Terms & Conditions

Cloud77, Inc. ("Cloud77", "we" or "us") provides an online back solution which will enable you to back-up your data and restore that data if lost, as well as related support services ("Service"). By using the Cloud77backup.com web site ("Site") and/or the Service, you are agreeing to be bound by the following terms and conditions ("Terms of Service").
 
Cloud77 reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk and subject to the terms set forth below.
 
Account Terms
  1. You must be 13 years or older to use this Service and open an account ("Account").
  2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. You are responsible for maintaining the security of your Account and password. Cloud77 cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You are responsible for all text, data, graphics, images, photos and video files posted on the Site ("Data") and activity that occurs under your Account (even when Data is posted by others who have access to your account).
  6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and privacy laws).
Payments and Refund Terms
  1. A valid credit card is required.
  2. The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account. In order to treat everyone equally, no exceptions will be made.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Cancellation and Termination
  1. You are solely responsible for properly canceling your account. Account cancellation requests must be submitted in writing to support@cloud77backup.com. Cancellations by phone or sent to any other email address will not be considered valid.
  2. All of your Data will be deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  4. Cloud77, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Cloud77 service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Data in your Account.
  5. Cloud77 reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
  1. Cloud77 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days- notice from us. Such notice may be provided at any time by posting the changes to the Site or the Service itself.
  3. Cloud77 shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  4. From time to time, Cloud77 may issue an update to the Cloud77 Platform which may add, modify, and/or remove features from the Platform. These updates may be pushed out automatically with little or no notice, although Cloud77 will make commercially reasonable efforts to notify you in advance of an upcoming update, including details on what the update includes.
Copyright and Content Ownership
  1. We claim no intellectual property rights over your Data. Your account and data uploaded by you remain yours.
  2. The Site and the Service, including their "look and feel" are protected by copyright, trademark, and other laws of the United States and foreign countries. Cloud77 exclusively owns all right, title and interest in and to the Site and the Service, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Site or the Service without express written permission from Cloud77.
General Conditions
  1. 1. Your use of the Service is at your sole risk. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLOUD77 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, AND USER DATA.
  2. Technical support is only available via email. The technical support email address is support@cloud77backup.com.
  3. You understand that Cloud77 uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Cloud77 service.
  5. You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Cloud77.
  6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Cloud77 customer, employee, member, or officer will result in immediate Account termination.
  7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  8. You must not transmit any worms or viruses or any code of a destructive nature.
  9. Cloud77 does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  10. You expressly understand and agree that Cloud77 shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Cloud77 has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the service.
  11. You agree to defend, indemnify, and hold Cloud77, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site or the Service; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your Application.
  12. The failure of Cloud77 to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Cloud77 and govern your use of the Service, superseding any prior agreements between you and Cloud77 (including, but not limited to, any prior versions of the Terms of Service).
  13. In no event shall Cloud77 liability to you exceed the amount actually paid to Cloud77 by you during the preceding 12 months.