VMO365.COM is a company that provides cloud based automated data backup services which are offered through the Site (the “Cloud Backup Services”). These Terms apply to Your use of the Site as well as to Your subscription to and use of the Cloud Backup Services, if you elect to subscribe to such services. Section 4 below includes specific terms which are only applicable to subscribers to the Cloud Backup Services. We reserve the right, at our discretion, to modify these Terms, which modification will be effective 10 days following the posting of the modification to the Site, and will apply to causes of action arising after the effective date of the change. We will inform You regarding such modifications by posting such latest changes on the Site. You should continue checking the Site for changes. If you have subscribed to the Cloud Backup Service or otherwise provided us with your email address, we may also notify you of changes to these Terms via email. Your continued use of this Site or of the Cloud Backup Services, as applicable, 10 days following the posting of changes to these Terms will mean You accept those changes.
- Your Acceptance
- Website Access
- 2.1. VMO365.COM hereby grants You permission to use the Site, provided that: (i); You will not copy, distribute or modify any part of the Site without VMO365.COM’s prior written authorization; (ii) You will not transmit and/or upload any Content which contains software viruses, or other harmful computer code, files or programs; (iii) You will not disrupt servers or networks connected to the Site; and (iv) You comply with these Terms.
- 2.2. In order to access some of the services of the Site, You may have to create an account. You may never use another’s account without permission. When creating Your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs in Your account, and You must keep Your account password secure. You must notify VMO365.COM immediately of any breach of security or unauthorized use of Your account. You will be liable for any use made of Your account or password and the losses of VMO365.COM or others due to such unauthorized use. VMO365.COM will not be liable for Your losses caused by any unauthorized use of Your account. VMO365.COM supports multi-factor authentication and highly recommend it is enabled for Your account. You are responsible for enabling multi-factor authentication.
- 2.3 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that accesses the Site in a manner that sends more request messages to VMO365.COM’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. VMO365.COM reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or email addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.
- 2.4. VMO365.COM, in its sole discretion, has the right to terminate Your access to the Site immediately and with or without cause.
- Intellectual Property Rights in Site Content
- 3.1.The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, User Submissions and any other content on the Site (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to VMO365.COM. Content on the Site is provided to You “AS IS” for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, decompiled, or otherwise exploited for any other purposes whatsoever without VMO365.COM’s prior written consent.
3.2. For clarity, Content does not include any Data (as defined in Section 6 below) that you back up using the Cloud Backup Service, and, as further detailed in Section 4, VMO365.COM does not acquire any ownership rights in or to your Data.
3.3. VMO365.COM reserves all rights not expressly granted in and to the Site. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
3.4. “VMO365.COM”, the VMO365.COM logo, and other marks are Marks of VMO365.COM or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.
- The Cloud Backup Services
- 4.1 General
- The terms of this Section 4 apply only to subscribers to the Cloud Backup Services. In order to use the Cloud Backup Services, You must create a user account and then select the cloud-based services which You wish to back up (the “Data”). The Cloud Backup Services will then back up Your Data on a regular basis and store it securely in encrypted form on an online storage space provided by VMO365.COM’s reputable third party storage provider (currently Managecast Technologies provided object storage). Once the backup process is completed, You will be able to monitor and restore the Data using the Cloud Backup Services. Other than for performing the Cloud Backup Services or for other services with your consent, and subject to applicable law, VMO365.COM will not access Your Data without Your permission, and Your Data will be decrypted only per your authorization when you view, index, virus scan, export or restore such Data using the password You set when you configured Your backups. Failure to store, remember, supply the password may render Your backups inaccessible even to VMO365.COM.
- 4.2. Fees
- The service fees for Your use of the Cloud Backup Services (the “Fees”) are based on the number of Accounts or volume that You choose to back up using the Cloud Backup Services in each calendar month. “Account” means each unique user, seat or license within the Cloud Backup Services, which include, for example, active individual Microsoft 365 accounts.
- If you wish to subscribe for a 1-year, or 3-year term, please contact us directly at sales@VMO365.COM. Annual fees include a discount and paid using check, wire transfer or PayPal.
- Our current monthly fees for use of the Cloud Backup Services are set forth in the Site under Price List.
- The Fees are payable in arrears, as follows: For a monthly subscription: at the beginning of each calendar month with respect to the Data to be backed up in the previous month.
- In the event You add additional Accounts to the Cloud Backup Service during a monthly billing cycle, You will be charged Fees for such additional Accounts for that month, but they will be invoiced at the beginning of the next month in arrears for the previous months usage.
- The Fees will be paid by You via credit card, ACH, or any other payment method as will become available at VMO365.COM’s discretion. Payments do not include any taxes and You will bear the cost of any applicable tax.
- Unless Your Account is properly terminated, VMO365.COM will automatically continue to back up, or store, Your Data and You will be billed on a monthly basis. For clarity, if You terminate an Account before the end of a certain month, You will be charged Fees for the entirety of that month.
- VMO365.COM’s billing system is not error free and VMO365.COM will not be liable for any miscalculations or malfunctions in processing any Fees. If You think that a mistake has occurred, You must send Your complaint to billing@VMO365.COM within 30 days of Your discovery of such mistake.
- VMO365.COM reserves the right to modify these payment terms, including but not limited to the fees mentioned above, in its sole discretion, with a prior notice of 30 days to be posted on the Site.
- 4.3. Proprietary Information in Data and Cloud Backup Services
- You represent that You are the sole owner of the Data and You retain all title, ownership rights and intellectual property rights (including all copyrights, patents, trade secret rights and trademarks) in and to the Data.
- VMO365.COM retains all title, ownership rights and intellectual property rights (including all copyrights, patents, trade secret rights and trademarks) in and to the Cloud Backup Services.
- 4.4. Termination of the Cloud Backup Services
- If at any time You wish to discontinue using the Cloud Backup Services, You may cancel Your Account by sending an email notification to support@VMO365.COM.
- VMO365.COM reserves the right to terminate Your access to the Cloud Backup Services immediately and without notice if you fail to comply with these Terms.
- Upon termination of the Cloud Backup Services, we will use reasonable commercial efforts to send notification of such termination to the email address You provided to us, informing You that Your access to the Cloud Backup Services will be discontinued, and Your Data will be deleted after a certain period without a recovery option. Note that it is Your responsibility to manage the removal of the Data, and VMO365.COM will have no liability if You fail to receive the email or act in accordance with the email, or if Your Data is deleted. Termination for any reason will not entitle You to a refund of Fees paid by You to VMO365.COM.
- 4.5. Currently VMO365.COM does not throttle bandwidth or limit storage size in the Cloud Backup Services. However, VMO365.COM reserves the right to impose limits on abuse or excessive use, as determined by VMO365.COM, at its sole discretion. VMO365.COM may set reasonable storage limits in the future.
- Privacy and Security
- Information Description
VMO365.COM attempts to be as accurate as possible. However, VMO365.COM cannot and does not warrant that the Content available on the Site is accurate, complete, reliable, current, or error free. VMO365.COM reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at Your own risk and responsibility.
- Limitation of Liability and Warranty
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE SITE (INCLUDING THE CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY) AND THE CLOUD BACKUP SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANT-ABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, VMO365.COM DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT VMO365.COM WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC. IF YOU SUBSCRIBE TO THE CLOUD BACKUP SERVICES, YOU AGREE AND ACKNOWLEDGE THAT ALTHOUGH VMO365.COM USES ITS REASONABLE COMMERCIAL EFFORTS TO MAKE THE CLOUD BACKUP SERVICES ACCURATE, SECURE AND RELIABLE, IT CANNOT AND DOES NOT WARRANT THAT THE CLOUD BACKUP SERVICES SHALL AT ALL TIME BE ACCURATE, COMPLETE, SECURE, RELIABLE, CURRENT, OR ERROR FREE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER VMO365.COM USERS. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE, YOU AGREE THAT VMO365.COM IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. VMO365.COM RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF THE SITE.
UNDER NO CIRCUMSTANCES SHALL VMO365.COM, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY ACTUAL OR POTENTIAL DAMAGE THAT MAY BE CAUSED TO YOU AND/OR TO ANY THIRD PARTY INCLUDING WITHOUT LIMITATION, ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA OR BREACH OF DATA SECURITY) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CLOUD BACKUP SERVICES AND ANY OTHER SERVICES AVAILABLE ON THE SITE, EVEN IF VMO365.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION, TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT VMO365.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES ARISING FROM YOUR USE OF THE SITE SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE LESSER OF (A) AMOUNTS ACTUALLY PAID BY YOU TO VMO365.COM FOR THE CLOUD BACKUP SERVICES DURING THE 12-MONTH PERIOD PRIOR TO YOUR BRINGING A CLAIM AND (B) $100 AND THAT, EXCEPT FOR YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER, THE LIABILITY FOR WHICH IS UNCAPPED, YOUR TOTAL LIABILITY TO VMO365.COM FOR ANY CLAIM HEREUNDER WILL BE LIMITED TO THE AMOUNTS PAID OR PAYABLE BY YOU TO VMO365.COM FOR THE CLOUD BACKUP SERVICES DURING THE 12-MONTH PERIOD PRIOR TO VMO365.COM BRINGING A CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY.
THE ABOVE TERMS REGARDING WARRANTY AND LIMITATION OF LIABILITY APPLY WHETHER OR NOT ANY SERVICES PROVIDED UNDER THESE TERMS ARE FOR PAYMENT.
YOU AND VMO365.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR TO THE VMO365.COM BACKUP SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to defend, indemnify and hold harmless VMO365.COM, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of the Site; (ii) Your violation of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; (iv) any claim that one of Your User Submissions caused damage to a third party; or (v) to the extent that You subscribe to the Cloud Backup Services, Your use of the Cloud Backup Services, including without limitation, any third party intellectual property claims concerning the Data.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by VMO365.COM without restriction or notification to You.
Last updated: 4/2022