Terms of Use
Last Updated: January 15, 2025
Welcome to VMOBACKUP.COM (together with its Content, the “Site”). Please read the following Terms of Use (“Terms”) carefully before using this Site so that you (“You” or “Your”) are aware of Your legal rights and obligations with respect to VMOBACKUP.COM, its affiliates, and subsidiaries (individually and collectively, “VMOBACKUP.COM” or “We”) and the services offered through the Site. VMOBACKUP.COM is a company that provides cloud-based automated data backup services which are offered through the Site (the “Cloud Backup Services”). These Terms apply to Your use of the Site as well as to Your subscription to and use of the Cloud Backup Services, if You elect to subscribe.
Section 4 below includes specific terms applicable only to subscribers of the Cloud Backup Services.
We reserve the right, at our discretion, to modify these Terms, which modification will be effective 30 days following the posting of the modification to the Site, and will apply to causes of action arising after the effective date of the change. We will inform You regarding such modifications by posting the latest changes on the Site. If You have subscribed to the Cloud Backup Services or provided us with Your email address, we may also notify You of changes to these Terms via email. Your continued use of this Site or of the Cloud Backup Services, as applicable, 30 days following the posting of changes to these Terms will mean You accept those changes.
By using or visiting this Site, including without limitation contributing to or viewing the Site’s Content (as defined below), You signify Your acceptance of:
- These Terms; and
- VMOBACKUP.COM’s privacy policy available at Privacy Policy, which describes our collection, use, and disclosure practices regarding any personal information that You provide to us through the Site and the steps we take to protect it.
These Terms apply to all users of the Site, including subscribers of the Cloud Backup Services. If You do not agree to these Terms or the Privacy Policy, please do not access or otherwise use the Site or any information contained herein, including the Cloud Backup Services.
General Use
VMOBACKUP.COM hereby grants You permission to use the Site, provided that:
- You will not copy, distribute, or modify any part of the Site without VMOBACKUP.COM's prior written authorization;
- You will not transmit and/or upload any Content that contains software viruses or other harmful computer code, files, or programs;
- You will not disrupt servers or networks connected to the Site; and
- You comply with these Terms.
Account Creation
To access certain services on the Site, You may have to create an account. You must provide accurate and complete information. You are solely responsible for the activity that occurs in Your account, and You must keep Your account password secure. Notify VMOBACKUP.COM immediately of any breach of security or unauthorized use of Your account. VMOBACKUP.COM supports multi-factor authentication and recommends enabling it.
Automated Use Restrictions
You agree not to use or launch any automated system, such as "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to VMOBACKUP.COM’s servers than a human could reasonably produce using a conventional web browser. VMOBACKUP.COM reserves the right to revoke these exceptions at its discretion.
Termination
VMOBACKUP.COM, at its sole discretion, reserves the right to terminate Your access to the Site with or without cause, immediately.
Ownership of Content
The content on the Site, including text, documents, descriptions, products, software, graphics, photos, sounds, videos, and interactive features ("Content"), and the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to VMOBACKUP.COM.
Data Ownership
For clarity, Content does not include any Data (as defined in Section 4) that You back up using the Cloud Backup Services. VMOBACKUP.COM does not acquire any ownership rights in or to Your Data.
Usage Limitations
If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent or interfere with security-related features of the Site or features that prevent or restrict the use of any Content.
Trademarks
"VMOBACKUP.COM," the VMOBACKUP.COM logo, and other Marks are the property of VMOBACKUP.COM or its affiliates. All other trademarks, service marks, and logos used on the Site are the property of their respective owners.
General Terms for Cloud Backup Services
To use the Cloud Backup Services, You must create a user account and select the cloud-based services to be backed up (the "Data"). Once the backup process is completed, You will be able to monitor and restore the Data.
VMOBACKUP.COM will only access Your Data for performing the Cloud Backup Services, or as required by law, or with Your explicit permission for other purposes.
Fees
The service fees for the Cloud Backup Services ("Fees") are based on the number of accounts or volume of data backed up each month. Our current fees are available at Pricing. Fees are payable monthly in arrears, and You are responsible for any applicable taxes.
For the first paid month after a free trial period, the Fees will be prorated based on the date You first subscribed to the service. For example, if Your free trial ends on November 10th, You will be billed for November 11th through November 30th as a prorated charge. After the first paid month, no prorating will occur, and You will be billed for full months regardless of the date of cancellation.
Termination of Cloud Backup Services
If You wish to discontinue the Cloud Backup Services, You may cancel Your account by notifying VMOBACKUP.COM or by cancelling your subscription via the customer portal. Upon termination, Your access to the Cloud Backup Services will be discontinued, and Your Data will be deleted after a specified period without recovery options.
To ensure equitable use of our services, VMOBACKUP.COM enforces a fair use policy for all accounts. Specific usage limits and conditions are detailed on the Pricing Page. By using our services, You agree to adhere to these limits.
Additionally, Your account may not exceed 150GB/user on average per user per Microsoft 365 organization. Each user license grants 150GB of pooled storage per Microsoft 365 organization to which they belong. A single user can go beyond 150GB of storage if the average per user is not in excess of 150GB/user in the pool. For example, backing up 9 users with 10GB and 1 user with 250GB is acceptable as the average per user is 34GB/user. VMOBACKUP.COM offers license + storage subscriptions for situations in which the average per user is in excess of 150GB.
If usage exceeds the limits outlined, the account owner will receive an email notification and have 7 calendar days to adjust usage to comply with the conditions. If the issue is not resolved within this time frame, the account will be suspended until compliance is achieved. All account data, including backup data, may be deleted if the issue is not resolved within 30 days. VMOBACKUP.COM will make multiple attempts to send email notices to You regarding service suspension and data deletion.
VMOBACKUP.COM values the privacy and security of its users. Our Privacy Policy, available here, describes our practices regarding personal information. We use SSL, encryption, firewalls, and multi-factor authentication to secure the Cloud Backup Services.
The Site may contain links to third-party websites. VMOBACKUP.COM is not responsible for the content or privacy practices of third-party sites and encourages You to review their terms and conditions.
VMOBACKUP.COM provides the Site and the Cloud Backup Services "AS IS" without warranties of any kind. VMOBACKUP.COM will not be liable for any damages arising from the use of the Site or Cloud Backup Services, including data loss or security breaches. VMOBACKUP.COM's liability shall not exceed the lesser of $100 or the amounts You paid for the Cloud Backup Services in the prior 12 months.
You agree to defend, indemnify, and hold harmless VMOBACKUP.COM and its affiliates from any claims arising out of Your use of the Site or the Cloud Backup Services, including third-party claims concerning the Data.
These Terms may not be transferred by You but may be assigned by VMOBACKUP.COM without restriction.
VMOBACKUP.COM reserves the right to discontinue or modify any aspect of the Site or the Cloud Backup Services at any time. These Terms, the Privacy Policy, and the relationship between You and VMOBACKUP.COM shall be governed by and construed in accordance with the laws of Ohio, without regard to its principles of conflict of laws. You and VMOBACKUP.COM agree to submit to the personal and exclusive jurisdiction of the courts located in Cincinnati, Ohio, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
These Terms, together with the Privacy Policy and any other legal notices published by VMOBACKUP.COM on the Site, constitute the entire agreement between You and VMOBACKUP.COM concerning the Site and Your subscription to and use of the Cloud Backup Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.