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1. Services and Conditions of Use
Welcome to SearchDataBackup.com! As part of our service, SearchDataBackup.com agrees to provide you with information libraries, bulletin boards and other computer services that SearchDataBackup.com may decide to offer, subject to the terms of this Agreement. Upon notice published through 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 consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as "Customer" from time to time in this Agreement.
2. Rules For Online Conduct For SearchDataBackup.com
By using SearchDataBackup.com, you agree that you will not post any of the following material in SearchDataBackup.com chat rooms, bulletin boards, or other forums ("postings"):
- Material that defames abuses or threatens others.
- Statements that are bigoted, hateful or racially offensive.
- Material that advocates illegal activity or discusses illegal activities with the intent to commit them.
- Unauthorized copyrighted material.
- Material that contains vulgar, obscene or indecent language or images.
- Advertising or any form of commercial solicitation.
- Material that does not pertain to the room or bulletin board's given topic.
Statements or postings that violate the above terms will be deleted from postings upon discovery. Depending on the nature of the violation, SearchDataBackup.com at its sole discretion may terminate Customer's account.
3. Software Libraries and Copyrighted Materials
Only public domain software or graphics files or files where the owner has given express permission for online distribution may be posted to bulletin boards on SearchDataBackup.com. The posting of any other type of file and the posting of links to any other type of file is strictly forbidden. The following types of files are examples of strictly forbidden postings:
Unauthorized copies of copyrighted photographs, drawings, graphics, text or other writings, computer programs or other software, recordings or designs; files containing advertisements or solicitations aimed at persuading other members to use certain goods or services, material of a sexually explicitly 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 owner of the copyright on the material. Customer acknowledges that only the owner or someone authorized by the owner to post the material may do so. The downloading of copyrighted material is allowed by Customers only for Customers' own use. Customers may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on SearchDataBackup.com is not protected by copyright rests with the Customer. Customer acknowledges that SearchDataBackup.com and/or third-party content providers remain the owners of the posted materials, and that Customer does not acquire any of those ownership rights by downloading copyrighted materials.
SearchDataBackup.com reserves the right to take action against any Customer who is defaming, harassing or otherwise offending another Customer through SearchDataBackup.com, if it comes to SearchDataBackup.com's attention that this type of abuse is occurring, as is more fully set forth in Section 2 containing the Rules for Online Conduct.
5. Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. SearchDataBackup.com SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, SearchDataBackup.com DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT SearchDataBackup.com IS NOT LIABLE 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 CUSTOMER.
NEITHER SearchDataBackup.com NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
All trademarks appearing on SearchDataBackup.com are trademarks of their respective owners.
SearchDataBackup.com may give notice to Customers by means of a general notice on SearchDataBackup.com, electronic mail to Customer's e-mail address on record in SearchDataBackup.com's account information, or by written communication sent by first class mail to a Customer's address on record in SearchDataBackup.com's account information. You may give notice to SearchDataBackup.com (such notice shall be deemed given when received by SearchDataBackup.com at any time by any of the following:
- electronic mail to [email protected]SearchDataBackup.com;
- letter faxed to SearchDataBackup.com at the following fax number: (617) 431-9201;
- letter delivered by first class postage prepaid mail or courier to SearchDataBackup.com at the following address:
275 Grove Street
Newton, MA 02466
Customer agrees to indemnify and hold SearchDataBackup.com harmless from any dispute which may arise from a breach of terms of this Agreement. Customer agrees to hold SearchDataBackup.com harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Customer's violation of this Agreement, including the Rules of Conduct or any information, software or other content placed on SearchDataBackup.com by Customer.
9. Termination of Service
User may terminate this Agreement and User's right to use SearchDataBackup.com notifying SearchDataBackup.com using the contact information provided in Section 7. SearchDataBackup.com may terminate your account or access rights to this Service at any time, without notice, for conduct that SearchDataBackup.com believes violates this Agreement or other policies or guidelines that SearchDataBackup.com has posted on SearchDataBackup.com. SearchDataBackup.com may terminate your account or access rights to this Service for online conduct that SearchDataBackup.com believes is harmful to other Customers, to SearchDataBackup.com's business, or to other information providers.
10. Choice of Law
This Agreement shall be construed and controlled by the laws of the State of Massachusetts. Further, the laws of the State of Massachusetts will govern any dispute arising from the terms of this agreement or a breach of this Agreement. Customer agrees to personal jurisdiction by 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 previous and contemporaneous agreements, proposals and communications, written or oral between SearchDataBackup.com representatives and Customer. SearchDataBackup.com may amend or modify this Agreement or impose new conditions at any time upon notice from SearchDataBackup.com to Customer as published through SearchDataBackup.com. Any use of SearchDataBackup.com by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions.
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