Terms Of Service

General Terms

These terms of service (“Terms” or “Terms of Use”) govern your access and use of all BackItUp  services (the “Services”) and any software we distribute. Please read them carefully before using the Services.

  1. By using the Services you agree to be bound by these Terms in their entirety for the period of time agreed between the parties (the “Fixed Contract Period”), such period to be renewed automatically in accordance with these Terms.
  2. If you are using the Services on behalf of an organisation then you are agreeing to these terms for that organization and are warranting that you have the authority to bind that organization to these terms. In that case “you” and “your” will refer to that organisation.
  3. You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with BackItUp and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.

Your Files and Privacy

  1. By using our Services you provide us with information, files, and folders that you submit to BackItUp (together, “your files”). You retain full ownership to your files. We don’t claim any ownership of any of your files. These Terms do not grant us any rights to your files or intellectual property except for the limited rights that are needed to run the Services, as explained below.
  2. We may need your permission to do things you ask us to do with your files, for example, hosting your files, or sharing your files at your discretion. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.
  3. To be clear, aside from the rare exceptions we identify in the BackItUp Privacy Policy, no matter how the Services change, we won’t share your content with others, including law enforcement, for any purpose unless you direct us to. How we collect and use your information generally is also explained in the BackItUp Privacy Policy.
  4. You are solely responsible for your conduct, the content of your files, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
  5. We may choose to review public content for compliance with our community guidelines, but you acknowledge that BackItUp has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.

Sharing

  1. The Services provide features that allow you to share your files with others or to make your files public. There are many things that users may do with your files (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. BackItUp has no responsibility for that activity.

Modifications

  1. We may revise these Terms from time to time and the most current version will always be posted on the BackItUp website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised terms and conditions. If you do not agree to the revised terms and conditions, please stop using the Services.

Software and Updates

  1. Some of our Services require you to download a client software package (“Software”). You are granted a limited, nonexclusive, non-transferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available. Your acceptance of such updates is required under the Terms.

Account Security

  1. You are responsible for safeguarding the password that you use on your BackItUp account to access the Services (the “Account”) and you agree not to disclose your password to any third party. You are responsible for any activity using your Account, whether or not you authorized that activity. You should immediately notify BackItUp of any unauthorized use of your Account.

Your General Responsibilities

  1. Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not BackItUp, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Services.
  2. You, and not BackItUp, are responsible for maintaining and protecting all of your files. BackItUp will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files.
  3. If your contact information, or other information related to your Account, changes, you must notify us promptly and keep your information current.

Limitation of Liability

  1. THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BackItUp will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.
  2. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BACKITUP, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BACKITUP HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF £20 OR THE AMOUNTS PAID BY YOU TO BACKITUP FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.

30 Day Money Back Guarantee

Some Services are advertised as including a money back guarantee. To receive a refund under the guarantee you must inform us before the end of the advertised money back guarantee period. If you do not claim a refund of fees during this period then no refund will be due.

Acceptable Use

You agree not to misuse the BackItUp Services. For example, you must not, and must not attempt to, use the Services to do the following things.

  1. Probe, scan, or test the vulnerability of any system or network;
  2. Breach or otherwise circumvent any security or authentication measures;
  3. Access, tamper with, or use non-public areas of the Service, shared areas of the Service which you have not been invited to, BackItUp (or our service providers’) computer systems;
  4. Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
  5. Plant malware or otherwise use the Services to distribute malware;
  6. Access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
  7. Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  8. Publish anything that is fraudulent, misleading, or infringes another’s rights; promote or advertise products or Services other than your own without appropriate authorization;
  9. Impersonate or misrepresent your affiliation with any person or entity;
  10. Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
  11. Violate the law in any way, or violate the privacy of others, or defame others.

 Misc

Please note: we do not support the backup of removable or portable media (e.g. pen drives, CDs, DVDs, flash drives, mobile devices, iPods, etc) due to the way the Operating Systems categorises the devices. Whereas external HDs are read by the OS as local hard drives and therefore, these can be backed up with the Livedrive software.