Manage Account
last updated August 9, 2004
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    The data backup and JumboMailTM service (the "Service"), operated by, Inc., (""), is provided to you ("You" or "Your") under the terms and conditions of this Data Backup Terms of Use ("TOU") and any operating rules or policies that may be published by The TOU, along with's Services Agreement (the "Services Agreement"), comprises the entire agreement between You and, and supersedes all prior agreements between the parties regarding the subject matter contained herein.


    The Service provides You with the ability to store and retrieve data from Your computer or network. The Service also allows You to send and receive stored files via the Internet.


    Your right to use the Service is personal to You. You agree not to resell or make any unauthorized commercial use of the Service, without the express consent of

  4. DATA STORAGE AND OTHER LIMITATIONS assumes no responsibility for the deletion of or failure to store or restore data.


    You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. does not endorse or control the Content transmitted or posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable.

    Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You agree to comply with all United States laws regarding the transmission of technical data exported from the United States through the Service and with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, Your conduct is subject to Internet regulations, policies and procedures. You agree not to use the Services to engage in or assist or encourage others to engage in illegal, harassing or abusive conduct, including, without limitation, to:

    • upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    • harm minors in any way;
    • impersonate any person or entity, including, but not limited to, a official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
    • upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
    • upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
    • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
    • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, the CAN SPAM Act and any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
    • "stalk" or otherwise harass another;
    • collect or store personal data about other users; or
    • promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.
    • Violate or encourage others to violate the terms of this Acceptable Use Policy.


    You acknowledge and agree that or Contractor, each in its sole discretion, may terminate your Service if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of this TOU or the Services Agreement, including, without limitation, for nonpayment. In addition, either You or may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. shall not be liable to You or any third party for termination of Service. Should You object to any terms and conditions of the TOU or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service Membership; and (3) notify of termination. Upon termination of the Service, Your right to use the Service and Software immediately ceases. You shall have no right and will have no obligation thereafter to store or backup any of Your data or forward any unread or unsent messages to You or any third party, and, shall have the right to delete any such data.


    You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to you through use of the Services ("Content") by,'s advertisers, or other users may be protected by copyrights, trademarks, patents or other proprietary rights and laws; therefore, you are only permitted to use this protected Content as expressly authorized by the owner of the Content ("Owner"), the Services or the Advertiser. You may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Owner, this TOU or the Advertiser.