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  IBC Online Services  
 


Terms & Conditions

You have selected to register for use of the IBC Online Services Limited; (IBC); IBC DataBank backup and restore service (the "Service"). The Service is provided to you under the terms and conditions set forth in these Terms and Conditions of Use ("Agreement").

1 Description of Services
2 Conditions of Use
3 Software Licence
4 Registration Information/Credit Card Charges
5 Use of IP Addresses
6 Account and Password
6.1 Encryption Passphrase system
6.2 Main (Administrative) Account and Additional Accounts
7 Security of Stored Data and Files
8 Content of Stored Data and Files
9 Backups of your data
10 Disclaimer of Warranties
11 Limitations of Liability
12 Indemnification
13 Termination
14 Notices
15 Severability
16 Modifications to this Agreement
17 Miscellaneous

1 Description of Services
Subject to IBC's acceptance of your registration and your compliance with the terms and conditions of this Agreement, IBC will provide you with the following service (the "Basic Service"): (a) IBC will establish one (1) online storage account in your name on the IBC servers (the "Account"); (b) IBC will allow you free storage period of 14 days which will allow you to store the data as per the quota set by the chosen plan. On completion of the free period the subscription fee for the chosen plan becomes payable. (c) IBC will allow you to retrieve data files from Your Account; and (d) 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. IBC provides an extensive range of services. It is possible that one or more of these services may not be available at certain times. Refer to the home page to get the current status on the services.

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, 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 offense, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation; (iv) any code or material that violates the intellectual property rights of others; (v) or any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features; (c) comply with Hong Kong SAR and other applicable law regarding the exportation and re-exportation of any data or other materials from the Hong Kong SAR 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. (h) IBC DataBank service should not be used to sell digital content to others. It is not a media for dissemination of digital content for commercial purposes. IBC may use automated procedures to detect unacceptable levels of usage and may immediately disable offending accounts. The process of detection may vary from time to time, based on misuse detected. IBC DataBank is NOT a service for storing and disseminating large amounts of data to a large number of recipients. It is an Online Storage and Backup service. IBC is not responsible for any business interruptions that may be caused due to this process.
Any link(s) provided through a web site or a mass email to download/upload files stored within IBC DataBank Accounts is completely unacceptable and would be considered a violation of terms as per the (g) clause mentioned above.

3 Software Licence
IBC DataBank software is licensed for one machine only. If you require additional licences these may be purchased from IBC Online Services Limited.
You may not transfer this software, electronically or otherwise, and you may not make any copies of this software. You may not assign or grant sub licenses or leases, or permit your copy or other copies of this software to be distributed to others. You may not reverse engineer, disassemble, reverse, translate, or in any way derive from this software any source code form.

4 Registration Information/Credit Card Charges

You will promptly notify IBC of any change in the information you provide 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." IBC's policy regarding the privacy and use of the Registration Information is set forth in IBC's privacy policy, as the same may be modified and amended by IBC from time to time (the "Privacy Policy"). When you accept this Agreement, you acknowledge that you agree to the terms of the Privacy Policy.

You agree that payment is required to us prior to service/product delivery and you agree to pay all invoices issued in exchange for use of the IBC DataBank service as indicated by published standard plans or a customized quote provided for your specific use within 14 days of the date of issue. You also agree that the enrolment for the next service period is automatic. Refunds on a pro-rated basis are issued only for annual plans. When yearly subscriptions are cancelled before the subscription ends 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 months the account was subscribed (the number of months between the most recent yearly charges and the end of the cancellation month). If the calculated refund amount exceeds the yearly subscription, then no refund is issued.

5 Use of IP Addresses
An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. IBC may collect IP addresses for the purposes of system administration to audit the use of our site. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our house rules or terms of service or to protect our service, site, customers, or others. Some services and Emails sent from IBC, such as registration related ones, may display IP addresses along with the message.

6 Account and Password
After you accept this Agreement and your registration has been accepted by IBC, your Account will be established. You are solely responsible for any consequences arising out of your failure to maintain the confidentiality of Your Password/encryption password. You will notify IBC of any unauthorized use or other breaches in security of Your Account immediately after you learn of the same.

6.1 Encryption Passphrase system

IBC DataBank provides optional encryption of data on storage with a user defined digital key known only to the user and no one else. Even the IBC personnel do not have access to this key as it is not stored on the IBC DataBank servers. It is very important that you store this key in a safe place and maintain this key in printed form for easier reference. Any data backed up using IBC DataBank can only be retrieved using this key and if you forget or misplace this key then your data may not be retrievable. IBC is NOT responsible for loss of data arising as a result of such cases.
If you are installing the IBC DataBank application on a fresh machine, re-enter the encryption password key correctly.

IF YOU ENTER AN INCORRECT ENCRYPTION PASSWORD KEY, YOUR DATA WILL NOT BE RETRIEVED CORRECTLY.

The default option now is to have the system choose the key for encryption on storage for ease of use. This will not provide the data security as outlined above. While the data is still encrypted on storage, your basic account credentials are sufficient to access the data. Based on your privacy and security needs, you need to make an appropriate choice.

6.2 Main (Administrative) Account and Additional Accounts
IBC DataBank may allow one account to create multiple additional accounts based on the plan chosen. This feature is designed to allow for easy central administration of accounts. However, this may also mean that the main account holder may have read/write access to certain information related to Additional Accounts including their profile, Backup set, schedule and even data if there is no private encryption key set. Main account holder may also have rights to cancel the Additional Accounts.

7 Security of Stored Data and Files
IBC 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, no password-protected system of data storage and retrieval can be made entirely impenetrable. Accordingly, you hereby acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify and distribute the data and files you store in Your Account. For maximum privacy and security, we recommend that you choose the user defined private key option for your IBC DataBank account.

8 Content of Stored Data and Files

You are solely responsible for (a) obtaining sufficient rights to the content of all data and files stored by you on IBC's servers and (b) ensuring that such content does not include any of the items listed in paragraph 2(b) above. IBC cannot review, inspect, edit or monitor any content, data or files stored by you or any other user of the Service, including, without limitation, for viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. However, if IBC has suspicion that an account is being used for storage and distribution of any illegal material such as copy-righted content, IBC reserves the right to examine the online storage and backup account. IBC reserves the right to refuse, remove or disable access to any data or files stored on IBC's servers with immediate effect that IBC learns may be illegal, may violate the terms of paragraph 2 above, may violate the rights of any third party or otherwise may be objectionable.

9 Backups of your data
IBC may maintain regular backups of data to recover from any software/hardware failures. However, the most important step for a reliable backup is at the user end; user is expected to view and verify the logs periodically to insure that the backups do take place successfully, and take necessary corrective action if there are errors. User is also expected to periodically upgrade the backup client to the most recent version for improved reliability of backups.

10 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. IBC, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS 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). YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. IBC 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; (C) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (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.

11 Limitations of Liability

IN NO EVENT SHALL IBC OR ITS ADVERTISERS OR 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.

12 Indemnification
You will defend, indemnify and hold IBC, its parents, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable 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 IBC servers and (c) any violation of this Agreement by you.

13 Termination
Either you or IBC 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 14 below. Further, if IBC believes that you have violated your obligations under this Agreement, IBC may, at its option and in addition to its other remedies, immediately and without notice, suspend Your Account, remove and destroy data and files stored by you on IBC's servers and/or terminate this Agreement. IBC 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 (c) notify IBC of such termination. Upon any termination of this Agreement, IBC will remove your stored data files from main storage and archives immediately. Paragraphs 8, 9, 10, 11, 12, 13, 14 and 15 of this Agreement (and any other provision that can be reasonably construed to survive termination) will survive termination of this Agreement.

14 Notices
Any notice under this Agreement given by IBC 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 a start-up screen that starts before your next use of the Service or by written communication mailed to your address on record in the Registration Information or by a display about the changed information in the agreement on the index page if the change is generic. It is important that you maintain a correct working email id and update it if necessary to be able to receive IBC's communication. Any notice under this Agreement given by you to IBC will be deemed to be properly given if received by email sent to IBC's Customer Service at support@ibconline.com.hk. On cancellation of an account by the user, or by IBC due to various reasons including non-payment for the services, user data files will be removed immediately.

15 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.

16 Modifications to this Agreement
The terms and conditions of this Agreement may be changed by IBC from time to time. Upon any such change, IBC will notify you of such change in accordance with paragraph 14 above and post an updated version of this Agreement on the IBC website located at http://www.ibconline.com.hk. Your use of any Services after such notification will constitute your acceptance of such changed terms and conditions.

17 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. IBC's 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 Hong Kong SAR, without regard to its conflict of laws rules. You consent to the venue and exclusive jurisdiction of the courts located in the Hong Kong SAR, 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.

By checking the agreement box you acknowledge that you have read, understood and accept the above terms and conditions of use.

 

 
           
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