Terms & Conditions - Backup Assistant Plus

Terms & Conditions - Backup Assistant Plus

BACKUP ASSISTANTsm PLUS TERMS AND CONDITIONS

Your use of Backup Assistant Plus (the "Service"), which includes any content you purchase, subscribe to, sync, upload, download, stream, preview, store, share or otherwise access through the Service ("Content"), as well as any email or other messaging, is subject to your Customer Agreement Terms and Conditions, Backup Assistant Terms and Conditions, the Verizon Wireless Privacy Principles, the My Verizon Terms and Conditions, and the Verizon Wireless Website Use Terms and Conditions (each of which can be found at verizonwireless.com), your Calling Plan, the End User License Agreement for the Content features of the Service (which can be found at verizonwireless.com),and the following terms of use (the "Agreement"). Please visit www.verizonwireless.com/baplus for information about supported devices and other technical requirements and limitations for the Service.  In the event of any conflict between this Agreement and your Customer Agreement or Calling Plan, this Agreement will control solely with respect to the subject matter addressed herein. Do not use the Service if you do not agree to be bound by this Agreement.

MEDIA FEATURES AND CAPABILITIES

About the Service. The Service and the online storage feature are being provided to you to permit you to store, manage and access Content you have created or that you have the right to access and copy on multiple platforms. You shall be solely responsible for the Content you upload and the consequences of uploading or submitting such Content. You understand that Verizon Wireless does not control or endorse the Content that you upload or submit to the Service. Any Content identified as copyrighted will not be available for sharing with others, and Verizon Wireless reserves the right to disable sharing capability for any user-generated Content, in its sole and absolute discretion.

You understand and agree that certain aspects of the Service will provide access to Internet websites owned and maintained by third parties. You understand and agree these third party websites provide services and offerings subject to terms of use for those sites ("website TOU") and when accessing or using the services and offerings of these websites, you are bound by the notices, terms and conditions in these website TOU and other applicable policies as set forth herein. You understand that Verizon Wireless has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Verizon Wireless will not and cannot censor or edit the content of any third-party website. By accessing such third party websites you expressly release and waive Verizon Wireless and its affiliates from any and all liability arising from your use of any such third-party website.

Licenses. In connection with the Service, we will provide to you, via download, CD, or other media or delivery method, software that is owned by Verizon Wireless, its affiliates or third-party licensors ("Software"). We reserve the right to update or change the Software from time to time and you shall cooperate in performing such steps as may be necessary to install any updates or changes to the Software. Your failure to do so is your responsibility and may affect your Service and/or use of the Software. You may use the Software only as part of, or for use with, the Service and for no other purpose.

Subject to the terms and conditions of this Agreement, Verizon Wireless grants you a limited, non-exclusive, non-transferable license to use the Service, the Software and Content solely for your personal, non-commercial, entertainment use. You understand and acknowledge that your rights with respect to Content are limited by copyright law. All rights regarding use of the Service, Software and Content not expressly granted in this Agreement are reserved by Verizon Wireless and/or any third-party licensors.  However, you retain all of your ownership rights in Content that you create yourself.

Your use of the Software, including its individual components, is governed by the terms of any applicable license disclosures and/or agreement(s) for the Software and by this Agreement. Copies of the applicable license disclosures and/or agreements for the Software are available at www.verizonwireless.com/baplus/licensing . By your installation or use of the Software or any portion thereof, you agree that you have read and understood, and will comply with, the terms and conditions of the applicable license disclosures and/or agreement(s).

The Software may contain programming, scripts, tools, modules, libraries, components, or other items that were developed using "open source" code (the "Open Source Software"). All Open Source Software is provided to you under one or more open source license agreements (the "Open Source Licenses"). The individual Open Source Licenses contain important information concerning ownership, terms of use, and rights/limitations/restrictions for the applicable element of the Open Source Software. Copies of the Open Source Licenses are available at www.verizonwireless.com/baplus/licensing . Additional information about the Open Source Software, including source code, dates of modification and/or instructions for accessing, downloading, using and/or copying the source code for the Open Source Software are also set forth at www.verizonwireless.com/baplus/licensing . By obtaining, accessing, downloading and/or using the Software or the Open Source Software, you agree that you have read, and understood, and will comply with, the terms and conditions of the applicable Open Source Licenses.

You hereby grant a non-exclusive, fully-paid and royalty-free, sublicensable, assignable, irrevocable worldwide license to Verizon Wireless to provide all facilities, to enable those facilities to take all actions, and itself to take all actions, with respect to Content that may be necessary or reasonable to provide or to facilitate the provision of the Service, pursuant to any current and future patents, copyrights and trademarks owned or licensable by you to the extent necessary for Verizon Wireless to exercise any license right granted herein. This includes, without limitation:

  • storing and retrieving the Content;
  • making the Content available to you;
  • conforming to connecting networks' technical requirements;
  • transcoding User Content into a viewable or otherwise appropriately perceptible format; and
  • conforming to the limitations and terms of My Verizon.

 Restrictions. Except as applicable to Open Source Software ,you agree that you will not attempt to modify any Software or Content (other than pictures, video or audio files that you generate yourself or otherwise own as set forth in the Your Warranties and Representations section below) obtained through the Service for any reason whatsoever, including for the purpose of creating a ring tone or disguising or changing ownership or source (including without limitation, falsifying or deleting author attributions, legal or other proper notices or proprietary designations indicating the origin or source of information that is uploaded or downloaded from the Service or used in any materials and information submitted by you, in any form) of the Content. You agree to follow all rules and policies applicable to the Service, including required or automated updates, modifications and/or reinstallations of Software and obtaining available patches to address security, interoperability and/or performance issues. You also agree: (i) to comply with all applicable laws, rules (including, without limitation, the Verizon Wireless Privacy Principles, the My Verizon Terms and Conditions and the Verizon Wireless Website Use Terms and Conditions, each of which can be found at verizonwireless.com) and regulations when using Content or the Service; (ii) except as applicable to Open Source Software not to reverse engineer, decompile, disassemble, attempt to derive source code from the Software, or otherwise tamper with or modify any security features or other Service components for any reason (or help anyone else to do so).

Verizon Wireless has no obligation to screen or monitor the Service, any Content or any other materials and information, in any form, submitted by you; however, Verizon Wireless reserves the right to review information or materials uploaded to the Service or used in any materials and information, in any form, and to remove any such information or materials in its sole discretion, regardless of whether such material does or does not violate this Agreement or any Verizon Wireless policies, guidelines, or other codes of conduct which are applicable to the Service.

Digital Rights Management. Certain Content offered through the Service is protected by Windows Media® or other digital rights management technology ("DRM Content"), so that the intellectual property rights, including copyright, of any licensors are not misappropriated. Your rights regarding such DRM Content are limited by copyright law and the Usage Rules, which may be changed at any time without prior notice. The following Usage Rules (assigned by Verizon Wireless and/or any licensors) limit your use of DRM Content, even if unauthorized rules have been associated with the DRM Content by someone else. These rules are general guidelines, subject to change without notice, and may vary by licensor. Subject to all other Service terms and conditions, you may play DRM Content an unlimited number of times on an authorized PC or device; burn purchased DRM Content to compact disc ("CD") five (5) times per song. Your phone uses specific software to play DRM Content ("DRM Software"). Use or distribution of Windows Media DRM Software outside of the Service is prohibited without a license from Microsoft or an authorized Microsoft subsidiary. If the security of your phone's Windows Media DRM Software is compromised, licensors may request Microsoft, and Microsoft may require Verizon Wireless, to revoke your ability to acquire new licenses to copy, display and/or play DRM Content without notice. Revocation does not alter the ability to play unprotected content. A list of revoked DRM Software is sent to your phone whenever you download a license for Windows Media DRM Content. Microsoft may, in conjunction with such license, also download revocation lists onto your phone on behalf of licensors. Verizon Wireless may enforce these rules for itself and any licensors.

EMAIL AND MESSAGING FEATURES AND CAPABILITIES

Mail Retention Policy . The following rules apply to the retention on compatible wireless phones of e-mails aggregated from ISP e-mail accounts. The Backup Assistant Plus Web Portal will no longer support email storage.

.          All e-mail will be retained indefinitely as long as you do not exceed the maximum storage quota (currently 2 Gigabytes) for your mailbox.

.          All e-mail in the trash folder will be deleted after 7 days.

If the Backup Assistant Plus account is cancelled, but you do not cancel your Verizon Wireless service, then the following will occur:

.          All connections to ISPs will be removed.

.          All e-mail messages associated with ISPs will be deleted.

.          Contacts and ISP account settings will be associated with a Backup Assistant Plus account and can be accessed via the Backup Assistant Plus web interface.


Limitations on Sending Messages. The following limits apply with respect to the sending of messages from the Backup Assistant Plus website. These rules are in place in order to help fight spam (i.e., unsolicited e-mail).

  • You may not send an SMS or MMS message to more than 20 recipients from the Backup Assistant Plus website.
  • SMS/MMS groups created on the Backup Assistant Plus website may not include more than 50 contacts.
  • You may not include more than 128 recipients in a single e-mail. Messages will not be sent to any recipients in excess of 128. 
  • The only SMS and MMS messages that will be shown on the Backup Assistant Plus website are those sent from or received at the Backup Assistant Plus website.

The Verizon Wireless Unsolicited Bulk E-Mail Policy. Verizon Wireless specifically does not authorize the use of its proprietary computers, servers, routers and computer network (the "Verizon Wireless Network") to accept, transmit or distribute unsolicited bulk e-mail sent from the Internet to Verizon Wireless subscribers (or to others). It is also a violation of Verizon Wireless policy, and the law, to send email or cause e-mail that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing to be sent to, or through, the Verizon Wireless Network. Verizon Wireless considers such e-mail to be unlawful and a violation of our policy, and any attempt to send or cause such e-mail to be sent to, or through, the Verizon Wireless Network is unauthorized. Moreover, any e-mail relayed from a third party's mail servers without the permission of that third party, or any e-mail that hides or obscures, or attempts to hide or obscure, the source of an e-mail, also constitutes an unauthorized use of the Verizon Wireless Network. E-mail sent or caused to be sent to the Verizon Wireless Network that violates your agreement with Verizon Wireless is also unauthorized, nor does Verizon Wireless authorize the harvesting or collection of screen names from the Service for the purpose of sending unsolicited e-mail. Any such action also constitutes violation of Verizon Wireless policy.

Limitations on Sending E-mail. Verizon Wireless reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from originating from, entering, utilizing or remaining within the Verizon Wireless Network. Such action may include, without limitation, the use of filters or other network devices to scan e-mail transmitted from or to the Verizon Wireless Network, immediate termination of Wireless service, and prosecution of offenders through criminal or civil proceedings. Nothing in this policy shall be construed to grant any right to transmit or send e-mail to, or through, the Verizon Wireless Network, and in no event shall any failure by Verizon Wireless to enforce this policy constitute a waiver of Verizon Wireless rights.

Unauthorized use of the Verizon Wireless Network in connection with the transmission of unsolicited bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.); and various state laws, including the Virginia Computer Crimes Act (Va. Code Ann. § 18.2-152.2 et seq.) (as amended).

Other Limitations on the Service. The maximum storage space for each Backup Assistant Plus wireless device Inbox is 2GB. Functionalities such as send/forward/receive text/picture/video/email messages and contact/email synchronization will not work when the storage utilization exceeds 2GB.

Complete two-way synching of email on wireless devices is only supported for Yahoo!® Mail, AOL Mail and Microsoft® Windows Live® Hotmail®. To use your wireless phone for synching, you must have a Backup Assistant Plus-compatible phone and an active Backup Assistant Plus Account. GoogleTM  GmailTM storage will only be maintained for users who already have an existing sync point on their Backup Assistant Plus- capable wireless device. 

When configuring the synching of email for wireless devices, emails from the previous thirty (30) days will be retrieved for Google Gmail (subject to the limitations in the immediately preceding sentence), AOL Mail, Yahoo! Mail.For Microsoft Windows Live Hotmail, the lesser of the previous fifty (50) emails or emails from the previous thirty (30) days will be retrieved.

 The Backup Assistant Plus web portal can be used to set up and save ISP account information (User I.D./email address/password), save contacts, and compose and send email, SMS and MMS messages, but email and message storage will no longer be supported..

If email accounts are first added on the Backup Assistant Plus website and a Backup Assistant Plus- compatible wireless device then is configured, all such email accounts also will be accessible on that device. However, if another email account then is added on the Backup Assistant Plus website, that account cannot be accessed on the device.

 

If a user initially sets up an email sync point from a Backup Assistant Plus- compatible wireless device, then the user will only be able to gain web access to his/her contacts via the Backup Assistant Plus website. Web access to contacts via the Backup Assistant Plus website will no longer be available for such users.

GENERAL TERMS AND CONDITIONS

 Your Representations and Warranties. You represent, warrant and agree that: (i) you are the account owner for the mobile telephone number used to access the Service; (ii) you are using the Service for your own personal, noncommercial entertainment use; (iii) you will not redistribute, rebroadcast, publicly perform, or publicly display any Content or otherwise transfer any copies of Content, obtained through the Service or otherwise make use of the Content in any way that would infringe any copyright therein or violate any laws, rules or regulations applicable to such Content; (iv) you own or have the necessary licenses, rights, consents, and permissions (including but not limited to patent, trademark, trade secret, copyright, rights of publicity and privacy and other proprietary rights): (a) to upload such Content to Backup Assistant Plus and to permit access to such Content by other users within your Account, and (b) to permit Verizon Wireless to fully provide the facilities for the Service, and to exercise the license in the Content granted by you herein; (v) the inclusion of your Content and use of Backup Assistant Plus functionality to store and provide access to your Content and exercise by Verizon Wireless of the license granted by you herein will not violate or infringe upon the trademark, trade name, copyright, right of privacy or publicity, property rights, or any other proprietary rights of any person or entity.

Indemnification. You agree to indemnify and hold harmless Verizon Wireless, its parents, subsidiaries, affiliates, officers, employees, licensors, contractors and users from and against any and all losses, damages, and/or costs, including reasonable attorneys' fees and expenses, that arise or relate in whole or in part to: (i) your breach of your representations and warranties; (ii) any claim that your use of Content infringes or otherwise violates any applicable laws, rules or regulations, or any third party's intellectual property or other rights, including, without limitation, personal or privacy rights; or (iii) your violation of this Agreement.

NO WARRANTIES BY VERIZON WIRELESS OR LICENSORS. The Service, including all Software, Content and other information, materials and products included on or otherwise made available to you through the Service, are provided "as-is" and "as available" without warranties of any kind from Verizon Wireless or any Licensors. To the full extent permissible by applicable law, Verizon Wireless and all Licensors disclaim all warranties, express or implied, including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose. Neither Verizon Wireless nor any Licensor warrants that the Service, Software or any Content, information, materials or products included on or otherwise made available to you through the Service are error-free.

You agree that neither Verizon Wireless nor its affiliates) will have any liability for any damages or injuries caused directly or indirectly by the installation, use or removal of the Service. More specifically, you agree that we will not be liable to you or any third party for any failure of the Service to perform, damage to your personal property, including but not limited to, your personal computer equipment or software, losses or injury to your business or data, or damages, including lost income or business opportunity relating to or caused, directly or indirectly by, service failures, equipment or underlying line failures, by any failures of the software we provide, or by any viruses or other disabling code or intrusions to your system.

Management of Your Data and Computer. You are solely responsible for obtaining, installing, configuring and maintaining suitable equipment, including your computer and software, including any necessary system or software upgrades, patches or other fixes that are or may become necessary to access the Service and to operate your computer. Verizon Wireless will only provide technical assistance with respect to your Verizon Wireless-provided equipment.  Verizon Wireless may collect and use information about your usage patterns for the Service, as well the type of Operating System utilized by your computer, consistent with your Customer Agreement and the Verizon Wireless Privacy Principles.

You agree that you are responsible for providing security measures that are suited for your intended use of the Service, and you shall take full responsibility for taking adequate measures to safeguard your data from loss. In addition, you understand that if your home network includes wireless technologies, such as a wireless router, you are responsible for securing such wireless communications and that wireless communications can be intercepted by third parties. Neither Verizon Wireless nor any of its affiliates will be liable to you or any other party for any data loss or any other security issues that may result from your use of the Service.

Export. The Software is subject to the export control laws, rules and regulations of the United States and other jurisdictions. You agree to comply with all such laws, rules and regulations.

Government. The Software is commercial in nature and developed solely at private expense. The Software is provided as "Commercial Computer Software" as defined in DFARS 252.227-7014 or as a commercial item as defined in FAR 2.101(a). The Software, therefore, is provided with only such rights as are provided in this Agreement.

Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. The United Nations Convention on Contracts for the Sale of International Goods does not apply to this Agreement. If any provision of this Agreement is held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby. This Agreement constitutes the entire agreement between you and Verizon Wireless regarding its subject matter, and it supersedes any prior agreements, whether written or oral, relating to the subject matter of this Agreement. No modification or alteration of this Agreement will be valid except in writing signed by both parties.