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.
Updated 2/1/07