ACCRA BACKUP SERVICE
© 1994 - 2024 ACCRA SOLUTIONS INC. All Rights Reserved.
© 2021-2024 Synametrics Technologies, Inc, All rights not reserved.
Last modified January 2024
If you subscribed to Accra Solutions Inc ("Provider") the Accra Backup Service (the “Service”) the following applies.
This Agreement, with any written documentation expressly incorporated herein by reference and published from time to time by the Provider on his various web sites ( Https://www.accra.ca, https://backuphelp.accra.ca/, https://www.filopto.com ) (collectively, the "Agreement"), constitute the entire agreement between the Provider and you regarding the Service.
You may access the Service only through the interfaces and protocols provided or authorized by the Provider. You agree that you will not access the Service through unauthorized means. The Provider may offer products and services that limit the time, type of files, storage space, or other features. You agree not to attempt to circumvent these limitations in any way.
Provider
You are contracting with Accra Solutions Inc., P.O. Box 23062 Moncton New Brunswick, E1A 6S8 Canada.
User Accounts and Passwords
You are responsible for keeping your password secure. You are solely responsible and liable for any activity that occurs under your user name. If you lose your password or the encryption key for your account, you may not access your Data. You must notify the Provider immediately of any unauthorized use of your accounts or any other security breach related to the Service. If the Provider determines that a security breach has occurred or is likely to occur, the Provider may suspend your accounts and require you to change your user names, passwords and encryption keys.
COMPLIANCE WITH LAWS & ACCEPTABLE USE
You are solely responsible for your conduct related to the Service and any data you store or share on the Service. You agree that you will not use any products or services made available by the Provider and the resellers to:
•violate any laws or regulations;
•infringe the intellectual property or other rights of third parties;
•circumvent any restrictions on access to or availability of the Service;
•circumvent or bypass any technological protection measures in or relating to the software or Service;
•disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Service that is included in or accessible through the Service, except and only to the extent that the applicable copyright law expressly permits doing so;
•transmit any material that is illegal, obscene or objectionable including stalking, posting terrorist content, communicating hate speech, or advocating violence against others or that contains malware, ransomware, viruses or other harmful computer code or files such as Trojan horses, worms or time bombs
•engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Service to increase usage count, or affect rankings, ratings, or comments) or libelous or defamatory.
•engage in activity that violates the privacy or data protection rights of others.
•publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Service;
•help others break these rules.
The Provider, at his sole discretion, may delete, remove or destroy any files or data that does not meet or is contrary to the intent of the above items. The Provider and the resellers may also share with various law enforcement personnel, agencies, as well as authorized officials of governments, agencies, malware security firms, both domestic and foreign, the files or content of such activities, files or data.
Backup Software
You may be required to download a Client software (Client). The Client is licensed to You for the sole purpose of accessing the Service. You agree that the Service may automatically update the Client installed on Your computer, tablet, smartphone or any other electronic device (each, a "Device") when a new version is available.
THE SERVICE
While you have a valid and active Account, the Provider grants You a revocable, limited, non-transferable, non-exclusive license to access the backup website, backup service and use the Client and Service for Your personal or internal business purposes only.
You may use the Service only in accordance with the then-current documentation, license terms and customer support available at www.accra.ca, backuphelp.accra.ca and as specified in other documentation provided or made available by the Provider.
The Service may contain, or the Provider may provide to You, third-party hardware, products, software or programming, or You may obtain third-party hardware, products, software or programming from third parties directly (the "Third-Party Components"), and You acknowledge that license terms accompanying such Third-Party Components will govern their use.
Except for the limited license granted herein, You acknowledge that the Provider or third parties own all rights, title and interest in and to the Service, all copies thereof and all proprietary rights therein, including copyrights, patents, trademarks, logos, domain names or other brand features of the Provider or third parties.
You may provide feedback to the Provider with respect to the Service and the Provider may use the feedback for any purpose without obligation of any kind. To the extent a license is required under Your intellectual property rights to make use of the feedback, You hereby grant the Provider an irrevocable, non-exclusive, perpetual, royalty-free license to use the feedback in connection with the Provider’s business, including enhancement of the Service.
The Provider may discontinue, suspend or modify the Service, any feature included in the Service, or the availability of the Service on any particular Device at any time and without notice to You.
Authorization to Send Emails : When you request, accept, or use our products, you authorize the Provider to send you information by email, regarding the activities of a backup, renewal, revocation, or update of products purchased, and information regarding other products and services provided by the provider or associates.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Your installation, use and access of the Service is at your sole discretion and risk and you are solely responsible for any damages to your device, software and the loss of your user data that results from the use thereof.
Depending on the features of the Service you choose to utilize, your user data may not be available or restorable if:
(1) the Provider has not completed receiving, copying or syncing your user data;
(2) the files, folders or disk drives are not included in the user data the Service will automatically backup or sync pursuant to the Provider documentation;
(3) you do not manually select user data or files for backup or syncing, or you unselect certain user data or files for backup or syncing;
(4) you delete certain user data or files from your device and do not restore them within the specified calendar days available in your version settings after deletion, or you delete a device from your Provider account;
(5) you move user data or files to a location on your device that is not automatically scanned to select user data or files for backup or syncing, or you upgrade your operating system resulting in changes to your file mapping;
(6) your device is unable to access the internet or network service;
(7) your device is unable to transfer your data in the time span defined by the backup cycle;
(8) your device operating systems malfunctions and corrupts the data backup file(s);
(9) the Provider’s servers or network service is unable to make a connection with your device;
(10) you fail to follow the Provider’s and resellers’ technical requirements and documentation for utilizing the Service, including upgrading the version of the Service as required and periodically testing your backups and restores; or
(11) you send to the Provider's server an infected file (containing virus/malware/ransomware or other malicious "payload" or suspicious content) which is automatically detected and deleted by the Providers internal security and anti-virus/malware protection systems.
(12) you send to the Provider's server an illegal file (a file subject to Digital piracy laws, illegal images such as child pornography or materials, etc.) which is automatically deleted by the Providers2internal reviews or by the security and protection systems.
(13) you terminate your license or fail to renew your subscription to the Service.
INTERNET USE
The Service makes use of the internet. You agree that the Provider and the resellers do not operate or control the internet and that the Service may be used to access and transfer information over the internet. You acknowledge and agree that:
(1) malware, viruses, worms, Trojan horses and other undesirable data or software, or
(2) unauthorized users (e.g., hackers),
may attempt to obtain access to and damage your user data, websites, devices and networks. The Provider is not responsible for such activities.
You are solely responsible for the security and integrity of your account, your network, your user data and your devices. You acknowledge and agree that the Provider will have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
The Service and third-party components are provided "as is," "where is," "as available," "with all faults" and, to the fullest extent permitted by law, without warranty of any kind. The Provider and the resellers disclaim all warranties with respect to the Service and third-party components, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties regarding quiet enjoyment, reliability, timeliness and performance of the Service.
The Provider do not warrant that the Service will meet your requirements, or that the operation of the Service will be uninterrupted or error-free, or that defects in the Service will be corrected, or that encryption algorithms, associated keys and other security measures will be secure or effective. You understand and agree that no oral or written information or advice given by the Provider will create any additional warranties or in any way increase the scope of the Provider’s obligations hereunder.
To the maximum extent permitted by law, in no event will the Provider be liable to you or any third-party for any cost to procure substitute services or user data, or any direct, indirect, consequential, incidental, punitive, exemplary or any other damages, including damages for personal injury, lost profits, loss of data, loss of user data or business interruption, arising out of your use or inability to use the Service, even if the Provider have been advised about the possibility of such damages (whether such damages arise in contract, tort (including negligence) or otherwise). In any case and without limiting the foregoing, the entire combined liability of the Provider for all damages of every kind and type (whether such damages arise in contract, tort (including negligence) or otherwise) shall be limited to the subscription fees paid by you to the Provider in the 12 calendar months immediately prior to the damages arising.
If the Service is provided to you without charge, then the Provider and the resellers will have no liability to you whatsoever.
The foregoing terms set a limit on the amount of damages payable and are not intended to establish liquidated damages. You expressly recognize and acknowledge that such limitation of liability is an essential part of these terms and the Provider's agreement to provide you the Service, and is an essential factor in establishing the price of the Service. Some jurisdictions do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the foregoing terms may not apply to you.
GENERAL
These Terms and the relationship between you and the Provider will be governed by the laws of the Province of New Brunswick, CANADA. You agree to submit to the personal and exclusive jurisdiction of the courts located in Moncton, New Brunswick Canada to resolve any dispute or claim arising from these Terms.
