Terms & Conditions
DataPoize Products and Services Terms and Conditions of Use
READ THIS AGREEMENT CAREFULLY.
1. Definition of Terms
As used in these Terms and Conditions of Use: "Backup Data" includes any data you back up through Use of the DataPoize Products or Services and any related data that are in the possession of DataPoize. "DataPoize," "we," "us," or "our" (whether or not capitalized) mean DataPoize and its subsidiaries. "DataPoize Products or Services" means data backup services, websites (including without limitation, www.DataPoize.com), “Company” or “Parent Company” means Albion or Albion InfoTel Ltd. or Albion Global Inc. or its subsidiaries. All other documentation, features, tools, DataPoize Software, and any other products or services provided by DataPoize. "DataPoize Software" means software provided to you or for your use by DataPoize. "Computer" (whether or not capitalized) means a desktop or laptop computer, network device, and any storage device attached to them in any fashion. "Days" (whether or not capitalized) means calendar days. "Personal Information" means information that you may provide at the time of registration or otherwise, such as name, physical location or address, IP address, e-mail address, employment, or similar information that identifies you as a specific individual. To "Publish" documents or information means to provide to or make them accessible to you by mailing, emailing, desktop messaging, faxing, or delivering them to you, or by posting them to www.DataPoize.com or any other website you visit to register for, subscribe to, license, buy, or Use DataPoize Products or Services. The "Subscription Period" for any license to use DataPoize Products or Services begins at purchase, regardless of the date of activation, and expires at the end of your specific purchased term. A specific purchased term may be monthly, yearly, multi-year or for another periodic metric. For example, if you are billed on a monthly basis, your Subscription Period is for the month billed. To "Use" or "Using" DataPoize Products or Services means each time you visit a DataPoize website, register with DataPoize, download DataPoize Software, use DataPoize Software to encrypt or back up data, view the status of your Backup Data, store or restore Backup Data, access any Backup Data or request support. "You," "yourself", "user," and "customer" (whether or not capitalized) refer to the individual or legal entity registering for or using the DataPoize Products or Services.
2. Acceptance of Terms and Conditions of Use; Modification; Cancellation
By registering to Use DataPoize Products or Services, and each time you Use a DataPoize Product or Service, you affirm your acceptance of these Terms and Conditions of Use and agree to comply with them now and throughout the period of your Use of the DataPoize Products or Services and thereafter, as noted in Section 6 (DataPoize License to You; Renewals, etc.) below. If you do not agree to these Terms and Conditions of Use in their entirety, do not Use DataPoize Products or Services. DataPoize may change the Terms and Conditions of Use at any time, without prior notice to you, and in its sole discretion. The new or modified Terms and Conditions of Use will be effective immediately after we publish them on our website at www.DataPoize.com. If you do not agree to be bound by DataPoize's Terms and Conditions of Use as Published by DataPoize from time to time, your sole and exclusive remedy is to discontinue using DataPoize Products or Services. If you wish to cancel your DataPoize license after a change in the Terms and Conditions of Use, you must do so in writing or by email within thirty (30) days after your next Use of a DataPoize Product or Service following the change in the Terms and Conditions of Use. For this type of cancellation you will receive a pro-rata refund for the unused portion of your DataPoize license as of your date of notice. You acknowledge and agree that if you do elect to cancel your license within this specified period after a change in the Terms and Conditions of Use, or if you cancel your license or fail to renew an expired or terminated license for any reason, DataPoize may delete any information that DataPoize has obtained through your Use of DataPoize Products or Services, including without limitation, your Backup Data, and DataPoize will not have any Backup Data available for your Use. Cancelled accounts will have all information deleted immediately upon cancelling.
3. Requirements for Registration or Use of DataPoize Products
DataPoize Products or Services are intended and offered only for lawful Use by individuals or organizations with the legal capacity and authority under applicable law to enter into a contract for such products or services. DataPoize does not offer DataPoize Products or Services to minors or where prohibited by law. By registering for and/or by Using DataPoize Products or Services, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement to adhere to the DataPoize Terms and Conditions of Use and that you will Use DataPoize Products or Services only in accordance with these Terms and Conditions of Use and with all applicable laws. If an individual is registering or Using DataPoize Products or Services on behalf of an entity or organization, that individual warrants, represents, and covenants to DataPoize that such individual is duly authorized to agree to these Terms and Conditions of Use on behalf of the organization and to bind the organization to them. If an individual uses DataPoize Products or Services that are provided by any third party including any person, entity or organization, the individual Using the DataPoize Products or Services, by virtue of such use, agrees that any information the individual provides to DataPoize (including but not limited to the individual's Backup Data and Personal Information) will be accessible to, and may be viewed, changed, or deleted by the person, entity or organization that provided the DataPoize Products or Services to the individual. You agree to provide accurate and complete information when you register for a DataPoize Product or Service and you agree to keep such information accurate and complete during the entire time that you Use DataPoize’s Products or Services. We may ask you from time to time to establish a user name or password to access or Use the DataPoize Products or Services. You are solely responsible for any consequences arising in whole or in part out of your failure to maintain the confidentiality of your username and/or password.
4. Lawful Use of DataPoize Products or Services
You may not Use DataPoize Products or Services for any unlawful purpose. Without limiting the foregoing:
(a) DataPoize Products or Services may not be Used to store, backup, or distribute child pornography and may not be Used in violation of U.S. export control laws/Indian Penal Code Acts or the export or import regulations of other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import as may be required.
(b) You may not Use DataPoize Products or Services if you are a citizen, national, or resident of, or are under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, Iraq, Morocco, Nigeria, Tunisia, Pakistan, Algeria, Afghanistan, Saudi Arabia, or any other country to which the United States has prohibited export. Each time you Use DataPoize Products or Services you represent, warrant, and covenant that: (i) You are not a citizen, national, or resident of, nor under the control of, any such country to which the United States has prohibited export; (ii) You will not download or otherwise export or re-export the DataPoize Software, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries; (iii) You are not listed on the U.S. Department of Treasury's Lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, the U.S. Department of State's List of Statutorily Debarred Parties, or the U.S. Department of Commerce's Denied Persons List, Entity List, or Unverified List Table of Denial Orders; (iv) You will not download or otherwise export or re-export the DataPoize Software, directly or indirectly, to persons on the above mentioned lists; (v) You will neither Use nor allow the DataPoize Software to be Used for, any purposes prohibited by United States federal or state law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction; (vi) The DataPoize Software will not be exported, directly, or indirectly, in violation of these laws, nor will the DataPoize Products or Services be Used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation; and (vii) You are not using or permitting others to Use DataPoize Products or Services to create, store, backup, distribute, or provide access to child pornography.
(c) If Metadata checking (i.e. file names) reveals that an account has content relating to video piracy, software piracy or any copyrighted data with the intent to distribute (i.e. torrents)
5. Changes to the DataPoize Products or Services
DataPoize has the right at any time to change, modify, add to, discontinue, or retire any DataPoize Product or Service and any aspect or feature of the DataPoize Products or Services including, but not limited to, the software, hours of availability, equipment needed for access or Use, the types of files that are backed-up (not every file on your computer is backed-up), the maximum disk space that will be allotted on DataPoize servers on your behalf either cumulatively or for any particular service, or the availability of DataPoize Products or Services on any particular device or communications service. DataPoize will provide notice of material changes to the DataPoize Products or Services or changes to this Agreement by posting them to www.DataPoize.com . DataPoize shall have no obligation to provide you with notice of any such changes in any other manner. It shall be your responsibility to check our website periodically to inform yourself of any such changes. From time to time, DataPoize may issue new releases, revisions, or enhancements to the DataPoize Products or Services available to you free of charge or for a fee. New releases, revisions or enhancements may be licensed, downloaded, and installed only to the extent that you hold a valid license to Use the DataPoize Products or Services being updated or upgraded, and you may Use them only in accordance with the then-current Terms and Conditions of Use and any additional license terms that may accompany them. DataPoize may automatically update DataPoize Products or Services you have installed on your computer without your prior consent. If any automatic updates involve the payment of additional fees, we will provide you with the opportunity to approve such fees prior to the new functionality being enabled. If you fail or refuse to approve such fees, DataPoize may, in its sole discretion, terminate your current license, continue to support your current DataPoize Products or Services without the automatic update, or replace your DataPoize Products or Services with other DataPoize Products or Services. If DataPoize terminates your current license on account of your failure or refusal to approve such fees, then DataPoize will refund, on a pro-rata basis based on the remaining term of the current license, provided that the most recent license renewal or original license purchase was made less than 30 days prior, any fees related to the period during which you will not have access to your DataPoize Products or Services. If DataPoize updates the DataPoize Products or Services without requiring an additional fee and you object to such change, your sole remedy shall be to terminate your use of the DataPoize Products and Services. These Terms and Conditions of Use (including any documents incorporated by reference) constitute the entirety of the agreement between us and you concerning the subject matters discussed herein. This Agreement supersedes any prior written or oral representations, understandings, or agreements, and may not be modified except by the posting of changes to www.DataPoize.com as provided in this Section 5. No written or oral statement, understanding, representation, or alleged agreement made outside the Terms and Conditions of Use posted to www.DataPoize.com may be used to modify, interpret, add to, supersede, or construe the terms of this Agreement, except by means of a written agreement signed by an officer of DataPoize.
6. DataPoize License to You; Renewals, Modifications, Limits
(a) Scope of License.
DataPoize grants you a non-exclusive, non-transferable limited and revocable license to install the DataPoize Software only on the computer(s) for which you have paid the applicable fees and taxes and from which you are licensed to access the DataPoize Products or Services, and to Use the DataPoize Products or Services for the sole and exclusive purposes of connecting to and Using the DataPoize Products or Services for your personal or internal business purposes in accordance with these Terms and Conditions of Use. We reserve all other rights to the DataPoize Products or Services. You may Use a license for the DataPoize Products or Services with only one computer at a time unless the DataPoize Products or Services you Use are explicitly designed and marketed to operate on more than one computer at a time concurrently. The type of license you have (including such variables as whether the license permits use of DataPoize Products or Services on more than one computer, whether the licenses fees are based on the number of computers, volume of data, or both, and the length of the Subscription Periods, etc.) is set forth as part of the DataPoize Product or Service description available at www.DataPoize.com . Should your license for the DataPoize Product or Services you Use be designed for only one computer at a time you may transfer your license to another computer in the event that you cease to use the computer on which DataPoize Software was originally installed. If you wish to protect multiple computers, you must obtain a separate paid license for each computer or you must obtain a multi-computer license which will be applicable to the number of computers stated in such license. You may not sub-license, or charge others to Use or access the DataPoize Products or Services and you may not redistribute the DataPoize Products or Services or provide others with access to or Use of them, unless you have entered into a separate Reseller Agreement or other agreement with DataPoize that expressly authorizes you to engage in this activity. Without limiting the forgoing, you will not permit others to Use the DataPoize Products or Services to access or decrypt data stored on servers provided by DataPoize you will not Use or permit others to Use the DataPoize Products or Services to decrypt data encrypted by others; and you will not Use or permit others to Use the DataPoize Products or Services to provide encryption or decryption services to others, whether or not such services are compensated.
(b) Trial Licenses.
You may have received as part of your DataPoize license the opportunity to extend the expiration date of your license or trial through the Use of various marketing codes. If you do not enter these codes at the time you purchase your license or start your trial license, DataPoize will not add this additional time to your license or trial at a later date. If you received a free trial or evaluation license for which you have not paid a license fee, DataPoize grants to you a non-exclusive, non-transferable limited license to Use the DataPoize Software during the trial or evaluation period in accordance with these Terms and Conditions of Use. If you wish to protect multiple computers with a free trial or evaluation license, you must obtain a separate license for each computer or you must obtain a multi-computer license which will be applicable to the number of computers stated in such license. You may only install one free trial or evaluation license in each calendar year per computer.
You agree that DataPoize shall have the right to automatically and without notice renew your license to continue to Use the DataPoize Products or Services upon expiration of your then-current license, and that as part of such renewal DataPoize shall have the right to charge the applicable renewal fees and any applicable taxes, which may be different than those you paid when you initially purchased or last renewed your license for DataPoize Products or Services to any credit card you used to purchase your then-current license. You agree that if you elect to not permit DataPoize the right to automatically renew your license to Use DataPoize Products or Services or your credit card information on file with DataPoize does not permit automatic renewal, then DataPoize may terminate your license if you do not otherwise renew your license. If you received a discount in your initial sign up period this will be for the first term with DataPoize only. We will renew your account at the listed non discount price.
First month discount promotions.
If you received a discount promotion on your initial months sign up, you agree that DataPoize shall have the right to automatically and without notice renew your license at the listed non discounted monthly price. All other terms of service will still apply upon acceptance.
(d) Cancellation of Renewals.
You may cancel a renewal of a license only on the following terms: You may not Use DataPoize Products or Services for any unlawful purpose. If your most recent original or renewal license of DataPoize Products or Services was for a period of greater than thirty (30) days, you have thirty (30) days from the date that your license was last renewed to elect to discontinue your Use of DataPoize Products or Services. If you elect to discontinue your Use of DataPoize Products or Services within this period, you will be issued a full refund for the amount of your license renewal. If your most recent original or renewal license of DataPoize Products or Services was for a period of greater than 30 days, and you beyond your original or renewal 30 days of that period, you shall will not be entitled to a refund. In addition all sales are final and not subject to a refund for the following products multiple computer extra, priority support, additional support, increased bandwidth and other additional products that may be offered from time to time by DataPoize . That do not fall within the initial package purchased by you. All extras concerned are one time purchases for the period you selected and will not be eligible for a refund. in addition all sales are final and not subject to a refund for the following products: Should you fail to pay amounts invoiced and due within seven (7) days of being invoiced, or should your payment be otherwise rejected or denied, then DataPoize may at its sole discretion begin collection proceedings to recover any and all amounts due. Should DataPoize elect to refer your past due obligations for collection proceedings you will also become responsible for any costs associated with said collections and shall pay DataPoize the greater of the then permissible interest rate on the past due balance or 1.5% per month calculated and due on a monthly basis. You are responsible for ensuring that DataPoize has current and accurate records necessary, to renew your license, including without limitation, credit card data.
(e) Early Termination Fee
We will apply a termination charge if you stop your service when still within your contract term. When you sign up for a minimum term service, the costs of that service are spread across the term period, for example over 6 months, 1 or 2 years. Discounts and any fees are also included in the agreed service costs. Early Termination charges are applied to recover the costs of the service provided to you over the minimum contract period.
Your Early Termination Fee will be 15% (of pending contract amount) for failure to complete your contract term.
Note: A Termination charge doesn't attract VAT.
What are Early Termination charges?
Often, customers that order services from us agree to take those services for a minimum period (usually 6 /12/24 months). Sometimes customers will choose to give up a service within this minimum period. If they do, we will usually charge them for doing so.
The exceptions when we will not raise Early Termination charges are listed below:
All monthly plans are void of any terminations fees as their contracts are on month-month contracts.
Contract extension: a contract extension for the same product, for example 1 year extended to a 2 year contract.
Product migration: migration of an existing product or service up the value chain to a higher value product for the same or longer contract period.
Temporary service: termination of a pre-agreed temporary service.
Account’s where the termination is within (3) Three days from the date of order.
If the resulting refund is less than 14.95 the refund will not be issued but no further charges for the remaining will be charged.
Why wasn’t I told about the charge?
When you ordered the product with us, the prices and terms and conditions of service would have been explained. Re-confirmation of length of contract, and our terms and conditions would have been shown as a confirmation box on the order form. We also highlight the length of term in all of our product descriptions.
DataPoize may in its sole discretion provide automatic updates to the DataPoize Products or Services. These updates may not be consistent across all platforms and computers; and the performance and features offered by DataPoize may vary depending on your computer and other equipment. You agree that we may automatically check your version of the DataPoize Software and automatically update the DataPoize Software on your computer. You agree to accept and to take no action to interfere with such automatic updates, scanning, and related activities and services. If you shut down your computer or the DataPoize Software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
By purchasing a license, you acknowledge that you are aware of the opportunity to "try before you buy" by using a free or evaluation DataPoize Product or Service. DataPoize offers a pro-rated 30-day money back guarantee for DataPoize Products or Services. By purchasing any service with a setup fee you acknowledge that the setup fee is non-refundable where 'setup fee' is indicated in the plan or plan name.
(i) Duration of Agreement.
You agree that you shall be bound by these Terms & Conditions of Use beginning on the earlier of when you first install DataPoize Products or Services or when you first agree to the DataPoize Terms and Conditions of Use until the later of the dates when (i) your license and any renewal thereof terminates, ii) your Backup Data is deleted, or iii) you have your last contact with DataPoize for customer support.
7. Assignment and Delegation by DataPoize
DataPoize may, in its sole discretion, transfer or assign all or any part of its rights in the DataPoize Software, the DataPoize Products or Services, and any license or contract related thereto, and may delegate all or any portion of its duties, if any, under any such DataPoize Products or Services, licenses, or other contracts.
8. No Transfers or Modifications by You
You may not sell, assign, grant a security interest in or otherwise transfer any right in the DataPoize Products or Services, nor incorporate them (or any portion of them) into another product or service. You may not copy the DataPoize Products or Services. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the DataPoize Software or decrypt any files that are not associated with your computer. You may not modify the DataPoize Software or use it in any way not expressly authorized by these Terms and Conditions of Use. You may not obtain the communications protocol for accessing the DataPoize Products. You may not authorize or assist any third party to do any of the foregoing.
9. Protection of Files
You are solely responsible for protecting the information on your computer such as by installing anti-virus software, updating your applications, password protecting your files, and not permitting third party access to your computer. You understand that the DataPoize Products or Services may back-up files that are no longer usable due to corruption from viruses, software malfunctions or other causes. This might result in you restoring files that are no longer usable.
10. Retention or Deletion of Backup Data and Personal Information
DataPoize Software saves to a server operated by DataPoize or its parent company – Albion InfoTel Ltd. (India) / Albion Global Inc. (US) an encrypted copy of each file you designate. The DataPoize Software scans for changes or additions to these files and then periodically creates an encrypted copy of a modified or newly designated file. You will not be able to restore files that DataPoize has not completed copying, files that have been changed but not yet been backed up, or files or folders or disc drives that are not eligible for back up. DataPoize does not maintain a secondary copy of your data that you have Backed Up to our servers. Should your data be lost by DataPoize we will undertake commercially reasonable efforts to create a replacement back-up from the files stored on your computer. If your license to Use DataPoize Products or Services expires, is terminated, is not renewed, or is otherwise discontinued for any reason, DataPoize and the company may, without notice, delete or deny you access to any of your Backup Data that may remain in our possession or control. You agree that if i) you mark a file to no longer be backed-up, ii) you delete a file from your computer, iii) move a file to a location on your computer that is not marked for back-up, iv) you delete a computer from your DataPoize Products or Services account, v) your computer is unable to access DataPoize, or vi) you terminate or allow your trial or license to terminate, non-renew, or otherwise lapse for any reason, that the files you have marked, deleted, moved or stored on a deleted, inaccessible, or unlicensed computer may not be available to you should you wish to restore them. You agree that DataPoize and Albion may retain (but shall have no obligation to retain) your Backup Data for a period after your trial or license has been terminated, expired, or otherwise lapsed, as part of DataPoize's marketing to you of the opportunity to purchase, renew, or extend a license. You also agree that DataPoize may retain your Personal Information and related account information for a reasonable time after your license has been terminated.
11. Customer Support
DataPoize may, in its sole discretion, provide customer support or service to you. This service may be available only on selected days and during a limited number of hours. Service may also only be made available through certain delivery vehicles such as email or telephone and some services may only be available for the payment of an additional fee or charge. As part of the delivery of services, DataPoize may employ a variety of tools to aid in the process of resolving your issues as a user. You grant DataPoize the right to use these tools and hold DataPoize harmless for the use of these tools as well as the guidance provided by its customer support staff who, you acknowledge, cannot be fully aware of all of the complexities associated with the DataPoize Products or Services, your computer, or all of the related or associated infrastructure that may affect the performance of your systems or the encryption and backup of your files. You agree and understand that certain programs, files, information or data you restore may require that you have access to or retain license keys that DataPoize may not have backed up and that you will retain any needed copies of such information. You agree and understand that certain programs, applications or utilities will require configuration in order to access data restored from your DataPoize Products or Services and that DataPoize has no obligation to assist, and may not be able to assist, you with such configurations.
12. Restrictions on Access to DataPoize Products or