ByteBX.com Terms of Service (TOS)
PLEASE READ THESE TERMS CAREFULLY.
By registering or using any of the ByteBX’s Services you agree to be bound by these Terms. You may use the Services only in compliance with these Terms and only if you have the power to form a contract with ByteBX and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES.
DEFINITION OF TERMS
As used in these Terms and Conditions of Use: "Backup Data" includes any data you back up through Use of the ByteBX Products or Services and any related data. "ByteBX Products or Services" means data backup services, websites (including without limitation, www.bytebx.com), all other documentation, features, tools, ByteBX Software, and any other products or services provided by ByteBX or its authorized agents, distributors, and licensees. "ByteBX Software" means software provided to you or for your use by ByteBX. "Computer" (whether or not capitalized) means a desktop or laptop computer, network device, and any storage device attached to them in any fashion. "Days" (whether or not capitalized) means calendar days. "Personal Information" means information that you may provide at the time of registration or otherwise, such as name, physical location or address, IP address, e-mail address, employment, or similar information that identifies you as a specific individual. To "Publish" documents or information means to provide to or make them accessible to you by mailing, emailing, desktop messaging, faxing, or delivering them to you, or by posting them to www.bytebx.com or any other website you visit to register for, subscribe to, license, buy, or Use ByteBX Products or Services. The "Subscription Period" for any license to use ByteBX Products or Services begins at purchase, regardless of the date of activation, and expires at the end of your specific purchased term. A specific purchased term may be monthly, yearly, multi-year or for another periodic metric. For example, if you are billed on a monthly basis, your Subscription Period is for the month billed. To "Use" or "Using" ByteBX Products or Services means each time you visit a ByteBX website, register with ByteBX, download ByteBX Software, use ByteBX Software to encrypt or back up data, view the status of your Backup Data, store or restore Backup Data, access any Backup Data or request support. "You," "yourself", "user," and "customer" (whether or not capitalized) refer to the individual or legal entity registering for or using the ByteBX Products or Services.
REQUIREMENTS TO USE THE SERVICE
To use the Service, you'll need to have a compatible computer or mobile device with Internet access. If you access the Service using a wireless data plan on your mobile device, you may incur increased charges from your wireless carrier. You are responsible for paying all wireless charges and for all equipment and other third party services you use to access Service. You must have all necessary rights to grant the licenses to ByteBX set forth in these Terms and you represent and warrant to ByteBX that you have such rights and that ByteBX’s exercise of the licenses will not violate applicable law or infringe or violate the rights of any party. You understand and agree that the Service may include certain communications from ByteBX, such as service announcements and administrative messages, and that these communications are considered part of your subscription and you will not be able to opt out of receiving them. ByteBX may also send you promotional offers and news about ByteBX, but you can opt out from receiving those communications at any time unless you have a Free Account.
Your account and any specific URL associated with your account are for your individual use only. You may not resell accounts or any account features. You agree that you will not use the Service to disseminate any advertising, promotional materials, or spam. You agree that you will not use the Software or Service to create, copy, store, transmit, share or distribute any Files, images, sounds, messages or other material which are obscene (as determined in ByteBX 's sole discretion), harassing, racist, malicious, fraudulent or libelous, contain nudity, violate or infringe the rights of third parties, or expose ByteBX to any actual or potential civil or criminal liability.
By using the Service you undertake the obligation that you will not and will not encourage or assist any third party to:
- store or transmit inappropriate Content, such as Content: containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, containing any material that encourages conduct that could constitute a criminal offense, or that violates the intellectual property rights or rights to the publicity or privacy of others; store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware or abuse, harass, stalk or otherwise violate the legal rights of a third party;
- send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
- engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data;
- sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Services to any third party;
- access or attempt to access ByteBX 's other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;
- access or use the Service in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas;
- cause, in ByteBX 's sole discretion, inordinate burden on the Service or ByteBX 's system resources or capacity;
- share passwords or other access information or devices or otherwise authorize any third party to access or use the Software or the Service;
- modify, alter, tamper with, repair or otherwise create derivative works of any Software;
- reverse engineer, disassemble or decompile the Software used to provide or access the Service, including the Software, or attempt to discover or recreate the source code used to provide or access the Service, except and only to the extent that the applicable law expressly permits doing so;
- remove, obscure or alter any proprietary rights notice pertaining to the Service;
- use the Service in connection with the operation of any situations in which the failure of the Service could lead to death, personal injury, or physical property or environmental damage;
- interfere with or disrupt servers or networks used by ByteBX to provide the Service or used by other users' to access the Service, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user's full use and enjoyment of any Software or the Service;
ByteBX reserves the right, in its sole discretion, to deactivate, change and/or require you to change your ByteBX user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Services for any reason or for no reason. ByteBX may exercise such right at any time, with or without prior notice.
To obtain access to certain Services, you may be required to obtain an account with ByteBX (become a "Registered User"), by completing a registration form and designating a user ID and password. When registering with ByteBX you must:
- provide true, accurate, current and complete information about yourself as requested by the Service's registration form (such information being the "Registration Data") and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete. ByteBX may withdraw such approval at any time in its sole discretion, with or without cause.
Only you may use your ByteBX account. You must keep your account and passwords confidential and not authorize any third party to access or use the Service on your behalf, unless we provide an approved mechanism for such use. You must contact us right away if you suspect misuse of your account or any security breach in the Service. You are responsible for all activities that take place with your account. ByteBX will not be liable for any loss or damage arising from any unauthorized use of your accounts.
YOUR DATA AND CONTENT
Except for material that we license to you, we don't claim ownership of any Content that is transmitted, stored, or processed in your account(s). We also don't control, verify, or endorse the Content that you and others make available on the Service.
You represent and warrant that:
- you have all the rights in the Content necessary for you to use the Service
- the storage, use or transmission of the Content doesn't violate any law or these Terms.
- be solely responsible for the nature, quality and accuracy of the Content;
- ensure that the Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations;
- promptly handle and resolve any notices and claims relating to the Content, including any notices sent to you by any person claiming that any Content violates any person's rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices;
- maintain appropriate security, protection and backup copies of the Content, which may include, your use of additional encryption technology to protect the Content from unauthorized access.
ByteBX will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.
Free Accounts don't have all the features of Paid Accounts and are subject to limitations described in these Terms and as implemented by ByteBX from time to time. You may have only one Free Account at a time and if you don't use the account for a period of 45 days or more, your Free Account may be automatically terminated. A Free Account holder may upgrade to a Paid Account by following the ByteBX upgrade procedures.
Paid Accounts may have a free trial period, if offered by ByteBX, during which time the account can be used without charge (a “Free Trial”). ByteBX reserves the right to limit the eligibility and storage capacity for Free Trials. For example, if you have previously used the Service on a trial basis or have previously paid for a ByteBX account, then you are not be eligible for a Free Trial unless we determine otherwise. If you're eligible for a Free Trial, you will be charged for your selected account at the end of the Free Trial unless you cancel the account prior to the end of the Free Trial. If you're not eligible for a Free Trial, you will be charged for your account upon registration.
If you have provided your billing information upon initial account setup, you acknowledge that you must cancel the account, or downgrade to a free account from a paid account, before the end of the free trial to avoid being charged after the free trial. If you have not provided any billing information upon initial account setup, then you must provide it and purchase the paid account prior to the end of the free trial or your account will be terminated at the end of the free trial period.
The subscription period for Paid Accounts can be month-to-month, yearly, or another duration described in the account features for your account (“Subscription Period”). For Free Accounts, the Subscription Period is for the duration of your Free Account.
Paid Accounts are subject to fees based upon the account type you've selected (“Subscription Fees”). If you set up a Paid Account but don't cancel it by the end of the Free Trial (or for Paid Accounts, downgrade to a Free Account), ByteBX will charge your credit card the current fee for the type of account you've chosen, plus applicable taxes. For renewals, ByteBX will automatically charge your credit card the amount of the then-current fee for your type of account, plus applicable taxes. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that ByteBX shall have no liability to you arising out of the acts or omissions of such third parties. By creating a paid account or group account you consent to allow ByteBX to charge you, either directly or through its payment processors, for the amounts due for your initial subscription period and for additional subscription periods until your account is canceled, terminated, or downgraded to a free account from a paid account.
PAYMENTS AND REFUNDS
The fees applicable for the Service ("Fees") are available on the Site and/or in ByteBX 's then-current published price list. The price stated for the Service excludes all taxes and charges, unless stated otherwise. You're responsible for any taxes and for all other charges (for example, data charges and currency exchange settlements).
You must be authorized to use the payment method that you enter when you create a billing account. You authorize us to charge you for the Service using your payment method and for any paid feature of the Service that you choose to sign up for or use while these Terms are in force. We may bill:
- in advance;
- at the time of purchase;
- shortly after purchase
- on a recurring basis for subscription Services.
Also, we may charge you up to the amount you've approved, and we'll notify you in advance of the difference for recurring subscription Services. We may bill you simultaneously for more than one of your prior billing periods. Once we have informed you that the Service will be provided indefinitely or automatically renewed, we may automatically renew your Service and charge you for any renewal term.
You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid Service, we may cancel that Service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.
Unless we notify you otherwise, if you're participating in any trial period offer, you must cancel the Service by the end of the trial period to avoid incurring new charges. If you do not cancel your Service and we have told you the Service will convert to a paid subscription at the end of the trial period, you authorize us to charge your payment method for the Service.
Except as specifically set forth in this section, all Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed.
If you are currently on our free trial, you may cancel or downgrade your account, free of charge, at any time until your trial period is expired.
If you are a non-trial user (such as a Personal, Business, Enterprise, or legacy plans such as Individual, Pro, Premium and Plus) you will not be issued a refund for your most recent (or any previous) billing. All cancellations and downgrades are processed automatically.
We may suspend or cancel your Service if you fail to pay in full on time.
LIMITATION OF LIABILITY
ByteBX uses reasonable efforts to make the Service available 365 days a year 24 hours a day. However, ByteBX does not guarantee availability of the Service, shall not have any liability to you for any unavailability of the Service, and is under no obligation to provide you with maintenance, technical support or updates for the Software or Service unless provided in conjunction with your plan type and, if provided, in the manner as determined by ByteBX from time to time. We reserve the right to suspend access to your account if your use of the Service disrupts, impedes or otherwise negatively impacts the operation of the Service or the use of the Service by other customers.
To the maximum extent permitted by applicable law, in no event shall ByteBX or its suppliers be liable for any special, incidental, indirect, punitive, or consequential damages whatsoever (and with respect to free accounts and ByteBX suppliers, for any direct damages), including, but not limited to, damages for: loss of profits, loss of confidential or other information or data, business interruption, personal injury, loss of privacy, failure to meet any duty, negligence, and any other pecuniary or other loss whatsoever, arising out of this agreement or in any way related to the use of or inability to use the software or the service even if ByteBX or any supplier has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
DISCLAIMER OF WARRANTIES
The software and the service are provided “as is” without warranty of any kind. To the maximum extent permitted by applicable law, ByteBX expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. ByteBX does not warrant that:
- the use or quality of the software or services will be uninterrupted, error-free, timely, secure or meet your requirements or expectations;
- the results obtained from use of the software or service will be accurate or reliable;
- any errors in the software or the service will be corrected.
The entire risk arising out of the use or performance of the software and service remains with you.
UPDATES TO THE SERVICE
ByteBX reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
All content that is made available to view and/or download in connection with the Site is the copyrighted work of and is owned by ByteBX and/or its licensors or subscribers, as applicable, and is protected by copyright and other laws and international treaty provisions. You may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any such content without the express written permission of ByteBX and the copyright owner. You may not frame or otherwise include the Site within any other website or software.
Updated: April 1, 2013