1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The BackupandMore.com Service ("Service"), owned
and operated by B.U.M. Corporation, ("B.U.M. Corporation"), is
provided to you ("User") under the terms and conditions of this B.U.M. Corporation
Terms of Service (BTS) and any operating rules or policies that may be
published by B.U.M. Corporation The BTS comprises the entire agreement between
User and B.U.M. Corporation and supersedes all prior agreements between the
parties regarding the subject matter contained herein. BY COMPLETING THE
REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE
INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF
THE BTS.
2. DESCRIPTION OF SERVICE
B.U.M. Corporation is providing User with a capability to
send and receive files via the World Wide Web and on B.U.M. Corporation's own
system. User must: (1) provide all equipment, including a computer and modem,
necessary to establish a connection to the World Wide Web; (2)provide for own
access to the World Wide Web and pay any telephone service fees associated
with such access. In consideration for this Service, User agrees to: (1)
provide certain current, complete, and accurate information about User as
prompted to do so by the Service and (2) maintain and update this information
as required to keep it current, complete and accurate. All information
requested on original sign up shall be referred to as registration data
("Registration Data"). Furthermore, User grants B.U.M. Corporation
the right to disclose to third parties certain Registration Data about User
and Service Membership in the aggregate; however, such disclosures will
exclude User's name, email address, and account, unless: (1) User expressly
directs B.U.M. Corporation, or any other person User may specifically
designate to disclose such information through the Service as provided by the
Service or (2) B.U.M. Corporation is required to disclose such information by
any applicable law or legal process served on B.U.M. Corporation. If any
information provided by User is inaccurate, B.U.M. Corporation retains the
right to terminate User's Membership and rights to use the Service.
3. MODIFICATIONS TO TERMS OF SERVICE
B.U.M. Corporation may change the terms and conditions of
the BTS from time to time. Upon any change in the terms and conditions of the BTS,
B.U.M. Corporation will notify you by posting the changes in the "Legal
and Privacy Information" area of the site. User's continued use of the
Service constitutes an affirmative: (1) acknowledgment by User of the BTS and
its modifications; and (2) agreement by User to abide and be bound by the BTS
and its modifications.
4. MODIFICATIONS TO SERVICE
B.U.M. Corporation reserves the right to modify or
discontinue the Service with or without notice to User. B.U.M. Corporation
shall not be liable to User or any third party should B.U.M. Corporation
exercise its right to modify or discontinue the Service.
5. PRIVACY POLICY
It is B.U.M. Corporation's policy to respect the privacy of
its Users. Therefore, in addition to the privacy of registration data as
discussed in Section 2 above, B.U.M. Corporation will not monitor, edit, or
disclose the contents of a User's private data unless required to do so by law
or in the good faith belief that such action is necessary to: (1) conform to
the edicts of the law or comply with legal process served on B.U.M. Corporation;
(2) protect and defend the rights or property of B.U.M. Corporation; or (3)
act under exigent circumstances to protect the personal safety of its Users or
the public. User acknowledges and agrees that B.U.M. Corporation neither
endorses the contents of any User communications nor assumes responsibility
for any threatening, libelous, obscene, harassing or offensive material
contained therein, any infringement of third party intellectual property
rights arising therefrom or any crime facilitated thereby. User acknowledges
and agrees that certain technical processing of content may be required to:
(1) send and receive messages; (2) conform to connecting networks' technical
requirements; (3) conform to the limitations of the Service; or (4) conform to
other similar requirements.
6. User ACCOUNT, PASSWORD, AND SECURITY
Once you become a User of the Service, you shall receive a
password and an account. You are entirely responsible if you do not maintain
the confidentiality of your password and account. Furthermore, you are
entirely responsible for any and all activities which occur under your
account. You may change your password at any time by following instructions.
User agrees to immediately notify B.U.M. Corporation of any unauthorized use
of User's account or any other breach of security known to User.
7. DISCLAIMER OF WARRANTIES
User EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. BACKUPANDMORE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. BACKUPANDMORE.COM MAKES NO WARRANTY THAT THE SERVICE WILL
MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DOES BACKUPANDMORE.COM MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS
IN THE SOFTWARE WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER \ SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. BACKUPANDMORE.COM
MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM BACKUPANDMORE.COM
OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
BACKUPANDMORE.COM SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE
OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE
OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS
OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA
OR OTHER INTANGIBLE, EVEN IF BACKUPANDMORE.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
9. NO RESALE OR COMMERCIAL USE OF THE SERVICE
User's right to use the Service is personal to User.
User agrees not to resell or make any commercial use of the Service, without
the express consent of B.U.M. Corporation.
10. DATA STORAGE AND OTHER LIMITATIONS
B.U.M. Corporation assumes no responsibility for the
deletion or failure to store data.
B.U.M. Corporation retains the right, at B.U.M. Corporation's sole discretion,
to determine whether or not User's conduct is consistent with the letter and
spirit of the BTS and may terminate Service if a User's conduct is found to be
inconsistent with the BTS.
11. USER CONDUCT
User is solely responsible for the contents of his or her
transmissions through the Service. User's use of the Service is subject to all
applicable local, state, national and international laws and regulations. User
agrees: (1) to comply with US law regarding the transmission of technical data
exported from the United States through the Service; (2) not to use the
Service for illegal purposes; (3) not to interfere or disrupt networks
connected to the Service; and (4) to comply with all regulations, policies and
procedures of networks connected to the Service. The Service makes use of the
Internet to send and receive certain messages; therefore, User's conduct is
subject to Internet regulations, policies and procedures. User agrees not to
transmit through the Service any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable material of
any kind or nature. User 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. Attempts to gain unauthorized access to other
computer systems are prohibited. User shall not interfere with another User's
use and enjoyment of the Service or another entity's use and enjoyment of
similar services. B.U.M. Corporation may, at its sole discretion, immediately
terminate Service should User's conduct fail to conform with these terms and
conditions of the BTS.
12. INDEMNIFICATION
User agrees to indemnify and hold B.U.M. Corporation, its
parents, subsidiaries, affiliates, officers and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of User's use of the Service, the violation of this BTS
by User, or the infringement by User, or other user of the Service using
User's computer, of any intellectual property or other right of any person or
entity.
13. TERMINATION
Either User or B.U.M. Corporation may terminate the Service
with or without cause at any time and effective immediately. Termination shall
be accompanied by a written notice to the other party. B.U.M. Corporation
shall not be liable to User or any third party for termination of Service.
Should User object to any terms and conditions of the BTS or any subsequent
modifications thereto or become dissatisfied with the Service in any way,
User's only recourse is to immediately: (1) discontinue use of the Service;
(2) terminate Service Membership; and (3) notify B.U.M. Corporation of
termination. Upon termination of the Service, User's right to use the Service
and Software immediately ceases. User shall have no right and B.U.M. Corporation
will have no obligation thereafter to forward any unread or unsent messages to
User or any third party.
14. NOTICE
All notices to a party shall be in writing and shall be made
either via email or conventional mail. B.U.M. Corporation may broadcast
notices or messages through the Service to inform User of changes to the BTS,
the Service, or other matters of importance; such broadcasts shall constitute
notice to User.
15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
User may enter into correspondence with or participate in
promotions of the Advertisers showing their products on the Service. Any such
correspondence or promotions, including the delivery of and the payment for
goods and services, and any other terms, conditions, warranties or
representations associated with such correspondence or promotions, are solely
between the corresponding User and the Advertiser. B.U.M. Corporation assumes
no liability, obligation or responsibility for any part of any such
correspondence or promotion.
16. PROPRIETARY RIGHTS TO CONTENT
User acknowledges that content, including but not limited to
text, software, music, sound, photographs, video, graphics or other material
contained in either sponsor advertisements or email-distributed, commercially
produced information presented to User by the Service ("Content") by
B.U.M. Corporation or B.U.M. Corporation's Advertisers, is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and
laws; therefore, User is only permitted to use this Content as expressly
authorized by the Service or the Advertiser. User may not copy, reproduce,
distribute, or create derivative works from this Content without expressly
being authorized to do so by the Service or the Advertiser.
17. LAWS
The BTS shall be governed by and construed in accordance
with the laws of the California, excluding its conflict of law provisions.
User and B.U.M. Corporation agree to submit to the exclusive jurisdiction of
the courts of the California. If any provision(s) of the BTS is held by a
court of competent jurisdiction to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions of the
parties with the other provisions remaining in full force and effect. B.U.M. Corporation's
failure to exercise or enforce any right or provision of the BTS shall not
constitute a waiver of such right or provision unless acknowledged and agreed
to by B.U.M. Corporation in writing. User and B.U.M. Corporation agree that
any cause of action arising out of or related to this Service must commence
within one (1) year after the cause of action arose; otherwise, such cause of
action is permanently barred. The section titles in the BTS are solely used
for the convenience of the parties and have no legal or contractual
significance.
