TERMS OF SERVICE
ACCEPTANCE OF THE SOFTWARE LICENSE
By downloading and/or installing our software on any site you explicitly agree to the terms of its license, GNU General Public License. A link to a copy of the license is included with our software or you can read it also in this link: http://www.gnu.org/licenses/gpl.html
SCOPE OF SERVICES
We offer two kind of services in this site: downloads and technical support.
- Downloads are divided in non-commercial (free) downloads and commercial (paid) downloads. You can access both of them using our Store.
- Support services are provided for free using a forum where users must register previously to post a request or a question.
Our services are provided as-is, without any warranty whatsoever. Regarding the support services, we can not guarantee the validity or veracity of any provided information or suggestion.
THE SERVICES ARE PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF AVAILABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE AVAILABILITY, QUALITY AND PERFORMANCE OF OUR SERVICES IS WITH YOU. SHOULD ANY OF OUR SERVICES PROVE INEFFICIENT OR UNSUITABLE, YOU ASSUME THE COST OF ALL NECESSARY ACTIONS TO RECTIFY THE ISSUE.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW AKEEBABACKUP.COM, ITS OWNERS, STAFF, ASSOCIATES OR ANYONE AFFILIATED WITH ITS MAINTENANCE, OPERATION OR HOSTING BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF OUR PROGRAMS TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you do not agree with these Terms, you are not allowed to use our services. Moreover, any use of our services implies the unconditional and immediate acceptance of the aforementioned terms, waiving your legal rights to uphold them. Acting in violation of these Terms of Service constitutes a violation of our copyright and abuse of a computer system, both persecutable as felonies.
In compliance to EU directives, you are entitled to 30 calendar days of "cool-off" period. If within those 30 calendar days you have not used our services (explicitly: you have not downloaded our software and have not requested software support) you are eligible for a full refund of your purchase, no questions asked. This "cool-odd" period is provided in accordance to Article 6, §1 of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
However, if you have already downloaded our software and/or already made use of our support services you are not eligible for a refund, even in the first 30 calendar days since your purchase, per Article 6, §3 of Directive 97/7/EC which states that the consumer may not exercise the right of withdrawal "for the provision of services if performance has begun, with the consumer's agreement, before the end of the seven working day period referred to in paragraph 1". Explicitly: when you click on a software download link or request software support from us you are giving your agreement to begin the provisioning of the software download and support service you have purchased from us, waiving all your legal rights with regards to withdrawal from the subscription contract, making you ineligible for a refund. For more information you may also want to read: http://europa.eu/rapid/press-release_MEMO-11-450_en.htm?locale=en
Clarification for the software support service: Performance of the software support service begins at the exact time you submit a post or a reply to an existing. Pre-sales requests and communication through e-mail or the Contact Us page does not count towards the performance of the software support service. These are communications provided outside the scope of the software support service.
In any other case, no refunds will be given whatsoever. By using our software download store and support services you explicitly declare that you accept our policy of no refunds beyond the provisions of Directive 97/7/EC.
PRICES AND VAT
VAT stands for Value Added Tax. It is a tax assessed on the supplies of goods and services inside the European Union.
We can apply spanish VAT (21% on January 1st 2014) on our products and services depending on your country of residence.
VAT will be charged to residents or businesses located in the European Union unless a VIES-registered VAT number is supplied in accordance to European Directive 2008/8/EU and its incorporation into EU member states local laws. Residents or businesses located in Spain will always be charged with VAT.
Prices shown are in euros (EUR) and US dollars (USD) without VAT.
We only provide support using the forum. We will not provide support by any other means including, but not limited to, email, regular mail, telephone, Twitter, Facebook, Skype and so on. If you wish to receive support without using our site's Support section or demand that you be given a full discount in violation of our refund policy we reserve the right to request to be paid according to our regular consultancy rates. Our regular consultancy rates are 25 Euros per hour (plus VAT, where applicable), minimum charge one hour.
Zero spam tolerance
As noted above, if you send out an unsolicited message, your account will be terminated without prior notice.
In application of the Spanish Law 15/1999, dated December 13, relating to the Protection of Personal Data and the regulations stemming from this, we hereby inform you that the personal data you provide us with will be used by 3bits in order to process the requests you make in this site.
The website contains hyperlinks to external resources, hosted and operated by third parties. These parties have their own privacy policies, including cookies, and we urge you to review them carefully. We do not accept any responsibility or liability for the handling of your personal information when visiting these external resources; your use of those third party resources and/or websites is your own responsibility.
We also use third-party service and content providers (currently, only Google, Inc) who may collect their own set of personal information. Since these are third parties, the information collected by them is not governed by this Privacy Statement. Read the Cookies section towards the bottom of this document for more information.
Personal information collected
Whenever you register for our members-only services, for example using our stor, we may ask personal information about you. This can consist of such information as your name, e-mail, website address, etc. By entering the information in the fields requested you enable 3bits to provide you with the services you select and billing when required.
We record your IP address as part of the unconditional logging our web server software does whenever anybody accesses our site. The collected IP addresses remain on record for at least a year, but they will be not shared with third parties. Exception to this rule is sharing information with authorities in the case of a suspected or proven breach of our site or other proven misuse of our services.
We record your IP address, HTTP Referer information, username (if applicable), date & time as well as the selected item whenever you are downloading anything from our store and statistics page. This information is strictly confidential and will not be shared with any third party unless a. we are requested to do so by law or b. it is deemed of absolute necessity in order to protect our business (e.g. as a proof of service consumption in the case of a PayPal dispute). We will not sell, lease or in any other way allow any third party to have access to the raw, redacted or aggregated forms of this information, as per the next section of this document.
USE OF COLLECTED INFORMATION
3bits will NOT sell, rent or otherwise willingly transmit the recorded personal information to any third party. Your privacy is important to us and we will not even offer aggregate information resulting from personal information processing to any part outside 3bits. We only use the recorded personal information for:
- service administration purposes, e.g. sending you password reminders, registration confirmations, billing, etc.
- to personalize your experience, through the storage of your preferences in cookies and/or our site's database
- analyze the use of our website and improve its usability
- send news or updates of our products
IP addresses may be used to identify the location of users, the number of visits from different cities / territories / countries or filter and block inappropriate use.
When we contact you?
We only contact you if you have explicitly opted-in for such communication through the use of our services. For example:
- We may contact you if a new post was added to a forum post you have subscribed to
- We'll contact you to send you a copy of your invoice after a purchase
- We may contact you when you register or modify a user account, request a username/password reminder or reset, or in any other case where you perform an action related to the administration of the information stored in your user account
- We'll contact you if you are suscribed to our newsletter
These forms of contact are conducted by automated software running on our server. You always have the chance to disable from such communication. 3bits will never send you unsolicited email messages ("spam") or allow third parties access to our users and contacts database.
We may also directly contact you - manually sending out emails, as opposed to automatic email sending outlined above - under special circumstances such as:
- Suspecting that your account is compromised by an unauthorized third party
- Before, during or after server-related incidents which may seriously hamper your ability to use our services
- In case you have crossed the line of fair use of our services
- If you have so asked us with an email, ticket, personal message, instant message, Twitter message or any other form of contact.
Contact for marketing purposes
We do not send unsolicited email messages for marketing purposes.
Information sharing with third parties
Information collected by 3bits will not be shared with any third parties under any circumstances except as stated in the "Use of collected information" article above.
Important note: Please review the section on cookies, as we employ third-party service/content providers. These providers collect their own set of personal information, governed by their own privacy statements.
Duration of personal information retainment
Your personal information may be stored in our servers for an indefinite period of time, no less than the duration of your account's existence or 1 calendar year, whichever is more.
What is a cookie? A cookie is a brief amount of data, usually containing a unique identifier, sent to your browser software from a website and recorded on your computer's permanent storage. Each website may set one or several such cookies on your computer, but your browser will only allow a website to access the cookie(s) it has set and deny access to other websites' cookies.
Cookies record information about your preferences and allow us to customize your experience. They are also used for handling user authentication in the members-only areas of a website. Users have the option to be forewarned before accepting a cookie, review cookies already stored on their computer's permanent storage and even delete them if so required. These options are given to you by your web browser software. Each web browser handles these features in a different way, so you have to consult your web browser's help / user guide / manual to learn more about this.
3bits do not use the services of third-party services and/or content providers.
If you have any question regarding our Terms of Service or Privacy plicy you may contact us using the contact form located in the menu bar.