Blue Cactus Backups  
Policies

Blue Cactus Backups - A product of The Digital Ranch

 

Terms of Service

These terms of service ("Terms") are a legal agreement between you, either an individual or a single legal entity ("You" or "you"), and the entity identified in Section 1 that operates that The Digital Ranch online services (“The Digital Ranch”). These Terms govern your use of any Digital Ranch online services ("Services"), the Digital Ranch website (“Site”), the client software distributed with this Agreement and any other software provided by The Digital Ranch, including any updates and any accompanying documentation ("Software"). Collectively, the Software, the Site and the Services may be referred to as the “Products.” By clicking the “I AGREE” or similar button, or using any Products, you agree to these Terms and the Digital Ranch Privacy Policy mentioned in Section 4 below. If you do not agree to these Terms or the Privacy Policy, then do not click the button indicating your acceptance and do not use the Products. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms.

1. CONTRACTING ENTITY

If you are using The Digital Ranch products/services, you are contracting with The Digital Ranch Corporation, 1354 East 3300 South, Suite 300, Salt Lake City, UT 84106, USA.

2. ACCOUNTS & FEES

You must register with The Digital Ranch to use the Services, and you agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Services. The Digital Ranch currently offers a free trial account (“Free Accounts”) as well as various fee-bearing accounts offering differing storage capacities and other feature enhancements (“Paid Accounts”). If you sign-up for a Paid Account, you agree to pay the fixed subscription and variable usage-based fees, if any, for the account type you have selected and agree to any applicable restrictions, including quotas on the amount of storage you are allowed to use. If you exceed any quota allocated to your account, you agree that The Digital Ranch may restrict your ability to backup further data until you reduce your storage usage or sign-up to another type of account with a higher quota or no quota at all. If you use a credit card for payment, you authorize The Digital Ranch to automatically renew your subscription and charge the then-current renewal fees to the credit card associated with your account unless you notify The Digital Ranch before expiration of your current subscription that you do not want to renew.

3. PASSWORDS & SECURITY

You are responsible for keeping your passwords and encryption key secure, and you agree not to disclose your passwords or encryption key to any third party. You are solely responsible for any activity that occurs under your user names and accounts, including any sub-accounts. 
Once you have installed the backup software:

a. The Digital Ranch highly recommends you choose the encrypted option for optimal security of your data; if you choose non-encrypted backups, The Digital Ranch IS NOT LIABLE for any data that is compromised.

b. When you choose the encrypted option, make sure to write down the encryption key and securely store it in two physical locations in case of disaster (i.e. office, home).  Without the encryption key, you CANNOT restore your data.  The Digital Ranch does not store and cannot retrieve the encryption key.

If you lose your passwords for your accounts, you may not be able to access your backup data. If you lose your encryption key you will not be able to access your backup data.

You must notify The Digital Ranch immediately of any unauthorized use of your accounts or any other security breach related to the Service. If The Digital Ranch determines that a security breach has occurred or is likely to occur, The Digital Ranch may suspend your accounts and require you to change your user names and passwords.

4. PRIVACY POLICY

You agree that The Digital Ranch’s collection, use and disclosure of your personal information, backup data or any other data will be governed by The Digital Ranch’s Privacy Policy, which is incorporated into these Terms by reference.

5. USE OF SERVICES & SOFTWARE

Subject to these Terms, The Digital Ranch grants you a limited, non-exclusive, non-transferable and revocable license to access the Site and use the Services and Software. You may install and use the Software in executable form only on the number and type of devices that are specified in the then-current documentation for your account type as described on the Site or as specified in other transaction documentation provided by The Digital Ranch or an authorized reseller. You acknowledge that certain third party code may be provided with the Software and that the license terms accompanying that code will govern its use.

You acknowledge that The Digital Ranch or third parties own all right, title and interest in and to the Products, including all intellectual property rights. Except for the license granted in these Terms, The Digital Ranch and its licensors retain all rights in the Products, and no implied licenses are granted to you.

You specifically agree that you will not, nor will you permit another person to:

  • sublicense, lease, rent, loan, transfer or distribute any portion of the Products;
  • modify, adapt, translate or create derivative works from the Products;
  • decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Products; or
  • remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed in the Software or on the Site.

6. SHARED CONTENT

The Products may enable you to share or synchronize your files between your own devices or with devices owned or controlled by third parties. If you choose to use any such features, you agree that your use of these features, including any content submitted by you, shall be at your sole risk and responsibility. You also agree that you have obtained all necessary rights and licensees to any such content. 

7. COMPLIANCE WITH LAWS & ACCEPTABLE USE

You are solely responsible for your conduct related to the Service and any data you store or share on the Service. You specifically agree that you will not use the Products to:

  • violate any laws or regulations;
  • infringe the intellectual property or other rights of third parties;
  • transmit any material that is obscene or objectionable or that contains viruses or other harmful computer code or files such as Trojan horses, worms or time bombs.

8. INTELLECTUAL PROPERTY PROTECTION

The Digital Ranch respects the intellectual property of others and requires that users of the Service do the same. When you use the Products, you may not upload, store, share, display, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. If you commit repeated violations, The Digital Ranch may terminate your accounts.

9. USER INDEMNITY

You agree to defend, indemnify, and hold The Digital Ranch, its suppliers, resellers, partners and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, in connection with:

  • your use of the Products;
  • your violation of these Terms;
  • your violation of any third party right, including any intellectual property right; or
  • any claim that use of your data caused damage to a third party.

This indemnity obligation will survive the termination or expiration of your account and these Terms.

10. CHANGES TO THE SERVICE & TERMS

The Digital Ranch reserves the right at any time to modify, suspend, or discontinue providing the Service and any related promotions, in whole or in part, without notice. While not obligated to do so, The Digital Ranch will use commercially reasonable efforts to notify you of any such action by sending you an e-mail, an in-client message or by posting relevant information on the Site.

The Digital Ranch reserves the right to modify these Terms at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively. Your continued use of any Products following any such modification constitutes your agreement to be bound by the modified Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Site. If you do not agree to be bound by these Terms, you must stop using the Products immediately.

11. TERM & TERMINATION

These Terms, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Services. You may terminate your account at any time, for any reason, by following the instructions on the Site and discontinuing use of the Products.

If you have a Free Account, The Digital Ranch may terminate your account and these Terms immediately and without notice if your computer fails to access the Services to perform a backup for more than thirty (30) days or you fail to comply with these Terms. If you have a Paid Account, The Digital Ranch may terminate your account and these Terms immediately and without notice if you fail to renew your subscription, fail to pay any fees or invoices when due or otherwise fail to comply with these Terms.

On termination or expiration of your account or these Terms, you will no longer have the right to continue to use the Software and the Services, and you will no longer be able to access and restore your backup data. Also, you specifically agree that The Digital Ranch has no obligation to provide you or anyone else with a copy of your backup data and may automatically purge your backup data from The Digital Ranch systems.

12. EXPORT

You acknowledge that use of the Products may be subject to the export and import laws of the United States and other countries. You agree to comply with all export and import laws and regulations. In particular, you acknowledge that the Products may not be exported or re-exported to any U.S. embargoed countries or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Products, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Products for any purposes prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

13. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and The Digital Ranch and completely replace any prior agreements between you and The Digital Ranch in relation to the Products. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. The failure of The Digital Ranch to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement. You agree that any claim or cause of action related to these Terms or the use of the Products must be filed within one (1) year after the cause of action arose or be forever barred.

14. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK, AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE DIGITAL RANCH, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, THE DIGITAL RANCH, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTY THAT (A) THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE PRODUCTS WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE PRODUCTS WILL BE ACCURATE OR RELIABLE; AND (D) ANY DEFECTS OR ERRORS IN THE PRODUCTS WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE PRODUCTS ARE NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

15. LIMITATION OF LIABILITY

YOU AGREE THAT THE DIGITAL RANCH, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY YOU ARE SEEKING DAMAGES AGAINST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS OR IN ANY WAY RELATING TO THE PRODUCTS.

IF YOU HAVE A PAID ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE DIGITAL RANCH, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO THE AMOUNT PAID FOR THAT ACCOUNT DURING THE TWO (2) YEAR PERIOD BEFORE THE RELEVANT CLAIM OR TWO-HUNDRED US DOLLARS ($200), WHICHEVER IS LOWER. IF YOU HAVE A FREE ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE DIGITAL RANCH, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO TWENTY US DOLLARS ($20). YOU SPECIFICALLY AGREE THAT THIS DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE DIGITAL RANCH.

16. GENERAL

These Terms and the relationship between you and The Digital Ranch will be governed by the laws of the State of Utah. You agree to submit to the personal and exclusive jurisdiction of the courts located in Salt Lake City, Utah to resolve any dispute or claim arising from these Terms. As to intellectual property rights, you specifically agree that The Digital Ranch may file an action in any jurisdiction to protect or enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You may not assign or transfer any of your rights or obligations under these Terms to a third party without the prior written consent of The Digital Ranch. The Digital Ranch may freely assign this Agreement.

17. CONTACTING THE DIGITAL RANCH

Users with questions about these Terms may contact The Digital Ranch via e-mail at: terms@digital-ranch.com.

Last revised: February 20, 2015

Blue Cactus Backups - A product of The Digital Ranch

 

Privacy Policy

The Digital Ranch has created this privacy statement in order to demonstrate our firm commitment to privacy. The Digital Ranch uses state of the art technologies to safeguard customer information and communications for unauthorized intrusions. The following discloses our information gathering and dissemination practices.

Personal Information Collection and Use

The information given to The Digital Ranch in the registration process or at any other time is for The Digital Ranch's use only. It is common practice for companies to gather personally identifiable consumer information in order to conduct business and offer services. For example, a web-site developer or webhosting provider may collect personally identifiable consumer information, such as name, address, telephone number, and a variety of other information in the course of billing and providing web service to a customer. The Digital Ranch will not sell, share, trade, rent or disclose this information to third parties without the consent of the customer (except as required by court order, subpoena, search warrant or other legal process).

Public Forums and Links

The Digital Ranch makes chat rooms (IRC), forums, message boards, and news groups available to its customers. Please remember that any information that you choose to disclose in these areas becomes public information and you should exercise caution before disclosing your personal information. The Digital Ranch's customers should also be aware that any information they disclose on their own websites becomes publicly available. The Digital Ranch is not responsible for any information our customers choose to make available in any of these forums. Also, please note that The Digital Ranch has links to other sites. We encourage our customers to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by The Digital Ranch's Web site.

Information Security

The Digital Ranch takes every precaution to protect our customers' information. When customers submit sensitive information via our Web site, your information is protected using the safest and most secure methods available. When our registration or service request forms ask customers to enter sensitive information (such as a credit card number), that information is encrypted and protected with the best encryption software (SSL) in the industry for the Web. While on a secure page, such as our secure credit card payment form, the lock icon will appear on the bottom of Web browsers. If you have any questions about The Digital Ranch's security, please feel free to contact security@digital-ranch.com.

Necessary Submission of Information

Personally identifiable consumer information is shared with Authorize.Net, the credit card processing company we use to the extent it is necessary for them to provide payment processing services.

Correction/Updating Personal Information

If a user's personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user's personal data provided to us. This can be done by contacting customersupport@digital-ranch.com or by calling 801-485-4503. The person changing the information MUST be the contact on the account. Normally, the contact is the person who opened the account or a person who was assigned to the account by the business. To change the information, you must be able to verify that you are, in fact, the contact on the account.

Notification of Changes

If we ever need to change our privacy policy, we will post those changes on this page. Rest assured that The Digital Ranch has no intention of disclosing, or selling, customer information in the future.