Use of and Changes to the Services:
You may use the Services only if you have the power to form a contract with dewDrive and are not barred under any applicable laws from doing so.
The Services may continue to change over time as we refine and add more features and we may modify any content from the Services from time to time.
In the event of a material change as set out in clause 3(c), we will provide any user of that aspect of the Services with at least 30 days’ notice prior to taking such action, save where the changes to the Services are the result of (i) minor technical adjustments which can be of no real significance to your use of the Services; (ii) changes required by law; (iii) changes required by necessity (e.g. to ensure the integrity or security of the Services or your data) or (iv) enhancements to the Services to reflect advancements in technology for your benefit, in which case we may not be able to provide you with 30-days prior notice and instead notice may be provided to you after the date of the material change.
dewDrive shall not increase the price of the Services during the fixed term of this Agreement.
The notice referenced in clause 3(d) shall set out the scope of the change and enable you to understand the impact of this change on the delivery of the Services.
If you do not agree to the material change made to the Services described in 3(d) above, you may terminate your use of the Services within 30 days of receiving the notice, and should you decide to terminate, you shall be entitled to a refund of fees paid for the unexpired portion of the Fixed Contract Period (please refer to clause 19).
It is our intention that any such modification as set out in clause 3(c) would not materially reduce the functionality of the Services, however in the exceptional cases where the functionality is materially affected by the modification, we will phase out the modification over a period of 12 months, ensuring that the Service to you remains unaffected for the duration of your Fixed Contract Period, and shall provide you with a clause 3(d) notice prior to your next renewal date to explain the modification to the Services.
The Services may be activated in one of two ways. You may commence the use of the Services by uploading your files, or in the case of a purchase from a Retail Outlet, if you have not taken steps to activate the Services in the three months after purchase, the Services will be automatically activated without further reference to you. You will be sent an activation email following activation as long as you have provided us with a valid email address.
By using our Services you agree to us hosting your files and sharing your files with third parties nominated by you. In addition, as part of the Services we will process information in your files in order make back up files and to display your files to you in a manner that will assist you in using the Service, including image thumbnails or document previews. We may share your information with selected third parties, including sub-contractors who may perform some or all of the Services on our behalf. Subject to these exceptions, we will not share your files with any third party without first obtaining your consent.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that dewDrive has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
The Services provide features that allow you to share your files with others or to make your files public. There are many things that users may do with your files (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. dewDrive has no responsibility for that activity.
You are responsible for safeguarding the password that you use on your dewDrive account to access the Services (the “Account”) and you agree not to disclose your password to any third party. You are responsible for any activity using your Account, whether or not you authorised that activity. You should immediately notify dewDrive of any unauthorised use of your Account.
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. dewDrive reserves its right to delete files (without notice to you) where it has a reasonable belief that you do not have the right to copy, upload, download or share such files. You, not dewDrive, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Services.
You, and not dewDrive, are responsible for maintaining and protecting all of your files and understand that unless clearly stated otherwise, dewDrive is providing you with a backup service and will not be liable for any loss or corruption to the files that you backup arising from your actions. There are no additional costs and expenses for restores using the dewDrive system, however should you request a custom restore outside of the dewDrive system, any additional costs and expenses will be explained to you prior to the custom restore, and you will be responsible for the discharge of same.
If your contact information, or other information related to your Account, changes, you must notify us promptly and keep your information current.
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of your statutory rights under the Consumer Rights Act 2015; and
defective products under the Consumer Protection Act 1987, as may be amended from time to time.
You can terminate your Services at the end of your Fixed Contract Period by contacting us by phone between 9am - 6pm (GMT) Monday - Friday on (+44) 020 8144 5522 at least one week prior to the end of your Fixed Contract Period. If you are a consumer within your free trial period or the first 14 days of any renewal period, please see Section 27 for additional termination rights. Fees paid by you to us prior to your decision to stop using our Services will not be refunded to you, unless your decision to stop using our Services follows a change in:
the content of the Services as set out in clause 3;
the Fees as set out in clause 30;
in which cases your fees shall be refunded pro-rata for the unexpired portion of your Fixed Contract Period.
We reserve the right at our discretion to not permit you to renew your use of the Services by providing you with at least 4 weeks’ notice prior to the end of the Fixed Contract Period.
use the Services in any way that would cause us legal liability or be deemed a use for an illegal purpose;
use the Services in such a manner that has the effect of disrupting others’ use of the Services;
act in conflict with a court order, or our providing the Services to you is in breach of a court order;
represent a danger to the best interests of other customers or third-parties;
exceed your Usage Limit repeatedly, or exceed your Usage Limit on one occasion when that Usage Limit represents the highest available limit;
fail to disclose the number of devices on which you are running dewDrive Backup, be they multidrive devices, network-attached (NAS) hard drives, or external drives (collectively “External Storage Devices”) or otherwise;
directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services or manipulate Services in any manner not specified by us;
are found to have used the Services to store, backup or distribute material protected by intellectual property rights (including copyright) of a third-party unless you own or have appropriate rights to such material;
engage in activity that damages or is likely to damage our tangible or intangible assets; or
otherwise act in breach of the terms of our Acceptable Use Policy
If we suspend or terminate your use, we will use commercially reasonable efforts to work with you to retrieve your files at no additional fee.
Services are provided to all consumers on a free trial basis (duration of at least 14 days, to be confirmed to you at sign-up), and payment will be taken for the first Fixed Contract Period when the applicable free trial period ends, and not when you enter your billing details (which will be required prior to the commencement of the free trial period).
The first renewal date for the contract shall be deemed to be the Fixed Contract Period plus the applicable free trial period, thereafter the renewal dates shall occur on the expiry of the applicable Fixed Contract Period.
If you wish to invoke your statutory right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel your contract during the free trial period or for 14 days after each renewal date, you may do so by calling (+44) 020 8144 5522 between 9am - 5pm (GMT) Monday - Friday, or alternatively you can download, complete and return this form by email or fax to us, at any time prior to the end of the free trial period.
If you do not cancel your contract prior to the end of the free trial period or during the 14 days cancellation periods as set out in clause 27, the fees for the first Fixed Contract Period will become due.
All fees payable by you for the Services shall be in accordance with the scale of fees and rates published from time to time by us on our web site (the “Pricing Structure”), and shall be due and payable for provision of the Services in advance of each Fixed Contract Period.
The Pricing Structure is determined by pre-agreed usage limits with you (“Usage Limit”). We reserve the right to alter the Pricing Structure, including ceasing to offer elements of the Services as provided for in clause 3. The current Pricing Structure will always be posted on our website and where a significant change (meaning a change that would lead to you paying more for the Services) is made to the Pricing Structure, we will provide you with notice at least 30 days prior to that new Pricing Structure being applied to the Services we provide you. By continuing to access or use the Services after receiving such notice, you agree to be bound by the revised Pricing Structure as and from the start of the next Fixed Contract Period. If you do not agree to the new Pricing Structure, you can then notify us that you want to discontinue use of the Services.
All fees for our Services are due in advance and your contract will automatically renew on the expiry of the Fixed Contract Period, at which point fees for the following Fixed Contract Period become payable. dewDrive shall provide you with notice of the renewal at least 30 days prior to the expiry of the Fixed Contract Period. If you choose to pay by credit or debit card then you authorise dewDrive to debit your card with the fees due, and to avoid interruptions in the Services caused by rejected credit or debit card charges, dewDrive reserves the right to update your credit or debit card details (such as expiration dates) where this is not prohibited by law. YOU UNDERSTAND AND AGREE THAT dewDrive IS ENTITLED TO OBTAIN SUCH UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES. If you wish to cancel your contract with dewDrive, you must do so by calling (+44) 020 8144 5522 between 9am - 5pm (GMT) Monday - Friday at least one week before the expiry of the Fixed Contract Period.
Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.
Some Services, including dewDrive Backup and dewDrive Pro Suite (the “Backup Packages”) are sold on condition that the data being backed up is stored on the internal hard drives of devices that are not classified as External Storage Devices (as defined above), and that the number of such devices does not exceed the limits stipulated in the Pricing Structure. In the event that you wish to backup data stored on External Devices, you are required to disclose this to us and pay such additional storage related charges as set out in the Pricing Structure for that Backup Packages.
An upper limit on the number of devices from which backup can be run will be included on each Backup Package. The applicable upper limit will be notified to you at time of Backup Package sale. The upper limit for any single internal or external drive will exclude External Backup Devices, for which the Pricing Structure includes a separate charging methodology. In the event that the number of devices exceeds the applicable limit on the Backup Package sold, dewDrive reserves the right, but is not under an obligation, to increase the upper limit of your Backup Package without prior notification to you, and increase the charges accordingly.
With the exception of our business service, Services that include dewDrive Backup are not to be used for archiving. You must at all times hold an original copy of the data in the original location on the system it was backed up from and ensure that any External Storage Devices are always connected whilst the Software is running. If you delete files from your computer that have been backed up or disconnect External Storage Devices that have been backed up we will remove the corresponding backup from our servers.
You must at all times run the Software on any computer that is being backed up and you must ensure this computer connects to the Internet at least once every 30 days. dewDrive will remove backups for computers that have not connected to the service for 30 days.
If you wish to restore data backed up onto our servers we may require up to 72 hours notice. Whilst ordinarily we would expect your data to be available for restore immediately, we reserve the right to archive data in facilities where it may not be available for immediate access.
You agree not to misuse the Services. For example, you must not, and must not attempt to, use the Services to do the following things:
Probe, scan, or test the vulnerability of any system or network;
Breach or otherwise circumvent any security or authentication measures;
Access, tamper with, or use non-public areas of the Services, shared areas of the Services which you have not been invited to, dewDrive (or our service providers’) computer systems;
Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
Plant malware or otherwise use the Services to distribute malware;
Access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");
Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
Publish anything that is fraudulent, misleading, or infringes another's rights; promote or advertise products or Services other than your own without appropriate authorisation;
Impersonate or misrepresent your affiliation with any person or entity;
Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
Violate the law in any way, or violate the privacy of others, or defame others.
dewDrive will respond expeditiously to claims of copyright infringement committed using the dewDrive service and/or the dewDrive website (the "Site") if such claims are reported to dewDrive in the manner identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following Notice of Alleged Infringement and delivering it by postal mail to the address below.
Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to:
1065 Great Camebridge Road
London, EN1 4DA
dewDrive Limited will investigate the complaint and, where an infringement of copyright is identified, dewDrive shall take all necessary steps to resolve the disputed use of copyrighted materials, including where appropriate, terminating the delivery of the Services to the subject of the complaint.
in accordance with the DPA, apply appropriate technical and security measures to protect any such data against unauthorised or unlawful processing and against accidental loss, destruction or damage; and
notify you as soon as reasonably possible and in any event within 5 business days about:
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