iBack - Terms and Conditions

Terms and Conditions

1. Description of Service:

Subject to LUCID Technologies' acceptance of Your registration and Your compliance with the terms and conditions of this Agreement, LUCID Technologies will provide You with the following service (the "Basic Service") :

(a) LUCID Technologies will establish one (1) online storage and online backup account in Your name on the iBack servers (here-after known as the "Account");

(b) LUCID Technologies will provide you with the iBack application in order for you to backup and retrieve data files to and from the iBack system.

(c) LUCID Technologies will provide updated versions of the iBack application in order to remedy vulnerabilities as they become evident.

(d) LUCID Technologies will provide you with a service that is encrypted from the time your data leaves your computer to the time it reaches the iBack servers, at which time the data will remain encrypted on the iBack servers.

(e) LUCID Technologies will initially allow you to store up to the full amount of your selected data files, according to your chosen plan, in your Account for the first month with no excess data transfer penalties (the full backup). Subsequent backups will only transfer and store changed or added data files (the incremental backup).

(f) LUCID Technologies will allow You to retrieve data files from Your Account

(g) In Your use of the Service, you are responsible for providing the following:

(i) All equipment, such as a computer and modem, necessary to access the World Wide Web;

(ii) Your own access to the World Wide Web; and

(iii) Payment of all telephone or other fees associated with such access.

2. Conditions of Use:

You are solely responsible for the content of all data You store or retrieve from, or attempt to store or retrieve from, Your Account and the Public Folders and for all transmissions by You from and to Your Account. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You will:

(a) Not use the Service for any illegal purposes;

(b) Not use the Service to store, retrieve, transmit or view any file, data, image or program that contains:

(i) any illegal pictures, materials or information;

(ii) any harassing, libellous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material of any kind or nature;

(iii) any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;

(iv) any code or material that violates the intellectual property rights of others;

(v) any Windows temporary files of any kind (including, without limitation, any *.p or ~*.* files); or

(vi) any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features;

(c) comply with Australian and other applicable law regarding the exportation and re-exportation of any data or other materials from Australia or other jurisdictions through the Service;

(d) not use the Service for any spamming, chain letters or other use that may otherwise disrupt the Service or the networks through which You access and use the Service;

(e) comply with all regulations, policies and procedures of networks through which You access and use the Service; and

(f) not access or attempt to access any Service account for which You have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account.

(g) not use sharing features in a way that amounts to 'publishing' and restrict the use of sharing features to share data between friends, colleagues and business partners, in a very limited sense.

The iBack service should not be used to sell digital content to others. It is not a media for dissemination of digital content for commercial purposes. The iBack system may use automated procedures to detect unacceptable level of usage and may immediately disable offending accounts, and the process of detection may vary from time to time, based on misuse detected. The iBack system is NOT a service for storing and disseminating large amounts of data to large number of recipients. It is an Online Storage and Backup service. LUCID Technologies is not responsible for any business interruptions that may be caused due to this process.

3. Registration Information

You will supply LUCID Technologies with all information required before you agree to these Terms and Conditions and all the required information will be true and correct. Failure to do so could result in instant termination of your service without notice.

You will promptly notify LUCID Technologies of any change in the information you originally provided on your registration form during your registration for the Service (including, without limitation, any change in your mailing address, telephone numbers or email address).

The registration information provided by you on your registration form during your registration for the Service, together with any and all updates provided by you from time to time under this paragraph, is referred to in this Agreement as the "Registration Information." LUCID Technologies 's policy regarding the privacy and use of the Registration Information is set forth in LUCID Technologies 's privacy policy, as the same may be modified and amended by LUCID Technologies from time to time (the "Privacy Policy"). When you accept this Agreement, you acknowledge that you agree to the terms of the Privacy Policy.

4. Credit Card Charges

You authorize a recurring monthly or annual charge to your credit card in exchange for use of the iBack service as indicated by published standard plans. You also agree that the enrolment for the next service period is automatic. You also agree to accept any penalty fees imposed onto LUCID Technologies due to credit card decline or cancellation.

5. Refunds

Refunds on a pro-rated basis are issued only for monthly plans. When yearly subscriptions are cancelled before the subscriptions end, refunds are issued based on a pro-rated calculation of the subscription charges at the monthly rate for the plan, for the actual number of days the account was subscribed (the number of days between the most recent yearly charges and the cancellation date). If the calculated refund amount exceeds the yearly subscription rate, then no refund is issued.

LUCID Technologies will not issue any pro-rated refunds for the remaining period during the month when an account with a monthly subscription plan ("current plan") is downgraded to a smaller plan ("new plan") (a plan that costs less per month than the current plan) during the middle of a month. However the rate applicable to the new plan will automatically be charged starting the first of the subsequent month.

6. Storage Quota Limits

The iBack system allows for use of storage space beyond the specified plan limit chosen by the user. This is designed to allow for uninterrupted backups, in case the usage exceeds the quota limits. Exceeding the storage quota limits will incur a charge at the rate of $0.12 per megabyte per Month (or part thereof). This rate may change without notice. If we are unable to execute overuse charges due to credit card denial or for whatever reasons, the user will be notified via email. In case of non-action by the user, the account may be cancelled.

7. Username and Password

After You accept this Agreement and your registration has been accepted by LUCID Technologies, you will receive an email outlining your Username (preferred or generated) and Password. LUCID Technologies will not retain this information and you are solely responsible for any consequences arising out of your failure to maintain the confidentiality of your Password. You will notify LUCID Technologies of any unauthorized use or other breach in security, of your Account immediately after you learn of the same.

If you lose your username and password, there will be no way of retrieving your backup and LUCID Technologies will not be held responsible.

8. Security of Stored Data and Files

LUCID Technologies will endeavour to restrict access to the data and files you store or retrieve from your Account to persons accessing such data and files through use of Your Account or Password. However, it may be necessary to access users accounts for support requirements.

Accounts that become delinquent, either from misuse of the service or failure to make payments, will be notified by email. Three (3) notifications will be made to the account holder and if no action is taken to rectify the delinquency, the service will be terminated and the account and all its contents (stored data files) will be saved to CD/DVD and then deleted from the iBack system. The Account holder (and only the Account holder) can purchase this CD/DVD from LUCID Technologies for the price outlined in the Recovery Service.

9. Content of Stored Data

You are solely responsible for

(i) obtaining sufficient rights to the content of all data and files stored by You on the iBack servers and

(ii) ensuring that such content does not include any of the items listed in any of the above mentioned paragraphs.

LUCID Technologies does not review, inspect, edit or monitor any content, data or files stored by any user of the Service, including, without limitation, for viruses, worms, "Trojan horses" or any other similar contaminating or destructive features.

However, if LUCID Technologies has suspicion that an account is being used for storage and distribution of any illegal material such as copy-righted content, LUCID Technologies reserves the right to terminate/suspend the account pending a full investigation. LUCID Technologies reserves the right to refuse, remove or disable access to any data or files stored on the iBack servers with immediate effect that LUCID Technologies learns may be illegal, may violate the terms of the above mentioned paragraphs, may violate the rights of any third party or otherwise may be reasonably objectionable.

10. iBack Data Redundancy

LUCID Technologies maintains daily backups of data stored on the iBack system to recover from any software/hardware failures. The iBack servers utilise hardware RAID with a mirrored system in a remote location.

11. Server Co-Location

LUCID Technologies will provide suitable rack space, power, power protection and internet access for servers located at the iBack data center. LUCID Technologies will also provide regular maintenance of servers located at the iBack data center as agreed with the you, the server owner. LUCID Technologies will notify you, the server owner, of any scheduled maintenance before the maintenance occurs and may make recommendations regarding the health of the server.

LUCID Technologies will not be responsible for any hardware failures resulting from general wear and tear. This includes fans and hard disk drives.

It is the responsibility of you, the servers owner, to ensure regular data backups are occurring and notify LUCID Technologies of any problems as soon as they arrise.

12. Disclaimer of Warranties

The transmission, storage, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. LUCID TECHNOLOGIES DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). PLEASE NOTE THAT YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. LUCID TECHNOLOGIES MAKES NO REPRESENTATION OR WARRANTY:

(a) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS;

(b) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE;

(d) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR

(e) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.

13. Limitation of Liability

IN NO EVENT SHALL LUCID TECHNOLOGIES OR ITS SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN.

14. Indemnification

You will defend, indemnify and hold LUCID Technologies, its parents, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including any attorneys' fees and costs, made by any third party due to or arising out of

(a) Your use of Your Account and the Service,

(b) any data files and content stored by You in Your Account and otherwise on the iBack servers and

15. Termination

Either you or LUCID Technologies may terminate this Agreement with or without cause at any time by giving notice of such termination to the other in the manner described in paragraph 15 below. Further, if LUCID Technologies believes that You have violated Your obligations under this Agreement, LUCID Technologies may, at its option and in addition to its other remedies, immediately and without notice, suspend Your Account, move data and files stored by You on the iBack servers to CD/DVD media and terminate this Agreement. LUCID Technologies will not be liable to You or any third party for any suspension or termination of Your Account or the Service. Should You object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately:

(a) discontinue use of the Service;

(b) terminate this Agreement; and

Upon any termination of this Agreement, LUCID Technologies will remove your stored data files from main storage and archives within a five (5) day period from termination notice. The above mentioned Paragraphs of this Agreement (and any other provision that can be reasonably construed to survive termination) will survive termination of this Agreement.

16. Notices

Any notice under this Agreement given by LUCID Technologies to You will be deemed to be properly given if sent by email to Your email address as set forth in the Registration Information or by written communication mailed by Express Post mail to Your address on record in the Registration. It is important that you maintain a correct working email id and update it if necessary to be able to receive LUCID Technologies 's communication.

Any notice under this Agreement given by You to LUCID Technologies will be deemed to be properly given if received by email sent to LUCID Technologies 's Customer Service at support@iBack.com.au, except those that are related to cancellation or termination of the account.

The Account holder is expected to login online at http://www.iBack.com.au, go to 'Cancel Account' and provide necessary information for cancellation. Sending an email to support@iBack.com.au for cancellation is not considered as a cancellation notice for security reasons.

On successful cancellation of account by the user, or by LUCID Technologies due to various reasons including non-payment for the services, user data files will be moved within a five (5) working day period from cancellation date from main storage to CD/DVD. This CD/DVD can be purchased for the prices outlined in the Data Recovery section.

17. Severability

This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then

(a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and

(b) such invalidity or unenforceability will not affect any other provision of this Agreement.

18. Modifications to this Agreement

The terms and conditions of this Agreement may be changed by LUCID Technologies from time to time. Upon any such change, LUCID Technologies will notify You of such change in accordance with the above mentioned paragraph and post an updated version of this Agreement on the iBack website located at http://www.iBack.com.au. Your use of any Services after such notification will constitute your acceptance of such changed terms and conditions.

19. Miscellaneous

Your right to use the Service is personal to you, and you will not assign any of your rights, obligations or interest in this Agreement or Your Account. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. LUCID Technologies' failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. This Agreement will be governed by the laws of the State of Victoria, without regard to its conflict of laws rules. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You consent to the venue and exclusive jurisdiction of the state and federal courts located in Victoria, Australia, with regard to any claim arising under or otherwise occurring by reason of this Agreement or Your use of the Service or Your Account. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.