Terms of Service – Online Backup

Read our Terms of service related to Online Backup

Payments and Recurring Billings

If you purchased NewSoftware’s Secure Backup plan, you will be charged for the disk space block that you selected during the purchase process. You will be billed monthly automatically without requiring you to take any action. The recurring charges will be made on the same date you purchased the service from us every month on the Credit Card we have in records in our ecommerce service profile (Information is saved in PCI complaint servers and even we don’t have access to such information). If for any reason we are unable to charge you during the service, we will NOT stop the service immediately but will provide a grace period of 15 days. We will inform you by email during the grace period, every 5 days so that you can update your Credit Card, call your bank to resolve issues or make payments on your Credit Card so that we can charge you your recurring bill and continue your service after the grace period. If for any reason, you are unable to update your payment information or if we are unable to make charges on your Credit Card after the grace period is over, we will delete your account with us and delete all your backed up files on our servers.

Upgrading / Downgrading / Switching Contracts

When you update your diskspace / quota / backup space with us, either when you upgrade to a larger diskspace or downgrade to a smaller diskspace, we charge you your contract fee at the time of switch. Upon switch, your old contract with us is annulled and the new contract is in effect. It doesn’t mean that we cancel your previous account or delete your files or your profile information upon a switch, we simply replace your entire account to a fresh new contract with all its settings, information and data. The only changes made to your account upon switch is the monthly recurring billing charges based on the new contract and the date of the monthly recurring charge. The recurring charges would then take place monthly on the same date you apply the switch, either when upgrading or downgrading your account with us. Upon switch however, we will discontinue charging you for the old contract, though we will not refund you the amount you’ve already paid us in your old contract that you had with us before the switch.

Service Prerequisites

Notwithstanding the foregoing, NewSoftwares LLC may at any time (without prejudice to its other rights or remedies) terminate the Secure Backup plan of any user, in whole or in part upon thirty (30) days prior written notice to you. You agree that NewSoftwares LLC will automatically renew your subscription to the paid NewSoftwares LLC’ Secure Backup Service and automatically charge you the then current renewal fees for such renewed subscription using the credit card associated with your subscription. Upon any non-renewal, termination, or expiration of your subscription to the NewSoftwares LLC’ Secure Backup Service (i) the license granted herein by NewSoftwares LLC will automatically terminate at the end of the billing period and you will have no further right to possess storage through the Secure Backup Service or use the NewSoftwares LLC’ Secure Backup Service, (ii) the NewSoftwares LLC’ Secure Backup Services may be disabled by NewSoftwares LLC without notice to you, and (iii) you will no longer have the right to access or retrieve your backed-up data beyond 15 days immediately following your account subscription termination, expiration, or non-renewal. You acknowledge and agree that NewSoftwares LLC policy is to automatically delete all of your backed-up data after 15 days grace period upon non-renewal, termination, or expiration of your subscription to the NewSoftwares LLC’ Secure Backup Services and that it is solely your responsibility to seek another source for your backup needs.

You are solely responsible for maintaining the confidentiality of your NewSoftwares LLC’ Secure Backup user name and password and you are solely responsible and liable for any and all activities that occur with respect to your account. Compromise of your username and/or password may compromise the security of your backed-up data. NewSoftwares LLC’ Secure Backup security features include safeguards designed to protect your backed-up data including data encryption and secure transfers to NewSoftwares LLC data centers. Your backed-up data is accessible by supplying your valid login credentials and via an Internet-enabled computer using the application user interface. Although NewSoftwares LLC makes commercially reasonable efforts to store your personal information and backed-up data in a secure operating environment that is not accessible to unauthorized users, NewSoftwares LLC CANNOT guarantee complete security. By using such products and services, you knowingly accept this risk.

General Provisions

By using the Service, You:

• Agree that the substantive laws of the state of Oregon, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of these Terms.
• Consent to exclusive personal jurisdiction and venue in a court located in Beaverton, Oregon for any legal action connected in any way, directly or indirectly, to the subject matter of this Agreement, the Service or to this website.
• Agree that you may not assign any or all of your rights and obligations under these terms without the prior written consent of NewSoftwares LLC, which may be withheld in our sole discretion.
• Agree that all provisions of these terms relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the website, for whatever reason.
• Agree that nothing in these terms shall be deemed to convey any third party rights or benefits;
• Agree that except as otherwise required by law, any cause of action or claim you may have with respect to the Service, these terms or this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
• Agree that if any portion of these terms is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted and that the other provisions of these terms remain in full force and effect.
• Agree that no waiver of any breach of any agreement or provision of these terms, nor any failure to assert any right or privilege contained in these terms, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision.
• Agree that the section titles in these terms are for convenience only and have no legal or contractual effect.
• Agree that these terms (including all policies, notices and other terms incorporated into this TOU/EULA by reference) constitutes the entire agreement between you and NewSoftwares LLC with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral.

Disclaimer

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. We reserve the right to modify, refuse, suspend or discontinue the Service with or without notice at any time, for any reason, and without any liability. Terms related to payment of fees (if any) are specified in the Terms of Offer and may be updated by us from time to time. PLEASE SEE OTHER DISCLAIMERS BELOW.

When you complete the registration process, you create an account. Your account allows you to participate in certain activities on the website. To create an account, you must select a login name and password. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the TOU/EULA. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your account. You are solely responsible for all activity on your account and for the security of your login name, password, computer system and/or related system. You may not reveal your password to other users. You agree to indemnify and hold us harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately and your account in any of our Services is subject to termination if you or anyone using your account violates the TOU/EULA.

NewSoftwares LLC disclaims any responsibility related to files uploaded by you or other users. By uploading files, you are assuming full responsibility for the consequences of doing so.

You are solely responsible for any and all conduct in entering, altering, modifying, sending or retrieving data, text information, screen names, graphics, photos, profiles, audiovisual clips, links or other content submitted, posted, displayed, transmitted or shared using your User Identification.

NewSoftwares LLC does not claim ownership of any content that you submit, post, transmit, or share using NewSoftwares LLC Services.

Fees paid for monthly subscriptions of NewSoftwares LLC’ Secure Backup service are non-refundable. In case of lost files that are still stored on your computer and they are selected for backup, they will be uploaded to the server again during the next backup operation. NewSoftwares LLC’ Secure Backup saves a copy of each file that is automatically selected for backup and other files you designate for backup to a server operated by NewSoftwares LLC or a NewSoftwares LLC agent.

NewSoftwares LLC’ Secure Backup automatically scans for changes or additions to the backed-up data and then periodically re-saves a copy of a modified file or creates a copy of a newly designated file. NewSoftwares LLC’ Secure Backup does not maintain multiple copies of your backed-up data. Your backed-up data may not be available or restorable if: (i) NewSoftwares LLC’ Secure Backup has not completed copying your selected files or changed files; (ii) for files, folders, or disk drives that are not automatically backed-up, you do not manually select them for backup, or you unselect a file for backup; (iii) you delete a file using the application user interface which offers various distinctive delete and purge options that deletes the file from the server and your computers, or you delete a computer from your NewSoftwares LLC’ Secure Backup account; (iv) you move a file to a location on your computer and you do not select that file for backup, or you upgrade your operating system resulting in changes to your file mapping; (v) your computer is unable to access the Internet or NewSoftwares LLC’ Secure Backup servers; (vi) you fail to follow NewSoftwares LLC’ Secure Backup’s technical requirements, including upgrading the version of your NewSoftwares LLC’ Secure Backup product as required; or (vii) you terminate your license or fail to renew your subscription to the NewSoftwares LLC’ Secure Backup Services.

You consent that we may provide you with required notices, benefits, and account information through electronic disclosure via email and postings on our website, or at the email address provided at the time of sign up (or as amended at our website by you from time to time). NewSoftwares LLC’ Secure Backup allows users to sign up for an online account to backup their data. The backup storage subscription charges varies per specified plans mentioned on the website and as communicated to users from time to time. However, payments accepted by NewSoftwares LLC against providing users with the online backup account service may not reflect third-party service provider charges. These third-party charges are not included in any subscription or other fees that you may pay to us. Some of these third-party service providers may restrict or prohibit usage of certain services as well as place a cap on how much charges could or could not be paid out for a given service. The NewSoftwares LLC’ Secure Backup service is intended to work with third party payment gateways, storage and payment processing companies, and webmail services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

You understand and agree that the cancellation of your account or a particular subscription is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this TOU/EULA or our enforcement or application of this TOU/EULA; (2) the content available through this site or any change in such content; (3) your ability to access and/or use this site; or (4) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

Software Uninstallation and Service Cancellations

If you decide that you no longer wish to use NewSoftware’s downloads from us, you can uninstall the software by using the uninstall methods explained in each product document/user guide. If you uninstall Folder Lock after you converted a temporary account to a full account, you can choose to either cancel or keep your full account. Paid user accounts on NewSoftwares LLC’ Secure Backup service will automatically cancel 15 days after the paid service expires. If you choose to cancel your NewSoftwares LLC’ Secure Backup account, you will continue to have access to the service through the end of the paid billing period. After cancellation of your NewSoftwares LLC’ Secure Backup account, NewSoftwares LLC has no obligation to provide you with a copy of your data and may remove and discard any data. This TOU/EULA will automatically terminate when you cancel your account or when we no longer provide the Services.

NewSoftwares LLC does not accept returns of any product which is not purchased directly from New NewSoftwares LLC. Such products must be returned to the place of purchase (web store, etc.) and are subject to the return/refund policies of the place of purchase.

Refunds made by NewSoftwares LLC will be made using the same method you used when you purchased the software license. To learn more about refunds, please checkout our refund policy.