welcome to SearchDataBackup.com! As part of our service, SearchDataBackup.com is committed to providing you with information libraries, message boards and other computer services that SearchDataBackup.com may decide to offer, subject to the terms of this Agreement. On notice published by SearchDataBackup.com, SearchDataBackup.com may modify this Agreement at any time. You agree and continue to agree to use SearchDataBackup.com Services in a manner that complies with all applicable laws and regulations and in accordance with the terms and conditions set forth in the policies and guidelines described below. Please note that you will be referred to from time to time as a “customer” in this Agreement.
2. Online Rules of Conduct for SearchDataBackup.com
Using SearchDataBackup.com, you agree not to post any of the following in SearchDataBackup.com chat rooms, electronic bulletin boards or other forums (“publications”):
- Defamatory, abusive or threatening material of others.
- Fanatic, hateful or racist statements.
- Material that advocates illegal activities or discusses illegal activities with the intention of committing them.
- Material protected by unauthorized copyright.
- Material containing vulgar, obscene or indecent language or images.
- Advertising or any form of commercial solicitation.
- Material that does not relate to the given topic of the room or bulletin board.
Statements or posts that violate the above conditions will be removed from posts upon discovery. Depending on the nature of the offense, SearchDataBackup.com at its sole discretion, may terminate the Client’s account.
3. Software Libraries and Copyrighted Materials
Only public domain software or graphic files or files for which the owner has given express permission for online distribution may be posted on message boards at SearchDataBackup.com. Uploading any other type of file and setting up links to any other type of file are strictly prohibited. The following types of files are examples of strictly prohibited posts:
Unauthorized copies of photographs, drawings, graphics, text or other writings protected by copyright, computer programs or other software, recordings or designs; files containing advertisements or solicitations intended to persuade other members to use certain goods or services, material of a sexually explicit nature, including photographs and text.
Copyrighted material, including, without limitation, text, photographs, sound, video, and music, may not be placed on SearchDataBackup.com without the express permission of the author or the owner of the copyright in the material. The customer acknowledges that only the owner or a person authorized by the owner to post the material can do so. Downloading of copyrighted material is permitted by customers only for their own use. Customers may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The onus of determining that any information, software or other content on SearchDataBackup.com is not protected by copyright belongs to the Customer. The customer acknowledges that SearchDataBackup.com and / or third-party content providers remain the owners of any posted material, and this customer does not acquire any such proprietary rights by uploading copyrighted material.
SearchDataBackup.com reserves the right to take action against any client who defames, harasses or offends another client by SearchDataBackup.com, if it is SearchDataBackup.comAttention to this type of abuse occurs, as is further discussed in Section 2 of the Online Rules of Conduct.
5. Limitation of liability and warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT ITS OWN RISK. SearchDataBackup.com THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES FOR THE INFORMATION, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED BY OR IN CONNECTION WITH THE SERVICE, Y INCLUDED WITHOUT LIMITATION THE RESULTS OF THE SERVICE. MORE PRECISELY, SearchDataBackup.com DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES REGARDING THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER APPLIES TO ANY DAMAGE OR INJURY CAUSED BY ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR ACCESS NOT PERMITTED FOR ALTERATION OR USE OF A RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. THE CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT SearchDataBackup.com IS NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE CUSTOMER.
NO MORE SearchDataBackup.com NEITHER ANY OF ITS AGENTS, AFFILIATES, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM USE OF THE SERVICE OR INABILITY TO ACCESS OR USE THE SERVICE OR ANY BREACH OF ANY WARRANTY. CUSTOMER ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION WILL APPLY TO ALL CONTENT OF THE SERVICE.
All brands appearing on SearchDataBackup.com are trademarks of their respective owners.
SearchDataBackup.com may notify Customers by means of a general notice on SearchDataBackup.com, e-mail to the customer e-mail address registered in SearchDataBackup.comaccount information of, or by written communication sent by first class mail to a customer’s address registered in SearchDataBackup.comthe account information of. You can give notice to SearchDataBackup.com (such notice will be deemed given when received by SearchDataBackup.com at any time by one of the following:
- email to [email protected]SearchDataBackup.com;
- letter sent by fax to SearchDataBackup.com at the following fax number: (617) 431-9201;
- letter delivered by prepaid first class mail or courier to SearchDataBackup.com to the following address :
275 Grove Street
Newton, MA 02466
The customer undertakes to indemnify and retain SearchDataBackup.com free from any dispute that may arise from a violation of the terms of this Agreement. The customer agrees to keep SearchDataBackup.com free from all claims and expenses, including attorney’s fees and reasonable legal costs, relating to the breach by the client of this agreement, including the rules of conduct or any information, software or other content placed on SearchDataBackup.com by the customer.
9. Termination of service
The user may terminate this agreement and the user’s right to use SearchDataBackup.com notify SearchDataBackup.com using the contact details provided in section 7. SearchDataBackup.com may terminate your account or your rights to access this Service at any time, without notice, for conduct that SearchDataBackup.com believes that it violates this Agreement or other policies or guidelines that SearchDataBackup.com posted on SearchDataBackup.com. SearchDataBackup.com may terminate your account or your rights to access this Service for online conduct that SearchDataBackup.com believes that it is detrimental to other customers, to SearchDataBackup.comor other information providers.
10. Choice of law
This Agreement will be interpreted and controlled by the laws of the State of Massachusetts. In addition, the laws of the State of Massachusetts will govern any dispute arising out of the terms of this Agreement or a breach of this Agreement. Customer accepts the personal jurisdiction of the state and federal courts sitting in the State of Massachusetts.
11. Merger clause
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all prior and contemporary agreements, proposals and communications, written or oral between SearchDataBackup.com representatives and client. SearchDataBackup.com may amend or modify this Agreement or impose new conditions at any time upon notice from SearchDataBackup.com to the Client as published by SearchDataBackup.com. Any use of SearchDataBackup.com by the Customer after such notice will be deemed to constitute acceptance by the Customer of such amendments, modifications or new conditions.
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