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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING CARBONITE
PRODUCTS AND SERVICES
This Agreement is between Carbonite, Inc. ("Carbonite") and
you, as an authorized user of Carbonite products and services,
and governs the terms and conditions of your use of Carbonite
products and services (�Terms of Use�). This Agreement, together
with any operating rules, policies, price schedules, or other
supplemental documents expressly incorporated herein by reference
and published from time to time by Carbonite (collectively,
the "Agreement"), constitutes the entire agreement between Carbonite
and you regarding Carbonite Services, and supersedes all prior
agreements between the parties regarding the subject matter
of this Agreement.
You Must Agree to these Terms of Use to Use Carbonite Products
and Services
By using or registering for a Carbonite Product (defined below),
you agree to these terms and conditions ("Terms of Use") and
the Carbonite Privacy Policy. You agree to accept notices electronically.
Each time you use a Carbonite Product, you reaffirm your acceptance
of the then-current Terms of Use. If you do not wish to be bound
by these Terms of Use, you may discontinue using the Carbonite
Products. You cannot use or sign up for Carbonite Products until
you have accepted these Terms of Use.
Definition of Terms
a. Carbonite, Inc. is referred to herein as "Carbonite," "we,"
"us," or "our."
b. You, as the user, are referred to herein as "you," "user,"
"subscriber," "client," or "customer."
c. Carbonite Products. For purposes of these Terms of Use, the
term "Carbonite Products" shall mean Carbonite software (�Carbonite
Software� or �Software�, whether preinstalled, on a medium,
or offered by download), Carbonite services, Carbonite websites
(including, without limitation, www.Carbonite.com) and all other
software, features, tools, websites and services provided by
Carbonite, Inc.
Modifications to the Terms of Use
In the event that Carbonite makes material changes to these Terms
of Use, all current Carbonite customers and trial users will be notified
via email at least 30 days before the modified terms of use go into effect.
Carbonite will email users at the email address(es) provided by each user and
is not responsible for invalid addresses or undeliverable email. The modified
Terms of Use will be posted on our website at least 30 days in advance of the
effective date. You agree to the new posted Terms of Use by continuing your use
of the Carbonite Products. If you do not agree with the modified Terms of Use,
your only remedy is to discontinue using Carbonite Products and cancel your registration.
Requirements for Use or Registration of Carbonite Products
The Carbonite Products are intended for general consumer use.
You represent and warrant that you have adequate legal capacity
to enter into binding agreements such as these Terms of Use.
Carbonite Products may require the user to register and provide
certain personal information to Carbonite, such as name, e-mail
address, gender, date of birth, zip code (the "Personal Information").
If you register for any Carbonite Product, you agree to provide
accurate and complete Personal Information and you agree to
keep such information current.
Registered User Information
The Carbonite Privacy Policy explains how Carbonite collects
and uses Personal Information. You consent to Carbonite�s use
of your Personal Information under the terms of the
Carbonite Privacy Policy.
Lawful Use of Carbonite Products
You may use Carbonite Products for lawful purposes only.
Description of Carbonite Products
Carbonite is in the business of providing Internet-based backup
products and services, the Carbonite Products. We want you to
have the best possible experience in dealing with Carbonite
and using Carbonite Products. Carbonite offers the Carbonite
Products through its website www.Carbonite.com and through its
retail partners and other vendors. Carbonite Products may backup
specific file types, such as photos, music, home office application
files, and other file types. Carbonite Products operate automatically
with little user involvement, and work to back up your files
whenever your computer is connected to the Internet.
Changes to the Service
Carbonite has the right at any time to change, modify, add to
or discontinue or retire any aspect or feature of the Carbonite
Products including, but not limited to, the software, hours
of availability, equipment needed for access or use, the maximum
disk space that will be allotted on Carbonite servers on your
behalf either cumulatively or for any particular service or
the availability of Carbonite Products on any particular device
or communications service. Carbonite has no obligation to provide
you with notice of any such changes.
Carbonite License to You
Carbonite and its vendors grant you a personal, non-exclusive,
non-transferable limited license to install the software and
services distributed by Carbonite in object code form only on
any computer or device from which you wish to access the Carbonite
service for the sole and exclusive purposes of connecting to
and using the Carbonite Products in accordance with these Terms
of Use. You may not sub-license, or charge others to use or
access the Carbonite Service. Carbonite occasionally will provide
automatic upgrades to improve your Carbonite experience, although
these upgrades may not be consistent across all platform and
devices. You agree to accept and to take no action to interfere
with such automatic upgrades, scanning, and related services.
You may not sell, assign, grant a security interest in or otherwise
transfer any right in the Software or incorporate it (or any
portion of it) into another product. You may not copy the Software.
You may not translate, reverse-engineer or reverse-compile or
decompile, disassemble, make derivative works from, or otherwise
attempt to discover any source code in the Software. You may
not modify the Software or use it in any way not expressly authorized
by these Terms of Use. You may not obtain the communications
protocol for accessing the Carbonite service, the Carbonite
Products, or any other Carbonite services. Finally, you may
not authorize or assist any third party to do any of the things
described in this paragraph. You understand that Carbonite�s
introduction of various technologies may not be consistent across
all platforms and that the performance and features offered
by Carbonite may vary depending on your computer and other equipment.
You agree to use install and use a paid subscription to any
of the Carbonite Products on only one device at a time. If you
wish to protect multiple devices, each requires a separate paid
subscription.
Restrictions on Access to or Use of Carbonite Products
You may access Carbonite Products only through the interfaces
and protocols provided or authorized by Carbonite. You agree
that you will not access Carbonite Products through unauthorized
means, such as unlicensed software clients. Certain Carbonite
Products backup only certain types of files. You agree not to
circumvent these limitations in any way, including but not limited
to, changing file extensions or head information.
Communications
You are responsible for obtaining your own Internet access,
such as maintaining all telephone, computer hardware and other
equipment needed for access to and use of the Carbonite Products,
and all charges related thereto. Any telephone or other communications
charges incurred by you to access Carbonite are your responsibility.
Termination and Fair Use Policy
YOUR USE OF CARBONITE PRODUCTS IS SUBJECT TO CARBONITE�S "TERMINATION
AND FAIR USE POLICY.� THIS POLICY IS INTENDED TO ALLOW CARBONITE
TO DENY SERVICE TO ABUSERS. USERS WHO ARE DEEMED TO BE "ABUSERS",
IN CARBONITE'S SOLE DISCRETION, MAY BE NOTIFIED PRIOR TO SUSPENSION
OR TERMINATION OF THEIR ACCOUNTS, HOWEVER, CARBONITE RESERVES
THE RIGHT TO TERMINATE OR SUSPEND SUCH ACCOUNTS WITHOUT PRIOR
NOTICE IN THE EVENT OF A POLICY VIOLATION. ANY FAILURE BY CARBONITE
TO ENFORCE THIS POLICY WILL NOT PRECLUDE US FROM ENFORCING IT
AT ANYTIME IN THE FUTURE, WHETHER FOR PAST OR CURRENT VIOLATIONS.
Software Data Collection and Privacy Policy
Carbonite needs to collect limited amounts of basic data about
files on your computer. None of this data is shared with third
parties. Carbonite�s software routinely scans your computer
in order to detect new, modified or deleted data files that
require our software to take further action to complete backup
and restore operations. Carbonite�s software also catalogs the
number and total storage size of various file types on your
computer. Carbonite�s software inspects file headers and related
information in order to confirm that each file�s type is properly
represented by its file extension. Carbonite will never examine
the contents of your files for any other purpose, and no information
about a file�s content, other than its type (e.g. digital photos,
word processing document, etc.) and size, will ever be collected,
tracked or stored by Carbonite. Contents of all files are encrypted
before they are transmitted to Carbonite�s data center. By using
Carbonite Products, you expressly agree to allow Carbonite to
collect and use data as specified in our �Software Data Collection
and Privacy Policy.�
Disclaimer of Warranty; Limitation of Liability
DISCLAIMER OF WARRANTIES. YOUR USE OF CARBONITE PRODUCTS AND
SOFTWARE IS AT YOUR SOLE RISK. THE CARBONITE PRODUCTS AND SOFTWARE
ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR
YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
SPECIFICALLY, CARBONITE AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES
THAT THE CARBONITE PRODUCTS AND SOFTWARE ARE MERCHANTABLE, OF
SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE
OR NEED, OR NON-INFRINGING. CARBONITE AND ITS VENDORS DO NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE CARBONITE PRODUCTS
AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION
OF THE CARBONITE PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS IN THE CARBONITE PRODUCTS AND
SOFTWARE WILL BE CORRECTED. CARBONITE AND ITS VENDORS DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE CARBONITE PRODUCTS, SOFTWARE OR RELATED
DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY
OR OTHERWISE. CARBONITE PROVIDES THE CARBONITE PRODUCTS AND
SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE
THAT USERS WILL BE ABLE TO ACCESS OR USE THE CARBONITE PRODUCTS
AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT CARBONITE WILL
HAVE ADEQUATE CAPACITY FOR THE CARBONITE PRODUCTS AS A WHOLE.
LIMITATION OF LIABILITY. CARBONITE'S ENTIRE LIABILITY AND YOUR
EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH CARBONITE
(INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOFTWARE OR CARBONITE
PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE CARBONITE PRODUCTS
AND SOFTWARE. CARBONITE AND ITS VENDORS SHALL NOT BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGE ARISING FROM YOUR USE OF THE CARBONITE PRODUCTS, SOFTWARE
OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION
WITH CARBONITE PRODUCTS AND SOFTWARE. THESE EXCLUSIONS FOR INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS
OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF CARBONITE
HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF
THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, CARBONITE AND ITS
VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED
TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend, indemnify and hold harmless Carbonite,
its vendors, and their respective directors, officers, employees
and agents from and against all claims and expenses, including
attorneys' fees, arising out of your use of the Carbonite Products.
Carbonite reserves the right, at its own expense and in its
sole discretion, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you. In
that event, and only in such event, shall you have no further
obligation to provide indemnification for Carbonite in that
matter.
Trademarks
All trademarks appearing on the Carbonite Products are the property
of their respective owners, including, without limitation, Carbonite,
Inc.
Miscellaneous
The provisions of these Terms of Use addressing disclaimers
of representations and warranties, limitation of liability,
indemnity obligations, intellectual property and governing law
shall survive the termination of these Terms of Use and your
registration with the Carbonite Products.
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