Terms of Use

These terms of use (“Terms”) comprise a legal agreement between the Parties, which are comprised of you, either individually or on behalf of another entity (“you” or “yourself”), and MIS, Inc. and Practically Inspired, LLC (collectively doing business as "BackupBC"), which mutually operate the Product, as that term is defined in the following paragraph, below. These Terms govern your use of the Product. By clicking “I AGREE” (or similar button), or by using the Product, you agree to these Terms. If you do not agree to these Terms, then do not click “I AGREE” and do not use the Product. By clicking “I AGREE” or by using this product, you represent that you are authorized to enter this Agreement on behalf of yourself or the intended or actual user of the Product.

The Product

The Product is an application (“app”) installed on your website which you can use to create an export of your website. Owing primarily, though not exclusively, to limitations imposed by your website hosting platform, the Product may or may not create an export of everything on your website. For a list of items that can and cannot be backed up, please refer to the Instructions tab in the Product. Unless an item is specifically included in the list of what can be backed up, it is not backed up by the Product. It is your responsibility to understand and accept the features and limitations of using the Product and thus it is your responsibility to review this list. BackupBC does not warrant, guarantee, or otherwise make any assurances, implied or otherwise, as to your use of the Product or its' performance. You agree to use the Product “as-is”, subject to all limitations, known and unknown.

Use of the Product

Subject to these Terms, BackupBC grants you a limited, non-exclusive, non-transferable, revocable license to use the Product. You may not transfer or copy the Product to another website without permission from BackupBC.

You acknowledge that certain third party code may be provided with the Product and that the license terms accompanying that code will govern its use. You acknowledge that BackupBC and/or third parties own all rights, title and interest in and to the Product, including all intellectual property rights. Except for the license granted in these Terms, BackupBC and its licensors retain all rights to the Product, and no implied licenses are granted to you.

You specifically agree that you will not, nor will you permit another person to:

  • sublicense, lease, rent, loan, transfer or distribute any portion of the Product;
  • modify, adapt, translate or create derivative works from the Product;
  • decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Product; or
  • remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed in association with the Product.

Access to the Product

The Product is provided to you by your website developer ("Developer"), who is responsible for staying current on applicable payments and/or other obligations, if any, necessary to insure your continued use of the Product. If the Developer fails to stay current on payments or otherwise violates these Terms or other applicable terms of service, the Product may be deactivated without notice to you and may no longer function.

Any obligation or commitments, financial or otherwise, that may exist between you and the Developer for the use of the Product are independent matters between you and the Developer. BackupBC assumes no responsibility with regard to your access to the Product and is not responsible if your access to the Product is changed or otherwise limited by virtue of actions or inactions by or on the part of the Developer. You agree that BackupBC shall not be included as a party in any legal action that may exist or occur involving you and the Developer and that regards in any way your use of or reliance on the Product.

Reliability

BackupBC makes no representations or warranties that the Product will be available and functioning at all times or successfully create an export of your data. Like any product that relies on Internet connectivity, the Product is vulnerable to the inherent unreliability of connectivity and other variables associated with doing business on the Internet. You also understand and acknowledge that the Product relies on certain third party services and that BackupBC is not responsible for failures to make or maintain necessary connections with these services, no matter what the cause, and that such failures to connect may result in your data not being backed up successfully. You further agree that BackupBC shall not be liable for any damages, claimed or real, that result from a failure or failures of the Product, the Internet, or third party services that prevent your data from being backed up.

Limitation of Liability

You agree that BackupBC is and shall not be liable for any damages that are caused or claimed to have been caused by the use of, or the inability to use, the Product and/or from the materials or information, documentation or videos associated with the Product, even if BackupBC is specifically advised or notified by any means or manner of the possibility of such damages. In no event shall the total liability to you by BackupBC for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by your Developer to us or to the third party app installer, if any, for accessing and/or using the Product.

You agree that BackupBC and its owners, MIS, Inc and Practically Inspired, LLC, are and shall not be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused (including, without limitation, damages for loss of data or profit, or due to business interruption) to you in connection with your use of the Product, our materials, instructions, tutorials, any advice, goods or services you receive from us, directly or indirectly through, for example, a Developer.

Your Information

Your contact information may be collected by certain third parties associated with the delivery of the Product. It is your responsibility to obtain from your Developer terms that are acceptable to you. BackupBC will not share your information with other parties unless required to do so by force of law (i.e. court order, subpoena or other applicable legal mechanism).

Compliance with Laws & Acceptable Use

You are solely responsible for your conduct related to use of the Product, and any materials or data you store associated with your website. You specifically agree that you will not use the Product to:

  • violate any laws or regulations;
  • infringe the intellectual property or other rights of third parties;
  • transmit any material that contains viruses or other harmful computer code or files, such as Trojan horses, worms or time bombs.

Children's Online Privacy Protection Act Compliance

BackupBC complies with the requirements of COPPA (Childrens Online Privacy Protection Act) and does not collect any information from anyone we know to be under 18 years of age. The Product is directed to people who are at least 18 years old or older.

Cookies

You acknowledge and agree that your browser must be enabled to accept cookies in order for you to use the Product.

Choice of Law

The parties agree that all lawsuits by and between them will be brought in the state of New Mexico, USA and that New Mexico procedural and substantive law will apply.

Changes to the Product and Terms

BackupBC reserves the right at any time to modify, suspend, or discontinue providing the Product, in whole or in part, without notice to you. While not obligated to do so, BackupBC will use commercially reasonable efforts to notify your Developer of any such action. BackupBC reserves the right to modify these terms at any time, and each such modification will be effective upon posting at the following URL available and accessible to you: http://www.backupbc.com/terms. Updated terms may not be visible in the Product. All material modifications will apply prospectively only. Your continued use of the Product following any such modification constitutes your agreement to be bound by the modified terms. To stay informed of any changes, please review the most current version of these terms posted here http://www.backupbc.com/terms. If you do not agree to be bound by these terms, you must stop using the Product immediately.

Contacting Us

Users with questions about these Terms may contact BackupBC via e-mail at: info@backupbc.com
Last revised: April 24, 2018