Spare backup - Spare is totally automated, completely secure
Spare is totally automated, completely secure— FREE to try for 14 days!
Only Spare backup offers the privacy of our Spare Key™ & Recovery Kit. Protect your data. Download Spare Backup right now!
File Information | | GetBackedUp.exe | | Version: 1.0 from 2005-03-07 | | Language: English | | Size: ~252 KByte | | OS: Windows2000,WinXP,Windows2003 | System requirements: P3 750 MHz ...System requirementsP3 750 MHz + w/64 MB of RAM, .Net v 1.1 |
| | Release status: New Release | Spare is totally automated, completely secure— FREE to try for 14 days! AUTOMATED, INVISIBLE BACKUP - Spare scans your computer, identifying files to be backed up for you. You don't have to do a thing. SCANNED, SCHEDULED AND CONFIRMED - Once your files are scanned, they're automatically scheduled for nightly backup. SIMPLE, FAST DATA RECOVERY - Imagine recovering a lost file without having to select it from a long, complicated directory. With Spare backup, it's easy to retrieve files all at once or one at a time. MAXIMUM SECURITY, TOTAL PRIVACY - Spare stores all your backed up files in our redundant, fully secure data locations so they're always available, should you ever need to recover your computer information. And only Spare backup offers the privacy of our Spare Key™ & Recovery Kit. Protect your data. Download Spare Backup right now! Author Information | | Company: Spare Backup Inc. | | Location: Palm Desert/USA | Program Information | | Spare backup | | Shareware EULA | | Price: $15.97 m 2G USD (buy) | | Trial limits: 14 Days | | PAD file | Screenshot | Other Information | | Record from: 2005-04-19 | Rating:  |
EULA License InformationSpare backup™ User Terms and Conditions and End User License Agreement:
Welcome to the Spare backup™ website (the "Website"), where your critical files and data are stored safely and securely, every day ("Service" or "Services").
The Service provided by Spare backup Inc. and/or its subsidiaries and affiliates ("SBI") through the Website and the use of the Website and the Services are governed by these Terms and Conditions (the "Terms and Conditions"). By accessing or using the Services or the Website, you ("User" or "you") agree that (1) you have read and familiarized yourself with the Terms and Conditions, (2) you understand the Terms and Conditions, and (3) you are bound by the Terms and Conditions in your use of the Services and the Website. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES OR THE WEBSITE. YOUR USE OF THE SERVICES AND THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. The Terms and Conditions constitute the entire agreement (the "Agreement") between SBI and User regarding its subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.
Changes to Services, Website and Terms and Conditions. User acknowledges and agrees that SBI may change, modify, amend, suspend or discontinue any aspect of the Services, including its pricing, or the Website, at any time, without notice and without liability to User or to any third party. SBI reserves the right to impose limits on certain features of the Services or the Website, at any time, without notice and without liability to User or to any third party.
Further, User acknowledges and agrees that SBI may amend any or all of the Terms and Conditions (including fees and rules) at any time, at SBI's sole discretion, without notice. Any amendment of the Terms and Conditions will be reflected on the Website. User is encouraged periodically to review the Terms and Conditions posted on the Website. Use of the Services and the Website constitutes acceptance of the Terms and Conditions, including any amendments thereto. The Terms and Conditions were last revised on March 6, 2005.
Registration and Eligibility. The Services and the Website are only available to persons with the legal capacity to enter into this Agreement. SBI may, at its sole and absolute discretion, refuse to accept a person's (or entity's) registration, and may, at any time after accepting registration, refuse to permit a person's (or entity's) continuing use of the Services and the Website for any reason or no reason at all.
Password and Security. After you register to use the Services or the Website, you will be prompted to select a User name and a User password. Then, the installation program will generate a unique Data Encryption Key number for your use in securing your stored data. For your security, SBI may send a copy of your Data Encryption Key to a third-party vendor (the "Key Manager"). You must have the Data Encryption Key in order to retrieve your information and data stored with SBI. User is solely responsible for maintaining the confidentiality of its User name, User password and Data Encryption Key, and agrees to use the Services and the Website at User's sole risk and responsibility. To retrieve a lost User Name, Password or Data Encryption Key number, please see the FAQs posted on the Website at http://www.sparebackup.com/Site1/support.aspx. User agrees that it shall immediately notify SBI in writing or by electronic mail of any unauthorized use of its User name, User password or Data Encryption Key. Further, User acknowledges that SBI will not maintain copies of User's Data Encryption Key and that the third party Key Manager is not affiliated in any way with SBI. As such, User acknowledges and agrees that SBI will have no liability or responsibility whatsoever for any damages or losses caused or alleged to have been caused by the Key Manager.
User Information. User will provide information to SBI during the registration process (the "User Information"). User represents and warrants: (1) that all User Information is accurate and complete at the time of registration, and (2) that User information will be continuously updated such that the User Information shall at all times be current, accurate, and complete.
Privacy Statement. The terms of the SBI Privacy Statement, as it may be amended from time to time in SBI's sole discretion, are incorporated by reference into these Terms and Conditions. User is encouraged periodically to review the SBI Privacy Statement posted on the Website at http://www.sparebackup.com/Site1/privacy.aspx.
Software License Grant. In order to use the Services, you will be required to download certain enabling software, which may include certain third party software (the "Software"). SBI grants to you a perpetual (subject to the section entitled "Termination" below and these Terms and Conditions), nonexclusive, non-transferable license to install and use the Software solely for your use of the Services. In addition, you agree to comply with any applicable third party's license terms with respect to any required third party software. The Software may only be reproduced, installed and used on the number of computers and clients for which you have licensed and paid, as set forth in these Terms and Conditions. You may make one (1) copy of the Software for back-up purposes; otherwise, you may not reproduce any part of the Software. You shall not: (1) cause or permit any reverse engineering, decompilation, modification, adaptation, translation or disassembly of the Software, or create any derivative works based on the Software or the Services; (2) sell, rent, lease, timeshare, lend, sublicense, distribute, assign or otherwise transfer any rights in the Software or under this Agreement without SBI's prior written consent; or (3) disclose results of any benchmark tests of any Software to any third party without SBI's prior written consent.
Service Fees. SBI will provide the Services free of charge for an initial 14-day trial period. After the expiration of that trial period, you authorize SBI to bill your credit card automatically for use of the Services at the published rate applicable to the subscription plan you order. Visit our website at http://www.sparebackup.com/Site1/pricing.aspx for more information about the Services, subscription plans and pricing information.
Monthly Plan: You acknowledge that your subscription and fees are collected on a monthly basis. Your subscription will automatically be renewed at the current monthly pricing plan and your credit card will be billed by SBI in advance for the next month of service unless another plan is selected or you cancel your subscription prior to the beginning of the next billing cycle.
Yearly Plan: You acknowledge that you have subscribed to a twelve (12) month term of the Services, and that SBI will charge your credit card for the annual fee one (1) time for the twelve (12) month term in advance of the term. At the end of your term, your subscription will automatically be renewed for another twelve (12) month term at the then-current annual pricing plan, and your credit card will be charged by SBI for the new twelve (12) month term unless another plan is selected or you cancel your subscription prior to the beginning of the next billing cycle. In the event that you cancel or terminate the Services anytime during a twelve (12) month term, you acknowledge and agree that any remaining balance will be forfeited and no refund will be provided. However, if you decide to upgrade to a more expensive subscription plan during the term of your annual subscription period, we will give you a credit toward your new plan for any prepaid fees from your current plan.
Promotional Plans: You acknowledge that your subscription and fees are on based on the current promotional plan you have selected. Your subscription will automatically be renewed at the current monthly pricing plan and your credit card will be billed by SBI for the next month of service unless another plan is selected or you cancel your subscription prior to the beginning of the next billing cycle.
In the event that SBI is forced to collect any unpaid amounts owed to SBI, you agree to pay all costs of collection, including, but not limited to, attorney's fees.
Credit Card Charges; Authorization. Depending on the subscription plan you have chosen, you authorize a recurring monthly or annual charge to your credit card in exchange for your use of the Services, based on SBI's then current fee schedule for the Services, which may be amended from time to time in SBI's sole discretion. If your use of the Services exceeds the limits of your chosen service plan in any given period, you will be upgraded to the next applicable service level and your account will be charged accordingly. Unless the Services are terminated by User or SBI as set forth in these Terms and Conditions, when your subscription is automatically renewed for the next service period, any applicable fee changes will be applied to your account for that next period.
Software Limited Warranty; Warranty Disclaimers. SBI WARRANTS FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF DOWNLOAD BY YOU, THAT THE SOFTWARE, IF USED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, WILL BE FREE OF DEFECTS AND WILL PERFORM SUBSTANTIALLY THE FUNCTIONS DESCRIBED HEREIN. EXCEPT AS SET FORTH ABOVE, SBI DOES NOT WARRANT THAT THE SOFTWARE WILL WORK IN COMBINATION WITH OTHER PRODUCTS USED BY YOU, THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE OR THE WEBISTE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE, OR THAT ALL SOFTWARE OR WEBSITE ERRORS WILL BE CORRECTED. If you report a Software error which represents a failure of this warranty, SBI will, at its option, (i) correct or provide a reasonable workaround for the error; (ii) provide a replacement of the Software which complies with the warranty; or (iii) upon return of the Software to SBI, refund the subscription fees you prepaid.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, SBI MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. The limited warranties in this section shall not apply to any defects which are caused by (i) modifications of the Software made by any party other than SBI; (ii) a failure of your hardware or other software to function normally in conjunction with the Software where such failure is not directly caused by the Software; or (iii) your failure to use the Software according to SBI's specifications and these Terms. The remedies set forth in this section are your sole and exclusive remedies, and SBI's sole and exclusive liability, for any breach of the limited warranties provided in these Terms and Conditions.
Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on the length of an implied warranty, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to thirty (30) days. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. For further warranty information, contact SBI at sales@sparebackup.com.
Software Upgrades. Upon payment by you of any applicable fees, and as long as your account remains current, SBI will provide you with new releases, enhancements, or updates of the Software, in accordance with these Terms and Conditions.
Security of Stored Information. SBI will use reasonable efforts to prevent the unauthorized disclosure of your stored information and data; however, no system of security is impenetrable. SBI will not seek to decrypt your data. However, SBI will not be responsible for any matter beyond its reasonable control, including, without limitation, unauthorized access to your information or data and/or functions provided or performed by third parties. In the event that SBI is served a subpoena or is otherwise legally compelled to provide access to your stored information, SBI will use reasonable efforts to provide you with notice of the same (as provided below) as soon as reasonably practical to enable you to take any action you deem necessary to prevent such access, all at your sole expense and without SBI's cooperation or assistance.
User Obligations Regarding Stored Information. You are solely responsible for (1) obtaining sufficient rights to the content of all data and files stored by you on SBI's servers, (2) ensuring that such content does not include any illegal or improper items and complies in all respects with these Terms and Conditions, (3) ensuring that your use of the Services and this Website do not infringe or violate any third party's copyright, patent, trademark, trade secret, license or other proprietary rights. SBI normally does not review, inspect, edit or monitor any content, data or files stored by you or any other user of the Services, (4) ensuring that your computer hardware and software are sufficient to enable use of the Services, and (5) designating manually any data and files you wished to be stored on SBI's servers, including but not limited to any "unique" applications and data (by default SBI only backs up data from the most popularly installed applications and it is User's responsibility to review and modify the files and programs selected for backup). User acknowledges that SBI may not detect all of User's important and unique data and therefore agrees manually to confirm all back up requests. For questions regarding storage and backup limitations, please see our FAQ section, posted on the Website at http://www.sparebackup.com/Site1/support.aspx. If SBI suspects that an account is being used for storage and distribution of any illegal or improper material, such as copyrighted content, or for some other improper purpose, then SBI reserves the right to examine the content of your storage account. SBI reserves the right to refuse, remove or disable access to any data or files stored on SBI's servers that SBI learns may be illegal, may violate the Terms and Conditions, or may violate the rights of any third party or otherwise may be reasonably objectionable.
Limitations on use of the Services. You may not use the Services or the Website for any illegal or improper purpose. SBI is NOT a service for storing and disseminating large amounts of data to other recipients. It is simply an online storage and backup service for files and data designated by you. SBI may use automated procedures to detect unacceptable or suspicious levels of usage and may immediately disable offending User accounts, and the process of detection may vary from time to time, based on the misuse detected. SBI is not responsible for any business interruptions that may be caused due to this process.
User Conduct. User is solely responsible for any and all conduct occurs and the content of all information stored or retrieved under its User name and password. User represents, warrants and covenants that its use of the Services and the Website shall not: (1) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation; (2) export or re-export the Software, Services and/or any User information outside of the jurisdiction in which you obtained it without the appropriate United States or foreign government licenses (export controls prohibit the Software from being downloaded or exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nations or the United States Commerce Department's Table of Denial Orders. By restoring or using the Software, you are agreeing to the foregoing provisions and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list); (3) interfere with or disrupt computer networks connected to the Service or the Website, including but not limited to storing any information which contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (4) impersonate any other person or entity, or make any misrepresentation as to User's employment by or affiliation with any other person or entity; (5) forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information; (6) upload, post, transmit, publish, or distribute any material or information for which User does not have all necessary rights and licenses; (7) upload, post, transmit, publish, or distribute any material which infringes, violates, breaches or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (8) interfere with or disrupt the use of the Services or the Website by any other User, nor "stalk", threaten, or in any manner harass another User; (9) upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, unsolicited communications, or offers for any "investment opportunities"; (10) upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Services, the Website, or that of other computer systems; (11) use the Services or the Website in such a manner as to gain unauthorized entry or access to the computer systems of others; (12) upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law; (13) upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable in any manner whatsoever; or (14) reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Services or the Website, or any component thereof (including, but not limited to any materials or information accessible through the Website).
Termination. SBI expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Services and the Website by any person or entity, at the sole discretion of SBI, for any reason or no reason at all, and without prior notice. You may terminate the Services at any time with or without cause by giving notice of such termination to SBI as provided in these Terms and Conditions. If your credit card is declined for any reason, you commit fraud or engage in any other dishonest conduct, or if you dispute or refuse to pay a SBI charge for any reason, such matters will be considered a material breach of these Terms and Conditions, and SBI may terminate your account immediately, without notice or liability to you.
Disposition of Stored Information Post-Termination. You understand that all data stored by SBI on your behalf under this Agreement shall be deleted 14 calendar days from the date the Agreement is terminated (the "Termination Period"). However, prior to the effective date of such termination, you should endeavor to remove all of your stored files and data from SBI's servers and/or to cure any breach of these Terms and Conditions, in which case SBI may reinstate your account in its sole discretion. SBI may destroy any of your stored data and files that are not removed from SBI's servers within the Termination Period and/or SBI may limit or preclude your ability to retrieve or restore data and files stored on SBI's servers until you comply with these Terms and Conditions and bring your account current, all in SBI's sole and absolute discretion. YOU ACKNOWLEDGE AND UNDERSTAND THAT SBI RESERVES THE RIGHT TO DESTROY ALL OF USER'S DATA AND FILES IMMEDIATELY ON THE EXPIRATION OF THE TERMINATION PERIOD WITH NO LIABILITY TO USER WHATSOEVER. By using the Software you are agreeing to release SBI from any and all liability, claims and damages due to lost or stolen data whether or not you request a data copy.
Links to Third Parties. The Services and the Website may provide links to the websites or services of others ("Third-Party Sites"). Links to such Third-Party Sites do not constitute an endorsement by SBI of such Third-Party Sites, or the products, content, materials or information presented or made available by such Third-Party Sites. User acknowledges and agrees that SBI is not responsible for any damages or losses caused or alleged to have been caused by the use of any Third-Party Sites, or from the products, content, material, services or information presented by or made available through such Third-Party Sites.
Downloading Information/Material. User hereby releases SBI, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns from any and all actual or alleged damages which may result from User downloading any information or materials from the Website.
Choice of Law; Consent to Jurisdiction. This Agreement, and all questions with respect to the interpretation of this Agreement, shall be governed by and construed in accordance with the internal laws of the State of California, without regard for conflict of laws provisions. User expressly consents to personal and exclusive jurisdiction in the courts of the State of California located in Riverside County. The United Nations Convention on Contracts for the International Sale of Goods, and any successor treaties, will not govern this Agreement.
Indemnification. By using this Website and/or the Services you agree to defend, indemnify, and hold harmless SBI, its licensors and their respective officers, directors, employees, contractors and agents from all liabilities, damages, losses, costs, claims, and expenses, including attorney's fees, that arise from: (a) any content transmitted by you or any user of your account; or (b) any use or misuse of the Services or this Website by you or any user of your account. SBI reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with SBI in any reasonable way, including asserting any available defenses.
International Use. Recognizing the global nature of the Internet, SBI makes no representation that the Services or the materials on this Website are appropriate or available for use in locations outside the United States, and accessing such materials from or distributing such materials to territories where their content is illegal is strictly prohibited. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. You may not remove or export from the United States or allow the export or re-export of any software, documentations or other technology owned by SBI or its licensors in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control or an other United States or foreign agency or authority. As defined in FAR Section 2.101, all software and documentation licensed in connection with the Services are "commercial items" and according to DFAR Section 252.227-7041(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Any use, duplication, or disclosure of such software or documentation by the Government is subject to restrictions as set forth in subparagraph (b)(3) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as amended and as applicable, or any successor regulations thereto. Manufacturer is SBI 73200 El Paseo, Suite 250, Palm Desert, California 92260.
Releases. User agrees to release SBI, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (the "Released Parties"), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys' fees, which User may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute. User waives its rights under Section 1542 of the California Civil Code, and any similar law of any applicable jurisdiction, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." User agrees that no joint venture, partnership, employment, or other agency relationship exists between User and SBI as a result of these Terms and Conditions or its use of the Services or the Website.
Limitation of Liability. IN NO EVENT WILL SBI, ITS RESELLERS, DISTRIBUTORS, AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WHICH EXCEEDS THE AMOUNTS PAID BY USER TO SBI, IF ANY, FOR THE SERVICES FOR THE TWELVE MONTH PERIOD (IF PAYING ANNUALLY) OR THE ONE MONTH PERIOD (IF PAYING MONTHLY) PRECEDING THE EVENT FORMING THE BASIS OF THE CLAIM. IN NO EVENT WILL SBI NOR ANYONE ELSE INVOLVED IN CREATING, DELIVERING OR MAINTAINING THE SERVICE BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES RELATED TO BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR LOSS OF PROFITS ARISING OUT OF USER'S USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICES, OR OUT OF ANY BREACH OF WARRANTY, EVEN IF SBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notices. Notices shall be given:
To SBI: To be valid, notices must be sent by email (to legal@sparebackup.com) and by certified mail, return receipt requested, to Spare backup Inc.; Attention: Legal Department; 73061 El Paseo, Suite 205, Palm Desert, California, 92606 or to such other address as may be designated by SBI from time to time.
To User: Notices to User will be sent by email at the email address reflected in User's registration information.
Notices to User shall be deemed to have been received 24 hours after the email is sent. Notices to SBI shall be deemed to have been given three days after the date of mailing by certified mail, return receipt requested.
Assignability. SBI shall be entitled to assign this Agreement or any of its rights under this Agreement in its sole discretion. User shall not be entitled to assign, sublease, sublicense, sell, offer for sale, encumber or otherwise transfer or dispose of its rights under this Agreement, in whole or in part, without SBI's prior written consent.
Waiver. The failure of SBI to exercise or enforce any right or provision of this Agreement will not deemed a waiver of such right or provision.
Marketing and Publicity. You agree that SBI may use your name in its customer list to include, but not be limited to, posting to the Website, financial reports and prospectuses identifying you as a customer. Your account must be in good standing with SBI to remain listed. From time to time, SBI announces its business relationship with certain customers. If SBI wishes to announce its relationship with you, you will have an opportunity to review and approve any such announcement prior to issuance. Your approval shall not be unreasonably withheld, delayed or conditioned.
Miscellaneous. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future law effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms and Conditions. A party will not be liable for nonperformance or delay in performance (other than with respect to payment obligations) caused by any event reasonably beyond the control of such party, including, but not limited to, acts of war (declared or undeclared), Acts of God, acts of terrorism, fire, strike, labor difficulties, acts or omissions of any governmental authority or of another party, compliance with government regulations, insurrection or riot.
Ownership of Intellectual Property. All trademarks, service marks, logos, and company names (each a "Mark") used in this Website are the property of SBI, GrassRoots Communications, Inc., Newport International Group, Inc. or third parties and are and shall remain the property of SBI, GrassRoots Communications, Inc., Newport International Group, Inc. and such third parties. Nothing contained in the Website shall be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Website without the written permission of SBI or such third party that may own the Mark displayed on the Website. Your use of any Mark displayed on the Website is strictly prohibited.
You further acknowledge and agree that all other content and materials available on this Website, including the Software, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.
© 2005 Spare backup Inc. All rights reserved.
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