Terms & Conditions

1. There are no warranties either express or implied at law regarding merchantability or fitness for a particular purpose with respect to any and all software provided by "ABS Backup Solutions Incorporated" (hereinafter “ABS”). All software "as is", “where-is” and “with all faults”. ABS shall not under any circumstance subject to the provisions of the next sentence of this clause be liable for direct, consequential or punitive damages arising from use of its software. Since it is impractical and extremely difficult to fix actual damages which may arise due to the failure of services provided, if notwithstanding the above provisions, there should arise any liability on the part of the company, such liability shall be limited to $250.00. This sum shall be the complete limit of the Company’s liability and shall not be deemed as penalty, but solely the value of the services herein described.

2. ABS grants you a non-exclusive, non-transferable, royalty-free, limited license to use the binary form of the software provided. Redistribution of programs owned by ABS unless explicitly authorized in writing by ABS is strictly prohibited.

3. All content including text, graphics, logos, button icons, images and software, in addition to all programs used on this site, are protected by International Copyright law and shall remain the property of ABS. Any attempt of reverse engineering, disassembly, or de-compilation of programs, unless is explicitly agreed to in writing by ABS, is strictly prohibited.

4. ABS reserves the right in its sole and exclusive discretion to send any notices to you it deems necessary via email, Facsimile transmission, regular mail or overnight express mail from a nationally recognized carrier including but not limited to FedEx, UPS or the postal service. ABS may also provide notices of change to the terms of this Agreement or other matters by sending the same via email or by providing a link. In connection therewith, any change or amendment to this Agreement shall automatically take effect upon transmittal of the same described aforesaid unless the customer shall notify ABS of an objection within 48 hours of transmittal. Notice of objection shall be sent to ABS via email.

5. ABS reserves the right in its sole discretion to edit or remove content that it determines to lewd or offensive to the general public. ABS also reserves the right, in such event, to terminate or suspend your account for violation of this covenant.

6. "ABS" reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice.

7. Use of any of the services provided by ABS for unlawful activities, including but not limited to, attempting to compromise the security of any networked account or site is strictly prohibited. ABS reserves the right to cancel all service(s) for breach of this condition and in addition to contact appropriate law enforcement agencies.

8. The subscriber specifically agrees that ABS shall not be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of backup data, or the like), beyond the amount specified in Paragraph 1 above.

9. The subscriber shall have the sole responsibility to assure their encrypting keys (and or password) are kept in a safe and secure place. ABS shall not be liable for any damages (including damages for not able to restore backup data or the disclosure of confidential information) resulting from loss/corruption/compromise of this key.

10. This Agreement may only be modified and/or amended in writing signed by all parties.

11. This Agreement shall be deemed one executed Under Seal and, in addition thereto, shall be construed as a contract to be governed by the Laws of the Commonwealth of Massachusetts. In addition thereto, the sole and exclusive judicial form for any action brought against ABS shall be either the Superior Court for Essex County, Massachusetts, or the District Court of Southern Essex in Lynn, Massachusetts.

12. In the event any one clause of this Agreement shall be determined by a Court of competent jurisdiction to be void and/or unenforceable, those other remaining parts of this document shall retain their validity and shall not be adversely affected by the negation or declaration of invalidity of the voided clause or the terms thereof.