Backblaze Terms of Service


Updated 11/3/09
PLEASE READ BEFORE USING BACKBLAZE PRODUCTS

This is a legal agreement between you as an individual and Backblaze, Inc. ("Backblaze"), and governs the terms and conditions of your use of Backblaze Products (as defined below) and any updates that may be provided. This Agreement, along with any written documentation expressly incorporated herein by reference and published from time to time by Backblaze (collectively, the "Agreement"), constitutes the entire agreement between Backblaze and you regarding Backblaze Products, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.

Definition of Terms
a. Backblaze, Inc. is referred to herein as "Backblaze," "we," "us," or "our."
b. You, as the user, are referred to herein as "you," "user," or "customer."
c. Backblaze software (whether preinstalled, on a medium, or offered by download), Backblaze services, Backblaze websites (including, without limitation, www.backblaze.com) and all other software, features, tools, websites, documentation and services provided by Backblaze, Inc. are referred to herein as “Backblaze Products”, “Products”, “Software” or “Services”.
d. Access, installation, usage, and/or registration of Backblaze Products are referred to herein as “use” or “usage”.

To Use Backblaze Products You Must Agree to these Terms of Service
By using a Backblaze Product, you agree to these terms and conditions ("Terms of Service") and the Backblaze Privacy Policy. Each time you use a Backblaze Product, you reaffirm your acceptance of the then-current Terms of Service. If you do not wish to be bound by these Terms of Service, you may discontinue using the Backblaze Products. You cannot use Backblaze Products until you have accepted these Terms of Service. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Service.

Acceptable Use
You are solely responsible for your conduct and your data related to the Service. The Products are made available to you only for your personal use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. You may not make commercial use of the Software or service, including but not limited to selling or distributing the Software and/or Service to any third party.

You agree to defend, indemnify and hold harmless Backblaze, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Backblaze Products.

Product License
Backblaze and its vendors grant you a personal, non-exclusive, non-transferable limited license to install the Products distributed by Backblaze in object code form only on any computer or device from which you wish to access the Backblaze service for the sole and exclusive purpose of using the Backblaze Products in accordance with these Terms of Service.

You agree to install and use a paid subscription to any of the Backblaze Products on only one device at a time. If you wish to protect multiple devices, each requires a separate paid subscription.

Restrictions on Use of Products
You may access Backblaze Products only through the interfaces and protocols provided or authorized by Backblaze. You agree that you will not access Backblaze Products through unauthorized means. You may not obtain the communications protocol for accessing the Backblaze service, the Backblaze Products, or any other Backblaze services. Backblaze may offer Products that limit the time, type of files, storage space, or other features. You agree not to attempt to circumvent these limitations in any way.

Equipment
You are responsible for obtaining your own Internet access, such as maintaining all telephone, computer hardware and other equipment needed to use the Backblaze Products. Any charges incurred by you to access Backblaze are your responsibility.

User Accounts and Passwords
You are responsible for keeping your password secure. You will be 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 be able to access your Data.

Changes to the Service
Backblaze occasionally will provide automatic upgrades to improve your Backblaze experience, although these upgrades may not be consistent across all platform and devices. You agree to take no action to interfere with such automatic upgrades, scanning, and related services. Backblaze has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Backblaze Products including, but not limited to, the software, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on Backblaze servers on your behalf, or the availability of Backblaze Products on any particular device or communications service. Backblaze has no obligation to provide you with notice of any such changes.

Fair Use
Backblaze reserves the right to terminate or suspend accounts of users who violate these Terms of Service or who Backblaze deems, in its sole discretion, to be “abusers.” Such users may be notified prior to suspension or termination of their accounts; however, Backblaze is not required to provide prior notice. Any failure by Backblaze to enforce this policy will not preclude us from enforcing it at anytime in the future, whether for past or current violations.

Intellectual Property
You may not sell, assign, grant a security interest in or otherwise transfer any right in the Products or incorporate them (or any portion of them) into another product. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Software. You may not modify the Products or use them in any way not expressly authorized by these Terms of Service. You may not authorize or assist any third party to do any of the things described in this paragraph.
All trademarks appearing on the Backblaze Products are the property of their respective owners, including, without limitation, Backblaze, Inc.

Data Collection and Privacy Policy
Backblaze Products may require you to register and provide certain personal information to Backblaze, such as name, e-mail address, date of birth, zip code (the "Personal Information"). If you register for any Backblaze Product, you agree to provide accurate and complete Personal Information and you agree to keep such information current.
The Backblaze Privacy Policy describes how Backblaze collects and uses Personal Information. You consent to Backblaze’s use of your Personal Information under the terms of the Backblaze Privacy Policy available at www.backblaze.com/privacy.

Disclaimer of Warranty; Limitation of Liability
DISCLAIMER OF WARRANTIES. YOUR USE OF BACKBLAZE PRODUCTS IS AT YOUR SOLE RISK. THE BACKBLAZE PRODUCTS ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, BACKBLAZE AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE BACKBLAZE PRODUCTS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. BACKBLAZE AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE BACKBLAZE PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE BACKBLAZE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE BACKBLAZE PRODUCTS WILL BE CORRECTED. BACKBLAZE AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BACKBLAZE PRODUCTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. BACKBLAZE PROVIDES THE BACKBLAZE PRODUCTS ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE BACKBLAZE PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING.
LIMITATION OF LIABILITY. BACKBLAZE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH BACKBLAZE (INCLUDING WITHOUT LIMITATION YOUR USE OF THE BACKBLAZE PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE BACKBLAZE PRODUCTS. BACKBLAZE AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY DAMAGE, OR ANY OTHER CLAIM RELATED IN ANY WAY FROM YOUR USE OF BACKBLAZE PRODUCTS. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF BACKBLAZE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BACKBLAZE AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Modifications to the Terms of Service
In the event that Backblaze makes material changes to these Terms of Service, all current Backblaze customers and trial users will be notified via email at least 15 days before the modified Terms of Service go into effect. Backblaze will email users at the email address(es) provided by each user and is not responsible for invalid addresses or undeliverable email. The modified Terms of Service will be posted on our website at least 15 days in advance of the effective date. You agree to the new posted Terms of Service by continuing your use of the Backblaze Products. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using Backblaze Products and cancel your registration.

The provisions of these Terms of Service addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property and governing law shall survive the termination of these Terms of Service.

Contacting Backblaze
Users with questions about this Agreement or the Privacy Policy may contact Backblaze.