By using Polaris Backup service, you or the entity you represent ("You" and "Your") agree to be bound by these Terms and Conditions, which govern your access to and use of Polaris Backup Service (the "Service") offered by Polaris Backup Ltd ("Polaris Backup", "We", "Us" or "Our"). If you are registering for the Service on behalf of an organization, You are agreeing to these Terms for that organization and promising that You have the authority to bind that organization to these Terms. In that case, "You" and "Your" will refer to that organization. It is important to note that the functionality of the Service is time-dependent and these Terms represent the functionality as of now. It is possible that earlier versions of the Service do not support all the functionalities as described below.
1. Description of Services
Subject to Polaris Backup Ltd's acceptance of Your registration and Your compliance with the terms and conditions of this Agreement, Polaris Backup will provide You with the following service (the "Service") : (a) Polaris Backup will establish one (1) online storage and online backup account in Your name on the Polaris Backup servers (the "Account"); (b) Polaris Backup will initially allow you to store up to a limit on Your choice among the provided storage options for a subscription fee; (c) Polaris Backup will allow You to retrieve data files from Your Account; (d) In Your use of the Service, you are responsible for providing the following: (i) all equipment, such as a computer and modem, necessary to access the World Wide Web; (ii) Your own access to the World Wide Web; and (iii) payment of all telephone or other fees associated with such access. Polaris Backup provides an extensive range of services. It is possible that one or more of these services may not be available at certain times...
2. Conditions of Use
You are solely responsible for the content of all data You store or retrieve from, or attempt to store or retrieve from, Your Account and for all transmissions by You from and to Your Account. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You will: (a) not use the Service for any illegal purposes; (b) not use the Service to store, retrieve, transmit or view any file, data, image or program that contains: (i) any illegal pictures, materials or information; (ii) any harassing, libellous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material of any kind or nature; (iii) any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable UK or international law or regulation; (iv) any code or material that violates the intellectual property rights of others; or (v) any viruses, worms, 'Trojan horses' or any other similar contaminating or destructive features; (c) comply with UK and other applicable law regarding the exportation and re-exportation of any data or other materials from UK or other jurisdictions through the Service; (d) not use the Service for any spamming, chain letters or other use that may otherwise disrupt the Service or the networks through which You access and use the Service; (e) comply with all regulations, policies and procedures of networks through which You access and use the Service; and (f) not access or attempt to access any Service account for which You have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account. (g) not use sharing features in a way that amounts to 'publishing' and restrict the use of sharing features to share data between friends, colleagues and business partners, in a very limited sense. (h) Polaris Backup service should not be used to sell digital content to others. It is not a media for dissemination of digital content for commercial purposes. Polaris Backup may use automated procedures to detect unacceptable level of usage and may immediately disable offending accounts, and the process of detection may vary from time to time, based on misuse detected. Polaris Backup is NOT a service for storing and disseminating large amounts of data to large number of recipients. It is an Online Backup service. Polaris Backup is not responsible for any business interruptions that may be caused due to this process.
Any link(s) provided through a web site or a mass email to download/upload files stored at Polaris Backup Accounts is completely unacceptable and would be considered as violation of terms as per the (g) clause mentioned above.
3. Registration Information/Credit Card Charges/Storage Over Limits
Service charge will be calculated on calendar month basis. You also agree that the enrolment for the next service period is automatic. You agree to pay for each service period one calendar month before the service is offered to You.
3a. Use of IP Addresses
An IP address is a number that's automatically assigned to your computer whenever you're surfing the Web. Polaris Backup may collect IP addresses for the purposes of system administration, to audit the use of our site. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our house rules or terms of service or to protect our service, site, customers, or others. Some services and Emails sent from Polaris Backup, such as registration related, may display IP addresses along with the message.
4. Account and Password
After You accept this Agreement and Your registration has been accepted by Polaris Backup, You will receive a confirmation by email that your Account has been established. You are solely responsible for any consequences arising out of Your failure to maintain the confidentiality of Your Password. You will notify Polaris Backup of any unauthorized use or other breach in security of Your Account immediately after You learn of the same.
5. Security of Stored Data and Files
Polaris Backup will endeavour to restrict access to the data and files You store or retrieve from Your Account to persons accessing such data and files through use of Your Account or Password. However, it may be necessary to access users accounts for support requirements. It may also be necessary to access users accounts to verify that the accounts are not being misused, especially with respect to digital copyright laws and resource misuse checks including bandwidth. For higher security and privacy requirements, users are advised to use Encryption option. Nevertheless, this Service does not guarantee that the confidentiality of your data which is governed by the software in use, will not be compromised. Please refer to the software license agreement for the details.
6. Content of Stored Data and Files
You are solely responsible for (a) obtaining sufficient rights to the content of all data and files stored by You on Polaris Backup's servers and (b) ensuring that such content does not include any of the items listed in paragraph 2(b) above. Polaris Backup normally does not review, inspect, edit or monitor any content, data or files stored by You or any other user of the Service, including, without limitation, for viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. However, if Polaris Backup has suspicion that an account is being used for storage and distribution of any illegal material such as copyrighted content, Polaris Backup reserves the right to examine the content of the online storage and backup account. In addition, Polaris Backup may be asked to provide user data and logs as a part of a legal issue in a third party case by a court order or a subpoena, discovery request or other lawful process that may override privacy rules. Polaris Backup reserves the right to refuse, remove or disable access to any data or files stored on Polaris Backup's servers with immediate effect that Polaris Backup learns may be illegal, may violate the terms of section 2 above, may violate the rights of any third party or otherwise may be reasonably objectionable.
6a. Backups of your data
Polaris Backup maintains regular backups of data to recover from software or hardware failures. However, we advise you to audit your logs for the desktop application completely including individual entries for files and total count periodically to ensure that the backups are taking place successfully and in case of errors, take corrective action. Polaris Backup requires periodic review, at least on a weekly basis to verify the execution of backups as backups could fail for any number of reasons including but not limited to, internet connectivity issues, authentication issues, firewall, blocks by anti-virus programs and system configuration changes to the computer etc. Also, do upgrade the backup client to the most recent version for improved reliability of backups.
7. Disclaimer of Warranties
The transmission, storage, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. Accordingly, Your use of Your account and the service is at Your risk. Your account and the service is provided to You on an "as is" and "as available" basis. Polaris Backup disclaims all warranties and conditions, express or implied, arising by law or otherwise, with respect to Your account and the service (including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement). Your account and the service may not meet Your needs. Polaris Backup makes no representation or warranty: (a) that Your account or the service will meet Your needs; (b) that access to Your account or the service will be timely, error-free, uninterrupted, virus-free or secure; (c) that the data and files You store in Your account will not be lost or damaged; (d) that the data on Your desktop or server will not be lost or damaged; or (e) that defects in the service will be corrected. You acknowledge that any material or data You retrieve through the use of the service is done at Your choice and risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the retrieval of such material or data.
8. Limitations of Liability
In no event shall Polaris Backup have any obligation or liability to You for the cost of procurement of substitute services or data or for any direct, indirect, incidental, special, exemplary or consequential damages (including, without limitation, any loss of data, revenue or profits or business interruption) or other pecuniary loss arising out of Your use or inability to use Your account or the service or Your loss of data or files stored therein.
You will defend, indemnify and hold Polaris Backup, its parents, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable lawyers' fees and costs, made by any third party due to or arising out of (a) Your use of Your Account and the Service, (b) any data files and content stored by You in Your Account and otherwise on the Polaris Backup servers and (c) any violation of this Agreement by You.
You agree to subscribe the Service for a contract period of 12 months. if Polaris Backup believes that You have violated Your obligations under this Agreement, Polaris Backup may, at its option and in addition to its other remedies, immediately and without notice, suspend Your Account, remove and destroy data and files stored by You on Polaris Backup's servers and/or terminate this Agreement. Polaris Backup will not be liable to You or any third party for any suspension or termination of Your Account or the Service. Should You object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately: (a) discontinue use of the Service; (b) terminate this Agreement; and (c) notify Polaris Backup of such termination. Upon any termination of this Agreement, Polaris Backup will remove your stored data files from main storage and archives within a thirty (30)-day period from termination notice. Sections 7,8, 9, 10, 11, 12, 13 and 14 of this Agreement (and any other provision that can be reasonably construed to survive termination) will survive termination of this Agreement.
Any notice under this Agreement given by Polaris Backup to You will be deemed to be properly given if sent by email to Your email address as set forth in the Registration Information. It is important that you maintain a correct working email id and update it if necessary to be able to receive Polaris Backup's communication. It is also important that your email system is able to receive emails from Polaris Backup.com into your inbox. Any notice under this Agreement given by You to Polaris Backup will be deemed to be properly given if received by email sent to Polaris Backup's Customer Service at backup-support@Polaris Backup.co.uk. On cancellation of account by the user, or by Polaris Backup due to various reasons including non-payment for the services, user data files will be removed within a thirty (30)-day period from cancellation date from main storage as well as archives.
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
13. Modifications to this Agreement
The terms and conditions of this Agreement may be changed by Polaris Backup from time to time. Upon any such change, Polaris Backup will notify You of such change in accordance with paragraph 11 above and post an updated version of this Agreement on the Polaris Backup's website located at http://www.Polaris Backup.co.uk/terms. Your use of any Services after such notification will constitute Your acceptance of such changed terms and conditions.
Your right to use the Service is personal to You, and You will not assign any of Your rights, obligations or interest in this Agreement or Your Account. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. Polaris Backup's failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. This Agreement will be governed by the laws of the UK. You consent to the venue and exclusive jurisdiction of the courts located in UK, with regard to any claim arising under or otherwise occurring by reason of this Agreement or Your use of the Service or Your Account. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.
15. Disclosure of Customer Information
The Customer grants Polaris Backup the right to put the Customer's information, including but not limiting to the Customer's company logo, name and the website URL on Polaris Backup's website or on any marketing materials or on any documents to indicate that the Customer is one of the Polaris Backup's customer. If the Customer is not willing to disclose these information, written request has to be sent to Polaris Backup by mail or email for confirmation.
16. Acceptable Use Policy
Customers with an unlimited subscription plan may use the Service for normal business usage. Although Polaris Backup does not limit bandwidth or storage on Unlimited Subscription plans, we reserve the right to limit excessive use if it appears that the service is being abused. If your usage greatly exceeds the average of Polaris Backup customers, this may be flagged and a check made to confirm that the excessive usage is genuine and the service is not being abused. As an example, we would define storage consumption greater than 3 TB for an individual server as beyond the scope of normal usage. Likewise, a combined total storage greater than 5TB would be flagged as potentially excessive and therefore checked for integrity.