Terms of Service
Last Modified: April 27, 2012
The Short Version
Thank you for using NodeSquirrel! Your backups are your own and storing them with us does not grant us any ownership rights over them. We will respect your privacy when you use this service. In return, please don't use NodeSquirrel to backup anything illegal and please keep your password safe. You pay for this service on a monthly basis and can cancel at any time. We offer this service as-is. For our full terms of our service, please read on.
The Long Version
These terms of service (the “Terms”) govern your access to and use of NodeSquirrel websites and services (the “Services”), so please read them carefully. By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with NodeSquirrel and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Your Backups & Your Privacy
By using our Services you provide us with information, files, and folders that you submit to NodeSquirrel (together, “your backups”). You retain full ownership to your backups. We don’t claim any ownership to any of them. These Terms do not grant us any rights to your backups or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your backups, for example, storing your files. This includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services).
You are solely responsible the content of your Backups. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
Backups and other content in the Services may be protected by intellectual property rights of others. Please do not backup, copy, upload or download files unless you have the right to do so. You, not NodeSquirrel, will be fully responsible and liable for what you backup, copy, share, upload, download or otherwise use while using the Services.
You, and not NodeSquirrel, are responsible for maintaining and protecting all of your stuff. NodeSquirrel will not be liable for any loss or corruption of your backups, or for any costs or expenses associated with restoring any of your backups.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password or secret keys to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify NodeSquirrel of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to NodeSquirrel, it is your responsibility to use a secure encrypted connection to communicate with the Services.
NodeSquirrel Property and Feedback
These terms do not grant you any right, title, or interest in the Services or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. These Terms do not grant you any rights to use the NodeSquirrel trademarks, logos, domain names, or other brand features.
You will not, and will not attempt to, misuse the Services. For example, you must not, and must not attempt to, use the services to access, tamper with, or use non-public areas of the Service, NodeSquirrel (or our service providers’) computer systems; interfere with or disrupt any user, host, or network, for example by overloading, flooding or spamming any part of the Services; violate the law in any way, or to violate the privacy of others, or to defame others.
The Services may contain links to third-party websites or resources. NodeSquirrel does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. For example, here's a link to Google. What you google at Google is your own business. Neither of us hereby owns Google.
Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
We accept credit cards and will automatically charge your credit card monthly. If any fee is not paid in a timely manner, or we are unable to process your transaction using the credit card information provided, we reserve the right to revoke access to your backups. If you do not bring your NodeSquirrel balance current within fifteen (15) days after we provide you with notification that your account is in arrears, we reserves the right to use our discretion to delete your backups.
Your Account will continue in effect unless and until you cancel your Account or we terminate it. You must cancel your Account before it renews each month in order to avoid billing of the next month's fees to your credit card. NodeSquirrel will bill the monthly fees associated with your Account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).
NodeSquirrel Accounts are prepaid and are non-refundable. NODESQUIRREL DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS. (We apologize for the legal shouting. That's apparently what we have to do for important notices). You may cancel your Account at anytime, and cancellation will be effective immediately. If you wish to cancel your Account you may do so via your "My Account" page. Should you elect to cancel your Account, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees.
NodeSquirrel is Available “AS-IS”
Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. (Again - sorry about the legal shouting). NodeSquirrel will have no responsibility for any harm to your website, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NODESQUIRREL, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT NODESQUIRREL HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO NODESQUIRREL FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
We may revise these Terms in the future. If we do so, the most current version will always be posted on our website. If we ever make a change to these Terms that we believe materially reduces your rights, we will provide you with notice (for example, by email). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY MINNESOTA LAW. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF HENNEPIN COUNTY, MINNESOTA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and NodeSquirrel with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. NodeSquirrel’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but NodeSquirrel may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. NodeSquirrel and you are not legal partners or agents; instead, our relationship is that of independent contractors.