End User License Agreement
clickonIT.com.au Web Backup License and Service Agreement
This agreement (the “Agreement”) is a legal agreement between you, either an individual or a single legal entity (“You” or “you”), and clickonIT.com.au (“clickonIT”). This Agreement governs your use of the clickonIT.com.au Web Backup Service distributed with this Agreement, including any updates that may be provided to you.
Privacy and Communications
You acknowledge and agree that clickonIT may occasionally send you administrative communications regarding your account or the Service via email.
Please see the clickonIT.com.au Privacy Policy, which is incorporated into this Agreement by reference.
Accounts, Passwords, and Security
You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name. If you lose your password you may not be able to access your data.
Acceptable Use and Conduct
You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless clickonIT and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms.
The Software and Service are made available to you, your company, and/or your customers only for personal or commercial use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights.
Any unauthorized use of any clickonIT computer system is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
Consent to Collect Non-Personal Information; Use of Data
The Service may collect certain non-personally identifiable information that resides on your computer/server, including, without limitation, statistics relating to how often backups are started and completed, performance metrics relating to the Service, and configuration settings. This information collected will be sent to clickonIT and may be used by clickonIT without restriction.
When you back up data via the Service, you agree that we and our service providers may copy and store such data as part of the Service.
Changes to The Service and Terms and Conditions
clickonIT reserves the right at any time to modify, suspend, or discontinue providing the Service or any part thereof in its sole discretion with or without notice.
clickonIT will use commercially reasonable efforts to notify you of modification, suspension, or discontinuance of the Service either by sending an email to the email address you provide with your registration or by a posting on clickonIT.com.au website. However, in no event will clickonIT be liable to you or to any third party for any modification, suspension or discontinuance of the Service with or without notice.
clickonIT reserves the right at any time to modify this Agreement in its sole discretion, without liability to you. This Agreement, as amended, will be effective upon acceptance of registration for new users and effective for all existing users 15 days after the posting of any amended terms on the clickonIT.com.au website. You agree to be bound by this Agreement, as modified. If you do not agree to any changes to this Agreement, you must terminate your account immediately.
Intellectual Property
You acknowledge that clickonIT or third parties own all right, title and interest in and to the Service, portions thereof, or software or content provided through or in conjunction with the Service, including without limitation all intellectual property rights. Except for the license granted in this Section, all rights in and to the Service are reserved, and no implied licenses are granted by clickonIT.
If you have comments on the Service or ideas on how to improve them, your feedback is welcome through our support ticket system. Please note that by doing so, you also grant clickonIT and its third party suppliers a perpetual, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into the Service (or third party software, content, or services), and to otherwise exploit your ideas and comments, in each case without further compensation.
Term and Termination
This Agreement is effective upon signing up for the clickonIT services and remains in effect until the users’ account is terminated.
You may terminate this Agreement at any time by closing your account by following the instructions on the clickonIT.com.au website.
This Agreement automatically terminates if you fail to comply with its terms and conditions. clickonIT reserves the right to refuse or discontinue participation to any user at any time at its sole discretion.
You agree that, upon such termination that your access rights to the Service will immediately terminate.
The terms of the Sections entitled Consent to Collect Non-Personal Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Miscellaneous will survive expiration or termination.
If this Agreement terminates, other than for your failure to comply, clickonIT will use commercially reasonable efforts to make your Data available for you to download for a period of three (3) days. clickonIT has no obligation to provide you with a copy of your Data and may remove and discard any Data.
Disclaimer of Warranties
THE SERVICE AND ANY THIRD PARTY SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. clickonIT AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND ALL THIRD PARTY SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE AND SUCH THIRD PARTY SERVICES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL clickonIT, OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE OR SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF clickonIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF SITEAUTOBACKUP, AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO clickonIT FOR THE SERVICES. IF THE SERVICES ARE PROVIDED WITHOUT CHARGE, THEN clickonIT AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
THE SERVICE ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, AVIATION, MASS TRANSIT, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR MASS DESTRUCTION, AND LICENSEE AGREES THAT LICENSOR WILL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE SERVICE.
Miscellaneous Provisions
You acknowledge and agree that the Service which is the subject of this Agreement, may be controlled for export purposes. You agree to comply with all Australian and United States export laws and regulations. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any Australian and United States export law or regulation. If you are located in a country subject to embargo by the Australian or United States government, you are not entitled to use the Software or Service.
This agreement will be governed by and construed in accordance with the laws of the State of Victoria, Australia and the State of Delaware, United States of America without giving effect to any conflict of laws and provisions that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
The failure of clickonIT to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
This Agreement, which incorporates the clickonIT.com.au Privacy Policy, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by SiteAutoBackup.
All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the state and federal courts serving Wilmington, Delaware, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit clickonIT from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights.
You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of clickonIT. clickonIT may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.
