Up4Business T&C's - UP4Business

Up4Business365

User shall comply with Up4Business’s then current Specific Terms & Conditions (“STC”), as amended, modified or updated from time to time by Up4Business, and other Terms and Conditions (collectively called “Up4Business Terms and Conditions”) which are made available via the Up4Business Web site, as well as at the software developers applicable location on the Internet or otherwise available to the User.

The User acknowledges having read and understood these Specific Terms and Conditions as well as any document comprising the Up4Business Terms and Conditions. By placing a Service order, the User accepts the Up4Business Terms and Conditions in their entirety and without reservation. It is the sole responsibility of the User to check at regular intervals and in any case before using the Service said Up4Business Terms and Conditions. The Up4Business Terms and Conditions shall remain in effect for the entire term of the contractual relationship and any events or circumstances arising thereof.

The Up4Business Terms and Conditions in its entirety shall consist of: the Up4Business General Terms of Service (as may be modified from time to time and available on the Up4Business website), these Specific Terms and Conditions, the ISV Terms included in the Specific Terms and Conditions and any applicable additional terms of use and/or license pertaining to the Service.

In the event of an inconsistency between a term or condition contained in any document of the Up4Business Terms and Conditions, including any incorporated attachments, appendices, exhibits or other documents, the order of precedence, from the most to the least controlling, shall be:

- The ISV Terms ;
- These Specific Terms and Conditions;
- The Up4Business General Terms of Service; and
- Any other terms.

Article 1. Terms and conditions of associated computer programs

The Service consists of more computer programs that are subjected to their distinct Specific Terms and Conditions. Any User is responsible for compliance with all the obligations set forth in the Specific Terms and Conditions of the computer programs listed hereof:

The Terms and conditions of associated operating systems can be found under:

Windows:
http://www.microsoft.com/About/Legal/EN/US/IntellectualProperty/Copyright/d efault.aspx

The Terms and conditions of associated software can be found under:
Microsoft Hosted Exchange 2010
http://www.Up4Business.com/sites/Up4Business/files/media/myUp4Business/Microsoft%20 Hosted%20Exchange%202010%20- %20Specific%20Terms%20and%20Conditions.pdf

Microsoft SharePoint 2010
http://www.Up4Business.com/sites/Up4Business/files/media/myUp4Business/Microsoft%20 SharePoint%202010%20-%20Specific%20Terms%20and%20Conditions.pdf

Windows Shared Web Hosting
http://www.Up4Business.com/sites/Up4Business/files/media/myUp4Business/Windows%20 Shared%20Web%20Hosting%20- %20Specific%20Terms%20and%20Conditions.pdf

BackupAgent
http://www.Up4Business.com/sites/Up4Business/files/media/myUp4Business/BackupAgent %20-%20Specific%20Terms%20and%20Conditions.pdf

CakeMail
http://www.Up4Business.com/sites/Up4Business/files/media/myUp4Business/Cakemail%20 -%20Specific%20Terms%20and%20Conditions.pdf

StopTheHacker
http://www.Up4Business.com/sites/Up4Business/files/media/myUp4Business/StopTheHack er%20-%20Specific%20Terms%20and%20Conditions.pdf

Microsoft Dynamics CRM 2011
http://www.Up4Business.com/sites/Up4Business/files/media/myUp4Business/Microsoft%20 Dynamics%20CRM%202011%20- %20Specific%20Terms%20and%20Conditions.pdf

Migration Specific Terms of Conditions

- The ISV Terms ;
- These Specific Terms and Conditions;
- The Up4Business General Terms of Service; and
- Any other terms.

Definitions

User means any natural or legal person, company, corporation or any other entity benefiting directly or indirectly from the Service. For the avoidance of doubt, benefiting includes but is not limited to ordering, accessing and using the Service.

User Data or User Content: means any form of content such as video, text files, databases, digital images, audio files and any other form of media stored on or transiting via the Service.

Article 1. User’s Responsibilities 1.1 License & Registration Data

User authorizes Up4Business to move or export user’s data from a database or repository (remote server) to one of the user’s choice (destination server).

For that purpose, User will provide:
- url of the remote server
- url of the destination server
- accurate, current and complete user names and passwords (registration data) that grant access to the remote server and the destination server.

Except for the rights expressly granted above, Up4Business is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with User.

1.2 Registration Data modification
Up4Business will notify the User of the accomplishment of the migration service. User will change immediately upon reception of the notification any registration data provided to Up4Business.

USER UNDERSTANDS THAT ANY PERSON WITH ACCURATE USER NAMES AND PASSWORDS WILL BE ABLE TO ACCESS THE DATA STORED ON USER’S SERVERS. ANY FAILURE ON THE USER’S PART TO CHANGE THE REGISTRATION DATA PROVIDED TO UP4BUSINESS COULD LEAD TO SECURITY BREACHES. UP4BUSINESS WILL NOT ACCEPT ANY LIABILITY ARISING OUT OF SUCH CIRCUMSTANCES.

Article 2. Backups
User is solely responsible for making back-up copies of User Content. Up4Business does not maintain backup copies of User Content. Up4Business cannot guarantee that User Content will never be deleted or corrupted. Users should always copy all content to a local computer and Up4Business strongly suggest that Users make an additional copy (on tape, CD, multiple floppy disks, another desktop, or elsewhere) to ensure the availability of the files. IT IS THE USER’S SOLE RESPONSIBILITY TO MAKE OFFLINE, BACK-UP COPIES OF THE USER CONTENT AND DATA. NOTE: IT IS ESSENTIAL THAT USERS BACKUP FILES OFFLINE.

Article 3. ISV Terms
Up4Business uses the Bittitan software to provide the Service. The Bittitan software is subjected to the Bittitan terms and conditions (the “ISV Terms”). Any User is responsible for compliance with all the obligations set forth in the ISV terms, which are always available under:

http://www.bittitan.com/Public/TermsOfService.aspx