Online Backup in the UK.
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Tel : 01 332 271 808
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In association with
365backup.co.uk is a reseller of livedrive services.
We are an independent business and not part of livedrive.
We however we are governed by the Terms set out by livedrive, an amended copy is shown below.
Livedrive may change these Terms. If you are in doubt please visit livedrive.com
22 Nov 2012
These terms of service ("Terms") govern your access and use of all 365backup.co.uk in association with Livedrive services so please read them carefully before using the services.
By using the services you agree to be bound by these Terms in their entirety.
If you are using the services on behalf of an organization then you are agreeing to these terms for that organization and are warranting that you have the authority to bind that organization to these terms. In that case "you" and "your" will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services
only if you have the power to form a contract with 365backup.co.uk and are not barred
under any applicable laws from doing so. The Services may continue to change over
time as we refine and add more features. We may stop, suspend, or modify the Services
at any time without prior notice to you. We may also remove any content from our
Services at our discretion.
Your Files and Privacy
By using our Services you provide us with information, files, and folders that you submit to 365backup.co.uk in association Livedrive (together, "your files"). You retain full ownership to your files. We don’t claim any ownership of any of it. These Terms do not grant us any rights to your files or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your files, for example, hosting your files, or sharing them at your discretion. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.
To be clear, aside from the rare exceptions we identify in our , no matter how the Services change, we won’t share your content with others, including law enforcement, for any purpose unless you direct us to. How we collect and use your information generally is also explained in our
You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that 365backup.co.uk in association Livedrive has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
The Services provide features that allow you to share your files with others or to
make it public. There are many things that users may do with your files (for example,
copy it, modify it, re-
We may revise these Terms from time to time and the most current version will always be posted on the livedrive.com website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Software and Updates
Some of our Services require you to download a client software package ("Software"). 365backup.co.uk in association Livedrive hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available. Your acceptance of such updates is required under the Terms.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify 365backup.co.uk of any unauthorized use of your account.
Your General Responsibilities
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not 365backup.co.uk in association with Livedrive, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not 365backup.co.uk in association with Livedrive, are responsible for maintaining and protecting all of your files. 365backup.co.uk in association with Livedrive will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.
Limitation of Liability
THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS
OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL 365backup.co.uk in association with LIVEDRIVE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT 365backup.co.uk in association with LIVEDRIVE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF £20 OR THE AMOUNTS PAID BY YOU TO 365backup.co.uk in association with LIVEDRIVE FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.
You can stop using our Services any time. We reserve the right to suspend or end
the Services at any time, with or without cause, and with or without notice. For
example, we may suspend or terminate your use if you are not complying with these
Terms, or use the Services in any way that would cause us legal liability or disrupt
others’ use of the Services. If we suspend or terminate your use, we will try to
let you know in advance and help you retrieve data, though there may be some cases
(for example, repeatedly or flagrantly violating these Terms, a court order, or danger
to other users) where we may suspend immediately. If we terminate your service for
breach of these terms no refund of any fees paid to 365backup.co.uk in association
with Livedrive relating to your service will be offered. If we terminate your service
for any other reason than breach of these terms, or at our sole discretion, then
we may refund unused portion of fees paid for the Services on a pro-
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY UNITED KINGDOM LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF LONDON, UK AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and 365backup.co.uk in association with Livedrive with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. 365backup.co.uk in association with Livedrive’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but 365backup.co.uk in association with Livedrive may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. 365backup.co.uk in association with Livedrive and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Free Trial Period
Where services are offered on a free trial basis, payment will be taken for the first month, quarter or year when you enter your billing details during the free trial period.
The renewal date for the contract shall be deemed to be one month, quarter or year following the start of your use of the service.
If you wish to cancel your contract during the free trial period you may do so by informing us in writing before the end of the free trial period, and before you have made payment.
If you do not cancel your service prior to the end of the free trial period the fees for the first month, quarter or year of your service will become due.
Optionally, with some services, you may pay in advance at the commencement of your free trial. In these circumstances you cannot cancel the free trial as described above, but a money back guarantee may be available if you chose to cancel within 30 days.
Money Back Guarantee
Some services are advertised as including a money back guarantee. To receive a refund under the guarantee you must inform us in writing before the end of the advertised money back guarantee period.
If you do not claim a refund of fees during this period then no refund will be due.
Money back guarantee is not available in combination with a free trial. If you pay for our services during or at the end of a free trial period then no money back guarantee will be available.
All charges payable by you for the 365backup.co.uk in association with Livedrive Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted, and shall be due and payable in advance of provision of the 365backup.co.uk in association with Livedrive Services.
80% of the first year's fees charged for any 365backup.co.uk in association with Livedrive service relate to the initial setup of your account, provisioning of computer hardware, support and service activation. You agree that, except where otherwise specified in these terms, these fees are not refundable on any basis.
We reserve the right to alter pricing, including ceasing to offer elements of the 365backup.co.uk in association with Livedrive Services. 365backup.co.uk in association with Livedrive will inform you by email if the charge for a service is to be altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.
All fees for our services are due in advance and your contract will automatically renew on its anniversary month, quarter or year, at which point fees for the following month, quarter or year become payable. If you choose to pay by credit or debit card then you authorise 365backup.co.uk in association with Livedrive to debit your account renewal fees from your card. If you wish to cancel your contract with 365backup.co.uk in association with Livedrive, you must do so in writing before the renewal of your contract.
All fees paid to us are non refundable except in circumstances set out in these Terms.
You agree not to issue a chargeback via your bank in relation to any fees charged by us. If you do so you accept that you will be liable for our costs in dealing with the chargeback and recovering any fees properly due to us under the Terms.
Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.
The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. These Terms do not grant you any rights to use the 365backup.co.uk or Livedrive trademarks, logos, domain names, or other brand features.
Additional Terms applicable to use of Livedrive Backup
Some services, including the Livedrive Backup and Livedrive Pro Suite package are
sold on a per-
There is a limit of 2TB for any single external drive including NAS devices and USB drives.
With the exception of our business service, services that include Livedrive Backup are not to be used for archiving. You must at all times hold an original copy of the data in the original location on the system it was backed up from. If you delete files from your computer that have been backed up we will remove the corresponding backup from our servers.
You must at all times run the Livedrive software on any computer that is being backed up and you must ensure this computer connects to the Internet at least once every 30 days. Livedrive will remove backups for computers that have not connected to the service for 30 days.
If you wish to restore data backed up onto our servers we may require up to 72 hours notice. Whilst ordinarily we would expect your data to be available for restore immediately, we reserve the right to archive data in facilities where it may not be available for immediate access.
You agree not to misuse the Livedrive services. For example, you must not, and must not attempt to, use the services to do the following things.
Probe, scan, or test the vulnerability of any system or network;
Breach or otherwise circumvent any security or authentication measures;
Access, tamper with, or use non-
Interfere with or disrupt any user, host, or network, for example by sending a virus,
overloading, flooding, spamming, or mail-
Plant malware or otherwise use the Services to distribute malware;
Access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");
Send unsolicited communications, promotions or advertisements, or spam; send altered,
deceptive or false source-
Publish anything that is fraudulent, misleading, or infringes another's rights; promote or advertise products or services other than your own without appropriate authorisation;
Impersonate or misrepresent your affiliation with any person or entity;
Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
Violate the law in any way, or violate the privacy of others, or defame others.
In accordance with the Digital Millennium Copyright Act of 1998, 365backup.co.uk in association with Livedrive will respond expeditiously to claims of copyright infringement committed using the Livedrive service and/or the 365backup.co.uk website (the "Site") if such claims are reported to 365backup.co.uk in the manner identified in the sample notice below.
If you are a copyright owner, authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it by postal mail to the address below.
DMCA Notice of Alleged Infringement ("Notice")
Identify the copyrighted work that you claim has been infringed, or – if multiple
copyrighted works are covered by this Notice -
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).""I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to:
1 Kingdom Street
365backup.co.uk is operated by Graham Jacobs, Fellow of the Institution of Analysts
© Graham Jacobs F.I.A.P. 2011-