Support.com Terms of Service and End User License Agreement

Privacy | Conduct | End User License

Introduction.

To use “Data Backup by Support.com” services, you must install and use certain software provided by Soonr, Inc. (“Data Backup Software”) on your personal computer or mobile device. As a condition to your installation and use of the Data Backup Software, you must agree to this Service Agreement (“Agreement”). Before reading the sections below, please note the following preliminary terms:

Entering into this Agreement.

This Agreement is a valid and binding agreement between Soonr, Inc., a Delaware corporation (“Soonr”) and you, the end user of the Data Backup Software (“You”, or “Your”). You must enter into this Agreement by clicking on the ACCEPT button in order to install and use the Data Backup Software. You agree that this Agreement covers all your use of Data Backup Software, whether it be from this installation or from any other terminals or devices where Data Backup Software has been installed by You or by third parties. Furthermore, by installing and continuing to use the Data Backup Software, You agree to be bound by the terms of this Agreement and any new versions hereof. If You don't unconditionally agree to all the terms of this Agreement, click the CANCEL button and the download and installation process will not continue.

Age / Jurisdiction’s Restriction.

If You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are in such a jurisdiction and under such age limit, You may not enter into this Agreement and download, install or use the Data Backup Software. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction that Your use of the Data Backup Software is allowed

Storage / Transfer of Information.

SOONR STORES AND PROCESSES THE INFORMATION WHICH SOONR COLLECTS FROM YOU ON COMPUTERS IN THE UNITED STATES AND OTHER COUNTRIES IN WHICH SOONR OR ITS AGENTS HAVE FACILITIES. YOUR ACCEPTANCE OF THIS AGREEMENT INCLUDES YOUR CONSENT TO TRANSFERS OF SUCH INFORMATION OUTSIDE YOUR COUNTRY.

1. Description.

Data Backup Software enables You to access many of the applications and files located on Your Internet connected personal computer, such as documents, spreadsheets, and pictures (“Your Content”), from a web-enabled mobile telephone or web browser, to share Your Content with other Data Backup users, and to upload and store Your Content on Data Backup’s servers. The services provided by Soonr and enabled by the Data Backup Software are referred to in this Agreement as the Data Backup services (“Data Backup Services”). Some Data Backup Services are provided free of charge, other Data Backup Services are provided for a fee. As a condition to Your use of any particular Data Backup Service (whether a free or paid service), You agree to the most recent terms and conditions and other information published on the Data Backup Website with respect to those particular Data Backup Services.

2. License.

Subject to the terms of this Agreement, Soonr, hereby grants You a limited, personal, non-sublicensable, non-transferable, nonexclusive license to download, install and use the Data Backup Software on the number of computers specified. For avoidance of doubt, You are permitted to use the Data Backup Software at work, in accordance with the terms of this Agreement. The Data Backup Software may be used only to access Data Backup Services, and must be used in accordance with any instructions provided to You by Soonr. The term “Data Backup Software” also includes any documentation (whether included in the download or accessible online), and any Updates provided by Soonr pursuant to Section 6, below.

3. License Restrictions.

Data Backup Software is licensed, not sold to You, and is licensed only for Your personal use. You may not sell, assign, rent, lease, distribute, export, act as an intermediary or provider, or otherwise grant rights to third parties with regard to all or any part of the Data Backup Software, or the Data Backup Services. You may not, and you may not permit others to, reproduce, modify, reverse-engineer, decompile, disassemble, or attempt to discover the source code, structure or sequence, or otherwise hack, the Data Backup Software, and have no rights to create derivate works from the Data Backup Software.

4. Third Party Software.

You agree that the Data Backup Software may be incorporated into, and may include, software and other technology owned and controlled by third parties (“Soonr Suppliers”). Any such third party software or technology that is incorporated into the Data Backup Software will be considered Data Backup Software for purposes of this Agreement and so falls within the scope of this Agreement. For all purposes of this Agreement, each Soonr Supplier will be expressly deemed an intended third party beneficiary of this Agreement, and will have the right to enforce the terms and conditions of this Agreement as each believes is required or advisable to protect its rights and interests in its software (including associated documentation) and other technology. The term “Data Backup Software” also includes any documentation (whether included in the download or accessible online and whether or not provided by Third Party Suppliers), and any revisions to the same. Any other third party software or technology that may be distributed together with the Data Backup Software will be subject to You accepting a license agreement with that third party. Data Backup Software enables remote access to applications installed on a computer on which Data Backup Software is installed. You should consult the license agreement accompanying the applicable software application or contact the licensor of that product to determine whether use of the product with Data Backup Software is permitted without an additional license.

5. Your Conduct.

As a condition of Your use of the Data Backup Software, You agree that You will not use the Data Backup Software: (i) to infringe the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) to violate any applicable law, statute, ordinance or regulation; (iii) to disseminate any content in any form or format that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable under applicable laws or community standards; or (iv) to disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You are solely responsible for all Your Content that You upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Data Backup Software, and You will be solely responsible for any damage to any party resulting there from. For a complete outline of the Data Backup Code of Conduct for the Data Backup Software and Website, please visit http://www.backup.support.com/partner/support/conduct.html. You acknowledge and agree that your Content may be removed from Data Backup’s servers pursuant to the “Removal/Deletions” sections of the Code of Conduct.

6. Support and Updates.

Soonr reserves the right to add or remove features or functions to or from the Data Backup Software or any Data Backup Service, or to provide programming fixes, enhancements, updates and upgrades, to the Data Backup Software (collectively “Updates”). You agree that Soonr has no obligation to provide You with Updates, or make available to You any subsequent versions of the Data Backup Software. You also agree that You may have to enter into a renewed version of this Agreement if You want to download, install or use an Update. You acknowledge and agree that Soonr, in its sole discretion, may modify, discontinue or suspend Your ability to use any version of the Data Backup Software or any Data Backup Service, and/or disable any Data Backup Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other reason.

7. Privacy and Data Protection.

As a condition of downloading and using the Data Backup Software, you agree to the terms of the Soonr Privacy Policy, as expressed in the most recent version that exists at the time of your use. You acknowledge and agree that the Soonr Privacy Policy may be updated by Soonr from time to time. The Soonr Privacy Policy is available at http://www.backup.support.com/partner/support/privacy.html and is incorporated into this Agreement. You understand and agree that Soonr stores and processes the information that we collect from you on computers in the United States and/or the European Union. Your acceptance of this Agreement includes your consent to those transfers. You also understand and agree to accept emails from Soonr pertaining to Your Data Backup account, product upgrades, updates, and new products and services. Generally, Soonr will not send you more than one or two emails per week. You may unsubscribe from receiving these emails at any time by following the ‘unsubscribe’ directions at the bottom of every email. Unsubscribing from these emails will prevent you from receiving promotional messages in the future. You may still receive messages regarding feature or service changes or issues.

8. Uninstall Data Backup Software.

If your personal computer uses a Windows operating system, you may uninstall the Data Backup Software at any time via the Windows Add/Remove functionality labeled "Data Backup Desktop Agent." If personal computer is a Mac, open the agent, and go to the About page. Click on the "Uninstall" button to remove the software.
If You need assistance with the Data Backup Software, including uninstalling the software, please contact us at 1-800-PC-SUPPORT (727-8776).

9. Intellectual Property Rights.

Soonr and the Soonr Suppliers will retain all title, ownership rights, and intellectual property rights in and to the Data Backup Software, and any copies or portions thereof. The Data Backup Software is protected by the copyright laws of the United States and international copyright treaties. You will maintain and not remove or obscure any proprietary notices on the Data Backup Software, and will reproduce such notices exactly on all permitted copies of the Data Backup Software. As between the parties, You will retain all title, ownership rights, and intellectual property rights in and to Your Content and any copies or portions thereof, subject to Soonr rights to use, copy and modify such Content solely for the purpose of providing the Data Backup Services to You.

10. Indemnity.

You agree that Licensor and its affiliates and distributors, and the Soonr Suppliers will have no liability whatsoever for any use You make of the Data Backup Software or Data Backup Services. You agree to indemnify, defend and hold Licensor, its affiliates, and distributors and the Soonr Suppliers harmless from and against any and all claims, damages, liabilities, and costs and fees (including reasonable attorneys’ fees), in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, (c) use or misuse of the Data Backup Software, or (d) any upload, download or dissemination or Your Content by means of the Data Backup Software.

11. WARRANTY DISCLAIMER.

THE DATA BACKUP SOFTWARE AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, AND LICENSOR ON BEHALF OF ITSELF AND THE SOONR SUPPLIERS HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. NEITHER LICENSOR, NOR LICENSOR’S AFFILIATES, AND DISTRIBUTORS, NOR THE SOONR SUPPLIERS MAKE ANY WARRANTY THAT THE DATA BACKUP SOFTWARE OR SERVICES WILL BE WITHOUT DEFECTS, AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR OTHERWISE MEET YOUR EXPECTATIONS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. AS SOME JURISDICTIONS DO NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS ABOVE, THEY MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY.

IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR DISTRIBUTORS (OR ANY OF THE FOREGOING ENTITIES’ OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF THE DOWNLOAD, USE, OR INABILITY TO USE THE DATA BACKUP SOFTWARE AND SERVICES. IN NO EVENT WILL THE MAXIMUM CUMULATIVE LIABILITY OF SOONR UNDER THIS AGREEMENT, THE PRIVACY POLICY, OR ANY TERMS OF SERVICE, EXCEED THE FEES YOU’VE PAID TO LICENSOR, OR IF NONE PAID, 10 DOLLARS. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE DATA BACKUP SOFTWARE OR SERVICE IS TO DEINSTALL AND CEASE USE OF THE DATA BACKUP SOFTWARE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU HAVE NO RIGHTS WHATSOEVER AGAINST OR WITH RESPECT TO ANY SOONR SUPPLIER ARISING OUT OF YOUR USE OR INABILITY TO USE THE DATA BACKUP SOFTWARE OR SERVICES, BUT RATHER THAT ANY REMEDY OR DAMAGES YOU MAY SEEK AND YOUR SOLE AND EXCLUSIVE RECOURSE WITH RESPECT TO ANY PROBLEMS OR CLAIMS YOU MAY HAVE OR ALLEGE WITH RESPECT TO THE DATA BACKUP SOFTWARE OR SERVICES IS LIMITED TO SOONR.

13. Term and Termination.

This Agreement shall continue until terminated as set forth in this section.

13.1 Termination by You.

You may terminate this Agreement at any time by deleting the Data Backup Software from Your computer. See Section 8 of this agreement for details. In the event You choose to terminate Your account, Soonr reserves the right to retain data required for account settlement or billing purposes. To delete Your account, please call 1-800-PC-SUPPORT (727-8776).

13.2 Termination by Soonr.

Without limiting other remedies, Soonr may limit, suspend, or terminate this Agreement and Your use of Data Backup Software, prohibit access to Data Backup Services or Website and delete Your user account, effective immediately, if You are in breach of this Agreement, or the Data Backup Code of Conduct. Soonr will effect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to Your Data Backup user account. Soonr reserves the right to cancel user accounts that have been inactive for more than one (1) year.

13.3 Effect of Termination.

Upon termination of this Agreement, (a) You acknowledge and agree that all licenses and rights to use the Data Backup Software will terminate, and (b) You will cease any and all use of the Software, and (c) You will remove the Data Backup Software from all hard drives, networks and other storage media and destroy all copies of the Data Backup Software in Your possession or under Your control. The terms providing for a limitation on liability with respect to Soonr and the Soonr Suppliers and the warranty disclaimer, together with such other terms which by their nature would be understood to survive any termination of this license, will so survive.

13.4 No Liability.

Neither Soonr nor the Soonr Suppliers will be liable for any damages caused by the termination of this Agreement.

14. New Versions of the Agreement.

Soonr reserves the right to make changes to this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the Soonr Website. The revised Agreement will become effective within thirty (30) days of such publishing or provision to You, unless You expressly accept the revised Agreement earlier by clicking on the accept button. The express acceptance by You, or Your continued use of the Data Backup Software after expiration of the thirty (30) day notice period will constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at http://www.backup.support.com/partner/support/eula.html.

15. Government Use.

If You are part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the Software is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Data Backup Software is a “commercial item,” “commercial computer software” and “commercial computer software documentation.” In accordance with such provisions, any use of the Data Backup Software by the Government will be governed solely by the terms of this Agreement.

16. Export Controls.

You will comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and You will not export, or allow the export or re-export of the Data Backup Software in violation of any such restrictions, laws or regulations. By downloading or using the Data Backup Software, You agree to the foregoing and represents and warrant that You are not located in, under the control of, or a national or resident of any restricted country, and that You will otherwise comply with all applicable export control laws.

17. Applicable Law.

The laws of the State of California will govern this Agreement, without reference to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. The sole and exclusive jurisdiction and venue for actions arising under this Agreement will be the State and Federal courts in San Francisco County, California; You hereby agree to service of process in accordance with the rules of such courts.

18. Miscellaneous.

18.1 Entire Agreement.

This Agreement sets forth the entire understanding and agreement between You and Soonr with respect to the subject matter hereof. If any provision or provisions hereof will be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be in any way affected thereby.

18.2 Third Party Fees.

You are responsible for fees associated with the operation of Your mobile device and personal computer, such as messaging charges and airtime, and the costs of Internet access.

18.3 Waivers.

Soonr’s failure to act with respect to a breach of this Agreement by You or others does not constitute a waiver and will not limit Soonr’s rights with respect to such breach or any subsequent breaches.

18.4 No Assignment by You.

This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever.

18.5 Assignment by Soonr.

Soonr expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder.

18.6 Language.

The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version will prevail.

18.7 Electronic Communications and Signatures.

You hereby agree to the use of electronic communication in order to enter into agreements and place orders, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Soonr Software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

Contact Us | Terms and Conditions | Privacy