Carbonite Recovery Services Cover Sheet

Transcription

1 Carbnite Recvery Services Cver Sheet Frm: Name f Requestr Cmpany Name (if applicable) Ticket Number (frm cnfirmatin ): Fax T: Carbnite Recvery Services Team This FAX shuld include the fllwing cmpleted frms. 1. Recvery Services Request Frm 2. Certificatin f Backup Cntents 3. Recvery Services Terms & Cnditins

2 Carbnite Recvery Services Request Frm T have a recvery rder prcessed yu must cmplete the fllwing frm and attach a scanned cpy and reply t yur frm Carbnite Recvery Services Team r fax t Cntact Infrmatin Name f Requestr: Cmpany Name (if applicable): Phne Number: Date f Request: Cmputers Requested fr Recvery Service Fr each prvide the name f the user assciated with the cmputer and the cmputer nickname. User Carbnite Username ( ) Cmputer Nickname Cmputer Name Example - Jhn Smith jhnsmith@abc.cm Jhn s Laptp Dell E4600- DDKJF Shipping Address This is the address t which the recvery media will be shipped, which can differ frm the cmpany address n file. Fr security reasns, we cannt ship t a P.O. Bx, and signature n delivery is required fr drpff. Name f Recipient: Address: City: State: ZIP: Phne Number f Recipient:

3 Carbnite Recvery Services Backup Cntents Certificatin In rder fr Carbnite t create recvery media with a cpy f yur backup, we must first decrypt yur files. Legally, Carbnite is prhibited frm decrypting the cntents f yur backup if it cntains unencrypted sensitive infrmatin belnging t anther persn. Examples wuld be infrmatin like health care and financial recrds, credit card infrmatin, etc. As billing administratr and/r wner f the accunt in questin, yu certify the fllwing (please check each bx): I understand that my recvery hard drive will cntain an unencrypted cpy f my backup which is accessible t anyne with physical r netwrk access t the drive My backup des nt cntain financial infrmatin, health recrds, infrmatin r technical data that is cntrlled under any exprt cntrl laws r ther cnfidential and sensitive data that shuld nt be transmitted in an unencrypted frmat My backup des nt cntain illegal files r data, as defined in Carbnite s Terms f Use ( Accunt/Billing Owner (Printed Name) Accunt/Billing Owner (Signature) Cmpany Name (if applicable) Date f Request Last 4 Digits nly f Credit Card Used t Purchase Carbnite Subscriptin The last 4 digits f the credit card are needed fr accunt and identify validatin purpses nly.

4 TERMS AND CONDITIONS REVISED 2/27/2012 Rapid Recvery Services. These Terms f Service (cllectively, the Terms ) are a binding cntract between me and Carbnite, Inc. ( Carbnite ). I understand and agree that by signing this dcument I acknwledge my agreement t be bund by these Terms. I understand that if I d nt agree with these Terms, Carbnite is nt willing t prvide the Rapid Recvery Service described belw. After signing these Terms and paying all required fees I agree t permit Carbnite t attempt t restre a previus nline backup f my files, data, infrmatin, phts, and any ther materials stred at a Carbnite data center ( Online Backup ) nt a external strage device that will then be shipped, in an unencrypted frmat, t my physical address (the Rapid Recvery Services ). I permit Carbnite t access such Online Backup and view any and all files, in either an encrypted r unencrypted frmat, cntained within such Online Backup. I understand that Carbnite will have access t any and all infrmatin frm such Online Backup r that may be restred nt an external strage device. I understand and acknwledge that Carbnite may nt be able t restre my Online Backup. If Carbnite is unable t restre my Online Backup, I understand and agree that I am nt entitled t the return f any fees paid fr the Rapid Recvery Services, nr will Carbnite be liable r respnsible fr any failure t restre my Online Backup. Once wnership f the Carbnite subscriptin has been verified pursuant t the requirements abve, Carbnite will ship the external strage device cntaining the unencrypted files restred by Carbnite t any address requested by the subscriptin wner, hwever, Carbnite will nt ship the external strage device r any restred files t a pst ffice bx as signature is required upn delivery. I acknwledge and agree that Carbnite may be required by law t reprt and, if s required will reprt, any illegal material that it finds n my Online Backup r is able t restre as part f the Rapid Recvery Services. Subscriptin Ownership. I represent and warrant t Carbnite that I am the billing wner f the Carbnite subscriptin, and that I have all f the rights necessary t permit Carbnite t access and restre my Online Backup and perfrm the Rapid Recvery Services detailed abve. Acceptable Use. I acknwledge that Carbnite des nt maintain prcedures that are intended t safeguard infrmatin, technlgy, r technical data that is cntrlled under exprt cntrl regulatins maintained by varius cuntries, including the U.S. Exprt Administratin Regulatins and the Internatinal Traffic in Arms Regulatins, and warrant that the infrmatin being prvided by me cntains n cntrlled infrmatin, technlgy, r technical data, in any frm. Carbnite reserves the right, withut limitatin, t terminate yur access t and use f the Rapid Recvery Services if, in ur view, yu use the Rapid Recvery Services fr unintended purpses r yur use interferes with the use and enjyment f the Rapid Recvery Services by thers. Release f Claims. Fr and in cnsideratin f payment (if applicable) fr the Rapid Recvery Services and ther gd and valuable cnsideratin, the sufficiency f which is hereby acknwledged, I, n behalf f myself and my spuse, heirs, children, successrs, current and frmer agents, representatives, executrs, beneficiaries, administratrs, trustees, attrneys and assigns, vluntarily release and discharge Carbnite and its predecessrs, successrs, and current and frmer assigns, agents, fficers, partners, members, directrs, sharehlders, emplyees, representatives, attrneys, affiliates, and any ther related entities, and all persns acting by, thrugh, under, r in cncert with any f them (all f which are referred t as Releasees ), frm any and all charges, cmplaints, claims, liabilities, bligatins, prmises, agreements, causes f actin, damages, lsses, expenses, and debts f any nature whatsever, knwn r unknwn ( Claims ), which I have, claim t have, ever had, r ever claimed t have had against any f the Releasees thrugh the date last written belw, and any Claims which may arise in the future against any f the Releasees related t r as a result f Carbnite s perfrmance f the Rapid Recvery Services. Further, I cvenant nt t cmmence r maintain any suit against Carbnite r any f the Releasees in the future related t the Rapid Recvery Services, the recvery attempt f any files, lst prfits, lss f data and backed up data, misuse r cmprmise f files, business interruptin, r lst revenues, arising ut f Carbnite s perfrmance f the Rapid Recvery Services, even if such Rapid Recvery Services result in the lss r destructin f my files r any f my equipment and even if Carbnite r any f the Releasees have been advised f the pssibility f such damages (whether such damages arise in cntract, trt (including, but nt limited t, negligence r therwise)). This cvenant shall be binding upn, and inure t, the benefit f the parties, their successrs, assigns, executrs, administratrs, persnal representative and heirs. Disclaimer f Warranties. THE RAPID RECOVERY SERVICES ARE PROVIDED AS IS, WHERE IS, AS AVAILABLE, WITH ALL FAULTS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. CARBONITE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE RAPID RECOVERY SERVICES AND THE ABILITY OF CARBONITE TO RESTORE ANY FILES. I UNDERSTAND AND AGREE THAT I AM SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE EXTERNAL STORAGE DEVICE, AND ANY FILES CONTAINED THEREON. I ACKNOWLEDGE AND AGREE THAT RISK OF LOSS FOR ANY EXTERNAL STORAGE DEVICE, AND ALL DATA CONTAINED THERE, SHALL PASS TO ME UPON DELIVERY OF SUCH EXTERNAL STORAGE DEVICE TO ANY THIRD PARTY CARRIER. I UNDERSTAND THAT I ACCEPT ALL LIABILITY FOR LOSS OF ANY EXTERNAL STORAGE DEVICE INCLUDING, BUT NOT LIMITED TO, THE LOSS OF ANY DATA CONTAINED THEREIN, AT THE POINT AT WHICH CARBONITE PASSES THE EXTERNAL STORAGE DEVICE TO ANY THIRD PARTY CARRIER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CARBONITE SHALL CREATE ANY ADDITIONAL CARBONITE WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF CARBONITE S OBLIGATIONS HEREUNDER. I HEREBY WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT I MAY HAVE AGAINST CARBONITE AND ITS AFFILIATES, SUPPLIERS AND LICENSORS ARISING OUT OF CARBONITE S PROVISION OF THE RAPID RECOVERY SERVICES. I AM SOLELY RESPONSIBLE AND LIABLE FOR THE FILES ON MY ONLINE BACKUP OR EXTERNAL STORAGE DEVICE, INCLUDING, BUT NOT LIMITED TO, ANY FILES RECOVERED BY CARBONITE. I AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CARBONITE AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, SUPPLIERS AND LICENSORS FROM AND AGAINST ANY AND ALL LOSSES, COSTS, DAMAGES, LIABILITIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES, EXPERT FEES AND OUT- OF- POCKET EXPENSES) ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH CARBONITE S PROVISION OF THE RAPID RECOVERY SERVICES, MY USE OF THE RAPID RECOVERY SERVICES, MY BREACH OF THESE TERMS, ANY DESTRUCTION OF OR DAMAGE TO MY FILES, ANY DAMAGE TO OR DESTRUCTION OF THE RAPID RECOVERY SERVICES OR OTHER EQUIPMENT, ANY DAMAGE TO THIRD PARTIES RESULTING FROM CARBONITE S RESTORATION OF FILES, AND ANY CLAIM THAT CARBONITE INAPPROPRIATELY RESTORED FILES THAT ARE NOT OWNED BY ME. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CARBONITE OR ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE TO ME OR ANY THIRD PARTY FOR ANY COST TO PROCURE SUBSTITUTE SERVICES OR DATA, OR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY, OR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOSS OF DATA AND BACKED- UP DATA, BUSINESS INTERRUPTION, OR LOST REVENUES OR PROFIT, ARISING OUT OF MY USE OR INABILITY TO USE THE RAPID RECOVERY SERVICES, CARBONITE S PROVISION OF THE RAPID RECOVERY SERVICES, OR CARBONITE S ABILITY OR INABILITY TO RESTORE FILES, DATA, OR MATERIALS ON MY ONLINE BACKUP, EVEN IF CARBONITE HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH DAMAGES

5 ARISE IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE)). IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF CARBONITE AND ITS AFFILIATES, SUPPLIERS AND LICENSORS FOR ANY AND ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) SHALL BE LIMITED TO THE FEES PAID BY ME TO CARBONITE FOR THE RAPID RECOVERY SERVICES. IF THE RAPID RECOVERY SERVICES ARE PROVIDED TO ME WITHOUT CHARGE, THEN CARBONITE SHALL HAVE NO LIABILITY TO ME WHATSOEVER. THE FOREGOING TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE AND ARE NOT INTENDED TO ESTABLISH LIQUIDATED DAMAGES. I EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT SUCH LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THIS AGREEMENT AND IS AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF THE RAPID RECOVERY SERVICES. I recgnize that sme jurisdictins d nt allw the exclusin f incidental r cnsequential damages, r the limitatin n hw lng an implied warranty lasts, s sme f the freging terms may nt apply t me. Gverning Law. These Terms shall be gverned, cnstrued and enfrced in accrdance with the laws f the Cmmnwealth f Massachusetts withut reference t cnflicts f law principles. The parties agree that the exclusive jurisdictin f any actins arising ut f, relating t, r in any way cnnected with these Terms, shall be in the state r federal curts, as applicable, lcated in the City f Bstn r the Cunty f Sufflk, Massachusetts. Cmpliance with Other Agreements. By signing these Terms, I represent and warrant that I have cmplied fully with all prvisins f Carbnite s Terms f Use and that I will cntinue t d s ging frward. Acknwledgement. I acknwledge and agree that I have carefully read and understand these Terms, that I have cnsulted with, r had the pprtunity t cnsult with, an attrney in cnnectin with my executin f these Terms, and that I have nt relied n any representatin r statement made by Carbnite r any ther persn with regard t the subject matter r effect f these Terms. AGREED AND ACCEPTED SIGNATURE PRINTED NAME DATE ADDRESS MAILING ADDRESS