HomeTerms & ConditionsOnline Backup Service Agreement

Online Backup Service Disclosures

“Online Backup Service” refers to and generally encompasses services and any related software and tools that are marketed as “EarthLink Online Backup Service” and described at a www.earthlink.net.The Online Backup Service may be used to reproduce and store materials. It is licensed to you only for reproduction and storage of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. The Online Backup Service may also be used for remote access to materials for usage between computers. Remote access of copyrighted material is only provided for lawful personal use or as otherwise legally permitted. If you are uncertain about your right to copy or permit access to any material you should contact your legal advisor. Software License: EarthLink will license the software to you that will automatically backup and store your data from your computer (“Software”), provided you successfully installed and configured the Software. EarthLink will allow you to retrieve your data files from the Service up to a maximum amount of data which can be downloaded from your account per each 24-hour period as determined by EarthLink (“Download Limit”). Your “Download Limit” is set by EarthLink, at its sole discretion, and is currently calculated by the number of bytes downloaded over the course of a 24-hour period according to the local time of EarthLink’s servers or its providers’ servers. EarthLink reserves the right to change the Download Limit calculation method without further notice. From time to time, EarthLink may offer promotions to increase your Download Limit. In the event that you desire or attempt to download more than your Download Limit through EarthLink’s servers or its providers’ servers, EarthLink reserves the right, but will have no obligation, to offer and, upon your acceptance, provide to you a higher Download Limit as part of the Service (or other EarthLink additional services and products that may be offered from time to time). Legal Compliance: You are solely responsible for (i) obtaining sufficient rights to the content of all data and files stored by you on EarthLink’s or its providers’ servers and (ii) ensuring that such content does not violate the Privacy Policy or the Acceptable Use Policy.EarthLink may take any legal and technical remedies to prevent the violation of this Agreement.  If you believe that, your copyright in any material, has been infringed by an EarthLink Online Backup account holder, please notify EarthLink as set forth in the Digital Millennium Copyright Act Policy.EarthLink will only disclose information regarding your use of the Online Backup Service in accordance with the Privacy Policy. EarthLink or its providers may immediately refuse, remove or disable access to any data or files stored on EarthLink’s or its providers’ servers that EarthLink or its providers reasonably believe may be illegal, may violate other EarthLink agreements or policies, or any laws or regulations, may violate the rights of any third party or otherwise may be reasonably objectionable with or without notice to you.EarthLink will comply with its obligation to report evidence of child pornography offenses to the appropriate law enforcement authorities pursuant to the Protection of Children from Sexual Predators Act. Any such materials will be forwarded to the appropriate law enforcement authorities upon discovery and public access will be disabled. Protection of Files: You are solely responsible for protecting the information on your computer such as by installing anti-virus software, updating your applications, password protecting your files, and not permitting third party access to your computer. The Online Backup Service may backup files that are no longer usable due to corruption from viruses, software malfunctions or other causes that may result in you restoring files that are no longer usable. Deletion of Backup Data: The Software saves a copy of each file you designate to a server operated by EarthLink or its providers. The Software scans for changes or additions to these files and then periodically creates a copy of modified or newly designated file. You will not be able to restore files that EarthLink has not completed copying or files that have been changed but not yet been backed up or not eligible for backup.If your account for the Online Backup Service expires, is terminated, is not renewed, or is otherwise discontinued for any reason, EarthLink and its providers may, without notice, delete or deny you access to any of your backup data that may remain in EarthLink’s possession or control.You agree that if you mark a file to no longer be backed up, delete a file from your computer, or terminate or allow your trial or license to terminate, non-renew, or otherwise lapse for any reason, that these files may not be available to you should you wish to restore them.You agree that EarthLink and its providers may retain (but will have no obligation to retain) your backup data for a period of up to one year after your trial or license has been terminated, expired, or otherwise lapsed, as part of EarthLink’s marketing to you the opportunity to purchase, renew, or extend a license.