DataStandBy is Secure
Protect your information assets with DataStandBy. DataStandBy is the most recommended and used online backup and remote backup provider. Global corporations, Business houses and people trust DataStandBy for their storage and backup needs.
2801 Richmond Rd Suite 171
Business Hours 9AM - 5PM Monday thru Friday
E-mail us for any tech support issues.
DataStandBy.com is a Remote Backup Service that specializes in offsite backups covering a 75-mile radius of Texarkana including Shreveport / Bossier City, Longview, Minden, Springhill, New Boston, Atlanta, Queen City, Dangerfield, Marshall, Jefferson, Hope, Arkadelphia, DeQueen, Ashdown, Nashville, Lewisville, Stamps, Magnolia, Prescott, Broken Bow, Idabel, Mt. Vernon, Mt. Pleasant and the surrounding cities and communities.
DataStandBy.com, L.L.C. Customer Agreement
ACCEPTANCE OF AGREEMENT
To transfer the Client Software to another party, you must (i) ensure that the other party agrees in writing to comply with the terms and conditions of this Agreement and send evidence of such agreement to, (ii) transfer the Client Software and your account for the Services associated to such other party and (iii) delete permanently the Client Software from all of your computers.
DISCLAIMER; LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES WILL DataStandBy.com, L.L.C. BE LIABLE FOR DATA, WHICH WAS NEVER SENT TO THE OPERATIONS CENTER BY THE SOFTWARE. YOU ARE ADVISED TO CHECK THE LOG FILE TO ENSURE THE DESIRED FILES HAVE BEEN TRANSMITTED.
DataStandBy.com, L.L.C. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE AND/OR THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE AND SERVICES TO ACHIEVE YOUR INTENDED RESULTS; AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.
IN NO EVENT WILL DataStandBy.com, L.L.C. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, LOST REVENUES OR OTHER DAMAGES ARISING OUT OF USE OF OR INABILITY TO USE SUCH SOFTWARE AND SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW.
OUR TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU AND RECEIVED BY US FOR THE MONTH IN WHICH YOUR DAMAGES FIRST ACCRUED. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THIS AGREEMENT.
THE FOREGOING LIMITATIONS OF LIABILITY ARE REFLECTED IN THE PRICING OF THE SOFTWARE AND THE SERVICES.
YOUR REPRESENTATIONS, WARRANTIES AND COVENANTS
You represent you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
You agree to be responsible solely for the use of your account and your user id and password.
During the term of this Agreement you will not use the Software and/or Services for information, data or material that (a) infringes on the intellectual property rights of any third party or any rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation (including but not limited to the laws and regulations governing export control, unfair competition, anti-discrimination or false advertising); (c) is defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (d) is obscene, pornographic or indecent in violation of applicable law; (e) contains any virus or other programming routine intended to damage any system or data; or (f) is provided in breach of any prior contractual commitment to any third party.
We accept Visa, MasterCard, American Express and Discover credit cards for payment. You must provide all relevant information as requested in the account registration process in order for us to process payment for your chosen subscription. By submitting a credit card number as the form of payment, you represent and warrant that your use of the particular card is authorized and that all information that you submit is true and accurate (including, without limitation, credit card number and expiration date). In doing so, you also authorize us to charge to the payment card you tendered ("Your Card") all amounts payable by you to us based on the subscription plan you selected (including all renewals thereof), including, but not limited to, all fees and any applicable taxes we are required to collect. Remember that all subscriptions paid by Your Card are automatically renewed unless cancelled by you prior to the end of your subscription period. All fees are pre-paid and non-refundable and may be charged up to five (5) days in advance of the first day of the subscription period for which the fees relate.
If you pay by credit card, you have authorized us to automatically renew your subscription and charge Your Card for the same subscription period last purchased by you each time your subscription is due to expire unless you instruct us otherwise in accordance with these terms. We will continue to renew your subscription plan unless you contact us through firstname.lastname@example.org that you wish to terminate or cancel your subscription or change your subscription period prior to expiration of your then-current subscription period. You agree to update your account registration and Your Card information immediately with any change in Your Card information including, but not limited to, any change in expiration date. If we are unable to process Your Card at any time, your account may be immediately suspended or terminated and you will remain responsible for all amounts payable by you to us. Your Card issuer agreement governs use of Your Card in connection with the Software and Services and you must refer to that agreement with respect to your rights and liabilities as a cardholder. If we do not receive payment from Your Card issuer or its agent, you agree to pay us all amounts due upon demand by us. We will send all your notices to the e-mail address you give us when you register or update your registration information. We reserve the right to not renew your account at any time for any reason.
Our acceptance of any partial payment by you does not mean that we waive our rights to collect the full balance owed to us. If we are required to use a collection agency or attorney to collect money owed by you or to assert any right that we may have against you, you agree to pay the reasonable costs of collection or other action. These costs might include, but are not limited to, the costs of a collection agency, reasonable attorneys' fees and arbitration and court costs.
LOSS OF ENCYRPTION KEY
GOVERNMENT END-USER NOTICE
Time Limitation for Bringing Claims. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE AND/OR THE SERVICES, OR ANY PART THEREOF, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Severability. If any term, condition or provision in this Agreement is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, then it is the intent of the parties that such court apply a rule of reasonableness and modify the term, condition or provision in question so it will remain in effect to the greatest extent permitted by law. In the event a court finds such procedure to be inappropriate, then such invalid term, condition or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law.
Waiver. The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Assignment. We may assign our rights and obligations under this Agreement, without notice, to any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of us. This Agreement may not be assigned by you without our prior written consent except as expressly permitted in this Agreement.
Amendments; Entire Agreement. Except as modified by a written agreement signed by DataStandBy.com, L.L.C. and you, this Agreement is the complete and exclusive statement of the Agreement between us and supersedes any prior agreements (including your purchase order) between us relating to the subject matter hereof. No oral statements, promises or agreements will alter the terms of this Agreement.
BY DOWNLOADING THE SOFTWARE, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
DATASTANDBY.COM, L.L.C. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE AND/OR THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE AND SERVICES TO ACHIEVE YOUR INTENDED RESULTS; AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.