Terms and Conditions
End User License Agreement
Last update: 04 December, 2008
PLEASE READ THIS AGREEMENT CAREFULLY
This license agreement is a legal agreement between you (either an
individual or an entity) and Plexus Business Solutions Limited,
trading as Plexus Online Backup. By downloading the software,
clicking an "ACCEPT" or “BUY NOW” or “TRY”
button during installation or purchase, and every time you use the
software, you are agreeing to be bound by the terms of this
agreement.
DEFINITIONS:
(a) "Plexus Online Backup," "we," and "us" means Plexus Business
Solutions Limited Trading as Plexus Online Backup, its
subsidiaries, owners, investors, vendors, suppliers, executives and
employees. (b) "You," "subscribers," "your", "user," and "users"
means the individual or entity using Plexus Online Backup products
or services. (c) "Data," means all files you have backed up to the
Plexus Online Backup service, and any other records associated with
your Plexus Online Backup account. (d) "Service" means all services
provided by Plexus Online Backup. (e) "Software" means the Plexus
Online Backup application(s) installed on your computer.
GRANT OF LICENSE:
This License Agreement permits you to use one copy of the Plexus
Online Backup software on one computer, for purposes of accessing
the Plexus Online Backup Service only. If you have signed up for
multiple accounts with Plexus Online Backup, this License Agreement
permits you to use one copy of the Plexus Online Backup software on
each computer, one computer per account. This license is
non-transferable, and non-sub licensable.
COPYRIGHT:
The SOFTWARE and accompanying materials (including any images,
"applets", photographs, animations, video, audio, music and text
incorporated into the SOFTWARE and accompanying materials) is owned
by Plexus Online Backup and is protected by UK copyright laws and
international treaty provisions and all other applicable national
laws. Therefore, you must treat the SOFTWARE and accompanying
materials like any other copyrighted material (e.g. a book or
musical recording) except that you may either (a) make one copy of
the SOFTWARE solely for backup or archival purposes or (b) transfer
the SOFTWARE to a single hard disk provided you keep the original
solely for backup or archival purposes. You may not copy the
documentation accompanying the SOFTWARE. You may not repackage the
Software for further distribution by any means.
ACCEPTABLE USE:
You are solely responsible for your behaviour and your data stored
and retrieved using the Plexus Online Backup Service. You agree to
indemnify, defend, and hold harmless Plexus Online Backup from any
and all loss, cost, liability, and expense arising from or related
to your data, your use of the Service, or your violation of these
terms.
The Plexus Online Backup Software and Service are made available to
you only for your personal use or for use within your own business
(depending on the version of Plexus Online Backup to which you
subscribe), which use must be in compliance with all applicable
laws, rules and regulations and must not infringe or violate third
party rights. Any unauthorised use of the Plexus Online Backup
Software, Service, servers or networks is a violation of this
Agreement. Such violations may subject the unauthorised subscriber
or user and his or her agents to civil and criminal
penalties.
SERVICE-SPECIFIC RESTRICTIONS ON USE:
Certain Plexus Online Backup products and subscription levels have
certain limitations, including and not limited to the types of
files you can back up, the schedule on which your backups operate,
the bandwidth available to you, and the features available to you.
You agree not to circumvent these limitations in any way, including
and not limited to, circumventing settings that do not have a user
interface, and using Plexus Online Backup Personal Edition for
commercial applications.
SOFTWARE EDITIONS:
Plexus Online Backup Personal Edition is for home or personal
non-commercial use only. Plexus Online Backup Business Edition is
for commercial business use. It is a material violation of this
Agreement to use Plexus Online Backup Home Edition for business
use.
FILE PROTECTION:
You are solely responsible for protecting the files on your
computer by installing anti-virus software, updating your
applications, password protecting your files, and preventing third
party access to your computer. You understand that Plexus Online
Backup may back up files that are no longer usable due to
corruption from viruses, software malfunctions or other causes.
This might result in you restoring files that are no longer usable.
If your Data contains viruses or other malicious code, Plexus
Online Backup may deactivate this code as a by-product of its
encryption features; however, Plexus Online Backup will back up
this code along with your Data. Upon restoration, this code may
become re-activated. Such viruses and malicious code backed up by
any one user will not affect other users while it is stored with
the Plexus Online Backup service.
FILE RETENTION POLICY:
Plexus Online Backup sets file retention policies according to the
features of the account you subscribe to. You agree to carefully
read and understand these file retention policies as they relate to
your subscription, and to hold Plexus Online Backup harmless when
it deletes data that falls outside the File Retention Policy
associated with your account.
STORAGE SPACE QUOTA:
Plexus Online Backup accounts have storage quotas. If you use more
storage space than the amount allocated to your account, you hereby
authorise Plexus Online Backup to charge your credit card for the
overage, according to the schedule currently posted on the Plexus
Online Backup web.
USERNAMES, PASSWORDS AND ENCRYPTION KEYS:
Plexus Online Backup may require that you establish a Username,
Password, and (optionally) an Encryption Key to protect your
account and your Data stored with Plexus Online Backup. You are
solely responsible for any consequences that arise in whole or in
part from your compromise of your Username, Password, or Encryption
Key. Plexus Online Backup assumes no liability to supply you with
your Username, Password, or Encryption Key. You understand and
agree that Plexus Online Backup cannot access your Data, and that
if you forget or lose your Username, Password, or Encryption Key,
Plexus Online Backup may not be able to restore your Data.
Your Data is encrypted before it is sent to the Plexus Online
Backup data centres, and remains encrypted when it is stored there.
If you used a Private Encryption Key, Plexus Online Backup cannot
view the data you back up using the Plexus Online Backup service.
If you forget your Private Encryption Key, you will not be able
(and Plexus Online Backup cannot assist you) to restore your
Data.
CONSENT TO COLLECT INFORMATION:
The Plexus Online Backup service may collect non-personally
identifiable information that resides on your computer including,
and not limited to, statistics relating to backup times and status,
performance metrics relating to the Plexus Online Backup Software,
configuration settings, and file headers (but not the contents of
files). This information collected will be sent to Plexus Online
Backup and may be used by Plexus Online Backup without restriction.
You agree that Plexus Online Backup may use such data as we see fit
to improve our service to you.
TERM:
This Agreement becomes effective when you register for Plexus
Online Backup services. It remains in effect until your account is
terminated.
TERMINATION:
You may terminate this Agreement at any time by uninstalling the
Plexus Online Backup Software and cancelling your subscription,
following the instructions on the Plexus Online Backup web site.
You will receive a pro-rata refund of the unused portion of your
subscription fee.
This Agreement automatically terminates if you fail to comply with
this Agreement. Plexus Online Backup reserves the right to refuse
or discontinue any subscription at any time at its sole discretion.
You agree that, upon termination, you will uninstall the Plexus
Online Backup Software and that your subscription and access to the
Plexus Online Backup service will immediately terminate.
Upon termination Plexus Online Backup will use reasonable efforts
to make your data available for you to download for a period of
three (7) days. Notwithstanding, Plexus Online Backup is under no
obligation to provide you with a copy of your Data after
termination and may, at its sole discretion and without liability,
destroy or retain any Data after termination.
The terms of the Sections entitled Consent to Collect Information,
Copyright, Disclaimer of Warranties, Limitation of Liability, and
Miscellaneous will survive termination of this Agreement.
RESTRICTED USES:
You may not install or use this software on computers that are
connected to life-saving or life-support medical equipment, nor on
any equipment used in the production or administering of drugs or
breathable gasses, nor on any equipment used in connection with
nuclear, power generation, aviation or mass transit applications,
nor with any application or on any computer that, through
malfunction or misuse, could directly or indirectly cause personal
injury, death, physical damage or destruction.
OTHER RESTRICTIONS:
You hereby agree not to reverse engineer, decompile or disassemble
the Software. You agree not to analyse the software, its data
files, or transmission protocols in an attempt to discover its
systems and methods of operation. You agree not to communicate to
others any discovery of technical procedures, systems and methods,
or protocol of the Software or Service. You hereby agree that the
Software does not infringe on any patent, copyright, trademark, or
other intellectual property rights under your control either
directly or indirectly, or under the control of any company or
other entity to which you report. You agree to hold harmless Plexus
Online Backup, its suppliers, vendors, owners and employees in any
intellectual property dispute that might arise from the discovery
or disclosure of such information by you as a result of a violation
of this paragraph. You may not use the Plexus Online Backup
Software with any service or server other than the Plexus Online
Backup Service. You may not access the Plexus Online Backup Service
with any software not provided to you by Plexus Online
Backup.
CUSTOMER SUPPORT:
Plexus Online Backup may, at its sole discretion, provide customer
support through whatever means and on whatever schedule we set.
This means that live customer support might not be provided during
certain hours or on certain days (for example, UK National
Holidays), and might be provided only through certain channels or
vehicles such as email, live online chat, telephone, remote
control, or an automated online help system. We may offer support
using technicians in the UK or any other country. Plexus Online
Backup maintains an automated online help system that operates
24x7x365, which is capable of automatically solving as many as 90%
of cases without the intervention of a live technician.
Plexus Online Backup cannot provide support for, and is not
responsible for, problems affecting the Service which are caused by
any external software, hardware, or service. This includes routers,
firewalls, network interface devices, Internet connections,
antivirus software, disk management software, or any other
software, hardware, or service that might hamper the proper
operation of the Plexus Online Backup Software or Service. You
agree to properly and promptly report support issues through the
proper channels, to completely explain your issue, to read your
email or check with the Online Help Desk System to view our
response, and to reply promptly when we request further information
and/or offer suggestions.
Plexus Online Backup is not responsible for your receipt of our
emails, nor of our receipt of your emails. If you are not receiving
our emailed replies, check your spam filters, or make sure we have
your correct email address. All emails from Plexus Online Backup
come from an email address @PlexusBackup.net. If we are not
receiving your emails, make sure you are sending them to the
correct address, that your emails are not being blocked by outbound
spam filters, and that your mail server is not on any spam lists or
real time black hole lists. Because of difficulties imposed by spam
software, we strongly suggest you use our web-based Help and
Contact systems instead of email.
REMOTE SUPPORT:
Plexus Online Backup may, at its sole discretion, offer you the
option of having a support technician remotely control your
computer in order to resolve an issue. You will have the option of
accepting or declining this offer. Plexus Online Backup cannot
access your computer without your approval. If you approve, the
support technician will then be able to control your mouse and
keyboard, view your monitor, and have full access to your computer
and its unencrypted data.
In this case, you hereby give special permission for Plexus Online
Backup to access your personal and unencrypted data on your
computer. You hold Plexus Online Backup and the attending support
technician harmless for any liability that might arise as a result
of a remote control operation, including and not limited to
disclosure of personal information, disruption of business, and
loss of data. Our remote control software will be automatically
removed from your computer when our technician disconnects. You
hereby re-affirm your acceptance of the sections of this Agreement
entitled LIMITED WARRANTY, CUSTOMER REMEDIES, and NO OTHER
WARRANTIES and agree that those sections apply fully to your remote
control session.
SOFTWARE UPDATES:
From time to time Plexus Online Backup releases updates for the
Software. The Software has the ability to automatically update
itself by downloading an update and applying it. However, because
firewalls, routers, and anti-virus software can sometimes block the
download, Plexus Online Backup is not liable for the failure of
this update process. You are responsible for making sure your
installation of the Software is up to date. Plexus Online Backup
may, at its sole discretion, refuse to provide support (but not
Services) for software that is older than the current
version.
EXPORT CONTROLS:
You may not download or otherwise export or re-export the Software
or any underlying information or technology except in full
compliance with all UK and other applicable laws and regulations.
In particular, but without limitation, none of the Software or
underlying information or technology may be downloaded or otherwise
exported or re-exported (i) into (or to a national or resident of)
Cuba, Haiti, Iraq, Libya, North Korea, Syria or any other country
to which the U.S. has embargoed goods; or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you are agreeing to the
foregoing and you are representing and warranting that you are not
located in, under the control of, or a national or resident of any
such country or on any such list.
CHANGES TO THIS AGREEMENT AND SERVICE:
Plexus Online Backup reserves the right to make changes to, modify,
suspend, or discontinue providing service in part or in whole at
its sole discretion. Plexus Online Backup will make reasonable
efforts to notify you of any such event by sending an email to the
email address associated with your Plexus Online Backup account
and/or by posting a notice on the Plexus Online Backup website.
Under no conditions will Plexus Online Backup be liable to you or
to any third party for any event defined in this paragraph. Plexus
Online Backup reserves the right to modify this Agreement without
liability to you. The modified agreement will become effective for
existing subscribers 15 days after it has been posted on the Plexus
Online Backup web site. You agree to be bound by the terms of the
modified agreement. If you do not agree, you must terminate your
subscription immediately.
DISCLAIMER OF WARRANTIES:
PLEXUS ONLINE BACKUP SOFTWARE AND SERVICE ARE PROVIDED "AS IS,"
WITH NO WARRANTIES WHATSOEVER. PLEXUS ONLINE BACKUP EXPRESSLY
DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS,
IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY
WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND
PERFORMANCE OF THE SOFTWARE OR SERVICE. YOU UNDERSTAND AND AGREE
THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND SERVICE MADE
AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SERVICE,
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR
SERVICE.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL PLEXUS ONLINE BACKUP, OR ITS
SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE
SOFTWARE OR SERVICE WHETHER SUCH CLAIM IS BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF
PLEXUS ONLINE BACKUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES).
WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF
PLEXUS ONLINE BACKUP, AND ITS SUPPLIERS, RESELLERS, PARTNERS AND
THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THE SOFTWARE
OR SERVICE SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO
PLEXUS ONLINE BACKUP FOR THE SOFTWARE OR SERVICES.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE OR
SERVICE, FROM INABILITY TO USE THE SOFTWARE OR SERVICE, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE OR SERVICE
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION
SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
MISCELLANEOUS
ENTIRE AGREEMENT:
This instrument is the entire agreement between you and PLEXUS
ONLINE BACKUP. Oral changes and agreements have no effect. This
agreement may be altered only by a written agreement signed by an
executive of Plexus Business Solutions Limited.
ACCEPTANCE OF THESE CONDITIONS:
By clicking the "I AGREE" button or typing "I AGREE" in the space
provided, or by downloading, installing or using the Software, you
accept the terms of this license agreement. You agree that you
fully understand the capabilities of the Software and Service, and
the terms of this Agreement, and that you accept the Software and
Service as-is. By accepting this license, you agree that you will
not reverse any credit card charge for this purchase.
Plexus Online Backup may, in its sole discretion, transfer or
assign all or any part of its rights in the Plexus Online Backup
Software or Service, and any license or contract related thereto,
and may delegate all or any portion of its duties, if any, for any
Plexus Online Backup Software or Services, licenses, or other
contracts.
This agreement shall be governed by the laws of England and Wales
and shall inure to the benefit of Plexus Online Backup and any
successors, administrators, heirs, and assigns. Any action or
proceeding brought by either party against the other arising out of
or related to this agreement shall be brought only in the
jurisdiction of the Courts of England and Wales,
. You hereby consent to in personam jurisdiction of said courts.
The foregoing notwithstanding, Plexus Online Backup retains the
right to institute action in any court of competent jurisdiction to
enforce its rights under this Agreement.
For clarifications or questions regarding this Agreement, please
contact Plexus Online Backup
To make an enquiry, please contact us on:
