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Website Backups - cPanel & WordPress Backups - BackupCloud | Terms

Terms of Service

The Website Backup Bot Services are made available to You on our web site www.WebsiteBackupBot.com (the "Site") subject to the following terms and conditions. By using the Site, any of the Website Backup Bot Services available at the Site, and any software, application, plug-in, component, functionality, or program created by Website Backup Bot, You are agreeing to the following Terms of Service.

Please read these Terms of Service carefully and if You disagree with one or more of these terms, You must discontinue Your use of the Website Backup Bot Services. By signing up for and using the Website Backup Bot Services, You represent and warrant that You have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms of Service. Any Users under the age of 18 must have a parent or legal guardian create an account on the Site in order to use the Website Backup Bot Services.

A. Definitions.

As used in this Agreement, certain terms used herein shall have the following meanings:

1. Website Backup Bot:

Website Backup Bot and its successors, assignees, agents, distributors, dealers and licensees.

2. Agreement:

These Terms of Service, the Website Backup Bot Privacy Policy, Copyright Infringement Policy, other policies or guidelines posted on the Site, and any and all additional agreements, policies or amendments in place between You and Website Backup Bot governing Your use of the Website Backup Bot Services.

3. Storage Data:

The electronic data, including, but not limited to, sound recordings, audiovisual works, musical works, artwork, phone records, photographs, documents, software, and other graphical or textual material embodying Your works and any descriptions, titles, captions and other identifying characteristics You or others attribute thereto, stored on Website Backup Bot at Your request.

Any individual, group or entity accessing the Website Backup Bot Services and/or utilizing one or more of the Website Backup Bot Services to store, transfer, share or receive Storage Data. Users are either Free Users or Commercial Users as defined below.

5. You, Your, Yours:

The person who is over the age of 18, and the minor(s), individual(s), group(s), entity(ies) or other association(s), individually and as a whole, and their agents, successors and assignees, on whose behalf that person has entered this Agreement with Website Backup Bot and for whom Website Backup Bot has established an account.

B. Terms and Conditions.

1. Website Backup Bot Services.

Website Backup Bot provides a variety of services and software that enable You to store, transfer, share and receive Storage Data online (the "Website Backup Bot Services"). This contract is solely for Your and our benefit, and is not for the benefit of any other person except for permitted successors. Our relationship is that of independent contractors, and no agency, partnership, joint venture, trust, employer/employee, or franchiser/franchisee relationship is intended or created by this Agreement or by Your use of the Website Backup Bot Services.

(i) Backup Plans ("Paid Accounts")

You agree to pay, in advance, all applicable fees, taxes, charges, and surcharges for any Website Backup Bot Services You purchase from Website Backup Bot, based on the plan You choose (the "Subscription Plan"). All charges are nonrefundable. Website Backup Bot will automatically charge Your payment method for Your service charges, and any applicable fees and taxes on the date Your subscription begins and any subsequent renewal dates. If we do not receive payment from Your designated payment method, You agree to pay all amounts due upon demand by us. We may, in our discretion, post charges to Your payment method individually or we may aggregate Your charges with other purchases You make from us. You are responsible for all charges incurred under Your account made by You or anyone who uses Your account.

You agree to allow Website Backup Bot to place Your account on a recurring payment plan. You must give us accurate billing and payment information and keep this information up-to-date by going to the "Account Settings" area on Website Backup Bot. Incomplete, incorrect or questionable signup information will be rejected and You will be unable to open an account. You authorize us to charge Your designated payment method for these charges and to retain information about the payment method associated with Your account.

Every time You make a purchase or use Website Backup Bot, You reaffirm that (i) Website Backup Bot is authorized to charge Your designated payment method; (ii) Website Backup Bot may submit charges incurred under Your account for payment; and (iii) You will be responsible for such charges, even if Your Subscription Plan is canceled or terminated.

After 30 days from the date of any unpaid charges, Your account will be deemed delinquent and we may terminate or suspend Your account for nonpayment. We reserve the right to assess an additional 1.5 percent (or the highest amount allowed by law) per month late charge if Your payment is more than 30 days past due and to use alternate means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees incurred by us in our efforts to collect any remaining balances from You.

You must notify Website Backup Bot at contact@websitebackupbot.com of any billing problems or discrepancies within 60 days after they first appear on the statement You receive from Your bank or credit card company. If You do not bring such problems or discrepancies to our attention within 60 days, You agree that You waive the right to dispute such problems or discrepancies. Website Backup Bot will remove and destroy any Storage Data associated with any Paid Accounts that have been deemed delinquent. You may cancel Your Paid Account by notifying Website Backup Bot at contact@websitebackupbot.com of Your desire to terminate and Your account will be terminated effective at the end of the current subscription period. Website Backup Bot reserves the right to terminate any and all Paid Accounts at any time, with or without notice or cause. If Website Backup Bot terminates Your account for any reason other than a violation by You of these Terms of Service, Website Backup Bot will refund You any amounts prepaid by You on a prorata basis for the remainder of Your current subscription period.

Should You have any questions concerning Website Backup Bot's billing, please contact contact@websitebackupbot.com or review the Website Backup Bot Billing Policy.

(ii) Free Trials:

Website Backup Bot may have a free trial period ("Free Trial") during which time the account may be used without charge. If You have previously used Website Backup Bot Services on a trial basis or have previously paid for an Website Backup Bot account, You are not eligible for a Free Trial. Website Backup Bot allows only one Free Trial per User. You may not attempt to circumvent Free Trial account restrictions by registering multiple accounts. You may cancel or downgrade Your account, free of charge, at any time during the Free Trial period. Upon the conclusion of the Free Trial period, Your account will be locked until You Subscribe to a Paid Account. If you choose to upgrade to a Paid Account and provide your payment information prior to the end of the trial period you will not be charged until the end of the Free Trial.

2. Your Identity.

You agree to provide Website Backup Bot with accurate, timely information about Yourself and/or the minor on whose behalf You are entering into this Agreement, and to update Your contact data so that it remains current. You will not provide Website Backup Bot with false information about Your identity, impersonate another person or entity, or otherwise misrepresent Your identity or affiliation to Website Backup Bot. Website Backup Bot will use that information only in a manner consistent with that disclosed in the Website Backup Bot Privacy Policy, which is incorporated into this Agreement by reference. Your failure to comply with this provision automatically nullifies any obligation Website Backup Bot may have to contact You or provide You with any notice required by this Agreement or by law.

3. Authority.

You represent and warrant that: (a) You are 18 years or older; (b) You have full right and power to enter into and perform this Agreement, and have secured all third party consents necessary to enter into this Agreement; and (c) if You are establishing an account on behalf of a minor or if any contribution to Your Storage Data is from a minor, You have the legal right to execute this Agreement on behalf of the minor and guarantee such minor's performance of the terms of this Agreement. These warranties shall survive any termination of this Agreement. You agree to indemnify and hold Website Backup Bot and its Users harmless from any and all damages and costs, including reasonable attorney's fees, arising out of or related to Your breach of the representations and warranties described herein. You agree to execute and deliver documents to Website Backup Bot, upon Website Backup Bot's reasonable request, that evidence or effectuate Website Backup Bot's rights under this Agreement.

4. Access to Website Backup Bot Services.

You are solely responsible for maintaining the confidentiality of Your password and any additional identifying information required for Your use of the Website Backup Bot Services. You may not share Your account with other people. You must immediately notify Website Backup Bot if You become aware of any loss, theft, or unauthorized use of Your password or of any other unauthorized use of any User's account information, contact data, Storage Data or the Website Backup Bot Services. Website Backup Bot does not guarantee the security of any information transmitted to or from Website Backup Bot. You are solely responsible for all Storage Data and other information stored, transferred, and received under Your username and password including, but not limited to, sole responsibility for completing transactions initiated under Your username and password. If You lose control of Your password, You may be subject to legally binding actions taken on Your behalf. You are solely responsible for the accuracy and appropriateness of the Storage Data maintained under Your username and password; for ensuring that Storage Data posted or distributed under Your username and password does not violate or infringe upon this Agreement or upon the rights of any third party (including, without limitation, copyrights, trademarks, privacy or other personal or proprietary rights); and for ensuring that Storage Data maintained under Your username and password are not illegal or obscene. Website Backup Bot disclaims any and all liability for Your use of the Website Backup Bot Services to the fullest extent permitted by law.

5. Review of Storage Data.

Although Website Backup Bot does not regularly monitor the use of Website Backup Bot Services by any particular user, it reserves the right to do so if Website Backup Bot, in its sole discretion, determines there may be misuse as defined by the terms of this Agreement. Website Backup Bot may monitor Your access, use, files, and/or Storage Data to detect signs of misuse. Website Backup Bot will not knowingly tolerate the use of the Website Backup Bot Services for illegal or other injurious or damaging activities. If Website Backup Bot believes, in its sole and absolute discretion, that You may be engaging in, or in any way connected with, any unlawful or improper activity, Website Backup Bot may disclose its Users' files and Storage Data to law enforcement or any other authority Website Backup Bot deems proper. Website Backup Bot may, in its sole discretion, remove, reclassify, re-categorize, or block Your access to all or any part of Website Backup Bot Services or to any particular Storage Data at any time for any reason, or for no reason at all. Without limiting the foregoing, Website Backup Bot reserves its right to remove any Storage Data if: (a) it decides, in its sole discretion, that the Storage Data may breach any of Your obligations, representations, or warranties hereunder, (b) Website Backup Bot is advised of a court order, subpoena or notice under the Digital Millennium Copyright Act ("DMCA") requiring removal of the Storage Data or any similar rule or regulation of any other jurisdiction, or (c) Website Backup Bot determines, in its sole and absolute discretion, that continued availability of the Storage Data may lead to Website Backup Bot becoming party to a claim, lawsuit, affirmative defense, or any liability of any kind.

6. Maintenance of Storage Data.

Website Backup Bot shall have no responsibility for and does not guarantee the integrity, completeness or availability of Website Backup Bot Services or of Storage Data residing on Website Backup Bot's equipment. You are responsible for independent backup of Storage Data stored using the Website Backup Bot Services. You agree to assume all risk of loss of such data. You agree to defend, indemnify and hold Website Backup Bot harmless for any loss of data, whether on Your equipment or through the Website Backup Bot Services, arising out of or resulting from use of the Website Backup Bot Services, including use of software provided by Website Backup Bot, if any. Website Backup Bot may, but shall not be required to, delete Your Storage Data after the termination of this Agreement.

7. Website Backup Bot Software Products License.

(i) License Grant

Website Backup Bot shall have no responsibility for and does not guarantee the integrity, completeness or availability of Website Backup Bot Services or of Storage Data residing on Website Backup Bot's equipment. You are responsible for independent backup of Storage Data stored using the Website Backup Bot Services. You agree to assume all risk of loss of such data. You agree to defend, indemnify and hold Website Backup Bot harmless for any loss of data, whether on Your equipment or through the Website Backup Bot Services, arising out of or resulting from use of the Website Backup Bot Services, including use of software provided by Website Backup Bot, if any. Website Backup Bot may, but shall not be required to, delete Your Storage Data after the termination of this Agreement.

(ii) License Restrictions

You shall not nor shall You allow any third party to: (a) decompile, disassemble, decrypt, extract, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas, algorithms, or file formats of the Website Backup Bot Software, or of any components used in the Website Backup Bot Software by any means whatsoever; (b) remove or conceal any product identification, copyright, proprietary, patent or other notices contained in or on the Website Backup Bot Software or Documentation; (c) use any "locked" or restricted feature, function, service, application, protocol, operation, or capability without first purchasing the applicable Service, even if such feature, function, service, application, protocol, operation or capability is technically achievable without upgrading your account; (d) sell, lease, rent, lend, sublicense, distribute or otherwise transfer in whole or in part the Website Backup Bot Software or, if applicable, the license enablement key to another party; (e) use the Website Backup Bot Software to operate in a service bureau, managed service provider, or commercial hosting services environment, or (f) modify the Website Backup Bot Software, incorporate it into or with other software, or create a derivative work of any part of the Website Backup Bot Software. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Website Backup Bot Software.

(iii) Termination

Your license terminates immediately upon cancellation or termination of Your Website Backup Bot account or if we believe You are in violation of this Agreement. Termination of this License shall not relieve You from Your obligations to immediately pay Website Backup Bot, or any third party, any sums owed hereunder or under any other agreement with Website Backup Bot or such third party. Upon termination, all rights to use the Website Backup Bot Software will cease, and You shall promptly destroy the original and all copies of the Website Backup Bot Software. Termination is not an exclusive remedy and all other remedies otherwise entitled by law shall remain. Your license will end on the date Your subscription period ends. Your license will also end if we modify the Website Backup Bot Services in a way that no longer supports the Website Backup Bot Software.

(iv) Intellectual Property Rights

The Website Backup Bot Software is licensed, not sold, to You. The Website Backup Bot Software is protected by intellectual property and copyright laws and treaties worldwide, and may contain trade secrets of Website Backup Bot or its licensors, who have and maintain exclusive right, title and interest in and to the Website Backup Bot Software and reserve and retain all rights not expressly granted to You herein. No right, title or interest in or to any trademark, service mark, logo or trade name of Website Backup Bot or its licensors is granted under this Agreement. All title and intellectual property rights in and to software content which is not contained in the Website Backup Bot Software, but may be accessed or used through use of the Website Backup Bot Software, is the product belonging to the respective content owner and may be protected by patents, intellectual property and copyright laws and treaties worldwide.

(v) Assignment and Transferability of Rights

You may not assign or transfer any of Your rights or obligations under this Agreement without Website Backup Bot's prior written approval. Website Backup Bot does not waive any of its rights under this Agreement by delaying to exercise its rights, or exercising only part of its rights at any time. Website Backup Bot may freely assign this Agreement.

8. Site Restrictions.

You will not attempt to gain access to Website Backup Bot's private system areas or to other areas within the Site to which You are not expressly permitted access and You shall not reverse engineer or attempt to reverse engineer any portion of the Website Backup Bot Services or the Site. You may not upload files with an invalid extension or in an invalid format for the purpose of circumventing Website Backup Bot's rules. All files that do not match their file extension or type may be deleted by Website Backup Bot without notice. Website Backup Bot will prosecute those who illegally threaten the system or its services. You agree that if any of Your activities conducted in violation of this Agreement are found to disrupt or damage Website Backup Bot's hardware, software, system or their functions, You will reimburse Website Backup Bot for system administration costs incurred in repairing the affected systems as well as direct and consequential damages incurred by Website Backup Bot arising out of Your activities.

9. Prohibited Use of Website Backup Bot Services.

(i)

You shall not use the Website Backup Bot Services to transmit, transfer or convey Storage Data that might be illegal or otherwise damaging to Website Backup Bot, its users, or others. Specifically, You agree that, and represent and warrant that, no Storage Data (or any portion thereof) provided by You, on Your behalf, with Your username and password shall:

(a)

Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

(b)

Divulge information that You do not have a right to divulge due to a contractual, fiduciary, or privileged relationship;

(c)

Violate any state or United States law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

(d)

Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

(e)

Be false, inaccurate or misleading;

(f)

Be fraudulent or incorporate counterfeit or stolen items or property;

(g)

Promote physical harm or injury or otherwise advocate violence against or unreasonable hostility toward people or groups based on their race, religion, national origin, age, sexual orientation, gender, or disability;

(h)

Instruct, aid, abet, or promote any illegal activity including, without limitation, instructions on constructing explosive or incendiary devices; growing or producing controlled substances, or counterfeiting currency, passports, drivers' licenses, etc.;

(i)

Contain child pornography. It is a federal crime to buy or sell child pornography as defined in United States Code, Title 18, Chapter 110 - Sexual Exploitation and Other Abuse of Children. ANY CONTENT THAT WEBSITE BACKUP BOT CONSTRUES AS CHILD PORNOGRAPHY WILL BE IMMEDIATELY FORWARDED TO THE PROPER AUTHORITIES;

(j)

Contain any viruses, Trojan Horses, Worms, Time Bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

(k)

Provide advice for which any jurisdiction requires a professional license to disseminate including, but not limited to, legal or medical advice;

(l)

Create liability for Website Backup Bot or cause Website Backup Bot to lose (in whole or in part) the services of its advertisers, service providers or suppliers; or

(m)

Link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement.

(ii)

You shall not attempt to register or maintain multiple Personal Basic Plan accounts, or multiple Free Trials, including setting up so called "sock puppet" or other type of accounts that are meant to circumvent the one account per individual restriction or the one Free Trial per individual restriction.

(iii)

This Prohibited Use Policy precludes the use of the Website Backup Bot Services to transmit, transfer or receive electronic or other data that comprises or depicts any of the foregoing, as well as similar Storage Data. You are responsible for complying with the rules, terms and conditions outlined in this Agreement and this Prohibited Use policy. If You have any questions as to whether any particular Storage Data or Use of Website Backup Bot Services is prohibited, please contact Website Backup Bot at contact@websitebackupbot.com.

10. Anti-Spamming Policy.

You may not use the Website Backup Bot Services to send unsolicited or unauthorized mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise. From time to time, Personal Basic Account Users will receive electronic messages containing promotional materials from Website Backup Bot. Paid Account Users have the option of opting out of receiving these promotional materials. Website Backup Bot complies with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the "CAN-SPAM Act").

11. Export Controls.

No Storage Data shall be acquired by or otherwise exported or re-exported into (or by or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan or any other country to which the U.S. has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. As a Storage Data Recipient and/or User, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

12. Parental Control Protections.

Website Backup Bot does not routinely audit the Storage Data provided by Users of the Website Backup Bot Services and strongly encourages the use of parental control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist in limiting access to Storage Data that may be harmful to or inappropriate for minors.

13. Non-Assignability.

You may not assign, transfer, or delegate this Agreement, Your duties and obligations under this Agreement, Your benefits under this Agreement, or Your Website Backup Bot account to anyone without the express written consent of Website Backup Bot. Upon reasonable notice to You, Website Backup Bot may assign or transfer this Agreement at its sole discretion.

14. DISCLAIMER OF WARRANTIES.

WEBSITE BACKUP BOT SERVICES AND MATERIALS AND THIRD PARTY CONTENT ACCESSIBLE IN CONNECTION THEREWITH ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND, EXCEPT AS EXPRESSLY PROVIDED HEREIN, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WEBSITE BACKUP BOT DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the generality of the foregoing, Website Backup Bot does not warrant that the functions and/or services of Website Backup Bot Services or Website Backup Bot related services, Storage Data, hardware, sites, software, data or other material will be uninterrupted or error-free, or that defects will be detected or corrected. Neither Website Backup Bot nor any third party Storage Data provider warrants that any service, software, Storage Data or the methods by which they are made available will be free of viruses or similar contamination or destructive features. You expressly agree to solely assume the entire risk as to the quality and performance of the Website Backup Bot Services and the accuracy or completeness of Storage Data. Website Backup Bot does not warrant or make any representations regarding the use or the results of the use of its services, software, Storage Data, the materials, functions, data or services in or provided by Website Backup Bot, its affiliates or its Users in terms of accuracy, reliability, or otherwise. You expressly agree to assume the entire cost of all necessary servicing, repair, correction and related liabilities resulting from Your use of the Website Backup Bot Services. If applicable law does not allow the exclusion of implied warranties, certain of the above exclusion may not apply to You.

15. LIMITATION OF LIABILITY.

YOU AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES, INCLUDING (BUT NOT LIMITED TO) NEGLIGENCE, SHALL WEBSITE BACKUP BOT BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, ACTUAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT RELATE TO OR RESULT FROM THE USE OF, THE INABILITY TO USE, OR THE CORRUPTION OF STORAGE DATA, OR OTHER DATA STORED ON, STORED IN, RETRIEVED FROM, ACQUIRED, TRANSMITTED OR TRANSFERRED THROUGH WEBSITE BACKUP BOT SERVICES, EVEN IF WEBSITE BACKUP BOT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF WEBSITE BACKUP BOT, ITS DISTRIBUTORS, LICENSORS, AND RESELLERS FOR ANY DAMAGE OR CLAIM ARISING FROM USE OF THE SERVICES OR THE ACCOMPANYING DOCUMENTATION SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OVER THE PRECEEDING TWELVE (12) MONTHS BY YOU FOR THE SOFTWARE. WEBSITE BACKUP BOT RECOMMENDS THAT ANY USER OF THE WEBSITE BACKUP BOT SERVICES MAINTAIN AN ALTERNATIVE STORAGE MEDIUM TO ENSURE THAT DATA IS BACKED UP TO MULTIPLE LOCATIONS. If applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, certain of the above limitations or exclusions may not apply to You.

16. Indemnification.

You agree to defend, indemnify and hold Website Backup Bot and its agents, employees, consultants, representatives and/or assignees harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including, but not limited to, attorneys' fees and costs through appeal) relating to, arising out of or resulting from, in whole or in part, any acts or omissions by You, Your Storage Data, materials or information stored, transmitted or received by or for You that in any way relate to Website Backup Bot or the Website Backup Bot Services. The terms of this paragraph shall survive termination of this Agreement.

17. Termination for Convenience.

Website Backup Bot reserves the right to change, suspend or discontinue all or any aspect of its services made available to You or others at any time, including the availability of any feature or Storage Data, without prior notice or liability to You. Either party may terminate this Agreement at any time for any reason or for no reason by sending notice of termination to the other party. You expressly waive and release Website Backup Bot from any and all claims You may have against Website Backup Bot arising out of or related to any such termination.

18. Termination for Cause.

Website Backup Bot may terminate this Agreement if You submit false or misleading information to Website Backup Bot, if You breach any provisions of this Agreement, or violate any laws, including the Digital Millennium Copyright Act. Upon termination for cause, You will no longer have the right to access the Website Backup Bot Services and You will be precluded from accessing the Website Backup Bot Services in the future. Website Backup Bot expressly reserves any and all additional rights and remedies it may have against You including, but not limited to, claims for breach of contract.

19. Choice of Law and Venue.

The Website Backup Bot Services are managed from its offices within the State of California in the United States of America. Website Backup Bot makes no representation that its services are appropriate or available for use in other locations. If You choose to access this site from other locations, You do so on Your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All matters with respect to this Agreement, including, without limitation, matters of validity, construction, effect and performance shall be governed by the internal laws of the State of California applicable to contracts made and to be performed therein between the residents thereof (regardless of the laws that might otherwise be applicable under principles of conflicts of law). Any action or proceeding related to the subject matter of this Agreement shall be venued in San Francisco, California. You hereby agree to submit to personal jurisdiction in the federal and state courts located in San Francisco, California. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

20. Severability.

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement may not be amended unless the CEO or other authorized officer of Website Backup Bot has approved and signed such an amendment in writing. Non-enforcement of any section of this Agreement does not constitute consent or waiver and Website Backup Bot reserves the right to enforce any provision of this Agreement at its sole discretion.

21. Incorporation.

The terms of this Agreement supersede any prior representations made by Website Backup Bot or negotiations between You and Website Backup Bot and is the entire agreement between the parties relating to the subject matter contained herein.

22. Modifications.

Website Backup Bot may from time to time amend the terms and conditions of this Agreement. At the time of any such change, You will be notified of the modified terms and conditions. Continued use of the Website Backup Bot Services after the effective date of the notification shall constitute acceptance of the modified Agreement.

23. Time Limitation on Claims.

Regardless of any statute or law to the contrary, any claim, cause of action, or demand for arbitration against Website Backup Bot arising out of or related to this Agreement or use of the Website Backup Bot Services must be filed within six months of the date upon which You were or should have first been aware of the existence of the grounds for Your claim or cause of action.

24. Governing Law & Arbitration.

Agreement shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of California without regard to principles of conflict of laws. The United Nations Convention on Contracts for the International Sales of Goods is specifically disclaimed. Any dispute between You and Website Backup Bot relating to this Agreement, Storage Data or the Website Backup Bot Services, hardware or software shall be resolved by binding arbitration pursuant to the commercial rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and any judgment on the arbitration award may be entered in any court having jurisdiction thereof.

25. Remedies.

You acknowledge that breach of this Agreement would cause irreparable injury to Website Backup Bot for which monetary damages would not be an adequate remedy and You agree that Website Backup Bot shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law. You acknowledge and agree that Website Backup Bot reserves the right to control all aspects of any lawsuit or claim that arises or results from Your use of the Website Backup Bot Services.

26. Notice.

Any notice, report, approval or consent required or permitted by this Agreement shall be in writing. Any amendments or waivers shall be effective only if made in writing by non-preprinted agreements clearly understood by both parties to be an amendment or waiver and signed by an authorized representative of each party.

27. Legal Notice to Website Backup Bot must be delivered to:

Legal Notice
HitBridge, LLC - D.B.A. Website Backup Bot
9055 Locust Street, Ste. B5
Elk Grove, CA 95624
contact@websitebackupbot.com

Any notice to You required by law or under this Agreement will be effectuated by Website Backup Bot posting notice on its site in a designated area and via electronic mail to the address on file with Website Backup Bot (if any).

28. Entire Agreement.

You represent that You have carefully read this Agreement, that You understand its contents, and that You have had an opportunity to seek independent legal advice with respect to the review and advisability of entering into this Agreement. Should You have any questions concerning this Agreement, please contact contact@websitebackupbot.com

C. Policy Against Copyright Infringement.

To protect copyright owners and Website Backup Bot users, Website Backup Bot has a strict Copyright Infringement Policy that protects against the infringement of others. intellectual property rights. Website Backup Bot adheres to the guidelines promulgated under the Digital Millennium Copyright Act (the "DMCA") with respect to allegations of copyright infringement and will respond promptly to claims of copyright infringement in accordance with the DMCA. A copyright owner, or one authorized to act on behalf of one, or authorized to act under any exclusive right, may report alleged infringements using the procedure below. You must submit in writing a .Takedown Notice ("Notice") as required under the DMCA. Telephonic, verbal or other non-written communications are insufficient under Website Backup Bot's policies and do not meet the requirements of the DMCA.

In order for a Notice to be conforming, the Notice must contain the following:

1.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2.

A description of the copyrighted work or other intellectual property that you claim has been infringed;

3.

A description of where the material that you claim is infringing is located on the site;

4.

Your address, telephone number, and email address;

5.

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6.

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

7.

The Notice must be addressed and delivered via U.S. Mail, Express Mail, or Courier to Website Backup Bot's Designated Copyright Agent, as follows:

Copyright Agent
HitBridge, LLC - D.B.A. Website Backup Bot
9055 Locust Street, Ste. B5
Elk Grove, CA 95624
contact@websitebackupbot.com

D. Copyright Notice.

Copyright 2017, HitBridge, LLC - D.B.A. Website Backup Bot ("Website Backup Bot"). All rights reserved. All content copyright and other rights reserved to its respective owners. No content may be duplicated with express written consent.

Any content, trademark(s), or any other material that may be found on the Site that is not Website Backup Bot's property remains the copyright of its respective owner(s). In no way does Website Backup Bot claim ownership or responsibility for such items and you should seek legal consent for any use of such material from its owners.

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