PLEASE READ THESE TERMS OF
USE CAREFULLY BEFORE USING SERVICE PROVIDERS FRONTIER PEACE OF MIND HARD DRIVE
BACKUP SERVICES
Frontier Peace of Mind hard drive backup services are hosted and
provided by Carbonite, Inc. The
Frontier Peace of Mind hard drive backup software and data center are owned by
Carbonite, Inc. This Agreement is
between Frontier Communications of America, Inc. and Carbonite, Inc. (together
the “Service Providers”) and you, as an authorized user of Service
Providers products and services, and governs the terms and conditions of your
use of Service Providers products and services (“Terms of Use“).
This Agreement, together with any operating rules, policies, price schedules,
or other supplemental documents expressly incorporated herein by reference and
published from time to time by Service Providers (collectively, the
"Agreement"), constitutes the entire agreement between Service
Providers and you regarding Service Providers Services, and supersedes all
prior agreements between the parties regarding the subject matter of this
Agreement.
You
Must Agree to these Terms of Use to Use Service Providers Products and Services
By using or registering for a Service Providers Product (defined
below), you agree to these terms and conditions ("Terms of Use") and
the Service Providers Privacy Policies. You agree to accept notices
electronically. Each time you use a Service Providers Product, you reaffirm
your acceptance of the then-current Terms of Use. If you do not wish to be
bound by these Terms of Use, you may discontinue using the Service Providers
Products. You cannot use or sign up for Service Providers Products until you
have accepted these Terms of Use.
Definition
of Terms
a. Carbonite, Inc. and Frontier Communications of
America, Inc. are referred to herein as "Service Providers,"
"we," "us," or "our."
b. You, as the user, are referred to herein as "you,"
"user," "subscriber," "client," or
"customer."
c. Service Providers Products. For purposes of these Terms of Use, the term
"Service Providers Products" shall mean Service Providers software
(”Service Providers Software“ or ”Software“, whether
preinstalled, on a medium, or offered by download), Service Providers services,
Service Providers websites (including, without limitation, www.Carbonite.com
and www.FrontierHelp.com) and all other software, features, tools, web sites
and services provided by Service Providers.
Modifications
to the Terms of Use
In the event that Service Providers make material changes to
these Terms of Use, all current Service Providers customers and trial users
will be notified via email at least 30 days before the modified terms of use go
into effect. Service Providers will e-mail users at the email address(es) provided by each user
and are not responsible for invalid addresses or undeliverable email. The
modified Terms of Use will be posted on our website at least 30 days in advance
of the effective date. You agree to the new posted Terms of Use by continuing
your use of the Service Providers Products. If you do not agree with the
modified Terms of Use, your only remedy is to discontinue using Service
Providers Products and cancel your registration.
Requirements
for Use or Registration of Service Providers Products
The Service Providers Products are intended for general consumer
use. You represent and warrant that you have adequate legal capacity to enter
into binding agreements such as these Terms of Use. Service Providers Products
may require the user to register and provide certain personal information to
Service Providers, such as name, e-mail address, gender, date of birth, zip
code (the "Personal Information"). If you register for any Service
Providers Product, you agree to provide accurate and complete Personal Information
and you agree to keep such information current.
Registered
User Information
The Service Providers Privacy Policy explains how Service
Providers collects and uses Personal Information. You consent to Service Providers’s use of your Personal Information under the
terms of the Service
Providers Privacy Policies.
Lawful
Use of Service Providers Products
You may use Service Providers Products for lawful purposes only.
Description
of Service Providers Products
Service Providers are in the business of providing
Internet-based backup products and services, the Service Providers Products. We
want you to have the best possible experience in dealing with Service Providers
and using Service Providers Products. Service Providers offers the Service
Providers Products through their websites www.Carbonite.com and www.FrontierHelp.com and through their retail partners and other vendors.
Service Providers Products may backup specific file types, such as photos,
music, home office application files, and other file types. Service Providers
Products operate automatically with little user involvement, and work to back
up your files whenever your computer is connected to the Internet.
Changes
to the Service
Service Providers have the right at any time to change, modify,
add to or discontinue or retire any aspect or feature of the Service Providers
Products including, but not limited to, the software, hours of availability,
equipment needed for access or use, the maximum disk space that will be
allotted on Service Providers servers on your behalf either cumulatively or for
any particular service or the availability of Service Providers Products on any
particular device or communications service. Service Providers have no
obligation to provide you with notice of any such changes.
Service
Providers License to You
Service Providers and its vendors grant you a personal,
non-exclusive, non-transferable limited license to install the software and
services distributed by Service Providers in object code form only on any
computer or device from which you wish to access the Service Providers service
for the sole and exclusive purposes of connecting to and using the Service
Providers Products in accordance with these Terms of Use. You may not
sub-license, or charge others to use or access the Service Providers Service.
Service Providers occasionally will provide automatic upgrades to improve your
Service Providers experience, although these upgrades may not be consistent
across all platform and devices. You agree to accept and to take no action to
interfere with such automatic upgrades, scanning, and related services.
You may not
sell, assign, grant a security interest in or otherwise transfer any right in
the Software or incorporate it (or any portion of it) into another product. You
may not copy the Software. 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 Software.
You may not modify the Software or use it in any way not expressly authorized
by these Terms of Use. You may not obtain the communications protocol for
accessing the Service Providers service, the Service Providers Products, or any
other Service Providers services. Finally, you may not authorize or assist any
third party to do any of the things described in this paragraph. You understand
that Service Providers’ introduction of various technologies may not be
consistent across all platforms and that the performance and features offered
by Service Providers may vary depending on your computer and other equipment.
You agree
to use install and use a paid subscription to any of the Service Providers
Products on only one device at a time. If you wish to protect multiple devices,
each requires a separate paid subscription.
Restrictions
on Access to or Use of Service Providers Products
You may access Service Providers Products only through the
interfaces and protocols provided or authorized by Service Providers. You agree
that you will not access Service Providers Products through unauthorized means,
such as unlicensed software clients. Certain Service Providers Products backup
only certain types of files. You agree not to circumvent these limitations in
any way, including but not limited to, changing file extensions or head
information.
Communications
You are responsible for obtaining your own Internet access, such
as maintaining all telephone, computer hardware and other equipment needed for
access to and use of the Service Providers Products, and all charges related
thereto. Any telephone or other communications charges incurred by you to
access Service Providers are your responsibility.
Termination
and Fair Use Policy
YOUR USE OF SERVICE PROVIDERS PRODUCTS IS SUBJECT TO SERVICE
PROVIDERS’ "TERMINATION AND FAIR USE POLICY.” THIS POLICY IS
INTENDED TO ALLOW SERVICE PROVIDERS TO DENY SERVICE TO ABUSERS. USERS WHO ARE
DEEMED TO BE "ABUSERS", IN SERVICE PROVIDERS' SOLE DISCRETION, MAY BE
NOTIFIED PRIOR TO SUSPENSION OR TERMINATION OF THEIR ACCOUNTS, HOWEVER, SERVICE
PROVIDERS RESERVE THE RIGHT TO TERMINATE OR SUSPEND SUCH ACCOUNTS WITHOUT PRIOR
NOTICE IN THE EVENT OF A POLICY VIOLATION. ANY FAILURE BY SERVICE PROVIDERS TO
ENFORCE THIS POLICY WILL NOT PRECLUDE US FROM ENFORCING IT AT ANYTIME IN THE
FUTURE, WHETHER FOR PAST OR CURRENT VIOLATIONS.
Software
Data Collection and Privacy Policy
Service Providers need to collect limited amounts of basic data
about files on your computer. None of this data is shared with third parties.
Service Providers’ software routinely scans your computer in order to
detect new, modified or deleted data files that require our software to take
further action to complete backup and restore operations. Service
Providers’ software also catalogs the number and total storage size of
various file types on your computer. Service Providers’ software inspects
file headers and related information in order to confirm that each file type is
properly represented by its file extension. Service Providers will never
examine the contents of your files for any other purpose, and no information
about a file’s content, other than its type (e.g. digital photos, word
processing document, etc.) and size, will ever be collected, tracked or stored
by Service Providers. Contents of all files are encrypted before they are
transmitted to Service Providers’ data center. By using Service Providers
Products, you expressly agree to allow Service Providers to collect and use data
as specified in their ”Software Data Collection
and Privacy Policy.”
Disclaimer
of Warranty; Limitation of Liability
DISCLAIMER OF WARRANTIES. YOUR
USE OF SERVICE PROVIDERS PRODUCTS AND SOFTWARE IS AT YOUR SOLE RISK. THE
SERVICE PROVIDERS PRODUCTS AND SOFTWARE ARE PROVIDED "AS IS,"
"WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE
LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, SERVICE PROVIDERS AND THEIR
VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICE PROVIDERS PRODUCTS AND
SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A
PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. SERVICE PROVIDERS AND THEIR
VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE PROVIDERS
PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE
SERVICE PROVIDERS PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT DEFECTS IN THE SERVICE PROVIDERS PRODUCTS AND SOFTWARE WILL BE CORRECTED.
SERVICE PROVIDERS AND THEIR VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE PROVIDERS PRODUCTS,
SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY OR OTHERWISE. SERVICE PROVIDERS PROVIDES THE SERVICE PROVIDERS
PRODUCTS AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE
THAT USERS WILL BE ABLE TO ACCESS OR USE THE SERVICE PROVIDERS PRODUCTS AT
TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT SERVICE PROVIDERS WILL HAVE
ADEQUATE CAPACITY FOR THE SERVICE PROVIDERS PRODUCTS AS A WHOLE.
LIMITATION OF LIABILITY. SERVICE PROVIDERS' ENTIRE LIABILITY
AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SERVICE PROVIDERS
(INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOFTWARE OR SERVICE PROVIDERS
PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE SERVICE PROVIDERS PRODUCTS AND
SOFTWARE. SERVICE PROVIDERS AND THEIR VENDORS SHALL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM
YOUR USE OF THE SERVICE PROVIDERS PRODUCTS, SOFTWARE OR FOR ANY OTHER CLAIM
RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH SERVICE PROVIDERS PRODUCTS
AND SOFTWARE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS,
LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR
ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SERVICE PROVIDERS HAD BEEN
ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE
THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SERVICE PROVIDERS AND
THEIR VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE
EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend, indemnify and hold harmless Service
Providers, their vendors, and their respective directors, officers, employees
and agents from and against all claims and expenses, including attorneys' fees,
arising out of your use of the Service Providers Products. Service Providers
reserves the right, at their own expense and in their sole discretion, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you. In that event, and only in such event, shall you have
no further obligation to provide indemnification for Service Providers in that matter.
Trademarks
All trademarks appearing on the Service Providers Products are
the property of their respective owners, including, without limitation,
Carbonite, Inc. and Citizens Communications Company.
Miscellaneous
The provisions of these Terms of Use addressing disclaimers of
representations and warranties, limitation of liability, indemnity obligations,
intellectual property and governing law shall survive the termination of these
Terms of Use and your registration with the Service Providers Products.
