This is an Agreement between you and BackupElf.com, LLC ("BackupElf"), and this Agreement governs both your legal rights with regards to file backup services ("Services") we provide to you. You explicitly and implicitly agree to be bound by the terms and conditions of this Agreement every time you use our Services.
We may amend this Agreement at any time by posting the amended terms on our Website. Such changes become effective immediately.
Types of Accounts
Currently, BackupElf.com offers both a free account ("Free Account") with a limited amount of storage and a paid account ("Paid Account"). More information on the types of accounts that BackupElf.com offers and the costs involved can be found here. Please read this document in its entirety regarding account restrictions. BackupElf.com reserves the right, at any time, to change or impose fees for access to and use of the Services.
Creating Your Account
To setup your account, you must be at least 18 years of age, able to enter into binding contracts, and able to provide necessary account information to us. Before we can establish your account, we must receive the necessary payment for the Services selected and be able to verify your account information. It is your responsibility to provide us with an active email address. If there are issues with your account, we will always contact you at this ancillary email address. It is your sole responsibility to make sure you maintain and monitor this email address. BackupElf.com reserves the right to immediately terminate your account if you provide false contact information of any kind. If you need assistance in verifying or changing such information, you can contact a BackupElf.com support representative.
Any files you upload to BackupElf.com ("Your Files") are considered to be solely yours, subject to the intellectual property claims of other parties. You are solely responsible for Your Files. BackupElf.com does not claim any ownership rights in Your Files. You acknowledge that BackupElf.com does not have any obligation to monitor Your Files for accuracy, completeness, appropriateness, or legality.
You are responsible for safeguarding the password that you use to access BackupElf.com. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify BackupElf.com of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of Your Files to BackupElf.com, it is your responsibility to use a secure encrypted connection to communicate with the Services.
Consent to Access Your Account/Files
By using BackupElf.com, you consent to allow BackupElf.com to access your account and Your Files as necessary to provide Services to you as well as to insure your compliance with all of our legal documents.
Intellectual Property Infringement
BackupElf.com fully supports and follows the Digital Milennia Copyright Act, the Lanham Act, and other intellectual property laws of the United States of America. As such, you are prohibited from using our Services to infringe upon the intellectual property rights of others, including, but not limited to, unauthorized copying of copyrighted works. All such actions are grounds for the immediate termination of your account. BackupElf.com reserves the right to remove or disable access to infringing material without to you. If you are found, at our sole discretion, to be a repeated violator of intellectual laws, you will be presumed to be willful infringer and your account will be immediately terminated.
If you believe you are the victim of copyright violation by a party using our Services, please contact BackupElf.com immediately. You must provide notice to us in a form that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. ¤ 512(c)(3)(A), which provides that a notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that the you have a good faith belief that use of the material in the manner complained of is not authorized; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. If you do not provide the requisite notice as required above, we are required by law to honor your request.
BackupElf.com services, including all related equipment, networks and network devices are provided only for authorized customer use. BackupElf.com systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of BackupElf.com system(s) constitutes consent to monitoring for these purposes.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
BackupElf.com reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Furthermore, you agree not to do any of the following while using the Services:
- Access or otherwise tamper with BackupElf.com's computer systems, or the technical delivery systems of BackupElf.com's providers;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- Attempt to access our Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by BackupElf.com or other generally available third-party Web browsers;
- Send unsolicited email, junk mail, "spam," or chain letters, or promotions or advertisements for products or services;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or plant malware on BackupElf.com's computer system, those systems of BackupElf.com's providers, or otherwise use the Services to attempt to distribute malware; or
- Impersonate or misrepresent your affiliation with any person or entity.
You agree to make payment for the Services in advance of the time period during which such Services are provided by BackupElf.com. You agree that Services are billing on a recurring basis and unless you notify BackupElf.com of your desire to cancel/modify Services, you will continue to be billed for such Services, even if your account is suspended.
As a BackupElf.com customer, it is your responsibility to ensure that your payment information is up to date, and that fees are paid on time. All Services are billed on a recurring basis, unless otherwise stated in writing by BackupElf.com reserves the right to bill your credit card or billing information on file with us. If you fail to pay any amount due to BackupElf.com within twenty (20) days of its due date, your account will be suspended. If you fail to pay any amount due to BackupElf.com within thirty (30) days of its due date, additional late fees will be charged to your account at one point five percent (1.5%) of the total amount past due. If you fail to pay any amount due to BackupElf.com within 45 days of its due date, your account may be terminated, solely at BackupElf.com's discretion. Your account will not be restored from a suspension until payment in full for past due amounts has been received. BackupElf.com may, at its sole discretion, require you to post a security deposit if you make repeated late payments.
BackupElf.com reserves the right to change the monthly payment amount and any other charges at anytime.
BackupElf.com's acceptance of partial payment does not relieve you of the duty to pay the remaining balance.
No Refunds or Charge-backs
You agree that BackupElf.com offers no refunds for Services and all payments for Services are final. Furthermore, you shall not institute any form or charge-back for any fees paid to us, unless you have been the victim of identity theft and provide us with a valid police report. Any other form of charge-back will result in the immediate termination of your account, your obligation to pay an administrative cost recovery fee of $100.00 to us for each such charge-back, and may subject you to criminal investigation for fraudulently obtaining our Services.
You agree that should BackupElf.com have to institute collection proceedings to recover past due amounts under this Agreement, you will pay for the costs of such collection including reasonable attorneys fees.
Cancellation/Suspension/Termination of Your Account
You may only cancel your account by completing the appropriate paper or online form as found on our Website. Your cancellation shall not be effective until three (3) business days after we have received a properly completed cancellation form unless the account is cancelled through the "My Account" page. You shall remain responsible for payment of any amounts you owe BackupElf.com until this time.
BackupElf.com reserves the right to suspend access to your account or terminate your account, at our sole discretion and at any time with or without notice to you, should you violate the terms of this Agreement.
If your account is suspended, you will not be able to access your account or Your files on our servers until the suspension is lifted. You shall still remain responsible for payment of any amounts you owe BackupElf.com while your account is suspended.
If your account is terminated, you will not be able to access your account as well as any of Your files on our servers. Depending on the egregiousness of your actions, BackupElf.com may, at our sole discretion, provide you with a CD of Your Files. You shall still remain responsible for payment of any amounts you owe BackupElf.com and you shall be responsible for fees up until the date your account is officially terminated by BackupElf.com.
Disk Space Limit
You are allocated a specified amount of disk space allowance. This allowance varies depending on the package you purchase. Should your account pass the allocated amount, BackupElf.com reserves the right to suspend your account until you upgrade to a higher level of package or to simply bill you additional fees for the overages.
For each customer referred to BackupElf.com, you will receive 250 MB per referral of additional storage space up to a limit of 1 GB of storage space. For each customer referred, they will also receive 250 MB of space up to a limit of 1 GB of storage space.
THE SERVICES PROVIDED BY BACKUPELF.COM AND ANY THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED AS IS, AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON OUR WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO OUR SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED $10 FOR FREE ACCOUNTS OR $100 FOR PAID ACCOUNTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold BackupElf.com, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Services; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that Your Files, or your use of Files, caused damage to a third party, including without limitation claims that Your Files, or use of Files, infringe upon the rights of others.
Modification and Waiver
BackupElf.com will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorized representative of BackupElf.com. No delay or omission by BackupElf.com in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
If any part of this Agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
Assignment or Transfer
You will not transfer, assign or delegate your rights or obligations (including your account) under this Agreement to anyone and any attempt to do so will be null and void. BackupElf.com may assign this Agreement in its sole discretion.
Neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
Choice of Law
Any dispute regarding this Agreement shall by governed by law of the State of Arizona in the United States of America, except its conflict of law principles. You agree to submit to the personal jurisdiction of the courts in the State of Arizona in the United States.
This is the entire and exclusive agreement between BackupElf.com and you regarding the Services and supersedes and replaces any prior agreements between BackupElf.com and you regarding Services.
"Non-Personal Information" is information that is in no way personally identifiable and that is obtained automatically through your simple use of our Website with a web browser or our Software.
"Personally Identifiable Information" is non-public information that is personally identifiable and obtained in connection with providing a product or service to you. It may include information name, address, phone number, and financial estimates you provide to us.
Information Collection: The Personally Identifiable Information We Collect
When you enter our Website, we collect Non-Personal Information such as your browser type and IP address. Likewise, in order to offer you meaningful products and services and for other reasons, we may collect Personally Identifiable Information about you from the following sources:
- Information you give us on applications or other forms on our Website and/or Software, OR
- Information about your transactions with us and our affiliates (contractors and service providers)
In order to make email communication secure, you must use an SSL connection when sending email. Please visit our FAQ to learn more.
Use of Personally Identifiable Information
Use of Credit Cards
You may have to provide a credit card to purchase other products and services from our Website. We use 3rd party billing services and HAVE NO CONTROL over these services. We will use our best efforts to make sure that your credit card number is kept STRICTLY CONFIDENTIAL by using only 3rd party billing services that use the latest security encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.
Use By Minors Prohibited
BackupElf.com is committed to protecting the privacy of children. Neither our Website nor our Software are designed or intended for use by individuals under the age of 18 without parental supervision. BackupElf.com is not responsible for determining the age of its users and has no liability whatsoever should a minor use our Website to acquire goods and/or services that would otherwise be prohibited due to the minor's age. BackupElf.com encourages parents to monitor their children's Internet usage as a result.
Links/Postings to Other Websites
Our Website and/or Software may contain links to other websites. BackupElf.com is not responsible for the actions, practices, or content of such websites linked to or from our Website and/or Software. You understand that such websites may have their own legal documents to which you must agree to use such websites and that we have no control over these legal documents. As always, you understand that it is your responsibility to verify your legal use of a website as well as use of information from the website with the corresponding website owner.
Use of Aggregate Data
When We May Disclose Your Information
Except as set forth below or as specifically agreed to by you, BackupElf.com will not disclose any Personally Identifiable Information as gathered from you on our Website.
To operate our Website, to meet your needs for a wide choice of quality products and services, and for other reasons, BackupElf.com may share Personally Identifiable Information with members of our corporate family of companies and others as described below in Sections A through C. However, limits on sharing information apply while your address with us is in Vermont or California as described below in Section D.
- B. We may share Personally Identifiable information we collect, as permitted by law, to companies such as credit reporting agencies, or servicing and processing companies, or in response to a valid legal requirement to release this information such as a state or federal law, regulation, search warrant, subpoena, or court order; or (2) in special cases, such as in response to a physical threat to you or others, to protect property, or defend or assert legal rights. In the event that we are legally compelled to disclose your Personally Identifiable Information to a third party, we will attempt to notify you unless doing so would violate the law or court order.
- C. While your address with us is in Vermont, we will not share information with affiliates and third parties as described in Section C. In addition, while your address with us is in California, we will not share information with third parties as described in Section C, nor will we share information with financial institutions that are not our affiliates with whom we have joint marketing agreements as provided in Section A.
- D. If you prefer that we do not share certain information with our contractors and service provider, as described above, you can direct us not to share that information by contacting us (Privacy@BackupElf.com). Please note that an opt-out with respect to information sharing will not apply to information sharing arrangements described Sections A or B.
Security Policy & User ID/Password
Our site utilizes various information security measures such as internet firewalls, an intrusion detection system, encrypted data transmission, and operating procedures to protect your personal data, accounts, passwords, etc. This information is kept completely separate and confidential; there is no chance of any other user seeing your information unless you have given them your user ID and password. As such, you should protect your user ID and password and NOT share it with anyone. If you believe your user ID and password have been compromised, please contact our technical support department so they can issue you a new user ID/password (Privacy@BackupElf.com).
CAN-SPAM Compliance Note
BackupElf.com and its affiliates fully comply with the federal CAN-SPAM Act. You can always opt out of receipt of further email correspondence from us.
Transfer of Ownership
Should you have a privacy question about our Website and/or Software, please email our customer service department (Privacy@BackupElf.com).
BackupElf.com values your business and your security. As such, we encrypt everything you transmit and store. Nobody can access your files except you or others to whom you give access to your account.
BackupElf.com utilizes secure transmission and storage methods, specifically the AES-256 standard, which is used by the military and large-scale financial organizations.
All files are tied strictly to your unique login.
BackupElf.com uses Amazon Web Services Simple Storage (S3) for data storage. Amazon stores its data over several large-scale data centers. According to Amazon, S3 utilizes military grade perimeter control berms, video surveillance, and professional security staff to keep their data centers physically secure.
More information on Amazon's security can be found at Amazon Web Services' website.
All transmission of file data and metadata occurs over an encrypted channel (SSL). We securely encrypt any data transferred from BackupElf.com over the Internet to block interceptions and eavesdroppers.
Amazon and BackupElf.com also employ significant protection against network security issues, such as Distributed Denial of Service (DDoS) attacks, Man in the Middle (MITM) attacks, and packet sniffing.
BackupElf.com and Amazon keep multiple redundant backups of all data over multiple locations to prevent the remote possibility of issues occurring in data centers.
The files stored on your BackupElf.com account are accessible only to you and only by your login. BackupElf.com employees are permitted access to file metadata (file names and locations) only. This means that none of our employees are allowed to view the contents of the files in your BackupElf.com account.
The information provided in your account profile is used internally for support, maintenance, and improvement of the BackupElf.com service. We understand and guard your privacy to the best of our ability. We do our utmost to protect your information from unauthorized access.
For a fee, you can increase your account storage space on BackupElf.com to more than 100 MB. Because your account would now be a Paid account, it will not be subject to the restrictions placed on Free Accounts, as described below.
BackupElf.com charges the credit card you provide on a monthly basis for the fee assigned to your selected Paid Account. You must pay fees on time, which means BackupElf.com must be able to process your credit card successfully. If BackupElf.com is unable to process your credit card transaction, BackupElf.com reserves the right to suspend or completely revoke access to your BackupElf.com account and files, at our sole discretion. You must pay off your BackupElf.com balance within five (5) days of notification that your account is past due. If you do not, BackupElf.com reserves the right to delete some or all of your files at our discretion in order to reduce your storage space to below 100 MB, which effectively converts your BackupElf.com Paid Account to a Free Account (which is subject to the restrictions described below).
Unless you should cancel your Paid Account, fees will be billed automatically to your credit card from the date you subscribe to or convert to a Paid Account and on each monthly renewal date thereafter. You can view your commencement date for your next renewal period by clicking on your "account" page. Should your Paid Account begin on a day not contained in a given month (i.e. February), BackupElf.com will bill your credit card on the last day of such a month. You acknowledge that the amount billed each month may vary for reasons that include differing amounts due to promotional offers, changes in your account, or changes in applicable sales tax, and you authorize us to charge your credit card for such varying amounts. BackupElf.com may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
In the event you upgrade your Paid Account to a larger amount of storage space, we will reset the commencement date for your next renewal period and bill you for the first month of the upgraded level of service on a pro-rata basis. For example, if you begin your monthly-billed Paid Account on February 15, your next payment would be due on March 15. However, on March 22 you upgrade your Paid Account and pay the new amount associated with the upgraded Paid Account you have selected, less the amount equal to seven days at your previous Paid Account rate. Your next payment would then be due on April 22.
BackupElf.com may exercise its right to, with advance notice to you via email, change any fees and charges in effect, as well as to add new fees and charges from time to time. If you would like to change or update your credit card information, you may do so by accessing your "Account" page. If you fail to update your credit card information before it expires, and you continue to use BackupElf.com, you automatically authorize us to continue billing that credit card and you will be responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information up-to-date.
Cancelling Your Account
Unless or until you cancel or we terminate your BackupElf.com Paid Account, it will continue in effect. In order to avoid be billed for the next month's fees, you must cancel your Paid Account before it renews each month. BackupElf.com will bill the monthly fees associated with your Paid Account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).
BackupElf.com Paid Accounts are prepaid and are non-refundable. BackupElf.com DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS. You may cancel your BackupElf.com Paid Account at any time via your "My Account" page, and cancellation will be effective immediately.
By signing up for a BackupElf.com Paid Account and providing BackupElf.com with your payment account information, you hereby agree to these payment terms and conditions.
BackupElf.com allows you to store up to 100 MB free of charge. BackupElf.com reserves the right to terminate Free Accounts at any time, with or without notice. Without limiting the generality of the foregoing, if a Free Account is inactive for one-hundred and eighty (180) days, then BackupElf.com may delete any or all of your files without providing additional notice.