Terms of Use

The Carbonite website, and any other website owned, operated, licensed or controlled by Carbonite (collectively, the Website”) are copyrighted works belonging to and operated by Carbonite, Inc., its affiliates, licensors, and subsidiaries (collectively, “Carbonite”). By accessing or using the Website, you indicate your acknowledgment and acceptance of these terms of use (“the Terms of Use”). These Terms of Use and the Website are subject to change by Carbonite at any time in its sole discretion, and your continued access to or use of the Website following modification constitutes your agreement to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, you may not access or use the Website. 

COPYRIGHT AND TRADEMARK

Carbonite, the Carbonite logo, and all trademarks and service marks listed on the Website, are trademarks and service marks of Carbonite (collectively, the “Marks”). You are not granted any right to use Carbonite’s Marks (including, without limitation, the layout of the Website), and all such items remain the exclusive property of Carbonite. All material on the Website, including but not limited to, text, graphics, logos, images and audio clips (the “Content”) is the sole property of Carbonite and is protected by United States and international copyright laws. Subject to these Terms of Use, Carbonite grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to access and view the Content on the Website.  The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Carbonite, except that you may download, print, distribute and use pages from the Website for your own informational, non-commercial purposes, provided that any copies of documents or pages from the Website must not alter the original Content and must include the Carbonite copyright notice: © 2015 Carbonite, Inc. All rights reserved.  Modification or use of the Content except as expressly provided herein is a violation of Carbonite’s intellectual property rights. 

EXTERNAL LINKS

Carbonite may provide access to resources and links to other websites. When you access a non-Carbonite website, even one that may contain the Carbonite logo, you leave the Carbonite Website and understand that it is independent from Carbonite, and that Carbonite has not reviewed nor is it responsible for the content of any linked websites. Carbonite makes no representations whatsoever about such resources or other websites. The inclusion of any link to a website does not imply endorsement by Carbonite of the website or their entities, products, or services. All warranties, conditions or other terms express or implied as to any such linked website, including without limitation as to accuracy, ownership, validity or legality of any content of a linked website, are hereby excluded.  It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. 
DISCLAIMER OF WARRANTIES 
The Website is provided by Carbonite on an “as is” and “as available” basis. Carbonite may make changes or improvements to the Content and functionality of the Website at any time, without prior notice to you.  Carbonite does not warrant that the Website or Content will be available at any particular time or location or that the Website is free of viruses or other harmful components. Carbonite makes no representations about the technical accuracy or functionality of the Website or that the Content is accurate, error-free or up-to-date. Carbonite makes no representations or warranties of any kind, express or implied, including, but not limited to, fitness for a particular purpose, title, or non-infringement of third party rights or intellectual property. 
Carbonite makes no warranties that your use of the Content will not infringe on the rights of others and assumes no liability or responsibility for errors or omissions in such Content. You expressly agree that your use of this Website is at your sole risk. You, and not Carbonite, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising out of your use of this Website or the Content.  Additional terms and conditions applicable to Carbonite’s services are available upon purchase of such services, or upon request. 

LIMITATION OF LIABILITY 

Carbonite's liability, irrespective of its legal ground, shall be limited as follows: Carbonite shall be liable without limitation, (1) in case of intent and gross negligence, (2) in case of injuries to life, body or health, or (3) pursuant to the terms of the Swiss product liability act. Notwithstanding anything to contrary, Carbonite’s liability for slightly negligent breaches of cardinal duties shall be limited to damages typical for carbonite’s business, and only to the extent foreseeable upon execution of these Terms of Use. Carbonite assumes no liability for consequences arising as a result of the use of, or the inability to use, the services, or otherwise in connection with the services. 

The foregoing limitations of liability shall apply notwithstanding a failure of essential purpose of any remedy provided in these Terms of Use and to the fullest extent permitted under applicable law. 

INTERNATIONAL USE

Carbonite makes no representation that the Content on the Website is appropriate or available for use in all jurisdictions. Access to the Website from countries or territories where such access is illegal is prohibited. Those who choose to access this Website do so on their own initiative and are responsible for compliance with local laws. 

GOVERNING LAW

These Terms of Use shall be governed, construed, and enforced in accordance with the laws of Switzerland without reference to conflicts of law principles and excluding the United Nations Convention on the Contracts for the International Sale of Goods of 11 April 1980 (CISG). The parties agree that the exclusive jurisdiction of any actions arising out of, relating to, or in any way connected with, these Terms of Use, shall be at the competent courts at your domicile. 

CUSTOMER SERVICE

Questions or comments regarding the Website may be submitted to customersupport@carbonite.com.
 

Privacy Policy

We recognize and respect your right to privacy. This Privacy Policy is between the individual or legal entity who accesses, uses, or subscribes to the Carbonite Services (“You” or “Your”) and Carbonite Germany GmbH (“Carbonite”), with its local business address at c/o Walder Wyss AG, Seefeldstrasse 123, 8008 Zurich, Switzerland. 
By installing, accessing or using Carbonite’s service offerings and features, and any components that support the functionality of the services, websites and any documentation (the “Services”), as further defined in our Terms of Service, You expressly consent to the collection, processing and use of Your personal information according to this Privacy Policy. Carbonite may share Your personal information, as defined below, with its subsidiaries, affiliates, or licensors solely for the purposes described herein.

HOW CARBONITE USES INFORMATION

Carbonite collects certain information provided by You when You contact us, visit our website or use the Services, including but not limited to information that would permit someone to identify or contact You, such as Your full name, address, telephone number, credit card information or email address (“Account Information”). Carbonite also collects information which is not personally identifiable, including but not limited to, information about visits to our website, Your use and configuration of the Services, and Your file system information (e.g., stored file folder names, file extensions, file sizes and the configuration of Your computer), which is used for capacity planning, cost calculations, product optimization and other similar functions (“Diagnostic Information”). The Services use data received or obtained from Your computer, server, tablet, smartphone or any other device You register (each a “Device”) or from any hardware delivered to You as part of Your subscription to the Services, to determine Your location (“Location Data”). Carbonite may use Account Information, Diagnostic Information and Location Data without restriction in order to deliver the Services, understand traffic and downloads on our website, provide You with technical support, improve the website, and provide the best experience possible for our customers. 
 
Cookies and Other Technologies. Carbonite uses "cookies" for Your convenience to collect and store information that Your browser makes available when You visit the Carbonite website ("Website"), so that You do not have to reenter Your data upon each visit. This information includes Your Internet Protocol address, browser type, browser language, and the date and time of Your query, which enables us to better understand and improve the usability, performance and effectiveness of our Website. This information is transmitted to and stored on Carbonite’s servers in the United States with Your Account Information. If You do not want Carbonite to analyze your use of the Website, You can set Your browser options to reject cookies or select the privacy mode setting on your individual internet browser. Rejecting cookies or selecting privacy mode may affect Your ability to use some features of the Website and Services.

Use of Your Personal Information. Carbonite will not sell Your Personal Information to third parties. Your Account Information is protected by a password chosen by You for Your privacy and security.  You must ensure that You will keep Your password strictly confidential. You are responsible for any and all actions taken using Your Account Information and password, and You agree to immediately notify Carbonite of any unauthorized use of which You become aware. You can update Your Account Information by accessing the password-protected, web-based Carbonite administrative console and supplying Your valid login credentials or by e-mailing Carbonite at privacy@carbonite.com. Carbonite will not view the contents of Your encrypted stored data without your consent, which is hosted within the European Union with Carbonite or its third-party cloud storage providers.  

Communications. Carbonite may, from time to time, share with You information about other services that we think You may find to be of interest. If You wish to change the types of communications You receive from Carbonite, You may do so by clicking on the appropriate "Manage Your Communications" link in the footer of Carbonite's e-mail communications to You or by calling customer support and requesting to be unsubscribed. Please note that opting-out of receiving promotional email will not affect delivery of service-related, transactional, or legal communication. 

SPECIAL CIRCUMSTANCES OF DISCLOSURE 

Except as otherwise provided herein, Carbonite may only disclose Your information if such action is reasonably necessary to comply with applicable law or to enforce Carbonite’s Terms of Service.

EUROPEAN PERSONALLY IDENTIFIABLE INFORMATION

Carbonite has committed to handling personally identifiable information in accordance with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Carbonite has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. Unresolved privacy complaints will be referred to an independent dispute resolution mechanism, the BBB EU Safe Harbor, operated by the Council of Better Business Bureaus. If You do not receive timely acknowledgement of Your complaint, or if Your complaint is not satisfactorily addressed by Carbonite, please visit the BBB EU Safe Harbor website at www.bbb.org/us/safe-harbor-complaints for more information. Carbonite's self-certification on the U.S. Department of Commerce's Safe Harbor List can be found at http://export.gov/safeharbor.

 To contact Carbonite's privacy officer, please email privacy@carbonite.com.