Terms of Service

General

BackConnect, Inc, a Delaware corporation ("BackConnect") provides this website located at www.backconnect.com ("Backconnect.com"), all the content under this domain, certain related software, and its services are subject to the following terms and conditions. By using BackConnect.com you agree to be bound by the latest amended versions of this Agreement and BackConnect's Privacy and Security Policy (see "modifications" below).

Section 1: Accepting the Terms

By using the information, tools, features and functionality located on Backconnect.com, through any BackConnect APIs, or through any software or other websites that interface with BackConnect.com or its APIs (collectively the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (meaning you merely browse the BackConnect.com website) or you are a “Member” (meaning you have registered with BackConnect). IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT SURE THE WEBSITE. These Terms constitute a legal agreement between you and BackConnect, and shall apply to your use of BackConnect.com and the Services even after termination. The term “you” or “User” refers to a Visitor or a Member. If you wish to become a Member and make use of the Service you must read this Agreement and indicate your acceptance during the Registration process. If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you are acting on behalf of a company or entity, that you have the authority to bind such entity. YOU MAY NOT SURE THE WEBSITE AND SERVICES AT ANY TIME FOR ANY REASON FOR ILLEGAL PURPOSES. IF YOU DISCOVER ANY PARTY TO BE USING THE WEBSITE AND SERVICES IN AN ILLEGAL MANNER, PLEASE NOTIFY BACKCONNECT IMMEDIATELY AT support@backconnect.com

SECTION 2: Intellectual Property Rights

All Content on the Websites, including without limitation, the text, software, scripts, graphics, photos, digital downloads, data compilations, button icons, sounds, music, videos, interactive features, and the like and the trademarks, service marks, and logos contained therein (the “Intellectual Property”) are and will remain owned by or licensed to BackConnect. The Intellectual Property is protected by and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except without written permission from BackConnect, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Website, Service, and Content.

BackConnect trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not BackConnect, in any manner without BackConnect permission. All other trademarks not owned by BackConnect or its subsidiaries that appear on BackConnect.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BackConnect or its subsidiaries.

SECTION 3: LICENSE TO ACCESS BACKCONNECT.COM AND SERVICES

In consideration for accessing BackConnect.com and the Service, BackConnect grants you a limited license to access and make personal use of the website. Unless stated otherwise, BackConnect and its owners own the intellectual property rights published and used on BackConnect. You are allowed to view web pages, download web pages for caching purposes only and print pages only for personal usage. You are not allowed to: Republish any material from this website, unless stated otherwise; Edit or change any material on the website; Redistribute any material from this website, unless stated otherwise; Sell or rent any material from this website; Republish any screenshots or frames taken from this website. Any unauthorized use automatically terminates the permission or license granted by BackConnect and may incur legal liabilities for any damages.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any non-password protected directories. You may not use any of BackConnect’s proprietary graphics or trademarks as part of the link without express written permission.

SECTION 4: ACCOUNTS AND PASSWORDS

You are solely responsible for managing your account and password and for keeping your password confidential. BackConnect is not responsible for any consequences resulting from misinformation provided by the user, and disclaims any liability related thereto. User must not falsify information. When you select an and/or account name, BackConnect reserves the right to remove, change, or reclaim the nickname or account name for any or no reason, including but not limited to violation of any of these Terms of Use, violation of BackConnects or third party trademarks, trade names, or other identifying information, and any otherwise prohibited use.

You agree that you are responsible for all activities that occur on your account or through the use of your password by yourself or by other persons. If you believe that a third party has access your password, please reset your password immediately and contact support@backconnect.com

SECTION 5: THIRD PARTY APPS

BackConnect’s Service allows you to install or utilize certain third party apps (“Apps”). These Apps are provided “AS IS” and governed by their own terms of service and privacy policies as set forth by the third parties that provide them. BackConnect does not endorse and is not responsible or liable for the services or features provided by these Apps you choose to install. You acknowledge and agree that BackConnect shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Apps.

SECTION 6: YOUR CONTENT

You retain full copyrights in any materials served through BackConnect. Depending on the features you select or Apps you enable, BackConnect may modify the content of your site.

BackConnect will make it clear whenever a feature will modify your content and, whenever possible, provide you a mechanism to allow you to disable the feature.

SECTION 7: RECORDS OF BACKCONNECT.COM VISITOR USE AND ABUSE

As a visitor to BackConnect.com and a user of the BackConnect Service, you consent to having your Internet Protocol address recorded and your activities monitored to prevent abuse.

SECTION 8: RECORDS OF YOUR VISITORS

As part of the BackConnect Service, you may choose to monitor the traffic to certain websites. In doing so, you acknowledge that BackConnect acts as your limited agent (and data processor in the EU context) to you for the purpose of providing Internet data and optimization services. You acknowledge that it is your responsibility to ensure that the use of BackConnect’s Service is permitted under the laws of your jurisdiction and you agree to indemnify and hold BackConnect harmless if your use of the Service is in violation of local law. Where required by law, you agree to post a privacy policy on any that, at a minimum, discloses any and all uses of personal information that you collect from users including any information collected via the Service. You agree to indemnify and defend BackConnect from and against any and all claims stemming from your failure to comply with this provision and/or your failure or refusal to abide by the terms and provisions of any applicable privacy policies. You acknowledge that BackConnect may use this data to improve its service or enable other services (e.g., using visitor traffic logs or data posted through the service to detect threats so as to stop future attacks).

SECTION 9: LIMITATION ON NON-HTML CACHING

The Service is offered as a platform to cache and serve web pages and websites, mitigate DDoS attacks, and provide network security services, and is not offered for other purposes, such as remote storage. To ensure that the Services are reliable and available for the greatest number of users, Client’s usage cannot adversely affect the performance of other customer’s sites. The client agrees that it will not: (a) transmit data unless it has obtained all authorizations required by law or by the owners of the data, including any consent required from data subjects for collection, use and transmission to other countries; (b) transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (c) transmit, or otherwise make available any material that contains software viruses or hardware or telecommunications equipment; (d) Interfere with or disrupt the Service or servers or networks connected to the Service; (e) Using an account primarily as an online storage space, including the storage or caching of a disproportionate percentage of pictures, movies, audio files, or other non-HTML content; (f) Transmit, or otherwise make available any content that violates any applicable laws or regulations, including export laws and regulations, transmit any spam or otherwise duplicative or unsolicited messages in violation of any applicable laws, transmit or post content that is harmful, threatening, abusive, defamatory, or libelous or transmit or post any material that encourages conduct that could constitute a criminal offense or promotes harm or injury against any group or individual. Client agrees to be solely responsible for compliance with these terms by the users of Client’s sites.

Client agrees that if, at BackConnect’s sole discretion, Client is deemed to have violated this section, or if BackConnect, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on BackConnect’s systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, BackConnect may suspend or terminate your account without notice to or liability to you.

SECTION 10: INVESTIGATION

BackConnect reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for BackConnect’s benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in BackConnect’s sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, this Agreement, or is otherwise deemed harm the Service, BackConnect may immediately shut down your access to the Service. You agree to waive any cause of action or claim you may have against BackConnect for such action, including but not limited to any disruption to your website. You acknowledge that BackConnect may, at its own discretion, reveal the information about your web server to alleged copyright holders or other complainants who have filed complaints with us.

SECTION 11: Indemnification

You agree to defend, indemnify, and hold harmless BackConnect, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website, Services, Downloadable Software and Content.

SECTION 12: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, BACKCONNECT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON BACKCONNECT.COM, INCLUDING THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SERVICE WILL BE CORRECTED. BACKCONNECT PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.’ YOU USE THE SERVICE AT YOUR OWN RISK, AND THE SERVICE MAY BE TERMINATED AT ANY TIME BY BACKCONNECT OR THIRD PARTIES PROVIDING FACILITIES AND TECHNOLOGY FOR ITS OPERATION.

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL BACKCONNECT AND ITS SUPPLIERS, LICENSORS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM, HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS THAT ARE DIRECTLY OR INDIRECLTY REALTED TO (1) ARISING OUT OF OR IN CONNECTION WITH THE USE, THE CONENT, PERFORMANCE, FAILURE, INTERRUPTION, AND/OR YOUR UPLOADED INFORMATION OF THE WEBSITE AND SERVICE; (2) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY BACKCONNECT OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT; (3) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (4) ANY ERRORS OR OMISSIONS IN THE WEBSITES’S TECHNICAL OPERATION, WHETHER FORESEEABLE OR NOT, AND EVEN IF BACKCONNECT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,. IN THE EVENT THAT BACKCONNECT IS FOUND LIABLE TO PAY YOU ANY DAMAGES, BACKCONNECT.COM’s TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEEED $100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT AND SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITES, SERVICES, OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF BACKCONNECT’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITES OR OTHER PROPERTY OWNED OR CONTROLLED BY BACKCONNECT AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY BACKCONNECT’S WEBSITES OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

BACKCONNECT MAKES REASONABLE EFFORTS, BUT DOES NOT WARRANT THAT BACKCONNECT.COM, THE BACKCONNECT SERVICE, ANY DOWNLOADABLE SOFTWARE, THE BACKCONNECT SERVERS, OR EMAIL SENT FROM ANY OF ITS DOMAINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BACKCONNECT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE BACKCONNECT.COM, THE BACKCONNECT SERVICE, OR BACKCONNECT DOWNLOADABLE SOFTWARE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

BACKCONNECT DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE, SERVICE, AND CONTENT IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, BACKCONNECT SPECIFICALLY DISLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITES OR THE CONTENT, FURTHER, BACKCONNECT AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE

SECTION 13: Renewal and Termination

WHEN REGISTERTING FOR THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) BACKCONNECT (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR SUBSCRIPTION TO THE SERVICE (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION TO THE SERVICE CONTINUES, AND (B) YOUR SUBSCRIPITION TO THE SERVICE IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICE IN ACCORDANCE WITH THESE TERMS.

IN ORDER TO PREVENT AUTO-RENEWAL OF YOUR SUBSCRIPTION, YOU MUST CANCEL YOUR SUBSCRIPTION THROUGH YOUR ACCOUNT DASHBOARD BEFORE THE BEGINNING OF YOUR NEXT MONTHLY BILLING PERIOD. YOU WILL BE BILLED IN FULL FOR THE MONTHLY BILLING PERIOD IN WHICH YOU CANCEL.

BackConnect may suspend or terminate the Services without notice if: (i) Client fails to timely pay any undisputed amounts; or (ii) Client breaches the terms of Acceptable Use. Upon termination of the applicable Services Agreement, any provision of these Terms of Use which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to the following Sections: Indemnification, Disclaimers, Limitation of Liability, Applicable Law and General. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities; (h) having provided false information as part of your account; (i) having failed to keep your account complete, true, and accurate; (j) any use of the Service deemed at BackConnect’s sole discretion to be prohibited; (k) use of fraudulent payment methods; and/or (l) nonpayment of any fees owed by you in connection with BackConnect.com and associated Services. Further, you agree that all terminations for cause shall be made in BackConnect’s sole discretion and that BackConnect shall not be liable to you or any third-party for any termination of your account, access to the Service, or any disruption to your services such a termination may cause. You expressly agree that in the case of a termination for cause you will not have any opportunity to cure.

SECTION 14: DMCA & ABUSE REPORTS

BackConnect is a pass-through network and, at most, caches content for a limited period in order to improve network performance and mitigate threats. BackConnect automatically removes content from our caches when it has been removed from our customer’s origin web server. BackConnect is not a hosting provider and has no way of removing abusive content on third party hosting services. Individuals or copyright holders concerned with content served through BackConnect’s network may submit a complaint for investigation to: https://www.BackConnect.com/abuse.

BackConnect does not accept abuse complaints submitted over the telephone. If you would prefer not to use our complaint submission form, you may mail your complaint to:

BackConnect, Inc.

Attn: Legal Department

5000 Birch Street, West Tower, Suite 3000

Newport Beach, CA 92660

Please provide detailed information supporting your complaint as well as an affidavit attesting to its validity.

SECTION 15: AMENDMENTS

BackConnect reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time and without notice. The most current version of these Terms will be posted on our Website backconnect.com/terms]. You are responsible for reviewing and becoming familiar with the terms and any modifications, and reviewing these Terms of Use for any changes. If the Terms of Use are revised in a way we believe materially affects your account, your user experience, or you, we will notify you by contacting you through the contact information associated with your account, or otherwise through the Websites or Services. Use of the Websites and/or Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.

SECTION 16: LINKS

The Service may provide, or third parties may provide, links to other websites or resources. Because BackConnect has no control over such sites and resources, you acknowledge and agree that BackConnect is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BackConnect shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content.

SECTION 17: PUBLICITY

You also acknowledge and agree that BackConnect may use and publish information regarding your use of BackConnect’s Website, Services, and Content. At any point, you may notify BackConnect that you no longer agree with BackConnect publishing such information, but BackConnect reserves the right to discontinue offering any and all Website, Services, and Content to you as necessary.

SECTION 18: NO THIRD PARTY BENEFICIARIES

In all circumstances, you agree not to permit any third party to use or access the Service.

SECTION 19: WAIVER

The failure of BackConnect to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

SECTION 20: SEVERABILITY OF TERMS

If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

SECTION 21: NON-TRANSFERABILITY OF ACCOUNTS

You agree that your BackConnect account is non-transferable except with the written consent of BackConnect.

SECTION 22: TIME LIMITATIONS FOR 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 BackConnect.com must be filed within one year after such claim or cause of action arose or be forever barred.

SECTION 23: APPLICABLE LAW

The Services Agreement and any action related thereto shall be governed by the laws of the State of California, without regard to the conflicts of law provisions thereof. The parties to the Services Agreement hereby consent to the exclusive jurisdiction and venue of state and federal courts located in Orange County, California or for the purpose of any such action. The provisions of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply.

SECTION 24: ARBITRATION

In the case of any disputes under this Agreement, the parties shall first attempt in good faith to resolve their dispute informally, or by means of commercial mediation, without the necessity of a formal proceeding.

The validity, interpretation, enforceability and performance of this agreement shall be governed by and construed in accordance with the laws of the State of California, and venue in Orange County, California, without regard to conflicts or choice of law. Any dispute arising from or relating in any way to the use of BackConnect's Services shall be submitted to confidential arbitration in the State of California. You agree that any Dispute between you and BackConnect shall be resolved exclusively and finally by arbitration administered by the American Arbitration Association (“AAA”), using interpretations under California Law, in Orange County, California, and conducted under its rules, except as otherwise provided below. You and BackConnect will agree on another arbitration forum if AAA ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between you and BackConnect. The arbitrator may award reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with the CONFIDENTIAL arbitration provision. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a classwide or class action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this Section.

The arbitration proceedings contemplated by this Section shall be as confidential and private as permitted by law. To that end, the parties shall not disclose the existence, content or results of any proceedings conducted in accordance with this Section, and materials submitted in connection with such proceedings shall not be admissible in any other proceeding, provided, however, that this confidentiality provision shall not prevent a petition to vacate or enforce an arbitral award, and shall not bar disclosures required by law.

SECTION 25: VERSIONS

The authoritative version of BackConnect’s Terms of Service is available at: www.backconnect.com/terms.

SECTION 26: HEADINGS

The headings and section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

Updated: 1/25/2017