Nero - Online Backup Terms and Conditions

Terms and Conditions of Service

Service: "Nero Online Backup Service" (the "Service"). The Service permits the end user ("You") to backup and restore Your computer files to and from a third party online location.
Service Provider: Nero AG and its service providers (collectively “Nero” or “Service Provider”).
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND NERO, IM STOECKMAEDLE 18, 76307 KARLSBAD, GERMANY.
THIS AGREEMENT IS EFFECTIVE AS OF THE EARLIER OF THE DATE THAT YOU REGISTER AND SUBSCRIBE TO THE SERVICE OR BEGIN USING THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF SERVICE (THIS "AGREEMENT"), DO NOT ACCESS OR USE THE SERVICE.
IF THE TERMS OF THIS AGREEMENT COMPRISE AN OFFER BY NERO, THEN YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THE TERMS AND CONDITIONS CONTAINED HEREIN.

I. Description of the Service

The Service permits You the ability to backup, restore and manage files via the Internet to remote online storage locations maintained by Nero and/or its service providers (collectively, the "Service Provider"). You acknowledge and agree that in order to utilize the Service, You must provide all computer and telecommunications equipment and subscribe and pay for any connection or service fees associated with the necessary connections to the Internet.
When You register for the Service, You will select a (i) certain storage limit (the "Storage Limit"), (ii) data transfer limit ("Transfer Limit") and (iii) term of Service ("Service Term", together with the Storage Limit and Transfer Limit, the "Account Parameters"). Any changes to the Account Parameters will require re-acceptance of this Agreement.
Service Provider reserves the right to modify or discontinue the Service with or without notice to You. Other than a pro-rata refund for any prepaid but unused portion of the Service as determined in Service Provider's sole discretion, Service Provider shall not be liable to You or any third party should Service Provider exercise its right to modify or discontinue the Service.

II. Conditions of Use

You agree to (i) provide accurate, current and complete information about You during Your registration to access the Service, including without limitation, Your name, contact information, payment information and other information requested by Service Provider (the "Registration Data"); and (ii) update such Registration Data as necessary to keep such data accurate, current and complete during the Service Term. All such Registration Data shall be maintained by Service Provider in accordance with this Agreement and Nero's privacy policy located at: http://www.nero.com/enu/privacy.html. In the event of a conflict between this Agreement and the privacy policy, the terms and conditions of this Agreement shall control.
As consideration for Your right to use the Service, You agree to (i) not to use the Service for any illegal or unlawful purposes, (ii) not use the Service to backup, restore or otherwise maintain or transmit any files, data, images, videos or programs (collectively, Your "Content") that contains (a) any illegal or unlawful pictures, videos, data, materials or information; (b) any harassing, libelous, slanderous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material of any kind or nature whatsoever; (c) any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; (d) any code or material that violates the intellectual property rights of third parties; (e) any operating system temporary files of any kind; or (f) any viruses, worms, "Trojan horses" or any other code, data or material that contain similar contaminating or destructive features; (iii) comply with all local, state, national or international laws or regulations pertaining to Your use of the Service, including without limitation, any and all laws relating to the export or re-export of files, data, images, videos or programs from the United States, the European Union or other jurisdictions around the world; (iv) not access or attempt to access any Service account or any files, data, images, videos or programs for which You are not authorized to use or access; and (v) not to do any act that intends to disrupt or negatively affect the Service in any way.
Upon registration, You will be provided a user account ("Account") and select a password ("Password"). You are solely responsible for maintaining the confidentiality or Your Account and Password and remain solely responsible for any and all actions taken under Your Account and Password unless and until You notify Service Provider that Your Account and/or Password has been stolen or otherwise compromised. You agree to immediately notify Service Provider in such event at “Legal@Nero.com”.
You acknowledge and agree that although Service Provider uses commercially reasonable efforts to restrict access to Your Content stored by the Service, it may be necessary for Service Provider to access such Content to maintain, support and/or troubleshoot the Service or to investigate suspected violations of this Agreement.
Your right to use the Service is limited to Your personal use. You may not use the Service to provide online backup services to any third party or in any commercial manner and doing shall be deemed a material breach of this Agreement.

III. Limitations of the Service

In the event that the Content that You upload through the Service meets or exceeds the Storage Limit, the backup functionality of the Service will be unavailable, but You may still be given the ability to restore Your Content as long as the Transfer limit is also not met. Once the volume of Content is lowered under the Storage Limit, Your ability to use the backup functionality shall be restored.
In the event that that You exceed the Transfer Limit within any given month (determined by the commencement of Your subscription to the Service), Your ability to access Your Content will be suspended until expiration of the then current month. Your ability to access Your Content will shall be restored on the first day of the immediately following month (determined by the commencement of Your subscription to the Service).

IV. Ownership

Any software used in providing the Service (the "Software") and all intellectual property rights of or relating to the Software or Service are owned by Service Provider and are protected by copyright laws, international treaty provisions, and other national laws. You agree that You have no right, title or interest in the Software or Service, except for the limited license to use the Service set forth in this Agreement.

V. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND EXPENSE. ALTHOUGH SERVICE PROVIDER WILL USE COMMERCIALLY REASONABLE ATTEMPTS TO PROVIDE UNINTERRUPTED, TIMELY, AND SECURE SERVICES (EXCEPT FOR SCHEDULED MAINTENANCE OR OTHER ISSUES OUTSIDE OF SERVICE PROVIDER'S REASONABLE CONTROL), SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY THAT IT WILL BE ABLE TO DO SO. THE SERVICE IS PROVIDED STRICTLY ON AN "AS IS, AS AVAILABLE" BASIS. SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SERVICE PROVIDER MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE STORED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA OR UNAUTHORIZED DISCLOSURE OF DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF SUCH MATERIAL AND/OR DATA. SERVICE PROVIDER MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THEIR ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.

VI. Limitation of Liability

IN NO EVENT SHALL SERVICE PROVIDER OR ANY THIRD PARTY BE LIABLE FOR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION, THE LOSS AND/OR DISCLOSURE OF YOUR CONTENT STORED IN THE SERVICE, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THEIR ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

VII. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SERVICE PROVIDER FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST SERVICE PROVIDER, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY TERM OF THIS AGREEMENT, YOUR MISUSE OF THE SERVICE, OR YOUR UNAUTHORIZED ACCESS OF THE SERVICE.

VIII. Account Suspension

Service Provider retains the right to suspend Your access to the Service in the event that (i) You fail to provide a valid form of payment or Service Provider suspects You are in violation of any of the terms and conditions of this Agreement or the laws or regulations of any jurisdiction that might apply to Your use of the Services. If Your account in suspended, You will not be able to access any of Your Registration Data or Content and You are urged to contact Service Provider immediately by email at “Legal@Nero.com”. In extreme circumstances where the violation involves the harm or potential harm to others or clearly illegal content you agree that Service Provider may provide any information to legal authorities that might assist such legal authority in investigating and prosecuting the matter.

IX. Duration of the Agreement

This Agreement shall remain effective until terminated. You may terminate this Agreement at any time upon written notice to Service Provider and Your discountenance of use of the Service. This Agreement will terminate without notice from Service Provider in the event that You fail to renew Your subscription to the Service prior to expiration of the then current Service Term or You fail to comply with any provision of this Agreement or Service Provider. Upon termination (i) Your right to access and/or use the Service immediately ceases and (ii) Service Provider has the right to delete Your account, Registration Data and any Content stored by the Service.

X. Notices

All notices to Service Provider shall be in writing and shall be made either via email to “Legal@Nero.com” or via postal mail to Nero AG, Im Stoeckmaedle, 13-15, 76307 Karlsbad, GERMANY and shall be effective only upon Service Provider's actual receipt of such notice. All notices to You shall be made via email or postal mail to the addresses You provided in Your Registration Data and shall be effective one (1) day after sending (if by electronic means) and three (3) days after sending if by (postal mail).

XI. Miscellaneous

This Agreement, its validity, its interpretation and performance shall be governed by the laws of Germany. You agree that any dispute between the parties hereto arising out of or in connection with this Agreement (including any question regarding its validity or termination) shall be submitted exclusively to the competent courts located in Karlsruhe, Germany. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. If any term or provision of this Agreement shall be declared invalid by a court of competent jurisdiction, such invalidity shall be limited solely to the specific term or provision invalidated, and the remainder of this Agreement shall remain in full force and effect, according to its terms. Service Provider reserves the right to change the terms and conditions of this Agreement, provided that You will be given the ability to re-accept such modified terms and conditions. In the event that You do not accept the modified terms and conditions, Your access to the Service may be terminated.