Layer Eight Technology Remote Backup Service  

Terms and conditions of service

1) General

1.1) Use of the backup service provided by Layer Eight Technology consists of the right of the subscriber to electronically transmit, store, and retrieve computer data using the Internet to one or more locations operated and/or maintained by Layer Eight Technology   and to retrieve such data if and when required.

1.2) Any use of the backup software and/or backup service supplied by Layer Eight Technology will constitute an agreement of these terms by the subscriber. The subscriber must also agree to the End User License Agreement (EULA) of the backup client upon installation of the software.

1.3) The subscriber is responsible for any and all costs incurred by the setting up, running and cancellation of any internet connection and associated equipment required by the subscriber for the provision of the backup service. Any backup service/software provided by Layer Eight Technology will require a valid, current, working internet connection of ADSL equivalent or better.

1.4) The subscriber authorizes Layer Eight Technology to make such copies of their data as is needed to maintain a current and correct backup of any and all backup servers operated and/or maintained by Layer Eight Technology. Such backups will not be made available to the subscriber and will be for the use Layer Eight Technology only.

1.5) The subscriber is responsible for maintaining the confidentiality of any pass phrases required to access either the software or the service provided by Layer Eight Technology, including restricting the use of any pass phrases by the subscribers users. Layer Eight Technology is not responsible for providing the subscriber with copy of pass phrases in the event of a forgotten pass phrase. Without the correct pass phrase, the subscriber’s data will remain encrypted and inaccessible. The subscriber is free to change the pass phrases at any time on the understanding that backups made before this time will be unavailable to them.

2) Charges and payments

2.1) Where credit card payments have been requested by Layer Eight Technology, payment will be taken at the start of each calendar month for the forthcoming month. Layer Eight Technology may choose to move the subscriber to an invoice based payment account upon agreement of both parties.

2.2) The subscriber agrees to make prompt payment of any invoice issued by Layer Eight Technology, in accordance with the information on the invoice, either by money transfer, credit card or check payments or other methods as determined by Layer Eight Technology. Failure to make payment of an outstanding invoice may lead to suspension or termination of account at the sole discretion of Layer Eight Technology.

3) Trial Accounts

3.1) Subscribers of the trial service agree to be bound by this agreement for the duration of the trial period as determined by Layer Eight Technology.

3.2) The subscriber will be limited to one trial account per organization.

3.3) Any data stored during a trial period will cease to be available for restoration via download at the end of the trial period. The data will be permanently deleted 30 days after the end of trial period, during which time hard copies only of the data are available to the subscriber upon payment of the advertised hard copy rates.

4) Cancellation

4.1) Either party may cancel the agreement at any time. Such cancellation will take effect from the end of the current billing period. No refunds will be made if the client chooses to stop using the service before the remainder of the current billing period.

4.2) Layer Eight Technology may cancel, without notice or appeal, the account of any subscriber deemed to be using the service for storage, possession, or transmission of any information which violates any US or International Law, including (though not limited to) child pornography, at which point any such data may be passed on to the appropriate authorities.

4.3) Any data stored during the subscription period by the subscriber will cease to be available for download upon cancellation/termination of the service by either party. The data will be deleted 90 days after the cancellation/termination of the service, during which time hard copies of the data are available to the subscriber upon payment of the advertised hard copy rates.

4.4) Any and all software, hardware, or other items supplied by Layer Eight Technology will remain the property of Layer Eight Technology unless paid for at the invoiced amount. The subscriber will be asked to return the property upon cancellation/termination of the service.

4.5) The subscriber authorizes Layer Eight Technology to make subject to examination, by any government or judicial authority, any data stored by the subscriber. Such examination will only be allowed upon presentation of a valid warrant or subpoena to Layer Eight Technology.

5) Liability

5.1) The use of the backup service by the subscriber is at the sole risk of the subscriber. Neither Layer Eight Technology nor any of its licensees, employees or agents, warrant that the service will be uninterrupted or error free. The service is made available on an "as-is" basis without warranties of any kind, either expressed or implied. Neither Layer Eight Technology, nor anyone else involved in creating, delivering or maintaining the service shall be liable for any direct, indirect, incidental, exemplary or consequential damages arising out of the use of, or inability to use, the service.  Layer Eight Technology’s liability, for any claim, whether in contract, tort or any other liability, shall not exceed the amounts paid by the subscriber, if any, for the use of the backup service for the twelve month period forming the basis of the claim.

5.2) Layer Eight Technology may update these terms and conditions as needed and at the sole discretion of Layer Eight Technology. Such new terms will be made available at www.layereight.com/remotebackup/terms-conditions.asp. Agreement of any modified terms and conditions is implied by the use of the backup service provided by Layer Eight Technology.