Privacy Policy and Terms of Business
At WebDrive365 Limited we are a pretty straightforward bunch and our two major principles are; to offer quality, straightforward business backup at the best possible prices; and to deliver great service and a positive experience to our member clients.
Because we really believe in our products we let them speak for themselves and so we do not tie our clients into any kind of contract or minimum usage agreement. * If for any reason you wish to leave WebDrive365 Limited and stop using our product, all you need do is let us know - and that's it.
* Special terms apply for Premium Services such as WD365 -see our Terms and Conditions of Business; 'Termination of Premium Services'.
Obviously, our aim is to keep all of our clients and over time, build a long term relationship together. To contribute towards this goal we have included this page which outlines exactly what we do, how we operate, what clients can expect from us.
So in the interests of complete clarity here follows the WebDrive365 Limited Privacy and Cookie Policy: WebDrive365 Limited Terms and Conditions of Business and WebDrive365 Limited Copyright Policy.
So, starting from the top...
Privacy and Cookie Policy
Who Are We?
WebDrive365 Limited Limited provides subscription computing services to Business Users.
When we refer to 'we' or 'our' 'WebDrive365 Limited' & 'WebDrive365 Limited.co.uk' we are referring to WebDrive365 Limited Limited. When we refer in this Privacy Policy to 'our website' we are referring to the website at:
http://www.WebDrive365.com
'WebDrive365 Limited' is the registered Trademark of WebDrive365 Limited Limited.
WebDrive365 Limited Limited is registered in England and Wales Reg: 8827614. Registered Office; 3 Hartington Road, Southall, Middlesex, UB2 5AU.
Why do we have a Privacy Policy?
We have developed this Privacy Policy because we want you as a Customer, to feel confident about the privacy and security of your personal information. WebDrive365 Limited with its partners comply with relevant data protection laws and takes all reasonable care to prevent any unauthorised access to personal information. When we refer to 'personal information' in this Privacy Policy, we mean information which identifies an individual, or is capable of doing so. Accordingly, we may hold and use data about you in your capacity as a consumer, a business customer, or as an individual acting on behalf of a business customer.
Please read this Privacy Policy carefully. If you are visiting our web site or using our WebDrive365 Limited services, by continuing to do so, you indicate your agreement to our use of your personal information as set out in this Privacy Policy.
What does this Privacy Policy cover?
This Privacy Policy only applies to our web site and WebDrive365 Limited services. It does not apply to any other third party services or to any other third party sites, even if we host them or you access them from our web site. If you disclose your personal information directly to other companies, your personal information will be dealt with according to their privacy practices.
What personal information do we collect about you, and when do we collect it?
If you register to become a customer of WebDrive365 Limited, we may ask you for information such as your name, address, contact telephone numbers, email address, credit card details, security information and other (optional) information. We may receive personal information about you from third parties. Except in the cases where we are merely processing such information for them, we rely on third parties to obtain your consent for us to use this information.
What do we use your personal information for?
If you're a registered customer we may use your personal information to:
- Communicate with you about your access to, or use of, our service.
- Check that you're a registered customer. For security reasons we may ask you for some of the information you gave us when you registered and check this against our records.
- Collect or verify payment from you.
- Let you know (by post, telephone or email) about any changes to our services or our web site.
- Contact you to ask whether you would like to join in one of our research groups to help us improve our service to you.
- Improve our understanding of the type of customers we're attracting to our services and how they use our services
- Subject to your agreement, provide you with information about WebDrive365 Limited and/or third party products and services.
- Manage our network.
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Prevent and detect criminal activity, fraud and misuse of or damage to our network, and to prosecute those responsible.
We may sometimes ask other companies to provide any of the above services on our behalf.
If we do this, we share your personal information with them for this purpose. Please see 'Do we share your personal information with anyone else?' for more information on this.
What other information do we collect?
We have information about your use of our services (such as the times you log on and log off, the applications that you use and logs of Internet usage). We mainly use this information to manage our network and for billing purposes. However, we may also use this information for marketing WebDrive365 Limited`s services. We do not disclose this information to anyone other than to any agents who process it on our behalf. Your decision on whether you want to receive details of other WebDrive365 Limited products and services which is made when you register for or order a service, also applies to this information.
Consequently, if you do not wish us to use this information for marketing purposes but during registration elected to receive details on our other products and services, you need to complete an opt-out form. To receive an opt-out form, you should contact WebDrive365 Limited, who will forward one to you by either e-mail or post. Opt-out requests should be forwarded to The Secretary, WebDrive365 Limited Limited, 3 Hartington Road, Southall, Middlesex, UB2 5AU We also collect information from visitors to our web site and registered WebDrive365 Limited customers to help us improve our web site and WebDrive365 Limited services.
This information tells us, for instance, how much data you are storing on our servers, the way you use and interact with our services, when you log on and log off, lists the applications that you accessed by time and date, plus various other information which helps us track and profile our users. This information helps us to assess which parts of our services require improvement as well as enabling us to track down and resolve problems.
Do we share your personal information with anyone else?
We sometimes use other companies to provide some of our services, or to provide services to us, and we share your personal information with these other companies. However, these companies can only process this information according to the instructions we give them, may only do things with your personal information that we are entitled to do, and may only act on our behalf. In addition they are required to meet the requirements of the Data Protection Act to keep the information secure.
If you agree to receive information about other companies' products and services, we'll only share your personal information with those companies if they agree to use your personal information only for that purpose.
We'll also disclose your personal information when required to do so by law, for example under a Court Order, or in response to properly made demands under powers contained in legislation.
If there is a change (or prospective change) in the ownership of WebDrive365 Limited or any of its assets, we may have to disclose personal information to the new (or prospective) owner.
For how long do we keep personal information?
The time period for which we keep information varies according to what the information is used for. In some cases there are legal requirements to keep data for a minimum period.
Unless there is a specific legal requirement for us to keep the information, we will retain it for no longer than is necessary for the purposes for which the data was collected or for which it is to be further processed.
How would we protect your data if it were ever transferred out of Europe?
Note: we currently utilize only United Kingdom Data Centres.
Countries in the European Economic Area are required to have a similar standard of protection of personal data than those, for instance, standard within the United Kingdom. This is not always the case outside that area. If we do transfer data outside that area, before doing so we take steps to ensure that there is adequate protection, as required by the Data Protection Act.
How can you find out what personal information we hold about you?
If you want specific information, please tell us, because this will speed up our reply. Please also give us any relevant details to help us find the information you're looking for. All requests should be made in writing to The Secretary, WebDrive365 Limited Limited, 3 Hartington Road, Southall, Middlesex, UB2 5AU
How can you change the personal information we hold about you?
If the information we hold about you is inaccurate, please let us know and we will make the necessary amendments and confirm that these have been made.
How do we protect your personal information?
We're serious about guarding the security of your personal information and the details of any transactions made. We take appropriate organisational and technical security measures to protect your data against unauthorised disclosure or processing. We use a secure server to store the information you give us (including any credit card details and passwords). Any personal data you send us is securely encrypted.
Over and above what we do to safeguard your privacy and security, there are a number of things you can do to protect yourself from internet fraud:
- Choose a password you can remember but others will not guess, change it regularly and, if you do write it down, keep it somewhere safe and secure.
- When you have finished your WebDrive365 Limited session, make sure you prevent your details being seen by anyone that you do not wish to see them. So, if you've registered and logged in, remember to log off. We also recommend you then close your browser so any history of the session is cleared.
When do we use cookies?
We use 'cookies' to collect information from visitors to our web site and from registered customers. A 'cookie' is a text file which is allocated by our server to your PC when you visit our web site. The text file contains a random number which, unless the cookie is deleted, allows us to identify your PC if you visit our web site again.
Our servers use two different types of cookies. The first type is known as a 'session-based' cookie and is allocated to your PC only for the duration of your visit to our web site. It helps you to move around the web site faster and, if you're a registered customer, it allows us to give you information relevant to your selected WebDrive365 Limited service. This cookie automatically expires when you close down your browser.
The second type of cookie known as a 'persistent' cookie is allocated to your PC only if you agree by selecting the 'Remember Me' function. This cookie, if chosen, will remain on your PC for a period of time.
This cookie allows us to:
- Welcome you as an individual when you log on to our web site
- Limit how often you see particular advertisements or announcements on our web site.
- Identify your defaults if you have set up a customised homepage
- Provide you with relevant self-help information
- Track where you have come from if you have come to our web site from another web site.
- Track how many times you visit a page or advertisement.
Other companies which advertise or offer their products or services on our web site may also allocate cookies to your PC. The types of cookies they use and how they use the information generated by them will be governed by those companies' Privacy Policies, not ours.
All types of cookies can be removed from your PC. However, if you do this there is likely to be a deterioration of your experience of our web site (e.g. you may end up being shown endless numbers of pop up boxes containing the same advertisements or not being able to see a personalised page).
Your browser lets you choose whether to accept, not to accept or to be warned before accepting cookies. These settings can be found in the advanced preferences section of your internet browser*.
- In Internet Explorer select: Tools menu > Internet options > Security > Custom Level
- In Firefox select: Tools menu > Options > Privacy
- In Google Chrome select: Customize menu > Settings > Show Advanced Settings
- In Safari select: Settings > Preferences > Privacy
- In Netscape 4.x select: Edit menu > Preferences > Advanced. For removing the 'Remember Me' cookie, just un-tick the box when you sign in.
* All information correct at time of writing
Are third party sites covered by this Policy?
Third party Internet sites that you can link to from our web site are not covered by our Privacy Policy, so we urge you to be careful when you enter any personal information online. WebDrive365 Limited accepts no responsibility or liability for these sites.
How do you find out about changes to our Privacy Policy?
We may change our Privacy Policy from time to time. If you are a registered customer, we will notify you of the changed Policy. Please also note that certain products and services may have their own separate Privacy Policies. These will be made clear to you when you order the relevant product or service.
Terms and Conditions of Business
General
These terms and conditions of business ("Terms") govern your access to and use of all WebDrive365 Limited services so please read them carefully before using the services.
By using the Services you agree to be bound by these Terms in their entirety.
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 WebDrive365 Limited and are not barred under any applicable laws from doing so. The Services may continue to change over time as we improve 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.
WebDrive365 Limited Limited (hereafter; 'we', 'us', 'our' or 'the Company') offers unlimited cloud backup and other associated solutions to business users on a subscription basis.
'WebDrive365 Limited' is the registered Trademark of WebDrive365 Limited Limited.
WebDrive365 Limited Limited is registered in England and Wales Reg: 8827614. Registered Office; 3 Hartington Road, Southall, Middlesex, UB2 5AU.
By 'unlimited' we mean that users are not restricted in any way on the volume of data that they can backup from the internal hard drive of their computer; some services which we provide, however, do have certain restrictions. These relate to external hard drives USB and NAS devices. For further detail please refer to the `Additional Terms` section within these Terms and Conditions of Business. We do not restrict upload capacity in any way, either directly or indirectly.
Whilst upload speed and data volume is not limited in any way by us, it should be understood that customers' data upload volume and upload speed will be largely dependent upon the type, or level of service delivered by their internet service provider, and also the type, specification, settings and configuration of the PC, Mac or other type of machine that they are backing up from. We have no control over, nor any responsibility for this.
The unlimited backup solution featured on our website is intended for business users. Our business user solution includes, amongst other special features, a multi-user administration control panel and individual user file sectioning - in other words, individuals'/employees' backed-up files cannot be viewed or accessed by other (unauthorised) individuals/employees. Business users should not download or initiate our home user solution for commercial usage, as individual user file sectioning is not a feature of our home solution. WebDrive365 Limited does not accept any responsibility for privacy, security or consequential issues arising from commercial usage of our home user solution.
We currently offer a one month evaluation period free of charge. No minimum subscription terms apply. Having commenced using our Services, should you decide that you subsequently wish to discontinue, you are completely free to leave us at any time whether during your free trial or at any time afterwards; however, if you do decide to discontinue using our services you should advise us accordingly in advance to ensure that you are not subsequently charged in error.
Our charging methodology is by means of monthly invoice. Upon completion of your free trial period, we will contact you to confirm whether you wish to continue using our Services. Should you wish to continue, you will be invoiced for our Services monthly in advance; our invoice terms are 30 days net as stated upon our invoice. Our Bank payment details are also stated upon our invoice.
Community
At WebDrive365 Limited our philosophy is that we do not have customers; we have members: all of our users are considered members of our WebDrive365 Limited community. Arising from our outlook, we do our best to run our Company so as to offer, wherever possible, benefits to our members. Such benefits include our 'core' offering of unlimited online backup but will also include future offerings as they are developed or sourced.
From time to time we may contact our members by e-mail to provide news, updates, reviews, information and special community offers. By becoming a community member you will automatically receive these periodic communications, however, you will also be given the option to 'unsubscribe' from these at any time.
Support
In order for us to offer truly unlimited business backup at our market-beating rates WebDrive365 Limited business support is delivered primarily through our Online Support Team which operates a dedicated e-mail support service. Wherever possible, we endeavour to resolve all queries within two business days, however, most customer queries are resolved on the same day, many within hours of contacting us.
Customer queries are dealt with strictly in the order in which they are received. As soon as we start attending to your individual query, we will call you directly to resolve your issue.
You should note that we can only deal with and resolve issues directly relating to our own systems, software or services; issues arising from or exacerbated by outside factors such as your own systems architecture or hardware fall outside the scope of our support.
Our support services operate Monday to Friday between the hours of 09:00 to 17:00. Support is not available during UK Bank Holidays.
If the absence of a direct telephone support model is of major concern or likely to cause operational problems for your business, then you may find it advisable not to avail yourself of our market-beating pricing and unlimited backup service.
Operational and Technical Specifics
By initiating and using our backup services you provide us with copies of your information, files and folders, however, you retain full ownership; we do not claim any ownership whatsoever. We do not claim any rights to your files or intellectual property except for sufficient rights that are required to run our services, which will be explained further.
Dependent upon the type of backup product or service that you subscribe to with us, we may require your permission to do things you ask us to do with your files; for example, hosting your files, or sharing them at your discretion. This includes product features visible to you, for example, image thumbnails or document previews. It also 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. To ensure that our prices are kept to a minimum, our architecture may back onto third party architecture or data facilities or data networks and so the permission also extends to these trusted third parties which we work with to provide our Services.
Our members' data is important to us as is its safe storage; aside from exceptional circumstances which we identify in our Privacy Policy, no matter how our Services may change, we won't share your data with others, including law enforcement agencies, for any purpose unless you specifically tell us to. How we collect and use your information generally is also outlined within our Privacy Policy.
You are solely and personally responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. So for example, it is incumbent upon you to make sure that you have the rights or permission required to comply with these Terms.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that WebDrive365 Limited has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using our Services.
File Sharing
Some of our subscription services include features that allow you to share your files with others or to make them public. There are sundry things that other users may do with your files (for example, copy them, modify them, and distribute them). Please consider carefully what you wish to share or make public. WebDrive365 Limited is not responsible for your sharing of files nor the results of your sharing of files, nor the fate of said files.
Variation or Modification of Terms
These Terms may be varied, modified or revised as required, however the most current version will always be posted on the WebDrive365 Limited website. By continuing to access or use our Services after said changes have effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you should stop using our Services.
Our Software and Software Updates
Most of the Services that we provide will require the downloading of a client software package ("Software").
WebDrive365 Limited hereby grants you a limited, non-exclusive, non-transferable, revocable license to use the Software, solely to access our Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available. Your acceptance of such updates is required under the Terms.
Security of your Account
It is your responsibility to safeguard the password that you use to access our Services and you agree not to reveal your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify WebDrive365 Limited of any unauthorized use of your account.
Service Users' General Responsibilities
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not WebDrive365 Limited, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not WebDrive365 Limited, are responsible for maintaining and protecting all of your files. WebDrive365 Limited will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files.
If ANY information related to your account changes, you must notify us promptly and keep your information current.
Limitation of Liability
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. WebDrive365 Limited will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some jurisdictions in the United States and in some other Territories do not allow the types of disclaimers in this paragraph, so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WebDrive365 Limited, 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 WebDrive365 Limited 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 WebDrive365 Limited FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some jurisdictions in the United States and in some other Territories do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Termination of Service
You may discontinue using our Services any time you wish, whether during your free trial period or at any time afterwards. If you wish to cancel, simply log into your account from our Homepage and select the `Close Account` option from the `My Account` drop-down. You should also notify WebDrive365 Limited in advance of your intent to cancel in order that you do not incur ongoing charges for our Services.
Our backup Services are invoiced monthly in advance and our charging period runs from the first day, to the last day of each calendar month. Upon take-up of our Services you will be entitled to a one month free trial in order to allow you a fair evaluation period. If you decide to continue with our Services you will only be charged from the first day of the following month regardless of when your evaluation period expires. Upon termination of our Services no refund can be given for any unused proportion of any month which you have already forward-paid. You are, therefore, advised to consider discontinuing with our services or advising us of any intent of termination of service before the commencement of a new month.
If you close your account, WebDrive365 Limited will delete all your data from its backup locations within a four week time-frame. You can also manually remove your data by logging into your Cloud Login and deleting any uploaded data, or alternately, by un-ticking your backup sets from the locally installed WebDrive365 Limited program.
If you chose to manually delete information you MUST do this prior to closing your account with WebDrive365 Limited, as you will not be able to access your account after closure. Similarly, should you wish to retrieve any data which had been backed-up, it is imperative to do so before account closure. WebDrive365 Limited does not accept any responsibility for loss of data arising from failure to retrieve same before closing your account.
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. If we terminate your service for breach of these terms no refund of any fees paid to WebDrive365 Limited relating to your Service will be offered. If we terminate your service for any other reason than breach of these Terms, or at our sole discretion, then we may refund unused portion of fees paid for the Services on a pro-rata basis.
Suspension of Account
If you choose to suspend your account, or it is suspended by WebDrive365 Limited, your data will not be deleted but you will still be charged for this service as normal. No new data will be backed up until you, or we, re-instate your account. To do this simply click on the reinstate option from the drop down menu when logged in. WebDrive365 Limited would only suspend your account if we are resolving a payment issue or abuse of the WebDrive365 Limited system.
In the event of non-payment of invoices WebDrive365 Limited will suspend your services but not close your backup account for up to 4 weeks; after 4 weeks WebDrive365 Limited will close your account.
WebDrive365 Limited does not accept responsibility for any loss of data or consequential loss of any kind arising from your failure to pay WebDrive365 Limited invoices leading to subsequent account suspension or deletion of data.
Termination of Premium Services
In line with our ethos of bringing members quality IT products and solutions, we may periodically offer, or bring to our members' attention, products, solutions and services (Premium Services) to complement our WebDrive365 Limited standard backup solution. These Premium Services will only be advised to and made available to existing members of the WebDrive365 Limited community and work in conjunction with our standard backup solution. Any member wishing to take up any such Premium Services must do so in conjunction with our standard backup solution. Continuance of Premium Services after cancellation of our standard backup solution is not permitted.
Premium Services are sourced and structured by us specifically for our members and may entail an advanced contractual and financial commitment by us in order for us to secure the relevant services at an attractive pricing and period of provision for our members. Any such securing commitment is not refundable to us. Provision of such Premium Services to our members, therefore, is specifically offered on an annual purchase basis; purchase payment for one year's provision payable in advance. Automatic annual renewal will continue until cancelled by members. Cancellation is possible at any time during the annual usage period, however, no refund of any unused proportion of the purchased annual provision is possible.
Miscellaneous
Dormant accounts are extremely rare. A dormant account is classed as an account which although up-to-date in regards to payment of our invoices, has never backed-up or has not backed-up any new / updated data for some time. WebDrive365 Limited does not pro actively monitor for such accounts; the sole criterion for the continuance of a live account relates to the maintenance of payment of invoices. We do, however, wish to ensure that all of our members use and receive the full benefit of our backup solution. Any member, therefore, who is having difficulty in configuring our solution should not hesitate to contact us immediately; we will be happy to talk through configuration options and assist with initiation of same.
Losing your email account or reckless misplacement of passwords could result in your email account being hijacked. WebDrive365 Limited accepts no responsibility for your personal email security and suggests you take necessary precautions when storing passwords.In the event of any of the aforesaid events occurring, it is entirely possible you could lose all access to the data stored on WebDrive365 Limited`s system(s).
Legal Jurisdiction
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY ENGLISH LAW, EXCEPT FOR ANY APPLICABLE CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF ENGLAND, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.
These Terms constitute the entire and exclusive agreement between you and WebDrive365 Limited 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. WebDrive365 Limited'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 WebDrive365 Limited may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. WebDrive365 Limited and you are not legal partners or agents; instead, our relationship is that of Vendor and Purchaser.
Pricing
All charges payable by you for the WebDrive365 Limited Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted, and shall be due and payable in advance of provision of the WebDrive365 Limited Services.
Up to eighty percent of the first year's fees charged for any WebDrive365 Limited service relate to the initial setup of your account, provisioning of computer hardware, support and service activation. You agree that, except where otherwise specified in these terms, these fees are not refundable on any basis.
We reserve the right to alter pricing, including ceasing to offer elements of the WebDrive365 Limited Services. WebDrive365 Limited will inform you by email if the charge for a service is to be altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.
All fees for our services are due in advance and will be requested by issue of invoice; all prices attract UK Value Added Tax (VAT) at the rate applicable as at the date of issue of our invoice.
All fees paid to us are non-refundable except in circumstances set out in these Terms.
Intellectual Property
Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.
The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of several countries worldwide. These Terms do not grant you any rights to use the WebDrive365 Limited trademarks, logos, domain names, or other brand features.
'WebDrive365 Limited' and the 'WebDrive365 Limited picture logo' are registered trademarks of WebDrive365 Limited Limited. No unauthorised usage or reproduction is permitted under any circumstances without the express written permission of WebDrive365 Limited Limited. Any and all such unauthorised usage or reproduction will be pursued and remedy sought through the courts.
Additional Terms applicable to use of WebDrive365 Limited Backup
Some services, including the WebDrive365 Limited Backup, are sold on a per-computer basis and include unlimited data backup for that computer. You are only permitted to backup data stored on a) internal hard drives of that computer, b) externally connected drives, such as USB drives, connected to that computer or c) NAS storage devices attached to that computer. Backing up of NAS storage devices may incur an extra charge on some packages.
There is a limit of 5TB for ANY SINGLE external drive including NAS devices and USB drives.
With the exception of our 'WD365' solution, services that include WebDrive365 Limited Backup are not to be used for archiving. You must at all times hold an original copy of the data in the original location on the system it was backed up from. If you delete files from your computer that have been backed up we will remove the corresponding backup from our servers.
You must at all times run the WebDrive365 Limited software on any computer that is being backed up and you must ensure this computer connects to the Internet at least once every 30 days. WebDrive365 Limited will remove backups for computers that have not connected to the service for 30 days.
If you wish to restore data backed up onto our servers we may require up to 72 hours' notice. Whilst ordinarily we would expect your data to be available for restore immediately, we reserve the right to archive data in facilities where it may not be available for immediate access.
Additional Principles of Use
You agree not to misuse the WebDrive365 Limited services. For example, you must not, and must not attempt to use the services to do the following things:
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Probe, scan, or test the vulnerability of any system or network;
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Breach or otherwise circumvent any security or authentication measures;
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Access, tamper with, or use non-public areas of the Service, shared areas of the Service which you have not been invited to, WebDrive365 Limited`s (or our service providers') computer systems;
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Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
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Plant malware or otherwise use the Services to distribute malware;
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Access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");
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Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
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Publish anything that is fraudulent, misleading, or infringes another's rights; promote or advertise products or services other than your own without appropriate authorization;
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Impersonate or misrepresent your affiliation with any person or entity;
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Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
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Violate the law in any way, or violate the privacy of others, or defame others.
Copyright Policy
In accordance with the Digital Millennium Copyright Act of 1998, WebDrive365 Limited will respond expeditiously to claims of copyright infringement committed using the WebDrive365 Limited Service and/or the WebDrive365 Limited website (the "Site") if such claims are reported to WebDrive365 Limited in the manner identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it by postal mail to the address below.
DMCA Notice of Alleged Infringement ("Notice")
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Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
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Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
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Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to:
The Secretary, WebDrive365 Limited Limited, 3 Hartington Road, Southall, Middlesex, UB2 5AU, United Kingdom.
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