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Terms
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE REGISTERING AND USING THE WEBBACKUP AND IBACKUP SERVICE: You have selected to register for use of the WebBackup system from SmartData and the Pro Softnet IBackup file storage and retrieval service (the "Service"). The Service is provided to you under the terms and conditions set forth in these Terms and Conditions of Use ("Agreement").
1. Description of Services | 2. Conditions of Use | 3. Registration Information | 3a. Use of IP Addresses | 4. Account and Password | 5. Security of Stored Data and Files | 6. Content of Stored Data and Files | 6a. Backups of your data | 7. Disclaimer of Warranties | 8. Limitations of Liability | 9. Indemnification | 10. Termination | 11. Notices | 12. Severability | 13. Modifications to this Agreement | 14. Miscellaneous
Subject to SmartData's acceptance of Your registration and Your compliance
with the terms and conditions of this Agreement, SmartData will provide
You with the following service (the "Basic Service") : (a) SmartData
will establish one (1) online storage and online backup account in Your
name on the Pro Softnet servers (the "Account"); (b) SmartData will initially
allow you to store up to a total of 5000 megabytes of data files in your
Account on a trial basis for 15 days if the trial option is chosen, or
will allow you to store up to a limit higher than the trial offer depending
on the user's choice among the provided storage options for a subscription
fee, including the ability to create sub-accounts for other parties to
have access to sections of the account ; and (c) SmartData will allow
You to retrieve data files from Your Account; and (d) If sub-accounts
are created by the main account holder, the main account holder is responsible
for all the actions arising from the sub-account holders, and will make
sure that all the terms and conditions described here are adhered to
by the sub-account holders.(e) In Your use of the Service, you are responsible
for providing the following: (i) all equipment, such as a computer and
modem, necessary to access the World Wide Web; (ii) Your own access to
the World Wide Web; and (iii) payment of all telephone or other fees
associated with such access. Please note IBackup provides an extensive
range of services. It is possible that one or more of these services
may not be available at certain times. 
You are solely responsible for the content of all data You store or
retrieve from, or attempt to store or retrieve from, Your Account and
the Public Folders and for all transmissions by You from and to Your
Account. Your use of the Service is subject to all applicable local,
state, national and international laws and regulations. You will: (a)
not use the Service for any illegal purposes; (b) not use the Service
to store, retrieve, transmit or view any file, data, image or program
that contains: (i) any illegal pictures, materials or information; (ii)
any harassing, libelous, abusive, threatening, harmful, vulgar, pornographic,
obscene or otherwise objectionable material of any kind or nature; (iii)
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; (iv) any code
or material that violates the intellectual property rights of others;
(v) any Windows temporary files of any kind (including, without limitation,
any *.p or ~*.* files); or (vi) any viruses, worms, "Trojan horses" or
any other similar contaminating or destructive features; (c) comply with
United States and other applicable law regarding the exportation and
re-exportation of any data or other materials from the United States
or other jurisdictions through the Service; (d) not use the Service for
any spamming, chain letters or other use that may otherwise disrupt the
Service or the networks through which You access and use the Service;
(e) comply with all regulations, policies and procedures of networks
through which You access and use the Service; and (f) not access or attempt
to access any Service account for which You have no access authorization
or duplicate, modify, distribute or display any of the data or files
from any such account.(g) not use sharing features in a way that amounts
to 'publishing' and restrict the use of sharing features to share data
between friends, colleagues and business partners, in a very limited
sense. (h) IBackup service should not be used to sell digital content
to others. It is not a media for dissemination of digital content for
commercial purposes. IBackup may use automated procedures to detect unacceptable
level of usage and may immediately disable offending accounts, and the
process of detection may vary from time to time, based on misuse detected.
IBackup is NOT a service for storing and disseminating large amounts
of data to large number of recipients. It is an Online Storage and Backup
service. IBackup is not responsible for any business interruptions that
may be caused due to this process. Any link(s) provided through a web
site or a mass email to download/upload files stored at IBackup Accounts
is completely unacceptable and would be considered as violation of terms
as per the (g) clause mentioned above.
Storage Over Limits
You will promptly notify SmartData of any change in the information
You provide on Your registration form during Your registration for the
Service (including, without limitation, any change in Your mailing address,
telephone numbers or email address). The registration information provided
by You on Your registration form during Your registration for the Service,
together with any and all updates provided by You from time to time under
this paragraph, is referred to in this Agreement as the "Registration
Information." SmartData and Pro Softnet's policy regarding the privacy
and use of the Registration Information is set forth in our privacy policy,
as the same may be modified and amended by SmartData from time to time
(the "Privacy Policy"). When You accept this Agreement, You acknowledge
that You agree to the terms of the Privacy Policy. You authorize a recurring
monthly or annual charge in exchange for use of the WebBackup service
as indicated by published standard plans or a customized quote provided
for your specific use. You also agree that the enrollment for the next
service period is automatic. Please note that refunds on a pro-rated
basis are issued only for monthly plans. When yearly subscriptions are
cancelled before the subscriptions end, refunds are issued based on a
pro-rated calculation of the subscription charges at the monthly rate
for the plan, for the actual number of days the account was subscribed(the
number of days between the most recent yearly charges and the cancellation
date). If the calculated refund amount exceeds the yearly subscription
rate, then no refund is issued. WebBackup will not issue any pro-rated
refunds for the remaining period during the month when an account with
a monthly subscription plan ("current plan") is downgraded to a smaller
plan ("new plan") (a plan that costs less per month than the current
plan) during the middle of a month. However the rate applicable to the
new plan will automatically be charged starting the first of the subsequent
month. WebBackup may allow for use of storage space beyond the specified
plan limit chosen by the user. This is designed to allow for uninterrupted
backups, in case the usage exceeds the quota limits. overuse charge may
be applied for the overused storage at the rate of $3/GB/Month. This
rate may change without notice. If we are unable to execute overuse charges
due to credit card denial or for whatever reasons, user will be notified
via email. In case of non-action by the user, the account may be cancelled.
An IP address is a number that's automatically assigned to your computer
whenever you're surfing the Web. IBackup may collect IP addresses for
the purposes of system administration, to audit the use of our site.
We can and will use IP addresses to identify a user when we feel it is
necessary to enforce compliance with our house rules or terms of service
or to protect our service, site, customers, or others. Some services
and Emails sent from WebBackup and IBackup, such as registration related,
may display IP addresses along with the message.
After You accept this Agreement and Your registration has been accepted
by SmartData, You will receive a link by email, on activation of which
Your Account will be established. You are solely responsible for any
consequences arising out of Your failure to maintain the confidentiality
of Your Password. You will notify SmartData of any unauthorized use or
other breach in security of Your Account immediately after You learn
of the same.
5. Security of Stored Data and Files
SmartData will endeavor to restrict access to the data and files You
store or retrieve from Your Account to persons accessing such data and
files through use of Your Account or Password. However, it may be necessary
to access users accounts for support requirements. It may also be necessary
to access users accounts to verify that the accounts are not being misused,
especially with respect to digital copyright laws and resource misuse
checks including bandwidth. For higher security and privacy requirements,
users are advised to use SmartData's encryption on storage.
6. Content of Stored Data and Files
You are solely responsible for (a) obtaining sufficient rights to the
content of all data and files stored by You on Pro Softnet's servers
and (b) ensuring that such content does not include any of the items
listed in paragraph 2(b) above. SmartData or Pro Softnet normally does
not review, inspect, edit or monitor any content, data or files stored
by You or any other user of the Service, including, without limitation,
for viruses, worms, "Trojan horses" or any other similar contaminating
or destructive features. However, if SmartData or Pro Softnet has suspicion
that an account is being used for storage and distribution of any illegal
material such as copyrighted content, SmartData reserves the right to
examine the content of the online storage and backup account. SmartData
reserves the right to refuse, remove or disable access to any data or
files stored on Pro Softnet's servers with immediate effect that Pro
Softnet learns may be illegal, may violate the terms of paragraph 2 above,
may violate the rights of any third party or otherwise may be reasonably
objectionable.
IBackup maintains regular backups of data to recover from any software/hardware
failures. Multiple snapshots of your data at different times is maintained
online. IBackup may also maintain a copy of data at a geographically
distanced data center from the primary location for additional protection.
However, the most important step for a reliable backup is at the user
end; user is expected to view and verify the logs periodically to insure
that the backups do take place successfully, and take necessary corrective
action if there are errors. User is also expected to periodically upgrade
the backup client to the most recent version for improved reliability
of backups.
The transmission, storage, viewing and retrieval of data and files through
the World Wide Web is subject to a variety of conditions that make such
transmission, storage, viewing and retrieval potentially unreliable.
ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE
RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS
AVAILABLE" BASIS. SMARTDATA AND PRO SOFTNET, ON BEHALF OF ITSELF AND
ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES
AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH
RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT). PLEASE NOTE THAT YOUR ACCOUNT AND THE SERVICE
MAY NOT MEET YOUR NEEDS. SMARTDATA AND PRO SOFTNET MAKES NO REPRESENTATION
OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS;
(B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE,
UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU
STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) THAT THE DATA
ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS
IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR
DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH
MATERIAL OR DATA.
IN NO EVENT SHALL SMARTDATA AND PRO SOFTNET OR ITS ADVERTISERS OR SUPPLIERS
HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF
SUBSTITUTE SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER
PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT
OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN.
You will defend, indemnify and hold SmartData and Pro Softnet, its parents,
subsidiaries, affiliates, agents, officers, directors 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 (a) Your
use of Your Account and the Service, (b) any data files and content stored
by You in Your Account and otherwise on the Pro Softnet servers and (c)
any violation of this Agreement by You.
Either you or SmartData may terminate this Agreement with or without
cause at any time by giving notice of such termination to the other in
the manner described in paragraph 11 below. Further, if SmartData believes
that You have violated Your obligations under this Agreement, SmartData
may, at its option and in addition to its other remedies, immediately
and without notice, suspend Your Account, remove and destroy data and
files stored by You on Pro Softnet's servers and/or terminate this Agreement.
SmartData will not be liable to You or any third party for any suspension
or termination of Your Account or the Service. Should You object to any
terms and conditions of this Agreement or any subsequent modifications
thereto or become dissatisfied with the Service in any way, Your only
recourse is to immediately: (a) discontinue use of the Service; (b) terminate
this Agreement; and (c) notify SmartData of such termination. Upon any
termination of this Agreement, SmartData will remove your stored data
files from main storage and archives within five (5)-day period from
termination notice. Paragraphs 7,8, 9, 10, 11, 12, 13 and 14 of this
Agreement (and any other provision that can be reasonably construed to
survive termination) will survive termination of this Agreement.
Any notice under this Agreement given by SmartData to You will be deemed
to be properly given if sent by email to Your email address as set forth
in the Registration Information, or by a startup screen that starts before
Your next use of the Service or by written communication mailed by first
class U.S. mail to Your address on record in the Registration Information
or by a display about the changed information in the agreement on the
index page if the change is generic. It is important that you maintain
a correct working email id and update it if necessary to be able to receive
SmartData's communication. Any notice under this Agreement given by You
to SmartData will be deemed to be properly given if received by email
sent to IBackup's Customer Service at support@ibackup.com, except those
that are related to cancellation or termination of the account. User
is expected to email webbackup@smartdata.com with the subject 'Cancel
Account' and provide necessary information for cancellation. On successful
cancellation of account by the user, or by SmartData due to various reasons
including non-payment for the services, user data files will be removed
within five (5)-day period from cancellation date from main storage as
well as archives.
This Agreement will be enforced to the fullest extent permitted by applicable
law. If for any reason any provision of this Agreement is held to be
invalid or unenforceable under applicable law to any extent, then (a)
such provision will be interpreted, construed or reformed to the extent
reasonably required to render the same valid, enforceable and consistent
with the original intent underlying such provision and (b) such invalidity
or unenforceability will not affect any other provision of this Agreement.
13. Modifications to this Agreement
The terms and conditions of this Agreement may be changed by SmartData
from time to time. Upon any such change, SmartData will notify You of
such change. Your use of any Services after such notification will constitute
Your acceptance of such changed terms and conditions.
Your right to use the Service is personal to You, and You will not assign
any of Your rights, obligations or interest in this Agreement or Your
Account. Without limiting the foregoing, this Agreement is binding upon
and inures to the benefit of the parties and their respective successors
and assigns. SmartData's failure to insist upon or enforce strict performance
of any provision or right of this Agreement will not be construed as
a waiver of any provision or right. This Agreement will be governed by
the laws of the State of California, without regard to its conflict of
laws rules. The provisions of the U.N. Convention on Contracts for the
International Sale of Goods and any successor treaties will not apply.
You consent to the venue and exclusive jurisdiction of the state and
federal courts located in Los Angeles County, California, U.S.A., with
regard to any claim arising under or otherwise occurring by reason of
this Agreement or Your use of the Service or Your Account. You will commence
any claim or cause of action arising under or otherwise occurring by
reason of this Agreement within one (1) year after the claim or cause
of action arises or such claim or cause of action is forever barred.
This Agreement constitutes the entire agreement of the parties with respect
to the subject matter hereof and supersedes any and all prior and contemporaneous
understandings and agreements.
Privacy Policy
SmartData Technologies, Inc. and Pro Softnet Corp. has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this website: www.smartdata.com.
1. What is WebBackup and why is my information needed?
WebBackup provides the registered user Online Backup, Online Storage,
Sharing and Collaboration services over Internet. SmartData and Pro Softnet
Corp. makes the WebBackup and IBackup service available for a number
of different technology needs. Because WebBackup and IBackup is Web based,
it requires the use of first and last names, a password, and valid email
address. Therefore, at a minimum, we require such necessary information
during the registration process.
2. What information does WebBackup gather and how is it used?
Because of the nature of our product, we must collect personal information from users during the registration process, including first and last names, an email address and a password. Your email address may be used to send you periodic information about WebBackup and related products, but only upon your express consent. Because of our commitment to present the best possible product to all our users, we track the category of services selected by our individual users as well as all information pertaining to user satisfaction. To ensure the quality of our product, we reserve the right to maintain evaluation and feedback records indefinitely.
SESSION RECORDS: To maintain our quality of service and to assist in the analysis of product performance, we may also gather data on connection information, including the timing and size of all packets sent over the Internet during a session. The gathered information is used only to ensure the highest quality experience possible at WebBackup.
SURVEYS: In addition to required member information, we may conduct
surveys and ask users to volunteer demographic information to be used
on an aggregate basis for internal market research, joint research projects
with outside companies involved in product development. We use such information
to better focus our product and personalize the scope of services offered
to each individual user.
3. With whom does WebBackup share the information?
We do not voluntarily share personally identifiable information with
any third party without the user's express consent or unless compelled
by applicable state and federal laws. WebBackup does not control the
practices of our affiliates. If you have questions about how affiliates
use the information gathered when you link to them, please read their
privacy policies.
Choice/Opt-Out
Our site provides users the opportunity to opt-out of receiving communications
from us at the point where we request information about the visitor.
This site gives users the following options for removing their information
from our database to not receive future communications or to no longer
receive our service.
Security
Your Password should never be shared with anyone unless you intend to
do collaborative work with others who need read/write access to your
files . When we receive certain types of sensitive information such as
financial information, we redirect visitors to the secure portion of
our site using industry standard SSL . This site has security measures
in place to protect the loss, misuse and alteration of the information
under our control. The user data is password protected. For details,
please see Terms of Service. WebBackup uses cookies for user session
tracking. The cookies are used solely for identifying user sessions and
do not store any personal information regarding the user.