Terms of Service
These terms of service are a legal agreement between BackupGuard LLC ("BackupGuard", "we", "our"), which operates the BackupGuard online services and user, including but not limited to any Resellers of our Services to the end customer ("you", "users"). These Terms govern your use of any BackupGuard online services.
By using our services, you agree to accept these Terms. If you do not agree to these Terms, then do not indicate acceptance and do not use the Products.
BackupGuard provides Services and Products which allow users to backup and restore their websites and databases.
You must register with BackupGuard to use our Services. You agree to keep your registration information accurate and up-to-date as long as you continue to use the Services.
You must protect your account information and not share it with any third party. You are solely responsible for any unauthorized activities in your BackupGuard account. If you lose your password or any encryption key, you may not be able to access your backup data. BackupGuard may suspend your account and require you to change your password if a security breach occurs.
If you register for a paid account, you agree to pay the fixed subscription for the account type you have selected and agree to any applicable restrictions, including quotas on the amount of storage you are allowed to use. If you exceed any quota allocated to your account, you agree that BackupGuard may restrict your ability to backup further data until you reduce your storage usage. If you use a credit card for payment, you authorize BackupGuard to automatically renew your subscription and the renewal fees to the credit card associated with your account unless you notify BackupGuard in advance that you do not want your subscription renewed. You may cancel your subscription prior to the next billing date to avoid future charges. Service will continue until the end of the current billing period, but no service fees will be refunded. All Charges are payable in US Dollars. The user acknowledges and agrees that BackupGuard cannot control any fees that may be charged to the user by its bank in relation to the payment and the user is responsible for the same.
BackupGuard does not control any content uploaded by you and is not liable for any loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available via BackupGuard.
Use of services
By signing up in BackupGuard, you get a license to access the site. The user acknowledges that BackupGuard owns all right, title and interest including all the intellectual property on its site and its Services. The user acknowledges and agrees that it will not copy, sub license, lease, rent, loan, transfer, modify, adapt, distribute or create derivative, decompile, reverse engineer, disassemble or attempt to extract any source code of any Services. The User agrees not to remove, obscure, or alter any trademark, copyright or any Intellectual property of BackupGuard.
In no event shall BackupGuard be liable for any damages or any unauthorized access to you account or alternation of your data backups (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on BackupGuard, even if BackupGuard or a BackupGuard authorized representative has been notified orally or in writing of the possibility of such damage.
The user can terminate its Services anytime without any reason. If you have a Free Account, BackupGuard may terminate your account and these Terms immediately and without notice due inactivity for more than 30 days or you fail to comply with these Terms. If you have a Paid Account, BackupGuard may terminate your account and these Terms immediately if you don't renew your subscription or fail to comply with these Terms. BackupGuard has no obligation to provide you a copy of your backup data and may automatically purge your backup data from its servers.
The materials on BackupGuard's web site are provided "as is". BackupGuard makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BackupGuard does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Compliance with laws and jurisdiction
You acknowledge that use of the Products and Services may be subject to the laws of Armenia and other countries. User agrees that it will ensure compliance with the existing laws to which they are subject. You agree to submit to the personal and exclusive jurisdiction of the courts located in Yerevan, Armenia to resolve any dispute or claim arising from these Terms. As to intellectual property rights, you specifically agree that BackupGuard may file an action in any jurisdiction to protect or enforce its rights.