Terms of Service
Effective Date: May 01, 2017
Updated On: July 22, 2019
Agreement.
Welcome to BackupHawk. THIS AGREEMENT IS BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND BACKUPHAWK LLC GOVERNING YOUR USE OF BACKUPHAWK SOFTWARE AND SERVICES. The BackupHawk.com website and all corresponding applications (collectively, the “Sites”) are comprised of various web pages and applications operated by BackupHawk LLC (“BackupHawk”). BackupHawk’s software services include any application, service, and/or function, free or purchased, provided to users by the BackupHawk Sites (collectively, “Services”).
Parts of this Agreement.
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to the use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Terms.
The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained here. Your use of the Sites constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.
Description of Services.
The Sites are SaaS (Software-As-A-Service) websites and applications. BackupHawk provides an array of services for data backup. You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You may be able to create and edit content with your user account and if you choose to do so and that service is provided. You can publish and share such content.
Privacy.
Your use of the Sites and the personal information you provide to BackupHawk through its Services is governed by BackupHawk’s Privacy Policy. Your election to use the Services indicate your acceptance of the terms of the BackupHawk LLC Privacy Policy. Please review our Privacy Policy, which also governs the Sites and our Services and informs users of our data collection practices.
Links to Third Party Sites/Third Party Services.
The Sites may contain links to other websites or applications (“Linked Sites”). The Linked Sites are not under the control of BackupHawk and BackupHawk is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BackupHawk is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BackupHawk of the site or any association with its operators.
Certain Services made available via the Sites are delivered by third party sites and organizations. By using any product, service or functionality originating from the Sites, you hereby acknowledge and consent that BackupHawk may share such information and data with any third party with whom BackupHawk has a contractual relationship to provide the requested product, service or functionality on behalf of the Sites users and customers.
Third Party Accounts.
You will be able to connect your BackupHawk account to third party accounts. By connecting your BackupHawk account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Personal Information and Your Account.
If you use our Sites and/or Services, you are responsible for maintaining the Confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and/or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that BackupHawk is not responsible for third party access to your account that results from theft or misappropriation of your account. BackupHawk and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. You are responsible for maintaining the confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to support@BackupHawk.com or by calling any of the numbers listed on https://BackupHawk.com/contact-us. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise. BackupHawk does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Sites only with permission of a parent or guardian.
Use of Communication Services.
The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; public, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner, falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
BackupHawk has no obligation to monitor the Communication Services. However, BackupHawk reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BackupHawk reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
BackupHawk reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BackupHawk’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BackupHawk does not control or endorse the content, messages or information found in any Communication Service, and therefore, BackupHawk specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BackupHawk spokespersons, and their views do not necessarily reflect those of BackupHawk.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Electronic Communications.
Visiting the Sites, using the Services and sending emails to BackupHawk constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via email and on the Sites, satisfy any legal requirement that such communications be in writing. The Services may include certain communications from BackupHawk, such as service announcements, administration messages and newsletters. You understand that there communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Cancellation/Refund Policy.
BackupHawk strives to create and provide quality software services that you enjoy using for your business and professional life.
Monthly Subscription: If at anytime during your first month using any of the BackupHawk Services you are dissatisfied, please contact us at support@BackupHawk.com. We will do our best to address the issues and provide a timely solution. If you are still not satisfied, we will gladly offer you a FULL REFUND for your purchase, or we may offer you a discounted service, if such discount is offered at the time.
Annual Subscription: If at anytime during your first 45 days using any of the BackupHawk Services you are dissatisfied, please contact us at support@BackupHawk.com. We will do our best to address the issues and provide a timely solution. If you are still not satisfied, we will gladly offer you a FULL REFUND for your purchase, or we may offer you a discounted service, if such discount is offered at the time.
Complete customer satisfaction is important to us. If at anytime during your contract we remove, break or discontinue functionality that was available at the time you signed up for your service contract, please contact us immediately at support@BackupHawk.com. If we fail to address the issue in a timely manner to your complete satisfaction, we will offer you a PRORATED REFUND for the remainder of your contract.
Auto-Renewal. Monthly and yearly subscriptions will auto-renew until you cancel your service. Users have the right to cancel their subscription at any time. Every time your subscription auto-renews, we may or may not send you a reminder email. After each auto-renewal, we will also send a receipt specifying the amount that has been deducted.
You can cancel your monthly/annual subscription up to five days after your renewal date, and we will process your cancellation and provide you a FULL REFUND.
BackupHawk reserves the right, in its sole discretion, to refuse or cancel any or all services and terminate user accounts at any time without a refund.
Please contact us at support@BackupHawk.com with any questions about our Cancellation/Refund Policy.
Complaints.
If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by use and copy BackupHawk in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your disclosure of your name and contact information by BackupHawk to the complainant.
Subscription to Beta Service.
We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that BackupHawk will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Modification of Terms of Service.
BackupHawk reserves the right, in its sole discretion, to change the Terms under which the Sites and Services are offered. The most current version of the Terms will supersede all previous versions. BackupHawk encourages you to periodically review the Terms to stay informed of our updates.
User Signup Obligations.
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the signup process; and b) maintain and promptly update the information provided during signup to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if BackupHawk has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, BackupHawk may terminate your user account and refuse current or future use of any or all of the Services.
Organization Accounts and Administrators.
When you sign up for an account for your organization you are assumed to be an administrator. The administrators will have the right to configure the Services based on your organization’s requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account. You are responsible for a) ensuring confidentiality of your organization account password, b) appointing competent individuals as administrators for managing your organization account, and c) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that BackupHawk is not responsible for account administration and internal management of the Services for you. You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to support@BackupHawk.com, provided that the process is acceptable to BackupHawk. In the absence of any specified administrator account recovery process, BackupHawk may provide control of an administrator account to an individual providing proof satisfactory to BackupHawk demonstrating authorization to act on behalf of the organization. You agree not to hold BackupHawk liable for the consequences of any action taken by BackupHawk in good faith in this regard.
Fees and Payments.
The Services are available under subscription plans of various durations. Payments for subscription plans of duration of less than a year can be made only by Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized BackupHawk to charge the subscription fee to the Credit Card last used by you. Please click here to know about our Refund/Cancellation Policy. From time to time, we may change the price of any Service or charge for use of the Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
International Users.
This Service is controlled, operated and administered by BackupHawk from our offices within the United States of America. If you access the Service from a location outside of the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the BackupHawk content accessed through the Sites in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Restrictions on Use.
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm and server, network, computer system, resource of BackupHawk; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
Materials Provided to the Sites or Posted on any BackupHawk Web Page.
BackupHawk does not claim ownership of the materials you provide to the Sites (including feedback and suggestions) or post, upload, input or submit to any BackupHawk Site or our associated services (collectively, “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting BackupHawk, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No Compensation will be paid with respect to the use of your Submission, as provided herein. BackupHawk is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BackupHawk’s sole discretion.
Spamming and Illegal Activities.
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity. Please see BackupHawk’s Anti-Spam Policy for more information.
Inactive User Accounts Policy.
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of fourteen (14) days. In the event of such termination, all data associated with such user account may be deleted or stored without recourse. We will provide you prior notice of such termination. The Data Deletion/Retention Policy (see below) may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
Data Deletion/Retention Policy.
BackupHawk may retain all user information and data indefinitely, regardless of account or subscription payment status. In the case of account termination or deletion by BackupHawk or the user, all user information and data, with respect to any or all of the Services, may be deleted or stored for BackupHawk’s internal use and will not be accessible to the user.
Data Ownership.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant BackupHawk the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for BackupHawk’s commercial, marketing or any similar purpose. But you grant BackupHawk permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
User Generated Content.
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as they case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that BackupHawk will have the right to block access to or remove such content made available by you if BackupHawk receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by BackupHawk for this purpose. For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services, please email support@BackupHawk.com. If you wish to protest any blocking or removal of content by BackupHawk, you may do so in the manner provided here.
Sample Files and Application.
BackupHawk may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. BackupHawk makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the samples files and applications.
No Unlawful or Prohibited Use/Intellectual Property.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites strictly in accordance with these terms of use. As a condition of your use of the Sites, you warrant to BackupHawk that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
BackupHawk, BackupHawk logo, the names of individual Services, and their logos are trademarks of BackupHawk LLC. You agree not to display or use, in any manner, the BackupHawk trademarks, without BackupHawk’s prior written consent. All content included as part of the Service, such as text, graphics, logos, images, as well as compilation thereof, and any software used on the Sites, is the property of BackupHawk or its suppliers and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites. BackupHawk content is not for resale. You use of the Sites do not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of BackupHawk and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses express or implied, to the intellectual property of BackupHawk or our licensors except as expressly authorized by these Terms.
Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. BACKUPHAWK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KING, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BACKUPHAWK MAKES NOT WARRANTY THAT THEY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM BACKUPHAWK, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Liability Disclaimer.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR BY BACKUPHAWK BY ANY OTHER MEANS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BACKUPHAWK LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BACKUPHAWK LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BACKUPHAWK LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL BACKUPHAWK LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR PROFITS, OR OTHER LOSS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BACKUPHAWK LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IN NO EVENT SHALL BACKUPHAWK’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
Indemnification.
You agree to indemnify, defend and hold harmless BackupHawk, its officers, directors, employees, agents, suppliers, affiliates and third parties from and against any losses, costs, liabilities, damages, fines and expenses (including reasonable attorney’s fees and costs) relating to or arising out of your use of or inability to use the Site or Services (except where such use is authorized by BackupHawk), any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. BackupHawk reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which even you will fully cooperate with BackupHawk in asserting any available defenses.
Arbitration.
In the event the parties are not able to resolve any dispute or claim between them arising out of or concerning the Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties. All arbitrations shall be conducted in the state of Maryland. Any such dispute or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any dispute or claim of any other party. The decision of the arbitrator shall be final and unappealable, and judgement on the arbitration award may be entered into any court having jurisdiction thereof. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns there Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a results of these Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. Notwithstanding anything to the contrary, BackupHawk may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Class Action Waiver.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class; representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Suspension/Termination/Access Restriction.
BackupHawk reserves the right, in its sole discretion, to terminate your access to the Site and the related Services or any portion thereof at any time, without notice. We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to support@BackupHawk.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty (30) days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if BackupHawk breaches its obligations under these Terms and in such event, you will be entitled to a prorated refund of any prepaid fees. Termination of user accounts will include denial of user access to all Services, and BackupHawk reserves the right in its sole discretion to delete or store all user information and data for internal use. Please see the Data Delete/Retention Policy for more information. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maryland and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site and/or Services. Use of the Site and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BackupHawk as a result of this agreement or use of the Site. BackupHawk’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BackupHawk’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BackupHawk with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BackupHawk with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BackupHawk with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
End of Terms of Service/Contact Us.
If you have any questions or concerns regarding this Agreement or the Terms, please contact us:
Postal Address:
BackupHawk LLC
94 E 950 S
Kaysville, UT 84037