Two easy steps to a Bright
Ideas Computing Remote Backup account:
1. Agree to the
following Terms of Service.
2. Click the "Agreement"
button at the bottom
of
this
page to send your email indicating that you agree to these terms.
ONLINE BACKUP SERVICE SUBSCRIPTION AGREEMENT
NOTE TO SUBSCRIBER: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.
1. USE OF THIS Service (the "Service") consists of the right of a
Subscriber of the Service ("Subscriber") to electronically transmit and
store computer data using either a private data communications network,
or the Internet into a location maintained by Bright Ideas Computing,
Texas ("BICTX") and to retrieve said data should they be required. The
Service is made available by BICTX to Subscriber during the period
Subscriber maintains a paid subscription to the Service.
2. These terms and any additional Operating Rules published by BICTX
from time to time constitute the entire and only agreement
(collectively, the "Agreement") between BICTX and Subscriber (including
Subscriber's designated users) with respect to the Service and
supersede all other communications and agreements with regard to the
subject matter hereof. Upon notice published over the Service, BICTX
may modify this Agreement, the Operating Rules or prices, and may
discontinue or revise any or all other aspects of the Service at its
sole discretion and without advance notice. Unless otherwise agreed,
Subscriber's right to use the Service or to designate users is not
transferable and is subject to any limits established by BICTX
3. Subscriber shall pay in advance any registration or service fees and
other charges incurred by Subscriber or Subscriber's designated users
at the rates in effect for the billing period in which those charges
are incurred. For situations where credit card payment is utilized,
Subscriber shall maintain a current authorization for BICTX to debit
Subscriber's credit card account for such amounts. In addition,
Subscriber shall provide BICTX a current street address and Internet
e-mail address for future communications and shall notify BICTX of any
change of address. Subscriber shall pay all applicable taxes related to
use of the Service by Subscriber or Subscriber's designated users. For
situations where the Subscriber's credit card issuing financial
institution has been notified of a payment dispute, said Subscriber
agrees that proof of Service usage by Subscriber constitutes Subscriber
authorization to submit payment request to Credit Card issuing
financial institution. BICTX may, in addition, at its sole discretion
and without notice to the Subscriber, (a) suspend its performance under
this Agreement and deny Subscriber's and Subscriber's designated users'
access to and use of the Service until Subscriber is back in good
standing, or (b) terminate this Agreement and Subscriber's and
Subscriber's designated users' access to and the use of the Service.
Further, BICTX may cancel the Service to Subscriber without cause upon
thirty (30) days prior written notice. Subscriber must provide BICTX
with written notice of Subscriber's intent to terminate use of the
Service. At the time of cancellation, the Subscriber’s access
to
any of Subscriber’s data stored by the Service may be
permanently
terminated. BICTX will not provide a refund for any unused portion of
the Services paid in advance by Subscriber.
4. No bailment or similar obligation is created between Subscriber
(and/or Subscriber's designated users) and BICTX with respect to
Subscriber's stored data. Subscriber is solely responsible for
maintaining the confidentiality of Passwords, including restricting the
use of the Password by Subscriber's designated users. Subscriber shall
be responsible for all use of the Service accessed through Subscriber's
Password. BICTX SHALL NOT HAVE ANY RESPONSIBILITY OR OBLIGATION TO
SUBSCRIBER, SUBSCRIBER'S DESIGNATED USERS, OR OTHER USERS OF THE
SERVICE TO MONITOR, SUPERVISE OR OVERSEE THE CONTENTS OF FILES STORED
ON THE SERVICE. BICTX IS NOT RESPONSIBLE FOR PROVIDING SUBSCRIBER WITH
PASSWORDS IN THE EVENT OF A FORGOTTEN PASSWORD OF AN ENCRYPTED BACKUP
FILE. WITHOUT THE CORRECT
PASSWORD, SUBSCRIBER’S DATA WILL REMAIN ENCRYPTED AND
INACCESSIBLE. YOU MAY ALSO CHOOSE NOT TO ENCRYPT YOUR BACKUP
FILES WITH A PASSWORD BUT BEWARE THAT YOUR BACKUP FILE IS NOT
SECURED.
5. Subscriber shall not use the Service for storage, possession or
transmission of any information, the possession, creation or
transmission of which violates any state, local or federal law,
including without limitation, stolen materials, obscene materials or
child pornography. SUBSCRIBER'S BACKUP FILES MAINTAINED BY BICTX ARE
SUBJECT TO EXAMINATION BY LAW ENFORCEMENT OFFICIALS OR OTHERS WITHOUT
SUBSCRIBER'S CONSENT UPON PRESENTATION TO SUBSCRIBER OR BICTX OF A
LEGAL SEARCH WARRANT OR SUBPOENA.
6. Subscriber agrees to indemnify BICTX against liability for use of
Subscriber's account which liability is a direct result of Subscriber's
misuse or negligent use of its account(s).
7. BICTX may make copies of all files stored as part of the back up and
recovery of servers utilized in connection with some of the Services.
BICTX is not obligated to archive such copies and will utilize them
only for backup purposes. They will not be accessible to Subscriber.
8. Subscriber is responsible for and must provide all telephone and
other equipment and services necessary to access the Service.
Subscriber should maintain a primary electronic file of all materials
stored in the Service. Subscriber should not utilize the service as a
substitute for primary electronic file maintenance.
9. SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT
SUBSCRIBER'S SOLE RISK. NEITHER BICTX NOR ANY OF ITS LICENSORS,
EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR FREE; NOR BICTX OR ANY OF ITS LICENSORS, EMPLOYEES OR AGENTS MAKE
ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE
OR ANY RECOMMENDED THIRD PARTY SOFTWARE (IE: SIMPLY SAFE BACKUP).
THE SERVICE IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT. NEITHER BICTX NOR ANYONE ELSE INVOLVED IN CREATING,
DELIVERING OR MAINTAINING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR
RECOMMENDED THIRD PARTY SOFTWARE (IE: SIMPLY SAFE BACKUP) OR
OUT OF ANY BREACH OF ANY WARRANTY. IN NO EVENT WILL BICTX’s
LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY
OF LIABILITY, EXCEED THE AMOUNT PAID BY SUBSCRIBER, IF ANY, FOR THE
SERVICE FOR THE ONE MONTH PERIOD PRECEDING THE EVENT FORMING THE
BASIS OF THE CLAIM.
10. SUBSCRIBER AGREES THAT NEITHER BICTX NOR ANY OF ITS
LICENSORS, EMPLOYEES, OR AGENTS ARE RESPONSIBLE FOR THE OPERATION OF
SUBSCRIBER'S COMPUTER OR THE OPERATION OF THE INTERNET.
SUBSCRIBER ALSO AGREES THAT NEITHER BICTX NOR ANY OF ITS
LICENSORS, EMPLOYEES, OR AGENTS ARE RESPONSIBLE IF THE SUBSCRIBER'S
COMPUTER BECOMES VIRUS INFECTED OR DAMAGED IN ANY WAY THAT PREVENTS A
CONNECTION THROUGH THE INTERNET TO OUR BACKUP SERVER. THE
SUBSCRIBER'S FAILURE TO BE ABLE TO CONNECT TO THE INTERNET OR PROPERLY
MANAGE THE CLEAN OPERATION OF SUBSCRIBER'S COMPUTER TO PERFORM BACKUP
JOBS WILL NOT RELIEVE SUBSCRIBER OF MAKING MONTHLY SUBSCRIPTION
PAYMENTS.
11. SUBSCRIBER AGREES THAT NEITHER BICTX NOR ANY OF ITS
LICENSORS, EMPLOYEES, OR AGENTS ARE RESPONSIBLE FOR THE INSTALLATION,
CONFIGURATION, OR OPERATION OF
SUBSCRIBER'S SEPARATELY PURCHASED THIRD-PARTY SOFTWARE (IE:
SIMPLY SAFE BACKUP) ONTO SUBSCRIBER'S COMPUTER. HOWEVER,
SUBSCRIBER IS ENTITLED TO LEVEL-1 EMAIL TECHNICAL SUPPORT IN WHICH
BICTX WILL PROVIDE POTENTIAL SOLUTIONS VIA EMAIL ON A "BEST EFFORT"
BASIS. THESE POTENTIAL SOLUTIONS MAY BE IN THE FORM OF A REFERRAL
TO A HELP FILE OR OTHER DOCUMENTED SOURCE. IF SUBSCRIBER IS
UNABLE TO READ, UNDERSTAND, OR IMPLEMENT THE POTENTIAL SOLUTION, THEN
THE SUBSCRIBER MAY REQUEST AN ESCALATION TO A FEE-BASED LEVEL-2 ON-SITE
TECHNICAL SUPPORT APPOINTMENT.
12. The provisions of paragraphs 4, 6, 7, 9, and 10 are for the benefit of
Subscriber and its respective Suppliers, Licensors, Employees, and
Agents; and each shall have the right to assert and enforce such
provisions directly on its own behalf.
13. This agreement is, and shall be governed by and construed in
accordance with the law of the State of Texas applicable to
agreements made and performed in Texas.
14. Notwithstanding any acknowledgment of a Subscriber purchase order
by BICTX any provision or condition in any purchase order, voucher,
letter or other memorandum of the Subscriber which is in any way
inconsistent with, or adds to, the provisions of this agreement is null
and void. Neither the course of conduct between parties nor trade
practice shall act to modify the provisions of this Agreement. If any
provision of this Agreement is determined to be invalid, all other
provisions shall remain in full force and effect. The provisions of
paragraph 9 and 12 and all obligations of and restrictions on
Subscriber and its designated users shall survive any termination of
this Agreement.
15. Privacy of Communications
BICTX intends to respect its subscribers' privacy and will not randomly
monitor or disclose the contents of private backup data files. However,
you agree that BICTX has the right, but not
the obligation, to monitor or disclose the contents of private backup
data files, if BICTX, in its sole discretion, reasonably believes
that such action is necessary: (1) to comply with applicable law or
valid legal process; (2) to protect BICTX’s rights, systems
or
network, and/or property; or (3) in emergencies when a person's
physical safety may possibly be at issue.
Account Billing
1. Account Charges
Your monthly account charges are payable in advance. If you terminate
your account, BICTX has the right to retain and/or collect all fees
owed to date even though it may be for services not rendered prior to
termination. If your account is terminated by BICTX because of
violations of BICTX’s online policies, you will not be
entitled
to any refund, such forfeiture being agreed to you and BICTX as
liquidated damages and not as a penalty.
2. Cancellation
Your account will remain in effect until you terminate either in
writing, by fax, postal mail, or an E-mail. Until such time, your
account will remain active and you will be responsible for all charges
incurred. If you provide BICTX with a credit card or bank account, you
authorize BICTX to bill your credit card or bank account continuously
and in advance of each monthly, quarterly, bi-yearly or yearly service.
Failure to call tech support to resolve problems does not relieve you
of the charges.
Any yearly account that is cancelled before the end of the service
period will revert to the normal monthly rate and will be charged a
$50.00 early termination fee. Otherwise the account will remain open
until the end of the service period. Any bi-yearly account will revert
to the normal monthly rate and be charged a $25.00 early termination
fee. Any quarterly account will revert to the normal monthly rate and
be charged a $15.00 early termination fee.
All refunds will be made in the manner they were received either by
credit card refund or a written check refund. (There will be no cash
refunds available).
3. Billing Period
A billing cycle will begin on the date you purchase the access services
and will continue for one billing period from that date. A new billing
cycle will begin on the anniversary date of the day of the month on
which you purchased the access services. It may be necessary, however,
for BICTX to change billing cycles from time to time. In said
instances, account charges will be prorated in accordance with the new
billing cycle.
If you pay other than by credit card, your account charges are due
on
your receipt of an invoice, and payment of your account charges must be
received by BICTX prior to the first day of each billing cycle. Your
account will be considered to be in default if payment of your account
charges is not received by the first day of each billing
cycle.
If your account is unpaid on the first day of each billing cycle you
may have your Service
interrupted or terminated without further notice to you.
4. Collections / Default
If any instrument received in payment is returned to BICTX unpaid, your
account will be considered to be in default, and in addition to the
amount due, you will be subject to a collection charge of $25.00. If
your account is cancelled or interrupted for any reason of non-payment,
you will be subject to a $10 late fee to reconnect your Service.
BICTX may immediately terminate your account, in BICTX’s sole
discretion, for declined credit cards, returned checks, or any other
non-payment of account charges with the understanding, however, that
customer remains fully liable to BICTX for all charges incurred by
BICTX due to said declines, returned checks, etc.
If your account is in default, you are subject to an interest charge of
1.5 percent per month, or the maximum allowable rate under state law.
If you default on your account, you agree to pay BICTX its reasonable
expenses, including attorneys' fees and collection agency fees,
incurred in enforcing BICTX’s rights under BICTX’s
Internet
access agreement.
5. Billing Disputes:ANY DISAGREEMENT OR DISPUTE CONCERNING A BILL MUST
BE MADE WITHIN 30 DAYS OF THE BILL DATE. CHARGES DISPUTED AFTER THIS
PERIOD OF TIME WILL BE CONSIDERED NON-NEGOTIABLE.