Code of Conduct

Privacy | Conduct | End User License

Last Updated: Septermber 10, 2010


Table of Contents
Modification
Caution
Removal / Deletion
Lawful Use of Data Backup Services
How is this Code of Conduct Enforced?
Copyright Policy
Indemnification
SPAM Policy

By registering with Data Backup by Support.com, visiting and/or using the Data Backup by Support.com service, and/or downloading the Data Backup by Support.com Software (“Data Backup Software”) you agree to accept this Code of Conduct from Support.com's partner, Soonr, as a part of your agreement with Support.com.  The services provided by Data Backup by Support.com are referred to in this policy as the Data Backup Service (“Data Backup Service”).  We refer to those who have registered with Data Backup by Support.com, use the Data Backup by Support.com Service, and/or downloaded and use the Data Backup by Support.com Software as users (“Users”).

Modification

This Code of Conduct remains in force as long as you continue to use the Data Backup Software and/or Service.  The Code of Conduct is not exhaustive, and Soonr may choose to modify it at any time without prior notice.

Caution

You agree that you are entirely responsible for the files you choose to upload via the Data Backup Service (“User Content”).  You also agree that Soonr has no liability for material or other harm caused by the actions or files uploaded by Users, and you agree that Soonr shall have no liability to you arising from the administration of the Data Backup Service as provided in this Code of Conduct.

Removal / Deletion

Soonr reserves the right to delete material uploaded to Data Backup by Support.com servers through the Data Backup Service, remove the User’s account, and otherwise suspend access to and use of the Data Backup Service for the following reasons: 1) violation of this Code of Conduct; 2) actions we reasonably believe are misrepresentative, fraudulent, or illegal; 3) accessing, or attempting to access restricted information, or files that you (or other Data Backup Users) do not have legitimate access to; 4) automated or fraudulent creation of Data Backup accounts; and 5) as determined by Soonr.  Uploaded material or access to the Data Backup Service may be suspended or removed without notice.

Although you are free to use the Data Backup Service to backup the files on your computer desktops for access via your mobile phone or another computer, Soonr may, at its sole discretion, remove all record of files which are not consistent with this Code of Conduct.   These include (without limitation):

Lawful Use of the Data Backup Service

You may not use the Data Backup Service for any unlawful purpose.

The Data Backup Service may not be used to store, backup, or distribute child pornography and may not be used in violation of U.S. export control laws or the export or import regulations of other countries.  You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import as may be required.

You may not use the Data Backup Service if you are a citizen, national, or resident of, or are under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, or any other country to which the United States has prohibited export.  Each time you use the Data Backup Service and Software you represent, warrant, and covenant that:

You are not a citizen, national, or resident of, nor under the control of, any such country to which the United States has prohibited export; (ii) you will not download or otherwise export or re-export the Data Backup Software, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries; (iii) you are not listed on the U.S. Department of Treasury's Lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, the U.S. Department of State's List of Statutorily Debarred Parties, or the U.S. Department of Commerce's Denied Persons List, Entity List, or Unverified List Table of Denial Orders; (iv) You will not download or otherwise export or re-export the Data Backup Software, directly or indirectly, to persons on the above mentioned lists; (v) you will neither use nor allow the Data Backup Software to be used for, any purposes prohibited by United States federal or state law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction; (vi) the Data Backup Software will not be exported, directly, or indirectly, in violation of these laws, nor will the Data Backup Service be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation; and (vii) you are not using or permitting others to use the Data Backup Software or Service to create, store, backup, distribute, or provide access to child pornography.

How is this Code of Conduct Enforced?

Soonr does not routinely monitor the activity of individual Data Backup accounts for violations of this Code of Conduct.  However, in Soonr’s efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Data Backup Service.  Soonr has no obligation to monitor the Data Backup Service.  However, Soonr and its partners reserve the right at any time to monitor storage usage and other user activity, in order to, among other things, operate the Data Backup Service, identify violations of this Code of Conduct, and protect the Data Backup Service and Users.

Soonr prefers to inform users of inappropriate activities and give them a reasonable period of time in which to take corrective action. Soonr also prefers to have users directly resolve any disputes or disagreements they may have with others, whether users or not, without Soonr's intervention. However, if the Data Backup Service is used in a way that Soonr or its partners, in their sole discretion, believe violates this Code of Conduct, Soonr or its partners may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, the immediate suspension or termination of all or any portion of the Data Backup Service.  Neither Soonr nor its affiliates, partners, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Soonr’s exclusive remedies and Soonr may take any other legal or technical actions it deems appropriate with or without notice.

You expressly authorize and consent to Soonr and its partners cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at Soonr and its Internet service providers or other network or computing facilities in order to enforce this Code of Conduct.  You acknowledge and agree that Soonr may, at its discretion, share uploaded files as it deems necessary with law enforcement officials if subpoenaed.

The failure of Soonr or its suppliers to enforce this Code of Conduct, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Code of Conduct is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Soonr. Soonr reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Soonr ’s response to a future complaint.  You acknowledge and agree that Soonr shall not assume or have any liability for any action or inaction by Soonr with respect to any User content.  Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.

Copyright Policy

The Data Backup Service is not meant to be used for the distribution of copyrighted material by anyone other than the copyright holder, their authorized agents, or those with proper permission to distribute the material.  You are prohibited from using the Data Backup Service to upload, transfer, trade, or otherwise distribute copyrighted material that you do not have privileges to do so with.  Soonr also reserves the right to remove any copyrighted material it finds in violation of this code of conduct.

Indemnification

You agree to indemnify, defend and hold harmless Soonr and its affiliates, partners, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this Code of Conduct. Your indemnification will survive any termination of your Data Backup account.

SPAM Policy

You will not use the Data Backup Software to transmit, either directly or indirectly, or facilitate the transmission of any unsolicited bulk or commercial email ("Spam").


Support.com reserves the right to change or update this Code of Conduct, and you are encouraged to periodically check this page for updates.
For inquiries about, or more information on, this Code of Conduct, please contact us at 1-800-PC-SUPPORT (727-8776).

Revised September 10, 2010

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