BackupandShare Terms of Service:

By signing up for a BackupandShare account you agree that you have read, understand the contents of, and agree to all terms and conditions.

These terms and conditions are between the user and BackupandShare governing use of BackupandShare's services.

Refund of charges

When users (Free, Professional or Corporate) cancel their account, they will not be issued refunds for their most recent (or any previous) billing. The single exception to this is PAID annual subscribers. Annual subscribers who wish to cancel and request a refund may do so within 30 days of the day on which they were charged for their account; in these cases, only a partial refund equivalent to 80% of the annual fee will be returned. Other requests for refunds may be processed at the sole discretion of a BackupandShare sales staff member.

If you have a question while canceling your account, you must give our email staff adequate time to respond to your message.

Restrictions

Unauthorized use of the BackupandShare service, or the resale of said service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party.

Third Party Usage; Limitation on Our Responsibility

All transactions using BackupandShare's services are between the transacting parties only. BackupandShare is not an agent of any transacting party, nor or we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. BackupandShare shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

Links to Third Party Sites

BackupandShare does not endorse any sites on the Internet that are linked through BackupandShare. BackupandShare is providing these links to you only as a matter of convenience, and in no event shall BackupandShare be responsible for any content, products, or other materials on or available from such sites.

User Accounts

You will choose a personal, non-transferable password, and you are responsible for maintaining the confidentiality of your password. You are also responsible for all content and information stored, transferred, and received under your username and password. If you suspect a person has accessed your account without authorization, it is your responsibility to change your password and alert BackupandShare immediately. In addition, you acknowledge that BackupandShare may communicate with you through email. You are responsible for ensuring that BackupandShare has your current email address so that BackupandShare can provide you such communications.

Account Information and Data

BackupandShare does not own any data, information or material that you store in your account, and takes no responsibility whatsoever for the contents of your account. We will not disclose any information regarding you or your account, including any data, without your prior permission except in accordance with this Agreement. Please be aware that BackupandShare does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include personally identifying information. BackupandShare may access your account, including its data, to respond to service or technical problems or as stated in this Agreement. You, not BackupandShare, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data stored in your account. Furthermore, BackupandShare shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.

Payment of Fees

The fees applicable for BackupandShare service are available at www.backupandshare.com and as published within the service. BackupandShare reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us).

User Conduct

You are solely responsible for the content of all data you store or retrieve from your account and from all public folders. You agree to abide by all applicable local, state, national and international laws and regulations in connection with BackupandShare service. In addition, without limitation, you agree not to use BackupandShare service to: (a) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) advertise or promote a commercial product or service that is not available through BackupandShare's services; (c) store or transmit any file containing: (i) unlawful, defamatory, threatening, pornographic, abusive, libelous, or otherwise objectionable material of any kind or nature; (ii) any material that encourages conduct that could constitute a criminal offense; (iii) any code or material that violates the intellectual property rights or rights to publicity or privacy of others; (d) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, or cancelbots; (e) interfere with or disrupt servers or networks connected to BackupandShare service or violate the regulations, policies or procedures of such networks; (f) access or attempt access to BackupandShare service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; (g) harass or interfere with another user's full use and enjoyment of BackupandShare service; or (h) cause, in BackupandShare's sole discretion, inordinate burden on BackupandShare's system resources (i.e. bandwidth). If these resources are not sufficient, you may need to arrange a custom file hosting plan.

Termination

BackupandShare reserves the right to terminate without notice your password, account or use of BackupandShare service and delete any data within BackupandShare service if you fail to comply with this Agreement or for cause of any other nature. You may terminate your user account upon notice to BackupandShare at any time. Upon termination by BackupandShare or at your direction, you may request a file of your data, which BackupandShare will make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. BackupandShare shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.

In addition to other termination provisions, Free Users (free 200 MB accounts) are subject to termination if: (a) the User does not engage in any BackupandShare activity within thirty (30) days of registration, or (b) the User does not engage in any BackupandShare activity for any period of 120 consecutive days. We will send you an email describing the situation and informing you that your account will be closed within seven (7) days unless you begin to use the account during that period. At the conclusion of that seven (7) day period, absent any such activity we will close the account. Any data you may have stored will be lost.

BackupandShare reserves the right to suspend or terminate without notice.

Proprietary Rights

Except for the licenses granted herein, you have no right, title or interest in or to BackupandShare service or any content. You agree that BackupandShare or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to BackupandShare service and content, including, without limitation, text, images, and other multimedia data. BackupandShare and/or other BackupandShare products and services referenced herein are either trademarks or registered trademarks of BackupandShare.

Non-Responsibility; No Warranties; Indemnification

BackupandShare is in no way liable for loss of customer data. Under no circumstances will BackupandShare be held accountable for any loss of customer data. By becoming a BackupandShare user you, the customer, acknowledge that you forfeit the right to hold BackupandShare accountable for any and all technical errors, including loss of user files (customer data).

In the event that BackupandShare concludes offering data storage services, BackupandShare users will receive the option to have their stored files sent to them in CD or other format selected by BackupandShare. BackupandShare does not guarantee length of service.

BackupandShare is not responsible for circumstances beyond its control, including without limitation actions of third parties, force majeure, Acts of God, natural disasters, or similar circumstances. Further, BackupandShare does not provide any warranties respecting its services, and specifically disclaims any warranty of merchantability or suitability for particular purposes.

You agree to indemnify and hold BackupandShare harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including, without limitation, attorneys' fees and costs) resulting from or in connection with your use of BackupandShare services or breach of this Agreement.

In the event that, notwithstanding the foregoing disclaimers and indemnification, BackupandShare is found responsible to any BackupandShare user for any reason whatsoever, BackupandShare's responsibility shall be limited to the amounts actually paid by such user for BackupandShare's services, and shall not include punitive damages or consequential or resulting damages of any nature.

IF YOU BECOME A BACKUPANDSHARE USER YOU ACKNOWLEDGE THE ABOVE MENTIONED TERMS AND ACKNOWLEDGE THAT BACKUPANDSHARE IS IN NO WAY GUARANTEEING THE INTEGRITY AND/OR SECURITY OF YOUR FILES.

Changes

BackupandShare reserves the right to amend the terms and conditions of this Agreement at any time and shall notify you by posting an updated Agreement on www.meganetdrive.com and/or by sending you an email message. Continued use of BackupandShare service after notice is given of such changes shall constitute your consent to such changes.