You agree not to resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of this website, the services offered on this website, or access to this website.
You agree to take reasonable precautions to maintain the confidentiality of your account name and password for access to this website. In addition, you agree not to modify, add or delete any content on this website, without the express written permission of UBISTOR. Further, you agree not to interrupt or attempt to interrupt the operation of this website or access thereto by other users.
You agree that information you provide to this website will be true and accurate to the best of your knowledge, and that nothing you provide shall be illegal, obscene, threatening, defamatory, invasive of privacy, infringing on the rights of, or otherwise injurious to person or property, including, without limitation, software viruses, worms, Trojan horses or other malicious code. You also agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the source of the information you provide to this website.
Certain restricted product information is available on this website only to licensed customers of UBISTOR that are registered to receive information via passwords issued by UBISTOR. This restricted information is considered confidential and proprietary information of UBISTOR. If you are a registered customer or a representative of a registered customer, UBISTOR authorizes you to download, copy, distribute and use the restricted information for yourself, or, if applicable, only within the customer organization, and only for the intended purposes authorized by UBISTOR. Issuance of a registration password is conditioned on the customer’s use of the information in accordance with the terms of its license or service agreement with UBISTOR. You agree not to transfer your password to unauthorized parties. You agree to immediately notify UBISTOR of any unauthorized use of your password. You are responsible for the use and protection of your password. You agree not to attempt to gain unauthorized access to any website information or area within this website.
- DISCLAIMER. Information contained in this website has been derived from what UBISTOR believes are reputable sources. Although we believe that the information supplied is generally correct, we do not assume any responsibility whatsoever for its accuracy. We assume no liability whatsoever for results obtained or loss or damage incurred as a result of application of the data or information presented. Users of this website do so at their own risk. In addition, we assume no liability and make no warranty with respect to claims of patent, trademark or copy right infringement or other similar claims which may arise out of or in connection with the use of any data, information or items listed in this website.
UBISTOR does not warrant that this website and the server connected to it are free of computer viruses or other harmful components.
UBISTOR provides the website and all related information and services “as is, where is” and without any warranty or condition of any kind, expressed, implied or statutory.
Without limiting the foregoing, UBISTOR expressly disclaims any implied warranty of merchantability, fitness for a particular purpose, title and non-infringement. No advice, instructions or information received by a user, whether orally or in writing, from UBISTOR shall create any expressed or implied warranty by UBISTOR. Users are instructed to use UBISTOR’s website and service at their own risk.
UBISTOR MAKES NO WARRANTY THAT THE WEBSITE AND ANY RELATED INFORMATION AND SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRRUPED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE, RELATED INFORMATION AND SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE, RELATED INFORMATION OR SERVICE IS TO CEASE TO USE THE WEBSITE, ANY RELATED INFORMATION OR SERVICES. THE TERMS AND CONDITIONS OF ANY SALES OF PRODUCTS OR SERVICES OBTAINED THOUGH THE USE OF THE WEBSITE ARE SET FORTH IN THE LICENSE OR OTHER AGREEMENT FOR SUCH PRODUCT OR SERVICE.
- LIMITATION ON DAMAGES. In no event, shall UBISTOR be liable for any injury, expenses, profits, loss, or damage, whether direct, incidental, or consequential, or any other pecuniary loss or expense arising out of the access, use or inability to use anything on this website or any product or services described in the website, even if UBISTOR is expressly advised of the possibility thereof. Without limiting the generality of the foregoing, UBISTOR shall not be liable for damages for loss of profits, goodwill, use, data loss, or other losses resulting from (i) the use of inability to use the website or the services, (ii) the cost of procurement of any substitute products and/or services resulting from any products, data, information or services obtained or which you were unable to obtain or transactions effected or failed to be effected, (iii) any link provided in connection with the website related information or services, or (iv) any matter otherwise related to your use of the website related information or the services.
- COPYRIGHT NOTICE. The materials displayed on this website, including, but not limited to, all written material, photographs, illustrations, artwork and other graphic material, and names, logos, trademarks, and service marks, are the property of UBISTOR or its licensors. These materials are protected by copyright, trademark, and other intellectual property laws and treaties. Nothing herein shall be construed as conferring by implication, estoppels, or otherwise, any license or right and or any copyright, patent, trademark or other proprietary interest of UBISTOR on third parties. Notwithstanding the foregoing, UBISTOR consents to normal downloading, copying, and distribution of the information contained on this website for non-commercial purposes by you or within your organization only. In consideration of this consent, you agree that copies of website information will retain all copyright and other proprietary notices and that you will not modify the website information in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, copy, print, display, perform, reproduce, publish, or distribute any of this website’s information, in whole or in part, without the prior written consent of UBISTOR. Any software that is available for download from this website is the copyrighted property of UBISTOR and/or its suppliers. Any use or reproduction of any such software, and such warranties, if any, as to such software, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service, and such warranties as to such product or service purchased by you using, or in connection, with this website, if any, is governed by the agreement applicable to that product or service.
- LINKS. The website may provide links to other web-sites. Such links are provided for your convenience and do not reflect any endorsement by UBISTOR with respect to the provider of such linked website. UBISTOR is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked website, including without limitation the content provided on or through any such linked website or your reliance thereon. UBISTOR MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED WEBSITE: YOUR USE OF ANY LINKED WEBSITE IS SOLELY AT YOUR OWN RISK. Your use of or acquisition of goods or services through any linked website is subject to the terms and conditions applicable to that website. For third parties that may wish to link to UBISTOR’s website, you may link to the UBISTOR home page, but are not authorized to link to any other page on the UBISTOR website with the express written consent of UBISTOR provided that UBISTOR reserves the right to withdraw this consent at any time in its sole and absolute discretion. You may not use any of UBISTOR’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to: 1) imply affiliation with or endorsement or sponsorship by UBISTOR; 2) cause confusion, mistake, or deception; 3) dilute UBISTOR’s trademarks, service marks, or trade names; or 4) otherwise violate applicable law.
- GENERAL PRACTICES REGARDING STORAGE. You understand and agree that UBISTOR may from time to time establish and revise practices and limitations concerning your use of the website. You agree that UBISTOR shall have no liability for the deletion or failure to store any messages and other communications or other Content maintained on the website or transmitted using the website.
- RESTRICTED RIGHTS LEGEND. U.S. GOVERNMENT RESTRICTED RIGHTS, UNPUBLISHED - - RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. Use, duplication, or disclosure by the United States Government of any of this website’s information (all technical data is “Limited Rights Data”) or any software (all of which is “Commercial Computer Software”) downloaded from this website is subject to restrictions set forth in FAR Section 52.227-14 Alt. III(g)(3), FAR Section 52.227-19, DFARS 252.227-7014 (b) or DFARS 227.7202, as amended from time to time. Contractor/Manufacturer is UBSTOR, 1111 Plaza Drive, Suite 600, Schaumburg, IL 60173. Any contract notices should be sent to this address.
At UBISTOR we are dedicated to conducting our business in a manner that complies with the EU Safe Harbor Principles published by the U.S. Department of Commerce. The Safe Harbor Principles were developed to aid U.S. businesses in addressing and assessing their privacy policies and practices as they may relate to the European Union’s Directive 95/46/EC on data privacy for “personal data” (including any EU member state’s rules, regulations or laws enabling such Directive, herein the “Directive”). Personal data is information relating to an identified or identifiable natural person. It includes personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships and information concerning the personal activities, undertakings, traits or habits of a particular individual. An identifiable person is one who can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to the person’s physical, physiological, mental, economic, cultural or social identity. Personal data may be considered transferred outside the EU under the Directive if it falls under one of two situations that are described below. For the Directive to apply, the personal data must be processed, wholly or partly, by automatic means or if not processed to any extent by automatic means, it forms (or is intended to form) part of a filing system.
Processor on Behalf
UBISTOR operates primarily as a provider of business-to-business services. Unlike many companies and websites, UBISTOR does not focus on consumer users or the collection of consumer data. UBISTOR provides managed offsite data backup, which is designed to help companies store and recover data more efficiently and effectively. UBISTOR does not own or control any of the information stored or processed by any of its customers. Only the customer is entitled to process, store, access and retrieve such information. Customer information that originates in the EU will be stored on UBISTOR’s server located in the U.S. utilizing UBISTOR’s service and which is accessible over the Internet only by the customer. UBISTOR does not own or control, collect, record, organize, use or otherwise disclose or make available to third parties the data that is stored through use of its managed offsite data backup service, and such data is considered owned or controlled only by that customer. UBISTOR does not actively process the data stored on its server under the managed offsite data backup service. As a point of fact, UBISTOR is not aware of what is actually being stored by a customer on the UBISTOR system under the managed offsite data backup service and has no general direct access to such information or data, except as expressly authorized by the customer, as applicable. Furthermore, under no circumstances may UBISTOR independently cause a customer’s data to be transferred to any third party, such action being limited to the customer. Also, UBISTOR’s standard operating policy in this case is not to directly cause a transfer of any such data other than to return it to the customer. In this capacity, UBISTOR should be considered only as a processor on behalf as to any personal data that may be considered transferred from the EU to the U.S. subject to the requirements of the Directive. As such, the customer is the “Data Controller” as they have the actual control over the way any personal data is collected and used as well as the determination of the purposes and means of the processing of such data. UBISTOR is not responsible for the content of the information stored on its server by the customer nor is UBISTOR responsible for the way the customer treats such information.
The Safe Harbor Principles require that those who collect and determine the purposes and the means of the processing of personal data fulfill very specific requirements related to compliance with the Directive. The specific functions of a Data Controller will depend on the specific laws of each EU member state. However, since UBISTOR is not the collector or in control of any personal data, because it, neither alone nor jointly with others, will determine the purposes and means of collecting and the processing and uses of such data, it should not be considered as acting in the capacity of Data Controller with attendant responsibilities under the Directive or the Safe Harbor Principles. Although UBISTOR, without its actual knowledge, may be provided data or information subject to the Directive by a customer by means other than use of the managed data backup service (e.g., by email) in order to aid in the resolution of a technical issue, it should not be considered a data collector or Data Controller as to such data. Furthermore, UBISTOR requires that its customers do not include personal data in such transmittals to it, and it may reject and return such data to the sender if it becomes aware that such data is not in compliance with such requirement.
UBISTOR collects personal information relevant to your accessing our website and use of your account. Unless otherwise stated in another, more specific policy on the web pages you are viewing, UBISTOR collects the following types of information when you browse www.UBISTOR.com or any other UBISTOR website:
1. Information you provide directly, such as your name or ordering information when you register or make an online order, or any chat room postings or email messages you send us;
2. The web pages your internet browser visits; and
3. Aggregate data such as the number of hits per week, per web page.
Information you provide to us might be used by us or our partners, including vendors and customers, to better service your needs. For example, UBISTOR maintains e-mail lists to keep interested parties informed about our company, events, products, support, and more. We do not sell the addresses on our list, but we may make information available to specific business partners, sponsors, or service providers. Users may voluntarily request to join our mailing lists by signing up or opting in through a form on our Web site. To be removed from a UBISTOR mailing list, simply click on the following link: contact us.
We will keep this information confidential and promise not to sell, rent or give away to any third parties outside of our organization other than parties involved in providing products and services to our customers. Further, in an effort to prevent the disclosure or misuse of client information by our employees, UBISTOR requires that all employees sign a confidentiality agreement as a condition of employment.
When you choose to submit information through UBISTOR’s website, UBISTOR, and its affiliates may transfer, process, and store the information in countries in which UBISTOR and its affiliates maintain offices, including the United States. The United States does not regulate data protection in the same manner as other countries, including the Member States of the European Union. Accordingly, the data that you submit to UBISTOR may be transferred to, processed, or stored in countries where the data protection laws are different than those of your country of residence.
UBISTOR requires that each of its customers comply with their respective obligations under the Directive and that the customers confirm to UBISTOR that all applicable EU member state data protection laws shall be complied with prior to any transfer of any non-public personal data from the EU to the U.S. in connection with UBISTOR’s managed data backup service.
By using the UBISTOR website, you consent to the collection and use of information herein identified by UBISTOR. If you do not consent to the collection and use of this information, please simply click on the following link: contact us.
UBISTOR and its customers will enter into a contract to ensure that each party understands its role in complying with the Directive and the Safe Harbor Principles. Any data considered processed or stored by UBISTOR on behalf of a customer will not be further disclosed to third parties, except as directed or required by the customer, acting only in compliance with the Directive. Any information which the Data Controller identifies as sensitive personal information must be treated accordingly.
The contract with a customer also will specify that the customer is responsible for implementing and maintaining reasonable security measures relating to the customer’s access to the customer’s data stored on the UBISTOR server, including assignment and administration of all identification codes and passwords authorizing such access. The customer, as applicable, is responsible for all security measures relating to such identification codes and passwords. UBISTOR has in place commercially reasonable measures to protect data on its network from loss, misuse, unauthorized access, disclosure and alteration and destruction. The customers are responsible for the utilization of any optional tools UBISTOR provides for data protection, including transmission encryption and encrypting data at rest. The return or destruction of data stored on the UBISTOR server is principally in the control of the customer, and UBISTOR will comply with their instructions on such matters.
As merely a processor on behalf of the customer (who is considered the EU Data Controller), UBISTOR is not required to apply other Safe Harbor Principles to personal information subject to the Directive and considered received for processing (i.e., storage) from a customer.
The control of access to data stored on the UBISTOR system under its managed data backup service is in the direct and primary control of and subject to the security measures undertaken by the customer. Furthermore, UBISTOR recommends to its customers that all data “at rest” and stored on the UBISTOR system be encrypted to better assure the protection and confidentiality of such data, but the decision as to the use of such encryption is solely in the control of the customer. UBISTOR also requires that personal data not be transmitted to it outside the managed data backup closed system, since different security measures may be in place with respect to those systems (e.g., email). UBISTOR has in place information security procedures and commercially reasonable security measures to protect all information stored on its server from loss, misuse, unauthorized access, disclosure, alteration and destruction. The customer will be notified of any breach of the security measures implemented by UBISTOR of which UBISTOR becomes aware. Any measures or actions required to be undertaken by the customer in connection with such breach are solely the responsibility of the customer. If it is required by a customer to download data stored on the UBISTOR managed date backup system by such customer onto some form of other data archival or compilation media, UBISTOR will do so only upon receipt of a written request and directions (including by email) therefore from the customer and such media will be sent via a reliable carrier or courier, as authorized by the customer. Upon its delivery to such carrier or courier, UBISTOR shall have no further obligation thereafter for the security or safety of the data included on such media.
Any compromise of security or potential compromise of security and any inquiries concerning security should be reported or directed to UBISTOR. Contact information is provided below.
EU Safe Harbor Policy Administrator
1111 Plaza Drive, Suite 600
Schaumburg, IL 60173
866.312.STOR toll free
UBISTOR will use commercially reasonable efforts to ensure the security of our system and will strive to protect any personal information you provide through this website. Unfortunately, we cannot and do not guarantee that all data transmitted over the Internet will be secure or that our website along with its databases are immune to malicious attacks or abuses by other individuals.
UBISTOR is entirely dependent on the customer’s compliance with the Directive in connection with any authorization for access to such customer’s data on the UBISTOR system as well as its nature and the form in which it is transmitted. UBISTOR has no ability to access data located on its system other than as expressly permitted or directed by the customer, and, in no case, will UBISTOR be involved in the further processing or manipulation of such data other than perhaps the return of data in another form of media, as discussed below. UBISTOR takes reasonable steps to assure that any data that is considered transferred from the EU to the U.S. is maintained in a reliable, accurate and complete state, subject always to any deficiencies in the state in which it was received that may have been caused by others. The steps UBISTOR undertakes to assure data integrity is provided to take into consideration the Safe Harbor Principles.
You can update your contact information by contacting us at any time. We may keep all information in an off-line form, for archival purposes or as otherwise required by law.
Federal Trade Commission
Attn: Consumer Response Center
600 Pennsylvania Avenue NW
Washington, D.C. 20580
UBISTOR reaffirms this certification as verified through its self-assessment process by completing a written statement signed by a corporate officer or other authorized representative of the organization at least once a year and UBISTOR makes such statements available upon request.
Limitation on Application of the Safe Harbor Principles
UBISTOR’s adherence to the Safe Harbor Principles may be limited to the extent expressly permitted by applicable law, rule or regulation.
UBISTOR is concerned about protecting the privacy of children. If you are under the age of 13 years old, do not provide UBISTOR with any personally identifiable information on the website without the knowledge and permission of your parent or guardian.
To learn more about the Safe Harbor program, and to view UbiStor’s certification, please visit http://www.export.gov/safeharbor/.