Terms and Conditions for Student Backup

Student Backup has been designed to provide college students and graduate students with an online, automated, unattended backup service for the protection of their files. Through this Website we provide information regarding our service offerings, access to our service and contact information.

Individuals who use our Website are regarded as having accepted the following Terms and Conditions for use. Agreeing to use our service includes accepting Student Backup’s Privacy Policy. It is important for users to completely understand our Terms and Conditions and Privacy Policy. We encourage all users and visitors to carefully read and review this information and to do so regularly.

Website and Service Ownership
Student Backup is owned and operated by KintolOnline, LLC. All information contained on this site is intellectual property owned and protected by Student Backup. All information and content including, graphics, audio, video, text content and unique services offered or appearing on the Website, and all software developed and utilized for the Website, are the property of Student Backup. All software, html code and site design, and software designed and utilized to operate our service are also the sole property of Student Backup and its partners. This Website is protected by all international copyright laws.

Content Protection
Student Backup owns all content present on this Website. No materials may be copied, duplicated, stored, sold, downloaded, or utilized in anyway with out the prior written permission of the owners of Student Backup.

None of the content of this Website may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder or Student Backup.

Individuals using this Website or visiting this Website are prohibited from changing or modifying the site in anyway. Content may not be utilized on any other website or for any other purpose. Requests to utilize, publish, republish or demonstrate the Content or graphics found on this website is prohibited without prior written agreement. Requests for permission should be made to info@studentbackup.com.

Links to Other Web Sites
The Student Backup Website possesses Internet links and connections to other websites owned, operated and maintained by third parties. Linked websites may or may not be maintained by Student Backup or it’s partners, or businesses associated with the company or others. Links are provided as a resource to our users and should not be viewed as endorsements of any product or service. Student Backup has no control over the content of these websites.

Users of the Student Backup Agree

• To take complete responsibility for any and all material transmitted or sent to Student Backup or its servers.

• Users will not transmit or send to Student Backup any illegal, unlawful, defamatory, obscene, threatening, sexually explicit, morally offensive, racially offensive, harmful or otherwise objectionable material.

• Subject to Student Backup’s Privacy Policy, users agree as federal, state and local law requires, to allow the use of any information and/or materials as it deems necessary, in any media for as long a period as needed.

Disclaimer
Student Backup provides that this Website and service has been created for use in good faith. The owners do not make any representations or warranties of any kind, express or implied, in relation to any part, or all, of this Website or its content. The owners and operators do not make any representations or warranties of any kind in relation to any part or all of any website to which this Website is linked. The owners and operators of Student Backup hereby exclude all warranties and representations to the extent permitted by law.

There is no guarantee regarding the activities and/or offers made available on this Website that the service will function as intended at all times or that this Website or related software, or communications will be completely free of infection by viruses, worms or anything else that may cause harm or destruction to any software or hardware.

To the extent permitted by law, the owners of Student Backup, disclaim all liability, no matter how it may arise, in connection with any loss or damage that may occur though the use of our product or services or the inability to use such service, or action taken or not taken as a result of using all or any part of this Website, its contents, related services, or any websites that may be linked to this Website.

Your Information is Safe with Student Backup

Safe, Secure and Encrypted
Individuals using Student Backup can rest assured that the information that is being automatically backed up is safe and secure. Our proprietary software connects securely with your computer through the Internet. After the initial back up of information, regularly scheduled back ups of information are conducted. Our software will scan each user’s disk drives and backs up only new files and those files that have been changed. Computer scans will cause no damage to your computer and software downloaded and loaded onto your PC will operate without interfering with the operation of other programs running on your computer. This service is performed quickly and securely. The information that is uploaded to our servers is protected and can only be accessed by users who possess the appropriate password and encryption code. Your files are protected via Blowfish encryption, the highest level of encryption security available today. Only YOU will possess the encryption code needed to unlock your files. Even Student Backup will not have the ability to unlock or access your files. Our servers are stored at TWS Hosting in Islandia, New York, one of the most reliable data centers in the United States. The security of their systems insures that your files will always be available when you need them. Files containing personal information are safe from identity theft and illegal use. Student Backup uses powerful encryption software to protect data, making hacking into our servers extremely difficult. Restoring information to a new computer or to your computer after a catastrophic problem is easy and secure, as long as the user has his or her proper password and encryption code provided directly to them by Student Backup. Student Backup strongly urges users to keep password, account and encryption code information in a safe and secure location. See our Privacy Statement and Terms of Use for additional information.

Our Backup Schedule
Each evening at a designated time, our software scans your computer’s hard drive for new or modified files. Any files that have been created or changed since the last backup the prior evening are encrypted on your computer, compressed and delivered via a secure Internet connection to Student Backup’s server at our data center. Backing up your new and modified files each evening ensures that ALL of your files are backed up and are current and available in the event of file loss on your computer. In the event your computer is turned off or not connected to the Internet during a scheduled backup, Student Backup will run a backup of only new and modified files when you next turn on your computer and are connected to the Internet.

For new customers, old, unmodified files are not backed up from the date of your registration and first backup until the first Saturday after registration. Only new and modified files will be backed up are backup up during this interim period. Every Saturday, Student Backup performs a more extensive hard drive scan during which all files, including old unmodified files, are backed up. Thereafter, all of your files will be backed up every day.

Back-Up Services Subscription Agreement
KintolOnLine, LLC d/b/a Student Backup (“Student Backup”), a New York limited liability company, P.O. Box 427, Glen Head, NY 11545 and you (“Subscriber”) agree as follows:

Student Backup will provide remote data back-up and retrieval services relating solely to personal computer work product files (the “Service”) pursuant to the terms of this Agreement. Subscriber agrees to promptly notify Student Backup of any change in the information provided during registration for the Service (including, without limitation, any change in mailing address, telephone number, email address or credit card information).

1. Scope of the Service. Student Backup will provide access to software to enable Subscriber to use the Service pursuant to this Agreement. This software is not sold to Subscriber. The Service is provided via Student Backup’s website, www.studentbackup.com, and enables Subscriber to upload and store on Student Backup’s servers up to a maximum of 1GB of Subscriber’s personal computer work product files (such as word processing documents, spreadsheets and PowerPoint presentations) that are stored on a single personal computer. The Service will also enable Subscriber to download Subscriber’s files stored on Student Backup’s servers to any computer designated by Subscriber. THE SERVICE DOES NOT INCLUDE BACKUP, STORAGE OR RETRIEVAL OF ANY PROGRAM FILES OR ANY PICTURE, PHOTOGRAPH OR MUSIC FILES.

2. Fees and Billing. For the 1GB of storage space described under Scope of the Service, Subscriber agrees to pay Student Backup $49.00, payable in full upon entering into this Agreement, which entitles Subscriber to the Service for one year from the date that Student Backup provides Subscriber with a password to use the Service. Subscriber’s contract for the Service will be renewed and Subscriber will automatically be charged for a renewal term in accordance with the Term/Renewal section below, unless the contract is properly terminated. There is no charge for access to the software.

The initial fee and renewal fees will be charged to Subscriber’s credit card provided by Subscriber during registration. If the renewal charge cannot be charged against the credit card provided by Subscriber. Student Backup will seek another form of payment from Subscriber.

Subscriber is responsible for payment of any state or local sales or use taxes or other state or local charges imposed on the sale, purchase, or use of the Service or any part thereof. Student Backup will not collect or accept from Subscriber any tax or payment in respect of a tax that Student Backup has not charged or invoiced to Subscriber.

For any reason, if you are not satisfied with the Student Backup product within 15 days of purchase, you will be entitled to a full refund. Requests for cancellation can be made by emailing us at billing@studentbackup.com.

3. Term/Renewal. This Agreement will continue for one year following the date that Student Backup provides Subscriber with a password to use the Service, unless terminated earlier for breach. Subscriber may cancel this Agreement at any time prior to midnight of the fifteenth (15th) business day after the date you enter into this Agreement.

AFTER THE INITIAL ONE YEAR TERM, THIS AGREEMENT WILL AUTOMATICALLY BE RENEWED AND SUBSCRIBER WILL AUTOMATICALLY BE CHARGED EACH SUBSEQUENT YEAR FOR AN ADDITIONAL RENEWAL TERM OF ONE YEAR. TO AVOID RENEWAL, PRIOR TO THE END OF THE CURRENT ONE YEAR TERM EITHER PARTY MUST NOTIFY THE OTHER THAT IT WISHES TO TERMINATE THIS AGREEMENT, IN WHICH EVENT, THIS AGREEMENT WILL TERMINATE AT THE END OF THE ONE YEAR TERM IN WHICH SUCH NOTICE IS GIVEN. THE FEE PAYABLE FOR EACH ONE YEAR RENEWAL TERM SHALL BE $49.00, UNLESS STUDENT BACKUP PROVIDES SUBSCRIBER NOTICE OF AN INCREASED (OR DECREASED) FEE BEFORE COMMENCEMENT OF THE RENEWAL TERM OR CHARGING SUBSCRIBER, IN WHICH CASE THE INCREASED (OR DECREASED) FEE SHALL APPLY. UNLESS THIS AGREEMENT IS TERMINATED AS SET FORTH ABOVE, STUDENT BACKUP WILL CHARGE SUBSCRIBER FOR THE AMOUNT OF THE RENEWAL FEE AT THE COMMENCEMENT OF EACH RENEWAL TERM AND MAY DO SO BY AUTOMATICALLY CHARGING THE CREDIT CARD IPROVIDED BY SUBSCRIBER. IN THE EVENT IT IS NOT POSSIBLE TO CHARGE THE PROVIDED CREDIT CARD, STUDENT BACKUP WILL SEEK ALTERNATIVE PAYMENT FROM SUBSCRIBER. NOTWITHSTANDING THE FOREGOING, SUBSCRIBER MAY TERMINATE RENEWAL OF THIS AGREEMENT BY PROVIDING NOTICE TO STUDENT BACKUP WITHIN THE FIRST SIXTY (60) DAYS OF ANY RENEWAL TERM. UPON CANCELLATION BY SUBSCRIBER, STUDENT BACKUP WILL ISSUE SUBSCRIBER A PRO-RATED REFUND CALCULATED BASED ON THE ACTUAL NUMBER OF DAYS THE SERVICE WAS AVAILABLE TO SUBSCRIBER BETWEEN THE RENEWAL DATE AND THE CANCELLATION DATE (UP TO 60 DAYS) DURING THE RENEWAL TERM. AFTER 60 DAYS, SUBSCRIBER WILL BE CHARGED THE FULL ANNUAL SUBSCRIPTION FEE.

4. Contracting Eligibility. You must be at least 18 years old (19 years old in Alabama and Nebraska) to enter into this Agreement. If you are under the age of 18 (19 in Alabama and Nebraska) this Agreement must be entered into by your parent or guardian.

5. Access to the Service. Subscriber is responsible for the cost of, and the connectivity to, Internet access and the hardware necessary to access the Service. Files are transmitted by an Internet Service Provider (“ISP”) over communication company circuits, which are beyond Student Backup’s control. If the ISP or the communication circuits are not functional for any reason, Subscriber’s data files may not be accurately or completely transmitted.

6. Support. See www.studentbackup.com for support and times when it is available.

7. Limitations on Use. Subscriber agrees to use the Service only for the back-up of Subscriber’s own personal computer work product files and not for commercial use or any other purpose or on behalf of any other person. Subscriber shall not use the Service for the transmission or storage of any files that contain any virus, intentionally destructive or disruptive code, libelous, defamatory, obscene or infringing material nor shall Subscriber use the Service for any unlawful purpose nor shall Subscriber tamper with, modify or impair the backup systems used by Student Backup to provide the Service. Student Backup reserves the right to refuse, remove or disable access to any files that Student Backup, in its sole discretion, determines to contain any virus, intentionally destructive or disruptive code, libelous, defamatory, obscene, or infringing material or to be used for an unlawful purpose.

8. Disclaimer of Warranties. Student Backup represents that it will provide the Service in a commercially reasonable manner and that the Service will perform substantially in accordance with the specifications described in this Agreement. The transmission, storage, viewing and retrieval of files through the Internet is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, SUBSCRIBER AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STUDENT BACKUP DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SERVICE AND ANY ENABLING SOFTWARE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). STUDENT BACKUP MAKES NO REPRESENTATION: (1) THAT THE SERVICE WILL MEET SUBSCRIBER’S NEEDS; (2) THAT ACCESS TO THE SERVICE OR STORED FILES WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (3) THAT THE STORED FILES WILL NOT BE LOST OR DAMAGED; (4) THAT SUBSCRIBER’S DATA OR FILES WILL NOT BE LOST OR DAMAGED; OR (5) THAT DEFECTS IN THE SERVICE OR ENABLING SOFTWARE WILL BE CORRECTED. SUBSCRIBER ACKNOWLEDGES THAT ANY FILES RETRIEVED THROUGH THE USE OF THE SERVICE OR ENABLING SOFTWARE IS DONE AT SUBSCRIBER’S CHOICE AND RISK AND SUBSCRIBER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER’S PERSONAL COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH RETRIEVAL.

9. Exclusive Remedy; Limitations of Liability. IN NO EVENT SHALL STUDENT BACKUP HAVE ANY OBLIGATION OR LIABILITY FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR FILES (OR DATA THEREIN) OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, SAVINGS OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT THE USE OR INABILITY TO USE THE SERVICE OR ENABLING SOFTWARE OR FOR LOSS OF DATA OR FILES STORED THEREIN, EVEN IF STUDENT BACKUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE ENTIRE LIABILITY OF STUDENT BACKUP, AND SUBSCRIBER’S EXCLUSIVE REMEDY, ARISING FROM OR RELATED TO THE FAILURE OF THE SERVICE TO PERFORM IN ACCORDANCE WITH SPECIFICATIONS, OR OTHERWISE ARISING FROM OR RELATED TO THIS AGREEMENT, SHALL BE LIMITED TO A REFUND OF THE AMOUNTS PAID BY SUBSCRIBER FOR THE SERVICE. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW IN SUBSCRIBER’S JURISDICTION.

10. Breach and Termination. This Agreement may be terminated by either party for breach by the other party, provided written notice of such breach is given and such breach is not cured within thirty (30) days of receipt of such notice. This Agreement may also be terminated by Student Backup in the event Student Backup’s computer equipment, communication circuits, or other equipment is/are destroyed by fire, other catastrophe, or by any other means or is so substantially damaged that it is impractical to provide the Service to the Subscriber.

11. Assignment. Student Backup may assign or transfer its rights and obligations under the Agreement. Subscriber may not sub-license, transfer or assign its rights or interest in this Agreement.

12. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any and all suits arising from or relating to this Agreement shall be brought exclusively, in the state or federal courts in New York County, NY and the parties consent to personal jurisdiction and venue in such courts for such purpose.

13. Entire Agreement. This document sets forth the entire agreement between the parties concerning the subject matter thereof and supersedes any other agreement, promise, representation or understanding between the parties, whether written or oral.