General Terms
These terms of service (the Terms of Use) govern
your access to and use of all Backup So Simple and Livedrive
Internet Limited (Livedrive) services (the Services),
whether sold to you directly by Livedrive or through a Livedrive
authorised retail electronic outlet (a Retail Outlet).
Where the context so permits, the words "we",
"our" and "us" refer to either Backup
So Simple or the Livedrive Organisation, including its successors
and assigns, subject to the respective statement, policy,
condition or service. Please read these Terms of Use carefully
before using the Services.
1.By using the Services you agree to be bound by these
Terms of Use in their entirety for the period of time agreed
between the parties, encompassing both the initial billing
period agreed at sign-up and such further periods as are
renewed automatically (each a Fixed Contract Period)
in accordance with these Terms of Use.
2.If you are using the Services on behalf of an organisation
then you are agreeing to these Terms of Use for that organisation
and are warranting that you have the authority to bind that
organisation to these Terms of Use. In that case "you"
and "your" will refer to that organisation.
3.You may use the Services only in compliance with these
Terms of Use. You may use the Services only if you have
the power to form a contract with Livedrive 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.
Activation, Your Files and Privacy
4.By using our Services you provide us with information,
files, and folders that you submit to Livedrive (together,
"your files"). You retain full ownership to your
files. We dont claim any ownership of any of your
files. These Terms of Use 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.
5.The Services may be activated in one of two ways. You
may commence the use of the Services by uploading your files,
or in the case of a purchase from a Retail Outlet, if you
have not taken steps to activate the Services in the three
months after purchase, the Services will be automatically
activated without further reference to you. You will be
sent an activation email following activation as long as
you have provided us with a valid email address.
6.We may need your permission to do things you ask us to
do with your files, for example, hosting your files, or
sharing your files 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.
7.Aside from the rare exceptions we identify in the Livedrive
Privacy Policy, no matter how the Services change, we wont
share your content with others, including law enforcement
agencies, for any purpose unless you direct us to. How we
collect and use your information generally is also explained
in the Livedrive Privacy Policy.
8.You are solely responsible for your conduct, the content
of your files, and your communications with others while
using the Services. For example, its your responsibility
to ensure that you have the rights or permission needed
to comply with these Terms of Use.
9.We may choose to review public content for compliance
with our community guidelines, but you acknowledge that
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.
Sharing
10.The Services provide features that allow you to share
your files with others or to make your files public. There
are many things that users may do with your files (for example,
copy it, modify it, re-share it). Please consider carefully
what you choose to share or make public. Livedrive has no
responsibility for that activity.
Modifications
11.We may revise these Terms of Use from time to time
and the most current version will always be posted on the
Livedrive website (https://www.livedrive.com/terms-of-use).
By continuing to access or use the Services after revisions
become effective, you agree to be bound by Terms of Use
then prevailing. If you do not agree to the revised Terms
of Use, please stop using the Services.
Software and Updates
12.Some of our Services require you to download a client
software package ("Software"). Livedrive hereby
grants you a limited, non-exclusive, non-transferable, 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 of Use in a manner that implicates
our intellectual property rights. We hereby reserve all
rights not expressly granted in these Terms of Use. 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 of Use.
Account Security
13.You are responsible for safeguarding the password that
you use on your Livedrive account to access the Services
(the Account) 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 authorised
that activity. You should immediately notify Livedrive of
any unauthorised use of your Account.
Your General Responsibilities
14.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. Livedrive reserves its right to delete files
(without notice to you) where it has a reasonable belief
that you do not have the right to copy, upload, download
or share such files. You, not 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 Services.
15.You, and not Livedrive, are responsible for maintaining
and protecting all of your files. 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.
16.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
17.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-INFRINGEMENT.
Livedrive will have no responsibility for any harm to your
computer system, loss or corruption of data, or other harm
that results from your access to or use of the Services
or Software. Some jurisdictions in the United States do
not allow the types of disclaimers in this paragraph, so
they may not apply to you.
18.TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL
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 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 FOR AN AMOUNT GREATER
THAN £20 OR THE AMOUNTS PAID BY YOU TO 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.
Termination
19.You can stop using our Services any time by contacting
us in writing at least 1 week prior to the end of the Fixed
Contract Period. Fees paid by you to us prior to your decision
to stop using our Services will not be refunded to you.
20.We reserve the right to suspend or terminate the Services
at any time, without cause, with or without notice to you.
At our sole discretion, we may refund the unused portion
of fees for each Fixed Contract Period paid for the Services
on a pro-rata basis.
21.In the event of a material breach by you of these Terms
of Use, we retain the right to suspend or terminate these
Services to you without any notice to you. If we terminate
for a material breach of these Terms of Use, no refund of
any fees paid will be offered. It shall constitute a material
breach of these Terms of Use if we have a reasonable belief
that you:
a.use the Services in any way that would cause us legal
liability or be deemed a use for an illegal purpose;
b.use the Services in such a manner that has the effect
of disrupting others use of the Services;
c.repeatedly or flagrantly violate any of these Terms of
Use;
d.act in conflict with a court order, or our providing the
Services to you is in breach of a court order;
e.represent a danger to the best interests of other customers
or third-parties;
f.exceed your Usage Limit repeatedly, or exceed your Usage
Limit on one occasion when that Usage Limit represents the
highest available limit;
g.fail to disclose the number of devices on which you are
running Livedrive Backup, be they multidrive devices, network-attached
(NAS) hard drives, or external drives (collectively External
Storage Devices) or otherwise.
h.use the Services in a manner that results in excessive
bandwidth usage, as determined by us;
i.directly or indirectly reverse engineer, decompile, disassemble,
modify, reproduce or create derivative works of the Services
or manipulate Services in any manner not specified by us;
j.use the Services to store, backup or distribute material
protected by intellectual property rights of a third-party
unless you own or have appropriate rights to such material;
k.engage in activity that damages or is likely to damage
our tangible or intangible assets; or
l.otherwise act in breach of the terms of our Acceptable
Use Policy
22.If we suspend or terminate your use, we will use commercially
reasonable efforts to work with you to resolve such issues
and re-instate the Services, and failing such resolution,
we may be able to help you retrieve your files, however
there may be an additional cost to these additional efforts
and we will notify you of this fee before commencing same.
Jurisdiction
23.THESE TERMS OF USE 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 OF USE 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 of Use constitute the entire and exclusive agreement
between you and Livedrive with respect to the Services,
and supersede and replace any other agreements, terms and
conditions applicable to the Services. These Terms of Use
create no third party beneficiary rights. Livedrives
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 these Terms of Use 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 of Use, and any
such attempt is void, but 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.
Livedrive and you are not legal partners or agents; instead,
our relationship is that of independent contractors.
Free Trial Period
24.Where Services are offered on a free trial basis, payment
will be taken for the first Fixed Contract Period when the
free trial period ends, and not when you enter your billing
details (which will be required prior to the commencement
of the free trial period).
25.The first renewal date for the contract shall be deemed
to be the Fixed Contract Period plus the free trial period,
thereafter the renewal dates shall occur on the expiry of
the applicable Fixed Contract Period.
26.If you wish to cancel your contract during the free trial,
known as your cooling off right, you may do
so by informing us in writing before the end of the free
trial period.
27.If you do not cancel your contract prior to the end of
the free trial period the fees for the first Fixed Contract
Period will become due.
Money Back Guarantee
28.Some Services are advertised as including a money
back guarantee. To receive a refund of the payment
made under the money back guarantee you must
inform us in writing before the end of the advertised money
back guarantee period. This period is the period in
which you may exercise your right to cooling-off. Failure
to inform us of your wish to terminate the agreement for
the provision of the Services during this money back
guarantee period will be regarded as your informed
decision not to exercise your cooling-off right. If you
do not claim a refund of fees during this period then no
refund will be due.
29.The money back guarantee is not available
in combination with a free trial. If you not invoke your
right to cool off during or at the end of the free trial
period, then you will be charged for the Services and no
money back guarantee will be available.
Fees
30.All fees payable by you for the Services shall be in
accordance with the scale of fees and rates published from
time to time by us on our web site (the Pricing Structure),
errors and omissions excepted, and shall be due and payable
for provision of the Services in advance of each Fixed Contract
Period.
31.The Pricing Structure is determined by pre-agreed usage
limits with you (Usage Limit). We reserve the
right to alter the Pricing Structure, including ceasing
to offer elements of the Services. The current Pricing Structure
will always be posted on our website. By continuing to access
or use the Services after alterations to the Pricing Structure
become effective by being posted on our website, you agree
to be bound by the revised Pricing Structure. If you do
not agree to the new Pricing Structure, you can then notify
us that you want to discontinue use of the Services. You
are strongly advised to monitor our website for any alterations
of the Pricing Structure.
32.In the event that your actual usage increases so that
you exceed your Usage Limit, then we reserve the right charge
you for the additional disc space required or to migrate
you to a higher Usage Limit (collectively a Migration)
prior to the end of the Fixed Contract Period, consistent
with your increased actual usage. We are not obliged to
contact you prior to a Migration, however such Migration
is likely to incur additional fees for you under the Pricing
Structure. If you do not agree to the Migration decision,
you must then notify us that you want to revert to the previous
Usage Limit and take the required steps to effect this change.
Please note that if your actual usage is such that you exceed
the highest available Usage Limit available at that time,
then it is possible that no such Migration is possible,
and we reserve the right to terminate the Services without
notice to you in accordance with condition 20(f) of these
Terms of Use.
33.All fees for our Services are due in advance and your
contract will automatically renew on the expiry of the Fixed
Contract Period, at which point fees for the following Fixed
Contract Period become payable. If you choose to pay by
credit or debit card then you authorise Livedrive to debit
your card with the fees due, and to avoid interruptions
in the Services caused by rejected credit or debit card
charges, Livedrive reserves the right to update your credit
or debit card details (such as expiration dates) where this
is not prohibited by law. YOU UNDERSTAND AND AGREE THAT
LIVEDRIVE IS ENTITLED TO OBTAIN SUCH UPDATED CARD DETAILS,
STORE THEM AND USE THEM TO BILL CHARGES. If you wish to
cancel your contract with Livedrive, you must do so in writing
at least one week before the expiry of the Fixed Contract
Period.
34.All fees paid to us are non-refundable except in circumstances
set out in these Terms of Use.
35.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 of Use.
Intellectual Property
36.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.
37.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 of Use do not grant you any rights to use the Livedrive
trademarks, logos, domain names, or other brand features.
Additional Terms applicable to use of Livedrive Backup
38.Some Services, including Livedrive Backup and Livedrive
Pro Suite (the Backup Packages) are sold on
condition that the data being backed up is stored on the
internal hard drives of devices that are not classified
as External Storage Devices (as defined above), and that
the number of such devices does not exceed the limits stipulated
in the Pricing Structure. In the event that you wish to
backup data stored on External Devices, you are required
to disclose this to us and pay such additional storage related
charges as set out in the Pricing Structure for that Backup
Packages.
39.An upper limit on the number of devices from which backup
can be run will be included on each Backup Package. The
applicable upper limit will be notified to you at time of
Backup Package sale. The upper limit for any single internal
or external drive will exclude External Backup Devices,
for which the Pricing Structure includes a separate charging
methodology. In the event that the number of devices exceeds
the applicable limit on the Backup Package sold, Livedrive
reserves the right, but is not under an obligation, to increase
the upper limit of your Backup Package without prior notification
to you, and increase the charges accordingly.
40.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 and ensure that any External Storage Devices are always
connected whilst the Software is running. If you delete
files from your computer that have been backed up or disconnect
External Storage Devices that have been backed up we will
remove the corresponding backup from our servers.
41.You must at all times run the 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.
42.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.
Acceptable Use
You agree not to misuse the Services. For example, you
must not, and must not attempt to, use the Services to do
the following things.
1.Probe, scan, or test the vulnerability of any system or
network;
2.Breach or otherwise circumvent any security or authentication
measures;
3.Access, tamper with, or use non-public areas of the Services,
shared areas of the Services which you have not been invited
to, Livedrive (or our service providers) computer
systems;
4.Interfere with or disrupt any user, host, or network,
for example by sending a virus, overloading, flooding, spamming,
or mail-bombing any part of the Services;
5.Plant malware or otherwise use the Services to distribute
malware;
6.Access or search the Services by any means other than
our publicly supported interfaces (for example, "scraping");
7.Send unsolicited communications, promotions or advertisements,
or spam; send altered, deceptive or false source-identifying
information, including "spoofing" or "phishing";
8.Publish anything that is fraudulent, misleading, or infringes
another's rights; promote or advertise products or Services
other than your own without appropriate authorisation;
9.Impersonate or misrepresent your affiliation with any
person or entity;
10.Publish or share materials that are unlawfully pornographic
or indecent, or that advocate bigotry, religious, racial
or ethnic hatred;
11.Violate the law in any way, or violate the privacy of
others, or defame others.
Reseller Declaration
Livedrive, the software, backup service, branding and all
affiliated references are provided on a reseller basis to
Backup So Simple (a trading name of Home Counties IT Ltd).
All customers who register accounts through Backup So Simple,
and the Livedrive reseller programme, should contact Baclup
So Simple in the event of a technical query. Backup So Simple
is NOT part of the Livedrive Organisation.