T&C’s

Product Agreement

General

This End User License Agreement, including the Privacy Policy, Terms of Service, and Frequently Asked Questions (FAQs), which are incorporated herein by this reference and which you can access by clicking on each of the hyperlinks above (collectively, the “Terms”), are a binding contract between you and Salon Backup. (“Salon Backup”). You may print the foregoing documents using the print function in your browser. You understand and agree that by installing, accessing, or using the software, products, services, applications and associated documentation and Enhancements (collectively, the “Salon Backup Products”), you will be bound by these Terms. If you agree to these Terms on behalf of a business or organization, you represent and warrant that you have the authority to bind that business or organization to these Terms and your agreement to these Terms will be treated as the agreement of the business or organization. In that event, “you” and “your” will refer to and apply to the user of the Salon Backup Products or that business or organization, as required by the context. If you do not agree with these Terms, Salon Backup is not willing to license to you and you may not use the Salon Backup Products.

Your License

The Salon Backup Products are licensed and not sold to you. During the term of your subscription, Salon Backup grants to you a revocable, limited, non-transferable, non-exclusive license to use Salon Backup Products, solely in connection with the backup of your data. Except for the limited license granted in these Terms, Salon Backup and its licensors retain all right, title and interest in and to the Salon Backup Products, all copies thereof, and all proprietary rights therein, including copyrights, patent, trademark and trade secret rights. You may not copy or distribute Salon Backup Products, except to the extent that copying is necessary to use Salon Backup Products for the purposes set forth herein. You may not reverse engineer, decompile, disassemble, modify, or create derivative works of Salon Backup Products. You may not alter or modify any disabling mechanism which may be included in Salon Backup Products. You may not assign, sublicense, rent, timeshare, loan, lease, or otherwise transfer Salon Backup Products, or directly or indirectly permit any third party to copy Salon Backup Products. You may not remove any proprietary notices (e.g., copyright and trademark notices) from Salon Backup Products. You must reproduce the copyright and all other proprietary notices displayed on Salon Backup Products and on each permitted backup or archival copy. All use of Salon Backup Products shall be in accordance with these Terms and its then-current documentation. You shall be solely responsible for ensuring that your use of Salon Backup Products is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.

How It Works.

Salon Backup Products save a copy of each file that is automatically selected for backup and other files you designate for backup (your “Backed-up Data”) to a server operated by Amazon. Salon Backup Products automatically scan for changes or additions to the Backed-up Data and then periodically re-save a copy or a part of a modified file or create a copy of a newly designated file. For a complete list of the files Salon Backup is backing-up for you, please refer to the Salon Backup web console. You can check whether Salon Backup is backing-up specific files by going to Salon Backup Timeline located in your Computer, Web console. If you are unable to locate your file, Salon Backup is not backing-up that file. Your Backed-up Data may not be available or restorable if: (i) Salon Backup has not completed copying your selected files or changed files; (ii) for files, folders, or disk drives that are not automatically backed-up, you do not manually select them for backup, or you unselect a file for backup; (iii) you delete a person from your Salon Backup account; (iv) you move a file to a location on your computer that is not automatically scanned to select files for backup or you upgrade your operating system resulting in changes to your file mapping; (v) your computer is unable to access the internet or to Amazon s3 Storage; (vi) you fail to follow Salon Backup’s technical requirements, including upgrading the version of your Salon Backup Products as required; or (vii) you terminate your license or fail to renew your subscription to Salon Backup Products.

Enhancements and Feedback

Enhancements. Salon Backup may (i) automatically update the Salon Backup Products installed on your computer without your prior notice, (ii) upgrade, enhance, change and modify (collectively, the “Enhancements”) the Salon Backup Products, or (iii) discontinue or retire the Salon Backup Products or any aspect or feature of the Salon Backup Products, including the types of files and data that are backed-up (not every file on your computer is backed-up) or the availability of Salon Backup Products on any particular device or communications service at any time and from time-to-time in its sole discretion. Any Enhancements made available to you will be subject to these Terms. Salon Backup will use reasonable efforts to provide notice of material changes to the Salon Backup Products or changes to these Terms by posting them to Product Agreement. It is your responsibility to periodically check Salon Backup’s web site to inform yourself of any such modifications. Changes to these Terms, which may be made in Salon Backup’s sole and exclusive discretion, will be effective upon acceptance of these Terms (as described herein) for new subscriptions and effective for all existing users thirty (30) calendar days after the posting of the new Terms on Salon Backup’s web site at Product Agreement You agree to be bound to these Terms, as modified. If you do not agree to the modified Terms you are not permitted to use the Salon Backup Products and must terminate your subscription immediately.

Feedback

You may provide feedback to Salon Backup with respect to the Salon Backup Products. Salon Backup may use feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the feedback, you hereby grant Salon Backup an irrevocable, non-exclusive, perpetual, royalty free license to use the feedback in connection with Salon Backup’s business, including enhancement of the Salon Backup Products.

Term

Term and Termination. These Terms and your license to the Salon Backup Products will commence at the time and on the day you install, access, or use the Salon Backup Products, whichever is earlier. These Terms, your license and your subscription to the Salon Backup Products will automatically terminate or expire upon the earlier of (i) non-renewal, cancellation, or expiration of your subscription or your failure to pay invoices when due, (ii) Salon Backup’s discontinuance of the Salon Backup Products, or (iii) failure to comply with these Terms. If any third party makes an intellectual property infringement claim relating to the Salon Backup Products, Salon Backup reserves the right to immediately terminate your subscription to the affected Salon Backup Products. Salon Backup MAY, IN ITS SOLE DISCRETION, DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF THE Salon Backup PRODUCTS, INCLUDING SUSPENDING OR TERMINATING YOUR LICENSE AND ACCOUNT WITH Salon Backup IF YOU ARE USING THE Salon Backup PRODUCTS IN A MANNER NOT INTENDED OR IN VIOLATION OF LAW.

Effect of Non-Renewal or Termination

Upon any non-renewal, termination, or expiration of your subscription to the Salon Backup Products (i) the license granted herein will automatically and immediately terminate and you will have no further right to possess or use the Salon Backup Products, (ii) the Salon Backup Products may be disabled by Salon Backup without notice to you, and (iii) you will no longer have the right to access or retrieve your Backed-up Data. You acknowledge and agree that Salon Backup’s policy is to automatically delete all of your Backed-up Data upon non-renewal, termination, or expiration of your subscription to the Salon Backup Products and that it is solely your responsibility to seek another source for your backup needs.

Disclaimer of Warranties; Indemnification; Limitation of Liability

Salon Backup Products. THE Salon Backup PRODUCTS MAY CONTAIN OR Salon Backup MAY PROVIDE TO YOU THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING, OR YOU MAY OBTAIN THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING FROM THIRD PARTIES DIRECTLY, (“THIRD PARTY COMPONENTS”). THE Salon Backup PRODUCTS, ALL THIRD PARTY COMPONENTS AND ALL BETA SOFTWARE ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. Salon Backup AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE Salon Backup PRODUCTS, THE THIRD PARTY PRODUCTS AND ALL BETA SOFTWARE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE Salon Backup PRODUCTS. Salon Backup DOES NOT WARRANT THAT THE Salon Backup PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE Salon Backup PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE Salon Backup PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHIMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. YOU UNDERSTAND AND AGREE THAT YOUR INSTALLATION, USE AND ACCESS OF THE Salon Backup PRODUCTS, THIRD PARTY COMPONENTS AND ALL BETA SOFTWARE IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER, SOFTWARE AND THE LOSS OF BACKED-UP DATA THAT RESULTS FROM THE USE THEREOF. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Salon Backup SHALL CREATE ANY ADDITIONAL Salon Backup WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF Salon Backup’S OBLIGATIONS HEREUNDER. YOU HEREBY WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST Salon Backup AND ITS AFFILIATES, SUPPLIERS AND LICENSORS ARISING OUT OF YOUR USE OF THE Salon Backup PRODUCTS, THIRD PARTY COMPONENTS AND BETA SOFTWARE. THE Salon Backup PRODUCTS MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT Salon Backup DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEB SITES, COMPUTERS, OR NETWORKS. Salon Backup SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS.

Indemnification; Limitation of Liability

YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR CONDUCT, YOUR DATA, AND YOUR BACKED-UP DATA RELATED TO THE Salon Backup PRODUCTS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Salon Backup, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, SUPPLIERS AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE, LIABILITY AND EXPENSE (INCLUDING ATTORNEYS’ FEES, EXPERT FEES AND OUT-OF-POCKET EXPENSES) ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH YOUR BREACH OF THESE TERMS, YOUR USE OF THE Salon Backup PRODUCTS, OR YOUR BACKED-UP DATA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Salon Backup OR ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST TO PROCURE SUBSTITUTE SERVICES OR DATA, OR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY, OR ANY OTHER DAMAGES, INCLUDING DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOSS OF DATA AND BACKED-UP DATA, BUSINESS INTERRUPTION, OR LOST REVENUES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE Salon Backup PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE, OR YOUR USE OF DATA OR FILES STORED THEREIN, EVEN IF Salon Backup HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE)). IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF Salon Backup AND ITS AFFILIATES, SUPPLIERS AND LICENSORS FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) SHALL BE LIMITED TO THE LICENSE FEES PAID BY YOU TO Salon Backup IN THE 30 CALENDAR DAYS PRIOR TO THE DAMAGES ARISING. IF THE Salon Backup PRODUCTS ARE PROVIDED TO YOU WITHOUT CHARGE, THEN Salon Backup SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE AND ARE NOT INTENDED TO ESTABLISH LIQUIDATED DAMAGES.YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT SUCH LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THIS AGREEMENT AND IS AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF THE Salon Backup PRODUCTS. Some jurisdictions do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the foregoing terms may not apply to you.

Additional Terms

Privacy See Salon Backup’s Privacy Policy, which you can access by clicking Privacy Policy for information and notices concerning Salon Backup’s collection, use and security of your personal information.

Export

You shall not export, directly or indirectly, the Salon Backup Products to any country for which Australia requires an export license or other governmental approval. You shall not use the Salon Backup Products to store, backup, or distribute child pornography or other illegal files or data. You shall defend, indemnify and hold Salon Backup harmless from and against any and all damages, fines, penalties, assessments, liabilities, costs and expenses (including attorneys’ fees, expert fees and out-of-pocket expenses) arising out of any claim that you are storing child pornography or other illegal files or data, or that the Salon Backup Product was exported or otherwise shipped or transported by you in violation of applicable laws, rules and regulations.

Termination and Fair Use Policy

Salon Backup SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF Salon Backup PRODUCTS OR SERVICES TO USERS WHO ARE DEEMED BY Salon Backup TO BE USING THE Salon Backup PRODUCTS OR SERVICES IN A MANNER NOT REASONABLY INTENDED BY Salon Backup OR IN VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A USER’S ACCOUNT WITH Salon Backup AND THE LICENSE TO USE THE Salon Backup PRODUCTS OR SERVICES. Salon Backup Products or Services are designed to serve the needs of particular types of users, such as individual consumers or small businesses. If you have purchased a Salon Backup Product or Service that is inappropriate for your actual usage, for example if Salon Backup believes that you are using our service for business or commercial use, Salon Backup will require you to switch to an appropriate Salon Backup Product or Service. This may result in you having to pay Salon Backup additional fees for use of the appropriate product or to terminate your purchased Salon Backup Products or Services. For example: If Salon Backup believes that you are using our home service for business or commercial use, Salon Backup has the sole discretion to amend your service to our Business service which may require you paying additional fees or termination of your account. Salon Backup determines business use as excessive backup of media files e.g. photos or videos in excess of 500GB. Salon Backup may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of Salon Backup Products or Services and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network resources and to take such technical and other remedies as we deem appropriate. Your consumption of Salon Backup Products or Services may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of Salon Backup ‘s customers, generally. We monitor the usage of our heaviest Unlimited account users, a dynamic margin is calculated based upon averages which, should a user fall into, we may require them to cease backup or move onto a business account. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative pricing plan or Salon Backup Product or Service that will permit you to continue to use Salon Backup Products or Services. Although violations of this policy have been infrequent, we reserve the right to terminate or suspend your license to use Salon Backup Products or Services and any license to use the Salon Backup Software, without prior notice in the event of a violation of this policy. If Salon Backup believes that you are breached our Fair Use Policy and the user has not switched to a Business Service, Salon Backup will allow the user 14 days from date of first communication to retrieve their data before deletion of the users account and data. 1st notice will be sent 14 days before account deletion and 2nd notice will be sent 2 days before account deletion. All communications will be sent to the email address attached to the users account. Salon Backup has a zero tolerance policy and will immediately terminate accounts that violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, misleading, or that violates the privacy or infringes the rights of others.

General

These Terms, which incorporate the Privacy Policy , Product Agreement ,and Frequently Asked Questions (FAQs), each of which you can access by clicking on these links or navigating the tabs above, constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. In particular, if you are a current licensee of Salon Backup Products, these Terms shall supersede your existing license agreement and that agreement shall be of no further force or effect. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. As used in these Terms, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” If one or more of the provisions herein shall be held invalid, illegal, or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any subsequent default or breach. If you or Salon Backup cannot perform its obligations under these Terms because of any act of God, accident, strike, court order, fire, riot, war, failure of third party equipment, or any other cause not within the affected party’s reasonable control and that could not be avoided through the exercise of reasonable care and diligence (a “Force Majeure Event”), then the non-performing party will: (i) promptly notify the other party; (ii) take reasonable steps to resume performance as soon as possible; and (iii) not be considered in breach during the duration of the Force Majeure Event. If a Force Majeure Event continues for five (5) or more business days, Salon Backup may terminate your subscription to the Salon Backup Products and these Terms by providing written notice to you. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT. The following provisions shall survive termination or expiration of this Agreement: Account Access and Ownership; Effect of Non-Renewal or Termination; Disclaimer of Warranties; Indemnification; Limitation of Liability; Governing Law and Arbitration; and Additional Terms. Any inconsistency between these Terms in English and these terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version.

Third Party Software Credits

The following is a list of the third party software and images we have included in Salon Backups products/website. We are thankful to all individuals that have created these.

These components require that their credits are to be included on our site:

xDelta:

http://code.google.com/p/xdelta/

AlphaVSS:

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

Terms of Service

These terms of service (“Terms”) are a legal agreement between you, either an individual or a single legal entity (“You” or “you”), and  Salon Backup .  Salon Backup operates the  Salon Backup online services and are referred to in these Terms as “ Salon Backup.” These Terms govern your use of any  Salon Backup online services (“Services”), the  Salon Backup website (“Site”), the client software distributed with this Agreement and any other software provided by  Salon Backup, including any updates and any accompanying written documentation (“Software”). Collectively, the Software, the Site and the Services may be referred to as the “Products.” By clicking the “I AGREE” or similar button, or using any Products, you agree to these Terms. If you do not agree to these Terms, then do not indicate acceptance and do not use the Products. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms.

You must register with  Salon Backup to use the Services, and you agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Services.  Salon Backup Home currently offers a free personal account with limited storage capacity (“Free Account”) and various fee-bearing accounts offering larger storage capacities and other feature enhancements (“Paid Accounts”). If you sign-up for a Paid Account, you agree to pay the fixed subscription and variable usage-based fees with a 30-day money back period, if any, for the account type you have selected and agree to any applicable restrictions, including quotas on the amount of storage you are allowed to use. If you exceed any quota allocated to your account, you agree that  Salon Backup may restrict your ability to backup further data until you reduce your storage usage or upgrade your account. If you use a credit card for payment, you authorize  Salon Backup to automatically renew your subscription and charge the then-current renewal fees to the credit card associated with your account unless you notify  Salon Backup in advance that you do not want your subscription renewed.

You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your user names and accounts, including any sub-accounts. If you lose your passwords or the encryption keys for your accounts, you may not be able to access your backup data. You must notify  Salon Backup immediately of any unauthorized use of your accounts or any other security breach related to the Service. If  Salon Backup determines that a security breach has occurred or is likely to occur,  Salon Backup may suspend your accounts and require you to change your user names and passwords.

You agree that  Salon Backup’s collection, use and disclosure of your personal information, backup data or any other data will be governed by  Salon Backup’s Privacy Policy, which is incorporated into these Terms by reference.

Subject to these Terms,  Salon Backup grants you a limited, non-exclusive, non-transferable and revocable license to access the Site and use the Services and Software. You may install and use the Software in executable form only on the number and type of devices that are specified in the then-current documentation for your account type as described on the Site or as specified in other transaction documentation provided by  Salon Backup or an authorized reseller. You acknowledge that certain third party code may be provided with the Software and that the license terms accompanying that code will govern its use.

You acknowledge that  Salon Backup or third parties own all right, title and interest in and to the Products, including all intellectual property rights. Except for the license granted in these Terms,  Salon Backup and its licensors retain all rights in the Products, 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 Products;
• modify, adapt, translate or create derivative works from the Products;
• decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Products; or
• remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed in the Software or on the Site.

You are solely responsible for your conduct related to the Service and any backup data you store on the Service. You specifically agree that you will not use the Products 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.

Salon Backup respects the intellectual property of others and requires that users of the Service do the same. When you use the Products, you may not upload, store, share, display, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. In appropriate circumstances,  Salon Backup will terminate the accounts of infringers.

You agree to defend, indemnify, and hold  Salon Backup, its suppliers, resellers, partners and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, in connection with:

• your use of the Products
• your violation of these Terms;
• your violation of any third party right, including any intellectual property right; or
• any claim that use of your backup data caused damage to a third party.
• This indemnity obligation will survive the termination or expiration of your account and these Terms.

Salon Backup reserves the right at any time to modify, suspend, or discontinue providing the Service, in whole or in part, without notice. While not obligated to do so,  Salon Backup will use commercially reasonable efforts to notify you of any such action by sending you an e-mail, an in-client message or by posting relevant information on the Site.

Salon Backup reserves the right to modify these Terms at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of any Products 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 on the Site. If you do not agree to be bound by these Terms, you must stop using the Products immediately.

These Terms, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Services. You may terminate your account at any time, for any reason, by following the instructions on the Site and discontinuing use of the Products.

If you have a Paid Account,  Salon Backup may terminate your account and these Terms after (30) days and without notice if you fail to renew your subscription, fail to pay any fees or invoices when due or otherwise fail to comply with these Terms.

On termination or expiration of your account or these Terms, you will no longer have the right to continue to use the Software and the Services, and you will no longer be able to access and restore your backup data. Also, you specifically agree that  Salon Backup has no obligation to provide you or anyone else with a copy of your backup data and may automatically purge your backup data from  Salon Backup systems.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

YOU SPECIFICALLY AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  Salon Backup, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR,  Salon Backup, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTY THAT (A) THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE PRODUCTS WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE PRODUCTS WILL BE ACCURATE OR RELIABLE; AND (D) ANY DEFECTS OR ERRORS IN THE PRODUCTS WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE PRODUCTS ARE NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

YOU SPECIFICALLY AGREE THAT  Salon Backup, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY YOU ARE SEEKING DAMAGES AGAINST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS OR IN ANY WAY RELATING TO THE PRODUCTS.

IF YOU HAVE A PAID ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF  Salon Backup, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO THE AMOUNT PAID FOR THAT ACCOUNT DURING THE 30 DAY PERIOD BEFORE THE RELEVANT CLAIM. IF YOU HAVE A FREE ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF  Salon Backup, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO ONE US DOLLARS ($1). YOU SPECIFICALLY AGREE THAT THIS DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND  Salon Backup.

These Terms and the relationship between you and  Salon Backup will be governed by the laws of the Australia, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in London to resolve any dispute or claim arising from these Terms. As to intellectual property rights, you specifically agree that  Salon Backup may file an action in any jurisdiction to protect or enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.

These Terms constitute the entire agreement between you and  Salon Backup and completely replace any prior agreements between you and  Salon Backup in relation to the Products. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. The failure of  Salon Backup to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement. You agree that any claim or cause of action related to these Terms or the use of the Products must be filed within one (1) year after the cause of action arose or be forever barred.

You may not assign or transfer any of your rights or obligations under these Terms to a third party without the prior written consent of  Salon Backup.  Salon Backup may freely assign this Agreement.

Last Revised June 24, 2014 Salon Backup DMCA Policy

Salon Backup (“Salon Backup”) respects the intellectual property rights of others and expects its users to do the same.  Salon Backup will respond expeditiously to claims of copyright infringement committed using the  Salon Backup service and/or the  Salon Backup website (the “Site”) if such claims are reported to  Salon Backup’s Designated Support email identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to  Salon Backup’s Designated Copyright Agent. Upon receipt of Notice as described below,  Salon Backup will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

DMCA Notice of Alleged Infringement (“Notice”)

Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.

Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.

Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to  Salon Backup’s Designated Copyright Agent:

Copyright Agent

Salon Backup.

support@salonbackup.com

Privacy Policy

This Privacy Policy explains the practices and policies of  Salon Backup Corporation (“Salon Backup”) regarding the collection and protection of Personal Data supplied by users or collected by us from users of  Salon Backup websites, including  Salon Backup.com and Salon Backup backup services (the “Service”).

Salon Backup defines “Personal Data” as any data from which it is practical to directly determine the identity of an individual. Any capitalized terms not defined in this Privacy Policy have the meanings given in the Service’s License and Product Agreement (the “User Agreement”). This Privacy Policy may be updated by  Salon Backup from time to time.  Salon Backup will provide notice of materially significant changes to the Privacy Policy by posting notice on its websites.

By registering to use the Service, you agree (1) to comply with the terms and conditions of this Privacy Policy and (2)  Salon Backup may process (i.e., collect, use, etc.) your Personal Data as described in this Privacy Policy or the User Agreement. Personal Data may be processed by  Salon Backup in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Personal Data may be less stringent.

Personal Data

Once you register with  Salon Backup and sign in to the Service, you are not anonymous to  Salon Backup.

When registering with  Salon Backup, you provide Personal Data, which may include company name, industry, number of employees, phone number, your title, city, state, country, zip code, a user name, and a confirmed email address. When backing data up with the Service, you send us that data and you also are sending file system information, including names of files and directories.  Salon Backup may also record your IP address when you submit information.

Salon Backup also may collect, at your option, certain preference and demographic information from you.

All information collected by  Salon Backup is used for internal purposes of providing the Service, providing support to users, and to improve services. Aggregating non-identifying information supplied by users allows  Salon Backup to understand its user base and to improve services.

Salon Backup may also use your company name, logo, and feedback for marketing purposes. For example,  Salon Backup may use information you provide to contact you to further discuss your interest in our products or services and to send you information regarding  Salon Backup and its partners, such as information about promotions or events.

To protect your account information, please keep your password secure.

All Users may opt to remove their Personal Data from our live database by contacting  Salon Backup and canceling their  Salon Backup user account. Users of the  Salon Backup.com Services may also cancel their user account by logging into their account, selecting My Account, and clicking on Delete Account or request from the person who added that person to the account for removal.

Salon Backup does not intentionally gather Personal Data about visitors who are under the age of 13.

We will not sell or market the email addresses or other collected personal information of registered Users to third parties.

We will not view the files that you backup

We may view your file system information (file extensions, sizes etc. but not your file contents) to provide technical support.

You acknowledge and agree that  Salon Backup may occasionally send you administrative communications regarding your account or the Service via email.

Cookies and Passive Data Collection

Salon Backup uses cookie, IP address, and URL information to improve and further develop the Service, and to provide enhanced or geographically differentiated features and service levels to Users, where available.  Salon Backup uses cookies to save User screen names, session validations, and on Users’ browsers and hard drives, and may use them to provide tailored products and services to those Users, as they become available.

IP Addresses also help us diagnose network congestion, problems with our servers and otherwise assist in the administration and delivery of the Service to our Users.

Links to Third Party Sites

Salon Backup websites may contain links to other sites that are not under our control. These websites have their own policies regarding privacy. You should review those policies before visiting the websites. We have no responsibility for linked websites, and we provide these links solely for the convenience and information of our visitors.

Salon Backup Service Providers

Salon Backup does not disclose Personal Data to third parties, except to process credit card information for orders. However, at a future time,  Salon Backup may need to provide users’ Personal Data to other third parties to deliver specific services to the user (such as hosting services or support services). These third parties will be required to adhere to Safe Harbor Privacy Principles or at a minimum  Salon Backup will require the third party to certify they follow privacy protection equal to  Salon Backup’s. Users will also be provided with a mechanism to opt-out of having their Personal Data viewed by such third parties.

Legal Requirements

Salon Backup does not disclose Personal Data, including the data you back up with the Service, unless disclosure is necessary to comply with an enforceable government request such as a warrant.

Change of Ownership

In the event of a change in ownership, or a direct merger or acquisition with another entity, we reserve the right to transfer all of  Salon Backup User information, including Personal Data, to a separate entity. We will use commercially reasonable efforts to notify you (by posting on our website or an email to the email address you provide when you register) of any change in ownership, merger or acquisition of  Salon Backup’s assets by a third party, and you may choose to modify any of your registration information at that time.

Salon Backup uses industry standard security measures to protect against the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the information collected by  Salon Backup in a secure operating environment that is not available to the public,  Salon Backup cannot guarantee complete security. Further, while we take reasonable steps to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “crackers” from obtaining this information.

You may, at any time, choose to correct or update the information you have submitted to  Salon Backup by updating your account on our website.

If you cancel your account, your Personal Data and other information may be retained in our archive or backup records.

If you have a dispute or complaint about privacy on a  Salon Backup website, we kindly ask that you attempt first to resolve the issue directly with  Salon Backup by emailing support@ Salon Backup.com

Salon Backup reserves the right in our sole discretion to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification of this policy will be posted on  Salon Backup websites, and a User’s continued use of the Service will signify agreement to such changes.