Please carefully read the following Terms of Service before using the eDoc Organizer Off-Site Backup Service.
By using the eDoc Organizer Off-Site Backup service you or the entity you represent (“you” and “your”) agree to be bound by these Terms of Service (the “Terms”), which govern your access to and use of the eDoc Organizer Off-Site Backup Service (the “Service”) offered by eDoc LLC (“we”, “us” or “our”).
If you are registering for the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.
It is important to note that the functionality of the Service is time-dependent and these Terms represent the functionality as of now. It is possible that earlier versions of the Service do not support all the functionalities as described below. Please reference these Special Notes for previous account versions.
1. Your Account
You agree to provide us with accurate and complete information when you create an eDoc Organizer Off-Site Backup Account (your “Account”). In order to prevent unauthorized access to your Account, you agree to keep your password and other Account details secret and not share them with anyone else.
You, as the Account holder, are solely responsible for access to, content in or sharing and use of your Account. We are not liable for any loss or damage arising from any access to, content in, or sharing and use of your Account. If you believe there has been unauthorized access to your Account, you must notify email@example.com immediately.
2. Conditions of Use
By using the Services, you agree that you:
(a) are solely responsible for obtaining sufficient rights to the content of all data and files stored by you on eDoc Organizer Off-Site Backup servers;
(b) will not violate, or encourage or facilitate the violation of, any aspect of our Acceptable Use Policy;
(c) will not use the Services to sell and/or distribute digital content to others. (The Services are not for storing and disseminating large amounts of data to large number of recipients or for dissemination of digital content for commercial purposes, and we may use procedures, which may vary from time to time, to detect unacceptable levels of usage and may immediately disable offending accounts based on detected misuse. We are not responsible for any business interruptions that may be caused due to this process); and
(d) will not access or attempt to access the Services by any means other than those provided in eDoc Organizer, on the eDoc Organizer Off-Site Backup website or by an authorized third party.
If there is suspicion that an account is being used for storage and distribution of any illegal material such as copyrighted content, we reserve the right to examine the content of the Off-Site storage and backup account. We may also access the account and data for support related activities. We normally do not review, inspect, edit or monitor any content, data or files stored by you or any other user of the Service. We reserve the right to refuse, remove or disable access to any data or files stored on our servers with immediate effect that we determine may be illegal, may violate these Terms, may violate the rights of any third party or otherwise may be reasonably objectionable.
3. Registration Information / Privacy
Credit Card Charges
You authorize a recurring monthly or annual charge, as indicated by published standard plans or a customized quote provided for your specific use, to your credit card in exchange for use of the Services. You also agree that the enrollment for the next service period is automatic and paid in advance.
If we are unable to execute any applicable charges due to credit card denial or for any other reason, you will be notified via email. In case of non-action by the user, the account may be canceled. We may delay Account cancellation related to non-payment for the Services and provide a grace period of up to thirty (30) days from the due date to allow for the customer to arrange payment. If the account is canceled for any reason, user data and its backups are promptly removed.
Your right to raise a billing discrepancy and any associated recovery is waived unless reported to us by calling our customer support line or emailing us at support@eDocLLC.com within thirty (15) calendar days after such discrepancy is charged to your credit card.
Cancellation & Refunds
You must cancel your Account before it renews each month or year in order to avoid a charge for the next month's or year's fees to your credit card. No refunds for monthly and yearly subscriptions are issued. Yearly refunds may be provided on a case-by-case basis if there is a technical issue with our Services. If our support can resolve the issue then no refund will be issued. Any such refund would be issued on a pro-rated basis where each month of actual use would be billed according to monthly plan rates.
We will not issue any pro-rated refunds for the remaining period of a month when an account with a monthly subscription plan ("current plan") is downgraded to a smaller plan ("new plan") (a plan that costs less per month than the current plan) during the middle of a month. However the rate applicable to the new plan will automatically be charged starting the first of the subsequent month.
You are solely responsible for any consequences arising out of your failure to maintain the confidentiality of your Account password and/or encryption password. You will notify us of any unauthorized use or breach in security of your Account immediately after you learn of such unauthorized access or use. We advise frequent changes to the Account password for better security. The automated forget password option works on the assumption that only the account holder has access to the email address on record. In case the user does not have access to the email address, other means of verification may be used including billing/credit card information to verify identity.
We endeavor to restrict access to the data and files you store or retrieve from your Account to persons you have authorized to access your Account. 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.
All transmissions from your computer to eDoc Organizer Off-Site Backup are encrypted using 256-bit data encryption. For web and mobile based data transfers, data is sent over an encrypted channel with server side AES 256-bit encryption.
6. Use of IP Addresses
We may collect IP addresses for the purposes of system administration and/or 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 policies, Terms, or to protect our service, site, customers, or others. Some services, such as user logs and registration emails, may also display IP addresses.
7. Redundant Backups of Your Data
We maintain redundant backups of data to recover from software or hardware failures should they ever occur. The frequency of the redundant backups may vary from a day to a few days. In the event the data is restored from redundant backup devices back to the primary backup devices, the available data may not be in sync with production data prior to failure.
eDoc Organizer Off-Site Backup requires periodic review, at least on a weekly basis to verify the execution of successful backups because backups may fail for any number of reasons including but not limited to, internet connectivity issues, authentication issues, firewall, blocks by anti-virus programs, system configuration changes to the computer, etc.
8. 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 ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AT YOUR OWN RISK. EDOC LLC, 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. EDOC LLC 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.
9. Limitations of Liability
IN NO EVENT SHALL EDOC LLC OR ITS AFFILIATES, AGENTS, ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR (I) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR (II) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, 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 REGARDLESS OF LEGAL THEORY, WHETHER OR NOT EDOC LLC HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SERVICES WILL BE LIMITED TO THE GREATER OF $100 OR ANY AMOUNTS PAID BY YOU TO EDOC LLC FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
You will defend, indemnify and hold EDOC LLC, our subsidiaries, affiliates, agents, officers, licensor, 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 (i) your use of your Account and the Services, (b) any data files and content stored by you in your Account and otherwise on our servers, and (c) any violation of these Terms by you. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing. You may not settle any claims that limit our rights without our prior written consent.
We may, at our option and in addition to other remedies, immediately and without notice terminate these Terms at any time or suspend your access to the Services: (i) if you breach any provision of these Terms; (ii) if we are required to do so by law; (iii) if we cease to offer any services covered by these Terms; or (iv) for any other reason with thirty (30) days prior written notice to you (or sooner if you are flagrantly violating these Terms or are a threat to users or the Services). You may terminate these Terms at your convenience by delivering at least thirty (30) days prior written notice to us. Should you object to any of these Terms or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately: (a) discontinue use of the Services; (b) terminate these Terms; and (c) notify us of such termination as described below in paragraph 12. Upon any termination of these Terms, we will remove your stored data files from main storage and archives immediately. Paragraphs 8, 9, 11, 12, 13 and 15 of these Terms (and any other provision that can be reasonably construed to survive termination) will survive termination of these Terms.
Any notice under these Terms given by EDOC LLC to you will be deemed to be properly given if sent (i) by email to your email address as set forth in the Registration Information, (ii) by a startup screen that starts before your next use of the Services, (iii) by written communication mailed by first class U.S. mail to your address on record in the Registration Information, or (iv) by a display about the changed information in the Terms on our website. It is important that you maintain a correct working email address and update it if necessary to be able to receive our communications.
Any notice under these Terms provided by you will be deemed to be properly given if received by Customer Service at support@eDocLLC.com, except those that are related to cancellation or termination of your Account. For cancellation or termination of your Account you are expected to login online at https://on-premise.edocorganizer.com, go to 'Manage Account', choose 'Cancel Account' and provide necessary information for cancellation. Sending an email to support@eDocLLC.com for cancellation is not considered as a cancellation notice for security reasons. On successful cancellation of an account by you or by us, due to various reasons including non-payment for the Services, your data will be removed immediately. We may delay the cancellation related to non-payment for the services and provide a grace period of up to thirty (30) days from the due date to allow for the customer to arrange for payments.
These Terms will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of the Terms is held to be invalid or unenforceable under applicable law to any extent, then (i) 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 (ii) such invalidity or unenforceability will not affect any other provision of the Terms.
14. Modifications to this Agreement
We may change these Terms from time to time and the most current version will always be posted on our website located at https://on-premise.edocorganizer.com. If we think a revision is material we will notify you (e.g., via email). Other changes may be posted to our blog or terms page, so please check those pages regularly. Your continued use of the Services after such revisions become effective will constitute your acceptance of such changed terms and conditions. If you do not agree to the new terms, please stop using the Services.
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY IDAHO LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS LOCATED IN BOISE, IDAHO AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. 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 these Terms within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. These Terms create no third party beneficiary rights. You may not assign any of your rights in these Terms, and any such attempt is void, but we may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. EDOC LLC and you are not legal partners or agents; instead, our relationship is that of independent contractors. Our failure to insist upon or enforce strict performance of any provision or right of these Terms will not be construed as a waiver of any provision or right. These Terms constitute the entire and exclusive agreement between you and EDOC LLC with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.