual users
are solely responsible for the file content they upload and store
on this service. |
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| 4. |
Individual
Account Security, Privacy, and Personal Use. |
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You
agree that you are the only person responsible for the security
of your account and OnlineSecureBackup.com is not. |
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| 5. |
Grant of
License, Non-Transferable Membership. |
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OnlineSeucreBackup.com
grants you a personal, non-exclusive, non-transferable license to
use the products and software made available through the OnlineSecureBackup.com
web site for your own individual purposes. All rights related to
this Service not expressly granted by OnlineSecureBackup.com to
you are retained. You must have a valid, registered user account
to access Remote Backup. Remote Backup may only be accessed and
used by those authorized individuals who are registered with OnlineSecureBackup.com.
Your password may be maintained by you as often as you like, however
this password is non-transferable and your account may not be shared
for other individuals to use. Upon termination of your membership
subscription, by non-payment, cancellation or suspension of service,
this agreement will automatically terminate and the license to use
the backup software under this agreement shall be permanently revoked.
YOU AGREE THAT YOUR ACCOUNT PASSWORD MUST BE KEPT PRIVATE AND MAY
NOT BE USED BY ANY OTHER INDIVIDUAL TO ACCESS YOUR ACCOUNT. |
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| 6. |
Disclaimer
of Warranties. |
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ONLINESECUREBACKUP.COM
IS NOT RESPONSIBLE FOR ANY LOSS OF DATA, DUE TO TRANSMISSION ERROR,
CLIENT SOFTWARE ERROR, SERVER SOFTWARE ERROR, USER ERROR, OR ANY
CAUSE. DUE TO THE NATURE OF THE INTERNET AND THE ONLINE BACKUP SERVICE,
IT IS STRONGLY RECOMMENDED THAT YOU PERFORM ROUTINE TESTS OF THE
FILE RESTORE FEATURES AND FAMILIARIZE YOURSELF WITH THE COMPLETE
OPERATION OF THE BACKUP SOFTWARE BEFORE AN EMERGENCY SITUATION ARISES.
You agree that this service comes with no warranty and is "AS
IS" and "AS AVAILABLE" only. This service is not
intended to be the sole backup location for any data; users are
responsible for backing up their own data files to a location other
than OnlineSecureBackup.com. You assume all risks associated with
accepting a service of this kind. OnlineSecureBackup.com expressly
disclaims every type of warranty whether express or implied, including,
but not limited to, the warranties of merchantability, fitness for
a particular purpose and non-infringement.
OnlineSecureBackup.com makes no warranty that Remote Backup will
meet your requirements or that Remote Backup will be uninterrupted,
timely, secure or error-free. OnlineSecureBackup.com takes no responsibility
for damage done to your property as a result of using Remote Backup
software or the system itself. In addition, OnlineSecureBackup.com
does not make a warranty for any goods which are purchased through
the service. Anything which you purchase through the service is
a separate agreement between you and the third party and OnlineSecureBackup.com
shall have nothing to do with it. Further, if anyone who is an employee
or agent of OnlineSecureBackup.com makes any sort of statement,
it shall not be construed as a warranty. If by law it is not allowed
because of your jurisdiction's rules for OnlineSecureBackup.com
to exclude certain warranties then only the exclusions which are
disallowed by law do not apply to you. |
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| 7. |
Limitation
of Liability. |
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You
also agree that OnlineSecureBackup.com will not be liable for any
special, direct, consequential, indirect, or incidental damages
which result from use, cost, errors, security breaches, or anything
else related to the use of Remote Backup. (If it is illegal for
us to exclude certain liabilities for you because of your legal
jurisdiction, the illegal exclusions do not apply to you.) |
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| 8. |
US Laws.
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When
using OnlineSecureBackup.com, you agree to follow U.S. laws regarding
transmitting data, and not to make illegal use of the Remote Backup
System or use it for purposes which are illegal. Further, you agree
not to use the System for transmitting vulgar, obscene, harmful,
libelous, abusive, or unlawful material. You agree not to attempt
to gain access to other computer systems. Also, you agree not to
interfere with anyone else who is a member of OnlineSecureBackup.com
in their use and enjoyment of the OnlineSecureBackup.com web site
or other OnlineSecureBackup.com products. You agree to not transmit
anything over Remote Backup which could cause civil liability against
anyone, or break applicable international regulations, international
laws, national laws, national regulations, state laws, state regulations,
or local laws, or local regulations. |
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| 9. |
Indemnification.
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You
agree to indemnify and hold OnlineSecureBackup.com and its affiliates,
officers, stockholders, and employees harmless from any type of
demand or any type of claim which would include attorneys' fees
which are reasonable, which are made by any third party as a result
of your use of the Remote Backup System, be it any type of infringement
such as intellectual property or other rights, or other users of
Remote Backup System using your computer, or an infringement of
these terms of service by you. |
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| 10. |
Sole
Responsibility for Data, Account Termination. |
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You
agree to be solely and completely responsible for all of your transmissions
onto and off of your OnlineSecureBackup.com, and the contents of
those transmissions. OnlineSecureBackup.com holds the right to terminate
your access to the OnlineSecureBackup.com system at any time with
or without reason, at OnlineSecureBackup.com’s sole discretion.
If your account is terminated for any reason, you agree you may
not have permission to access your files on the OnlineSecureBackup.com
system and your files will be permanently removed from our servers.
OnlineSecureBackup.com is not obligated to give you access to any
data which you have uploaded or inserted into Remote Backup in any
way. NO OBLIGATION OF REFUND: You agree that OnlineSecureBackup.com
is not obligated in any way to refund any portion of monies paid
for a subscription service period if the account is terminated for
any reason. |
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| 11. |
Limitations
of Free Trial Accounts. |
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THE
FUNCTIONALITY OF ONLINESECUREBACKUP.COM FREE TRIAL ACCOUNTS IS LIMITED.
ONLINESECUREBACKUP.COM MAKES NO CLAIMS TO THE FUNCTIONALITY OR USABILITY
OF ONLINESECUREBACKUP.COM FREE TRIAL ACCOUNTS. All free OnineSecureBackup.com
accounts are granted 50mb of remote file space for a period of thirty
days. All free trial Remote Backup accounts are granted a 15-day
trial period. After the trial period, if an account has not been
upgraded to a paid subscription, the file transfer features will
be suspended for a fifteen-day hold period. During the fifteen-day
hold period, or any time before that, the account may be upgraded
to keep the account active. If the account is not upgraded by the
end of the fifteen-day hold period, then the account files may be
deleted without further notice. |
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| 12. |
Advertisements.
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OnlineSecureBackup.com
assumes no liability for anything which is perceived in advertisements
in Remote Backup, or any actions which are taken or not taken as
a result of those advertisements and any contact which you have
with the advertisers. |
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| 13. |
Intellectual
Property. |
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By
registering with this service, you understand and agree that all
content created by Remote Backup for the OnlineSecureBackup.com
system, as well as all of Remote Backup’s software that supports
this system, is protected by trademarks, copyrights, service marks,
or other property rights and laws. Therefore you must have appropriate
authorization before reproducing, distributing, copying, or taking
and changing any of these contents. Further, your use of the OnlineSecureBackup.com
system must be in accord and governed by all appropriate state,
federal, local, international, and national laws and regulations. |
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| 14. |
Applicable
Laws. |
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If
anything which is inserted into this terms of service document is
found by the appropriate legal jurisdiction and authority to be
in violation of the relevant law then the other parts of the terms
of service shall be understood as close to their original meaning
as possible and the parts which were not in violation of a law remain
in full effect, and full force. |
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| 15. |
Enforcement.
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If
Remote Backup fails to act on any of the terms of this document
it should not be construed as a waiver of any provision unless Remote
Backup agrees to any such waiver in writing. |
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