Terms & Conditions

Terms of Use and Business Associate Agreement:

1. All softwares provided by Proven Backup, Inc. is on an “as is” basis with no warranties of any kind and Proven Backup, Inc. will not be liable for any damages of any kind arising from the use.Proven Backup, Inc. further disclaims all warranties, express and implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose.

2. Proven Backup, Inc. grants you a non-exclusive, non-transferable, royalty-free, limited license to use the binary form of the software provided by Prove nBackup, Inc. for personal use only. Redistribution of programs owned by Proven Backup, Inc., unless explicitly granted by Proven Backup, Inc., is strictly prohibited.

3. All content included on this site, including text, graphics, logos, button icons, images and software, is the property of Proven Backup, Inc. or its content suppliers and is protected by international copyright laws. All program used on this site is the property of Proven Backup, Inc. or its software suppliers and protected by international copyright laws. Any attempt of reverse engineering, disassembly, or decompilation of programs, unless it is explicitly permitted, is prohibited by law.

4. Proven Backup, Inc. may send notices to you via either email or regular mail. Proven Backup, Inc. may also provide notices of changes to the terms or other matters by displaying notices or links to notices to you generally on the services provided by ProvenBackup, Inc.

5. While it is not Proven Backup, Inc.'s intent to monitor your online communications, Proven Backup, Inc. reserves the right to edit or remove content that we become aware of and determine to be harmful or offensive to the general public. Termination or suspension of your account may be resulted as a consequence to the violation of this rule.

6. The integrity of this system relies on proper use of email as message passing media. The use of the email system, directly or indirect as a spamming tool, or other than it is intended, is prohibited.

7. “Proven Backup, Inc.” reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice.

8. You are expected not to use the services provided by Proven Backup, Inc. for any unlawful activities not otherwise covered above, including but not limited to, attempting to compromise the security of any networked account, a site or a country. Appropriate legal procedures will be pursued when Proven Backup, Inc. is aware of any of these activities.

9. Proven Backup, Inc. shall not be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of backup data, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if ProvenBackup, Inc. or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.

10. Users are the ones who have the knowledge of their encrypting keys. They have the sole responsibility to make sure their encrypting keys are kept in a safe and secure place. Proven Backup, Inc. shall not be liable for any damages (including damages for not able to restore backup data or the disclosure of confidential information) resulting from loss/corruption/compromise of this key.

11. I authorize Proven Backup, Inc. to charge the credit card I provided with the Total Invoice Amount listed, as well as the recurring amount each year for the renewal of my annual back up service. This recurring amount will remain the same unless my data storage requirement changes through the course of the year.

12. Proven Backup is not responsible for my backup data selections even if they assist with the installation of the software as a courtesy to their customers.

Proven Backup, Inc. respects your privacy. We assure you that we do not collect personal information from you unless you provide it to us. However, we may collect and analyse system information from your machine for customer support, troubleshooting, debugging and other software development purposes. In no circumstances shall Proven Backup, Inc. sell or provide any of this information to any other third parties.

Copyright:

Copyright © 2008 Proven Backup Incorporated. All rights reserved.
Proven Backup Incorporated hereby authorizes you to view, copy, print, and distribute the materials on this web site subject to the following conditions:

1. The materials are used for informational purposes only.

2. The materials are used for noncommercial purposes.

3. Any copy of the materials or portion thereof must include this copyright notice in its entirety.

Intellectual Property Ownership:

Proven Backup Incorporated, Proven Backup, and the Proven Backup logo are trademarks of Proven Backup Incorporated. Any product names mentioned in this web site that are the trademarks or registered trademarks of their respective owners and are mentioned for identification purposes only.

Note that any program, publication, design, product, process, software, technology, information, know-how, or idea described in this web site may be the subject of other rights, including other intellectual property rights, which are owned by Proven Backup Incorporated or other interested parties and are not licensed to you hereunder.

Disclaimer:

This web site and the information contained therein (the “Proven Backup” website) is provided by Proven Backup Incorporated and is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subjects. Accordingly, the Proven Backup Website is not intended to constitute legal, business, technical, consulting, or other professional advice or services. Before making any decision or taking any action that might affect your business, you should consult a qualified professional advisor.

THE PROVEN BACKUP WEBSITE IS PROVIDED AS IS, AND PROVEN BACKUP MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE PROVEN BACKUP WEBSITE. WITHOUT LIMITING THE FOREGOING, PROVEN BACKUP DOES NOT WARRANT THAT THE PROVEN BACKUP WEBSITE WILL BE ERROR-FREE OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. PROVEN BACKUP EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY. YOUR USE OF THE PROVEN BACKUP WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THEREOF. PROVEN BACKUP WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, RELATING TO THE USE OF THE PROVEN BACKUP WEB SITE.

If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.

Certain links in the Proven Backup Web site lead to resources maintained by third parties over whom Proven Backup has no control. Proven Backup makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources.

Proven Backup, Inc. Privacy Statement and Agreement

THIS PRIVACY STATEMENT SHALL BE DEEMED ACCEPTED UPON THE DOWNLOADING AND/OR USE OF PROVEN BACKUP, INC. (PBU) SOFTWARE.

By setting forth this privacy statement, Proven Backup, Inc. (“PBU”) demonstrates a definite commitment to privacy of our customers (“You”), and provides basic information about the information gathering and dissemination practices for this website, as follows:

By registering to use the PBU services and software, you agree (1) to comply with the terms and conditions of this Privacy Policy and (2) that PBU may process (i.e., collect, use, etc.) your Information as described in this Privacy Policy or the User Agreement. Information may be processed by PBU 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.

Information Collected

By separate EULA PBU provides registered users with services like Online Backup, Online Storage, Sharing and Collaboration, over the Internet. PBU makes such services available under a number of different subscription and payment plans. Since PBU is a web-based service, it requires the use of various information, including but not limited to, first and last names, passwords, valid email accounts, physical addresses and credit card details to process payments, and to respond to the various demands of our customers (“Information”). At a minimum, we require this information during the registration process, payment process and the termination process.

Once you register with PBU and sign in to the Service, you are not anonymous to PBU. Your user names, identities, passwords, email addresses are all visible and utilized by PBU to provide services. We may use such information to send You periodic updates on PBU and related products. To fulfill our commitment to make available the best product, we also track, collect, and maintain various additional pieces of information, as follows.

1. Session Records, including data on connection information, back up information, including the timing and size of all packets sent over the Internet, during a backup session;

2. Surveys, including mandatory member information, volunteer demographic information, to be used on an aggregate basis, for internal market research, joint research projects with other companies involved in product development.

3. File System Information, including file extensions, sizes, and other information about the actual file material being stored;

4. Cookies, including IP address, and URL information to improve and further develop the Services, and to provide enhanced features to Users, to save User screen names, session validators, and on Your browsers and hard drives, and we may use them to provide tailored products and services to those Users, as they become available.

5. Personal Data, which may include company name, industry, number of employees, phone number, your title, city, state, country, zip code, a user name, confirmed email address, and a password. We also may record your IP address when you submit information to help us to diagnose problems with our servers, to administer the Service, and to otherwise provide the Services to You.

All such records examples of the data gathered and constitutes information which may be gathered and used by PBU in the normal course of business.

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

Use of the Information Gathered

1. We will not sell or market the Information collected, unless specified herein.

2. We will not view the files that you backup using the Service; and we will endeavor to keep such data secure and private to all third parties, subject to this agreement;

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

4. All information collected by PBU is used for internal purposes of providing the Service, providing support to You, and to improve such Services.

5. If you cancel your account, your Information shall be retained in our archive and backup records.

Security and Termination

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

PBU uses standard industry 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 and stored by PBU in a secure operating environment that is not available to the public, PBU is not an insurer against loss, and cannot guarantee complete security. 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” and “hackers” from obtaining this information through intentional intervention.

Law Enforcement; Subpoenas

PBU may disclose Information, including the data you back up with the Service, with or without notice in the following limited circumstances: (a) if required by a subpoena or other judicial or administrative order, (b) where required by law, or (c) at our sole discretion, where we deem it necessary to protect the safety of any individual or the general public or to prevent violation of our User Agreement or the rights of PBU or any third party.

PBU Affiliates

PBU may share all such Information gathered herein with parent companies, affiliates, subsidiaries, joint ventures, or other companies under a common control (collectively, “affiliates”), or other companies which own a controlling stake in PBU, in which case PBU will require our affiliates to honor this Privacy Policy. 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 the Information to such third party, subject to the terms of this Privacy Agreement.

Disclosures

You should be aware that other web-sites visited before entering the PBU website might place Information within Your URL during a visit to their website, and PBU has no control over such web-sites. Accordingly, some of this information may be logged by PBU.

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

PBU does not disclose Personal Data to third parties, except to process credit card information for orders. In the future, however, PBU may need to provide Your Information to other third parties to deliver specific services (such as hosting services or support services). These third parties will be required to adhere to Safe Harbor Privacy Principles or at a minimum PBU will require the third party to certify they follow privacy protection equal to PBU's.

Complaints

If you have a dispute or complaint about privacy, we kindly ask that you attempt first to resolve the issue directly with by emailing us.

European Union Safe Harbor Privacy Principles

PBU has instituted measures and mechanisms to ensure adherence to the European Union Safe Harbor Privacy Principles. Among other requirements, adherence involves engaging an independent third party to resolve privacy disputes. If you are a European consumer and feel your privacy dispute or complaint has not been adequately resolved, the Council of Better Business Bureaus has been contracted by PBU to handle complaints that allege a failure to comply with the Safe Harbor Privacy Principles.

Revisions to this Policy

PBU 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 the PBU web-sites, and Your continued use of the Service will signify agreement to such changes.

LIMITATION OF LIABILITY AND DAMAGES: In no event will PBU be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, lost profits, revenues, sales, insurance, savings, or any other damage relating to the installation or use of the PBU Software and Services, whether or not caused by or known to PBU. The Customer shall indemnify PBU and its members, directors, officers, employees, representatives and agents and defend and hold each of them harmless from and against all losses, damages, liabilities, claims, lawsuits, proceedings, costs and expenses, including without limitation, reasonable attorneys' fees, in connection with all third party liability, lawsuits, investigations, claims or demands (collectively, the “Losses”) arising or occurring as a result of the installation and use of the Software and Services.

In the event that the Customer shall have any claims, including, but not limited to, claims for breach of contract, warranty, or strict liability under this Agreement against PBU, in contract, warranty, or tort, the sole extent of PBU's liability shall be to reimburse the Customer for up to 6 (six) months of the PBU Purchase Price, not to exceed any amounts paid to the date of such claim.

Customer also agrees that approval of this agreement also includes the approval of the below Business Associate Agreement, and replaces all terms and conditions of any prior agreements in place at the time of purchase:

BUSINESS ASSOCIATE AGREEMENT

This agreement ("Agreement") is made and entered into today by and between you, the Customer ("Covered Entity"), and Proven Backup ("PBU"), whose business address is 10 New King Street, White Plains, NY 10604.

WHEREAS, PBUis an offsite backup provider who has contracted with the Covered Entity to backup computer data; and

WHEREAS, under Sections 261 through 264 of the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104‑191, (“HIPPA” as amended), direct the Department of Health and Human Services to develop standards to protect the security, confidentiality and integrity of health information; and

WHEREAS, the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5), pursuant to Title XIII of Division A and Title IV of Division B, called the "Health Information Technology for Economic and Clinical Health" ("HITECH") Act, provides modifications to the HIPAA Security and Privacy Rule; and

WHEREAS, PBU and the Covered Entity hereby wish to enter into or have entered into an arrangement whereby PBU will provide certain computer system services to Covered Entity, with an agreement evidencing such arrangement as to any protected health information ("PHI") that may be incidentally involved in the performance of the services provided by PBU,

NOW THEREFORE IT IS HEREIN AGREED, as follows:

1.0   Definition. For purposes of this document, "Protected Health Information" means individually identifiable health information transmitted or maintained in any form or medium, including, without limitation, all information, data, documentation, and materials, including without limitation, demographic, medical and financial information, that relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual.  "Protected Health Information" includes without limitation "Electronic Protected Health Information" as defined below. The term "Electronic Protected Health Information" means Protected Health Information which is transmitted by Electronic Media (as defined in the HIPAA Security and Privacy Rule) or maintained in Electronic Media.

2.0   Obligations and Activities of PBU

2.1   With respect to all PHI, for as long as Proven Backup has access to Covered Entity's computer systems for purposes of performing its services, PBUshall use commercially reasonable efforts, and:

Not use or disclose PHI maintained by the Covered Entity, except as permitted by this Agreement or as required by Law to perform the computer services contracted for the Covered Entity;

1. Implement administrative, physical and technical safeguards to protect the confidentiality, integrity and availability of the individual PHI, as required by law;

2. Report to the Covered Entity any known impermissible release, use or disclosure of the PHI, including any known data breaches; 

3. Require any agent, including a subcontractors, to agree to the terms of this Agreement and have notice of the applicable laws and regulations;

4. At termination of this Agreement, upon request of the Covered Entity, will return or destroy all PHI received from, or created or received by PBU on behalf of the Covered Entity that PBU might maintain in any form, and retain no copies of such information.

2.2   Permitted Uses and Disclosures by PBU. Except as otherwise limited by this Agreement, PBU shall be permitted to use and disclosure such PHI or other data as may, from time to time be necessary to perform the contracted for computer and electronic data services provided by PBU in the normal course of its responsibilities, including for the proper management and administration of PBU, respond to legal process or subpoena as required by law; or to provide Data Aggregation services to Covered Entity, as permitted by 45 C.F.R. 164.504(e)(2)(i)(B).

3.0   Indemnification. Covered Entity will indemnify, hold harmless and defend PBUfrom and against any and all claims, losses, liabilities, costs and other expenses incurred as a result of, or arising directly or indirectly out of or in connection with: (i) any misrepresentation, breach of warranty or non‑fulfillment of any undertaking on the part of the Covered Entity; and (ii) any claims, demands, awards, judgments, actions and proceedings made by any person or organization arising out of or in any way connected with the Covered Entity’s liability for unauthorized disclosure of PHI.

4.0   Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one original Agreement. Facsimile signatures shall be accepted and enforceable in lieu of original signatures.