Terms of Use Agreement

Read this Terms of Use Agreement before using our Service.

Effective Date: This Terms of Use Agreement was last updated on 29 November 2009.

This Terms of Use Agreement sets forth the standards of use of the Safe Backup Service. By using the Safe Backup Service you (the 'Member') agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of our Service. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the safebackup.com.au website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Safe Backup is providing Member with an Online Data Backup Service. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees related with such connection.

2. Disclaimer of Warranties

The Service is provided by Safe Backup on an 'as is' and on an 'as available' basis. To the fullest extent permitted by applicable law, Safe Backup makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Service in terms of its correctness, accuracy, reliability, or otherwise. Safe Backup shall have no liability for any interruptions in the use of this Service. Safe Backup disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above referenced exclusion is inapplicable.

3. Limitation of Liability

Safe Backup SHALL NOT be liable for any damages whatsoever, and in particular Safe Backup shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this Service, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Safe Backup has been advised of the possibility of such damages.

4. Indemnification

Member agrees to indemnify and hold Safe Backup, its parents, subsidiaries, affiliates, partners, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's account, of any intellectual property or any other right of any person or entity.

5. Members Account

All Members of the Service shall receive an account accessible by username and password. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Safe Backup of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Safe Backup.

6. Modifications and Interruption to Service

Safe Backup reserves the right to modify or discontinue the Service with or without notice to the Member. Safe Backup shall not be liable to Member or any third party should Safe Backup exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Safe Backup does not guarantee continuous, uninterrupted or secure access to our Service and operation of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Governing Jurisdiction of the Courts

Our website is operated and provided in Australia. As such, we are subject to the laws of Australia, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Service is appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of Australia.

8. Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, national, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. License Terms for Software

The Safe Backup Software is licensed not sold. You may not assign, sublicense, lease, rent, distribute or transfer the Software to any third party. You may not remove, obscure or alter any copyright, trademark or other proprietary rights notices that appear on the Software or documentation. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Software. Safe Backup grants you the license to install the Software on a maximum of five (5) computers per Member account, and only for the purpose of accessing and using the Service. You must promptly begin using any updated version or new version of the Software that is provided to you, and you may not use any prior version after the time that the new or updated version is installed.

10. Website Copyright Information

All content included or available on the safebackup.com.au website including site design, text, graphics, interfaces, and the selection and arrangements thereof is Safe Backup © 2009, with all rights reserved, or is the property of Safe Backup and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Safe Backup is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Safe Backup.

11. Website Trademark Information

All trademarks displayed on the safebackup.com.au website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Safe Backup.

12. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Safe Backup, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.