Terms of Use
1. Introduction
Welcome to Big Fish Technology (“Company”, “we”, “our”, “us”). These Terms of Use (“Terms”) govern your use of Big Fish Backup services (“Service”). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Service.
2. Eligibility
You must be at least 18 years old to use our Service. By using our Service, you represent and warrant that you meet this age requirement.
3. Account Registration
To use our Service, an account will be created on your behalf.
4. Use of Service
You agree to use our Service only for lawful purposes and in accordance with these Terms. You are responsible for all data you upload, store, and share through our Service. You must not use our Service to:
Violate any applicable laws or regulations.
– Infringe on the intellectual property rights of others.
– Upload or distribute viruses or any other harmful code.
– Engage in any activity that disrupts or interferes with our Service.
5. Data Security and Privacy
We are committed to protecting your data. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and protect your information. By using our Service, you agree to the terms of our Privacy Policy.
6. Data Backup and Recovery
While we strive to provide reliable data backup services, we do not guarantee that your data will be backed up without error or interruption. You are responsible for maintaining your own backup copies of your data. In the event of data loss, we will make reasonable efforts to recover your data, but we do not guarantee recovery.
7. Fees and Payment
Our Service is offered on a complimentary basis as part of our support subscription services. We reserve the right to change our fees at any time, with notice to you. If you do not agree to the new fees, you may cancel your subscription.
8. Termination
We may terminate or suspend your access to our Service at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use our Service will immediately cease.
9. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use our Service; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from our Service; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through our Service; and/or (f) the defamatory, offensive, or illegal conduct of any third party.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of Georgia, located in the United States, without regard to its conflict of law provisions.
11. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of our Service after any such changes constitutes your acceptance of the new Terms.
12. Changes to the Service
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service.
13. Contact Us
If you have any questions about these Terms, please contact us at [email protected].
Welcome to Big Fish Technology (“Company”, “we”, “our”, “us”). These Terms of Use (“Terms”) govern your use of Big Fish Backup services (“Service”). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Service.
2. Eligibility
You must be at least 18 years old to use our Service. By using our Service, you represent and warrant that you meet this age requirement.
3. Account Registration
To use our Service, an account will be created on your behalf.
4. Use of Service
You agree to use our Service only for lawful purposes and in accordance with these Terms. You are responsible for all data you upload, store, and share through our Service. You must not use our Service to:
Violate any applicable laws or regulations.
– Infringe on the intellectual property rights of others.
– Upload or distribute viruses or any other harmful code.
– Engage in any activity that disrupts or interferes with our Service.
5. Data Security and Privacy
We are committed to protecting your data. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and protect your information. By using our Service, you agree to the terms of our Privacy Policy.
6. Data Backup and Recovery
While we strive to provide reliable data backup services, we do not guarantee that your data will be backed up without error or interruption. You are responsible for maintaining your own backup copies of your data. In the event of data loss, we will make reasonable efforts to recover your data, but we do not guarantee recovery.
7. Fees and Payment
Our Service is offered on a complimentary basis as part of our support subscription services. We reserve the right to change our fees at any time, with notice to you. If you do not agree to the new fees, you may cancel your subscription.
8. Termination
We may terminate or suspend your access to our Service at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use our Service will immediately cease.
9. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use our Service; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from our Service; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through our Service; and/or (f) the defamatory, offensive, or illegal conduct of any third party.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of Georgia, located in the United States, without regard to its conflict of law provisions.
11. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of our Service after any such changes constitutes your acceptance of the new Terms.
12. Changes to the Service
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service.
13. Contact Us
If you have any questions about these Terms, please contact us at [email protected].
Data Security and Privacy Policy
1. Introduction
At Big Fish Technology (“Company”, “we”, “our”, “us”), we are committed to protecting your privacy and ensuring the security of your data. This Data Security and Privacy Policy (“Policy”) explains how we collect, use, and protect your information when you use our Big Fish Backup services (“Service”).
2. Information We Collect
We may collect the following types of information:
– Personal Information: Information that can be used to identify you, such as your name, email address, phone number, and payment information.
– Usage Data: Information about how you use our Service, including your IP address, browser type, and operating system.
– Backup Data: The data you upload, store, and share through our Service.
3. How We Use Your Information
We use your information for the following purposes:
– To provide, maintain, and improve our Service.
– To process your transactions and manage your account.
– To communicate with you, including sending you updates and notifications.
– To protect the security and integrity of our Service.
– To comply with legal obligations.
4. Data Security
We implement a variety of security measures to protect your data from unauthorized access, use, or disclosure. These measures include:
– Encryption: We use encryption to protect your data both in transit and at rest.
– Access Controls: We restrict access to your data to authorized personnel only.
– Regular Audits: We conduct regular security audits to identify and address potential vulnerabilities.
5. Data Retention
We retain your data for as long as necessary to provide our Service and fulfill the purposes outlined in this Policy. If you delete your account, we will delete your data, except where we are required to retain it for legal or regulatory reasons.
6. Sharing Your Information
We do not sell, trade, or otherwise transfer your personal information to outside parties, except as described in this Policy. We may share your information with:
– Service Providers: Third-party service providers who assist us in operating our Service and conducting our business.
– Legal Requirements: When required by law or to protect our rights, property, or safety.
7. Your Rights
You have the following rights regarding your information:
– Access: You can request access to the personal information we hold about you.
– Correction: You can request that we correct any inaccurate or incomplete information.
– Deletion: You can request that we delete your personal information, subject to certain exceptions.
– Objection: You can object to the processing of your personal information in certain circumstances.
8. Changes to This Policy
We may update this Policy from time to time. We will notify you of any changes by posting the new Policy on our website. Your continued use of our Service after any such changes constitutes your acceptance of the new Policy.
9. Contact Us
If you have any questions about this Policy, please contact us at [email protected].
At Big Fish Technology (“Company”, “we”, “our”, “us”), we are committed to protecting your privacy and ensuring the security of your data. This Data Security and Privacy Policy (“Policy”) explains how we collect, use, and protect your information when you use our Big Fish Backup services (“Service”).
2. Information We Collect
We may collect the following types of information:
– Personal Information: Information that can be used to identify you, such as your name, email address, phone number, and payment information.
– Usage Data: Information about how you use our Service, including your IP address, browser type, and operating system.
– Backup Data: The data you upload, store, and share through our Service.
3. How We Use Your Information
We use your information for the following purposes:
– To provide, maintain, and improve our Service.
– To process your transactions and manage your account.
– To communicate with you, including sending you updates and notifications.
– To protect the security and integrity of our Service.
– To comply with legal obligations.
4. Data Security
We implement a variety of security measures to protect your data from unauthorized access, use, or disclosure. These measures include:
– Encryption: We use encryption to protect your data both in transit and at rest.
– Access Controls: We restrict access to your data to authorized personnel only.
– Regular Audits: We conduct regular security audits to identify and address potential vulnerabilities.
5. Data Retention
We retain your data for as long as necessary to provide our Service and fulfill the purposes outlined in this Policy. If you delete your account, we will delete your data, except where we are required to retain it for legal or regulatory reasons.
6. Sharing Your Information
We do not sell, trade, or otherwise transfer your personal information to outside parties, except as described in this Policy. We may share your information with:
– Service Providers: Third-party service providers who assist us in operating our Service and conducting our business.
– Legal Requirements: When required by law or to protect our rights, property, or safety.
7. Your Rights
You have the following rights regarding your information:
– Access: You can request access to the personal information we hold about you.
– Correction: You can request that we correct any inaccurate or incomplete information.
– Deletion: You can request that we delete your personal information, subject to certain exceptions.
– Objection: You can object to the processing of your personal information in certain circumstances.
8. Changes to This Policy
We may update this Policy from time to time. We will notify you of any changes by posting the new Policy on our website. Your continued use of our Service after any such changes constitutes your acceptance of the new Policy.
9. Contact Us
If you have any questions about this Policy, please contact us at [email protected].
Service Level Agreement (SLA)
– Service Level
Big Fish Technology (“we”, “us” or “our”) agrees to provide the Customer (“you”, “your” or “customer”) Big Fish Backup online backup services (the “Service”) for your computer and any subsequent computers that you may opt for backup as described in the our managed support subscription contract. For purposes of this SLA “Data” shall be deemed to include any information transmitted from your computer using the Service.
-Data Protection
Backup configurations can be set to run periodically, typically on a daily scheduled basis through our software agent (“Agent”). When a backup configuration is running, only changes to files and databases selected for backup on the computer are captured by our Agent and immediately queued for transmission to our servers. It is critical that the computer(s) from which you choose to opt for a backup job has a stable Internet connection to facilitate the necessary data transfer for successful backups.
-Historical Data Protection
After the initial backup of a computer has been completed, subsequent backups of the same data (files/backup jobs) on such computers would be versioned up to a maximum of 30 historical versions. This means that the first backup performed is a complete full backup and the subsequent backup of the file(s)/backup sets would be incremental and versioned thereby facilitating retrieval of previous versions of the file(s)/backup sets.
-Internet-Based Restore
Restore time over the network is limited by your connection bandwidth speed and quality and may reach speeds of approximately 1.5 Mbps. At speeds faster than 1.5 Mbps, other factors may limit network restore times. Network performance, data compressibility and end user systems may affect restore times.
-The Service
To use the Service, an Agent is downloaded and installed from our website to each computer to be backed-up your. Once configured and launched, the Agent replicates and synchronizes the selected Data in its entirety (the “Initial Backup”) to one of our offsite data storage backup servers. After the initial backup, only changes to files and databases selected for backup on the computer are sent to the backup servers.
We manage the service through a client interface within the Agent that is personalized with your custom content. This is the only interface provided with the Service.
From time-to-time this Service Level Agreement SLA may change. A modification may include, but is not limited to, changes in system requirements, restrictions, limitations, or bandwidth requirements. You may be notified via electronic mail and/or through a website posting. You are responsible for ensuring that your system conforms to any updated restrictions, limitations or requirements.
In the event that your use of the Service is adversely affecting the operation of the Service, your Service may be terminated by us without liability to Big Fish Technology., its suppliers or other end users. If your use of the Service is adversely affecting the effectiveness of the Service for other end users, or to preserve system integrity or prevent network abuse, a notice shall be provided to you via e-mail promptly following such emergency termination. You are responsible for updating us as to any changes to your email and contact information to facilitate communication of these notices by updating your profile information via the web interface.
We provide assurance that our Services will be accessible at least 99.9% of the time at its data center via one of the designated access methods, which may include the product Agent and/or the Service’s web interface. If there is not more than a five percent user error rate, the service will not be considered to be experiencing ‘downtime’. Downtime is measured based on server-side error rate. This does not provide assurance on the actual backup and restore execution since it is dependent on various factors that include network connectivity of your computer and the route from your computer to our Servers on which we have little control. In the event the service is not available at the data center for times that exceed the limits mentioned above when computed on a yearly basis from a point in time, the liability would be limited to the user’s prorated charges for the outage time.
Big Fish Technology (“we”, “us” or “our”) agrees to provide the Customer (“you”, “your” or “customer”) Big Fish Backup online backup services (the “Service”) for your computer and any subsequent computers that you may opt for backup as described in the our managed support subscription contract. For purposes of this SLA “Data” shall be deemed to include any information transmitted from your computer using the Service.
-Data Protection
Backup configurations can be set to run periodically, typically on a daily scheduled basis through our software agent (“Agent”). When a backup configuration is running, only changes to files and databases selected for backup on the computer are captured by our Agent and immediately queued for transmission to our servers. It is critical that the computer(s) from which you choose to opt for a backup job has a stable Internet connection to facilitate the necessary data transfer for successful backups.
-Historical Data Protection
After the initial backup of a computer has been completed, subsequent backups of the same data (files/backup jobs) on such computers would be versioned up to a maximum of 30 historical versions. This means that the first backup performed is a complete full backup and the subsequent backup of the file(s)/backup sets would be incremental and versioned thereby facilitating retrieval of previous versions of the file(s)/backup sets.
-Internet-Based Restore
Restore time over the network is limited by your connection bandwidth speed and quality and may reach speeds of approximately 1.5 Mbps. At speeds faster than 1.5 Mbps, other factors may limit network restore times. Network performance, data compressibility and end user systems may affect restore times.
-The Service
To use the Service, an Agent is downloaded and installed from our website to each computer to be backed-up your. Once configured and launched, the Agent replicates and synchronizes the selected Data in its entirety (the “Initial Backup”) to one of our offsite data storage backup servers. After the initial backup, only changes to files and databases selected for backup on the computer are sent to the backup servers.
We manage the service through a client interface within the Agent that is personalized with your custom content. This is the only interface provided with the Service.
From time-to-time this Service Level Agreement SLA may change. A modification may include, but is not limited to, changes in system requirements, restrictions, limitations, or bandwidth requirements. You may be notified via electronic mail and/or through a website posting. You are responsible for ensuring that your system conforms to any updated restrictions, limitations or requirements.
In the event that your use of the Service is adversely affecting the operation of the Service, your Service may be terminated by us without liability to Big Fish Technology., its suppliers or other end users. If your use of the Service is adversely affecting the effectiveness of the Service for other end users, or to preserve system integrity or prevent network abuse, a notice shall be provided to you via e-mail promptly following such emergency termination. You are responsible for updating us as to any changes to your email and contact information to facilitate communication of these notices by updating your profile information via the web interface.
We provide assurance that our Services will be accessible at least 99.9% of the time at its data center via one of the designated access methods, which may include the product Agent and/or the Service’s web interface. If there is not more than a five percent user error rate, the service will not be considered to be experiencing ‘downtime’. Downtime is measured based on server-side error rate. This does not provide assurance on the actual backup and restore execution since it is dependent on various factors that include network connectivity of your computer and the route from your computer to our Servers on which we have little control. In the event the service is not available at the data center for times that exceed the limits mentioned above when computed on a yearly basis from a point in time, the liability would be limited to the user’s prorated charges for the outage time.