Before downloading the OSBackup client software you MUST sign up for an account. The software will NOT work if you do not have an account with OSBackup.
Click the link below to download the installation file. Simply run the file to install the OSBackup client software.
The OSBackup install program uses Microsoft's Windows Installer Technology. You must have Windows Installer on your computer in order to install OSBackup. If you have Windows XP you should already have the correct version of the Windows Installer. If you have Windows 2000, Windows 95, Windows 98 or Windows ME, you may need to install or upgrade your version of Windows Installer.
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Terms of Service
- Subject to Backup's acceptance of Your registration and Your compliance with the terms and conditions of this Agreement, OS BacKup will provide You with the following service (the "Basic Service") : (a) OS BacKup will establish one (1) online storage and online backup account in Your name on the OS BacKup servers (the "Account"); (b) OS BacKup will initially allow you to store up to a total of 1 gigabyte of data files in your Account. (c) OS BacKup will allow You to retrieve data files from Your Account; and (d) If sub-accounts are created by the main account holder, the main account holder is responsible for all the actions arising from the sub-account holders, and will make sure that all the terms and conditions described here are adhered to by the sub-account holders.(e) 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. Please note OS BacKup provides an extensive range of services. It is possible that one or more of these services may not be available at certain times.
- 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, libelous, 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, 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 Canadian and other applicable law regarding the exportation and re-exportation of any data or other materials from Canada 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. Any link(s) provided through a web site or a mass email to download/upload files stored at Your Accounts is completely unacceptable and would be considered as violation of terms as per the (g) clause mentioned above.
- Registration Information and Payment Schedule - You will promptly notify OS BacKup of any change in the information You provide 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 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."
You agree to pay for the Service on a monthly basis. You also agree that the enrollment for the next service period is automatic.
OS BacKup 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 for more than 3 days (not necessarily consecutive) in any given month. Users will be intimated immediately via the backup report and are encouraged to closely monitor their storage space and to reduce the amount of stored information to prevent an account upgrade. In case of non-action by the user the account will be automatically upgraded to the next higher plan to accommodate the increased storage.
OS BacKup reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email).
Your OS BacKup account will be considered delinquent if payment is not received in a timely fashion and if the unpaid amount remains unpaid at the beginning of the next accounting cycle. The Service may be suspended, archived or purged from system if account is delinquent for more than one billing cycle. OS BacKup may impose a charge to restore archived data from delinquent accounts. OS BacKup does not guarantee that suspended/archived/purged account data will be made available on request. Users are expected to keep their email id used for registration active at all times.
- Account and Password - After You accept this Agreement and Your registration has been accepted by OS BacKup, You will receive a link by email, on activation of which Your Account will be established. You are solely responsible for any consequences arising out of Your failure to maintain the confidentiality of Your Password. You will notify OS BacKup of any unauthorized use or other breach in security of Your Account immediately after You learn of the same.
- Security of Stored Data and Files - OS BacKup will endeavor 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.
- You are solely responsible for (a) obtaining sufficient rights to the content of all data and files stored by You on OS BacKup's servers and (b) ensuring that such content does not include any of the items listed in paragraph 2(b) above. OS BacKup normally does not 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 OS BacKup has suspicion that an account is being used for storage and distribution of any illegal material such as copy-righted content, OS BacKup reserves the right to examine the content of the online storage and backup account. OS BacKup reserves the right to refuse, remove or disable access to any data or files stored on OS BacKup's servers with immediate effect that OS BacKup learns may be illegal, may violate the terms of paragraph 2 above, may violate the rights of any third party or otherwise may be reasonably objectionable.
- 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. OS BacKup, 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). PLEASE NOTE THAT YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. OS BacKup 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.
- IN NO EVENT SHALL OS BacKup 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.
- Indemnification - You will defend, indemnify and hold OS BacKup, 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 OS BacKup servers and (c) any violation of this Agreement by You.
- Termination - Either you or OS BacKup 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 11 below. Further, if OS BacKup believes that You have violated Your obligations under this Agreement, OS BacKup 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 OS BacKup's servers and/or terminate this Agreement. OS BacKup 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 OS BacKup of such termination. Upon any termination of this Agreement, You will cease use of the Service and, within five (5) days after the effective date of such termination, remove all of Your stored data files from the OS BacKup servers. OS BacKup may destroy any of Your stored data files that are not removed from OS BacKup's servers within such five (5)-day period. Paragraphs 7,8, 9, 10, 11, 12, 13 and 14 of this Agreement (and any other provision that can be reasonably construed to survive termination) will survive termination of this Agreement.
- Notices - Any notice under this Agreement given by OS BacKup 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 startup screen that starts before Your next use of the Service or by written communication mailed by first class U.S. mail to Your address on record in the Registration Information or by a display about the changed information in the agreement on the index page for a limited time. Users are expected to review the terms page periodically. It is important that you maintain a correct working email id and update it if necessary to be able to receive OS BacKup's communication. Any notice under this Agreement given by You to OS BacKup will be deemed to be properly given if received by email sent to OS BacKup's Customer Service at firstname.lastname@example.org
- 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.
- Modifications to this Agreement - The terms and conditions of this Agreement may be changed by OS BacKup from time to time. Upon any such change, OS BacKup will notify You of such change in accordance with paragraph 11 above and post an updated version of this Agreement on the OS BacKup's website located at http://backup.thekays.homeip.net:6728. Your use of any Services after such notification will constitute Your acceptance of such changed terms and conditions.
- Miscellaneous - OS BacKup controls and operates this Service from its location in Canada and is subject to the Canadian Export Administration Laws and Regulations. OS BacKup makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside Canada, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to Canadian law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the Canadian Government for such purposes. You shall comply strictly with all Canadian export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
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. OS BacKup'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 Province of Ontario, 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 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.
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