This document was last updated on November 25, 2021
These terms and conditions ("Terms", "Agreement") are an agreement between MSPBYTES, Corp., d/b/a/ MSP360, and our affiliates ("MSP360", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of our website and any of the products or services on the website (collectively, "Website" or "Services").
Table of Contents
Our Services allow you to make certain choices with respect to storage and other features. When you choose to utilize third-party cloud storage or back up resources (“Third-Party Services”) available through our Services from providers such as Amazon Web Services, Microsoft Azure, Google Cloud, BackBlaze or Wasabi Technologies, you agree to be subject to that third-party’s terms or conditions of use.
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. It is a condition of your use of the Services that all information you provide on this Services or Website is correct, current, and complete. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) at any time in our sole discretion for any or no reason, including if in our opinion that you have violated any provision of these Terms. If we delete your account you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable, as applicable. Where Services are offered on a free trial basis, payment may be required after free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected.
If, in our judgment, your purchase constitutes a high risk transaction, we may require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per entity or household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
When you create an account or subscribe to our Services while promotional or special pricing is in effect providing discounted access to Third-Party Services, if you cancel your subscription to our Services or your account, your discounted access to the Third-Party Services will also be canceled. Additionally, if you change your subscription to our Services to a non-qualifying subscription, your discounted access to the Third-Party Services will be canceled. To continue your access to the Third-Party Services, you will need to contact the third-party directly. Please note, after the promotional or special pricing ends, your access to the Third-Party Services may automatically change to a paid subscription charged through your account or Subscription with us.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or any Services should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
We are not responsible for content residing on the Services. In no event shall we be held liable for any loss of any content. It is your sole responsibility to maintain appropriate backup of your content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website, its content or the Services:
Additionally, you agree not to:
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
This Agreement does not transfer from MSP360 to you any MSP360 or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with MSP360. All trademarks, service marks, graphics, slogans and logos used in connection with our Website or Services, are trademarks or registered trademarks of MSP360 or MSP360 licensors. Other trademarks, service marks, graphics, slogans and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any MSP360 or third-party trademarks.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
YOU AGREE THAT YOUR USE OF OUR WEBSITE OR SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SUCH SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT AS PROVIDED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MSP360, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OR CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF MSP360 HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MSP360 AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT GREATER OF ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO MSP360 FOR THE TWELVE MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless MSP360 and its affiliates, licensors, and service providers, and its and their directors, officers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, losses, damages, judgment awards, costs, expenses, or fees (including reasonable attorneys' fees) incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content, your use of the Website or Services other than as expressly authorized in these Terms, or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable.
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction or other tribunal, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Delaware. To the greatest extent permitted by law, you hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
Prior to filing any claim, you agree to attempt to resolve any dispute informally by contacting us using the address in Section 16. However, in the event an informal resolution is not possible, at our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Website or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association as applicable under the governing law.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do we will revise the updated date at the top of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
If you have any questions about this Agreement, please contact us .