Terms of Use 

Please read these terms of use carefully before using OPENRSM products and services. 

This Agreement is between OPENRSM, Inc. ("OPENRSM") and you, as an authorized user of OPENRSM products and services, and governs the terms and conditions of your use of OPENRSM products and services ("Terms of Use"). This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by OPENRSM (collectively, the "Agreement"), constitutes the entire agreement between OPENRSM and you regarding OPENRSM Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.

You Must Agree to these Terms of Use to Use OPENRSM Products and Services 

By using or registering for a OPENRSM Product (defined below), you agree to these terms and conditions ("Terms of Use") and the OPENRSM Privacy Policy. You agree to accept notices electronically. Each time you use a OPENRSM Product, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, you may discontinue using the OPENRSM Products. You cannot use or sign up for OPENRSM Products until you have accepted these Terms of Use. 

Definition of Terms 

a. OPENRSM, Inc. is referred to herein as "OPENRSM," "we," "us," or "our." b. You, as the user, are referred to herein as "you," "user," "subscriber," "client," or "customer." c. OPENRSM Products. For purposes of these Terms of Use, the term "OPENRSM Products" shall mean OPENRSM software ("OPENRSM Software" or "Software", whether preinstalled, on a medium, or offered by download), OPENRSM services, OPENRSM websites (including, without limitation, www.OPENRSM.com) and all other software, features, tools, websites and services provided by OPENRSM, Inc.

  Modifications to the Terms of Use 

In the event that OPENRSM makes material changes to these Terms of Use, all current OPENRSM customers will be notified via email at least 30 days before the modified terms of use go into effect. OPENRSM will email users at the email address(es) provided by each user and is not responsible for invalid addresses or undeliverable email. The modified Terms of Use will be posted on our website at least 30 days in advance of the effective date. You agree to the new posted Terms of Use by continuing your use of the OPENRSM Products. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using OPENRSM Products and cancel your registration. Requirements for Use or Registration of OPENRSM Products  The OPENRSM Products are intended for general consumer use. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Use. OPENRSM Products may require the user to register and provide certain personal information to OPENRSM, such as name, e-mail address, gender, date of birth, zip code (the "Personal Information"). If you register for any OPENRSM Product, you agree to provide accurate and complete Personal Information and you agree to keep such information current.  Registered User Information  The OPENRSM Privacy Policy explains how OPENRSM collects and uses Personal Information. You consent to OPENRSM's use of your Personal Information under the terms of the OPENRSM Privacy Policy.  Lawful Use of OPENRSM Products  You may use OPENRSM Products for lawful purposes only.  Description of OPENRSM Products  OPENRSM is in the business of providing Internet-based backup products and services, the OPENRSM Products. We want you to have the best possible experience in dealing with OPENRSM and using OPENRSM Products. OPENRSM offers the OPENRSM Products through its website www.openrsm.com and through its retail partners and other vendors. OPENRSM Products may backup specific file types, such as photos, music, home office application files, and other file types. OPENRSM Products operate automatically with little user involvement, and work to back up your files whenever your computer is connected to the Internet.  Changes to the Service  OPENRSM has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the OPENRSM Products including, but not limited to, the software, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on OPENRSM servers on your behalf either cumulatively or for any particular service or the availability of OPENRSM Products on any particular device or communications service. OPENRSM has no obligation to provide you with notice of any such changes.  OPENRSM License to You  OPENRSM and its vendors grant you a personal, non-exclusive, non-transferable limited license to install the software and services distributed by OPENRSM in object code form only on any computer or device from which you wish to access the OPENRSM service for the sole and exclusive purposes of connecting to and using the OPENRSM Products in accordance with these Terms of Use. You may not sub-license, or charge others to use or access the OPENRSM Service. OPENRSM occasionally will provide automatic upgrades to improve your OPENRSM experience, although these upgrades may not be consistent across all platform and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services.  You may not sell, assign, grant a security interest in or otherwise transfer any right in the Software or incorporate it (or any portion of it) into another product. You may not copy the Software. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Software. You may not modify the Software or use it in any way not expressly authorized by these Terms of Use. You may not obtain the communications protocol for accessing the OPENRSM service, the OPENRSM Products, or any other OPENRSM services. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that OPENRSM's introduction of various technologies may not be consistent across all platforms and that the performance and features offered by OPENRSM may vary depending on your computer and other equipment.  You agree to use install and use a paid subscription to any of the OPENRSM Products on as many devices as you wish.  OPENRSM gathers statistical data on each device and creates seperate storage for each.  Restrictions on Access to or Use of OPENRSM Products  You may access OPENRSM Products only through the interfaces and protocols provided or authorized by OPENRSM. You agree that you will not access OPENRSM Products through unauthorized means, such as unlicensed software clients. Certain OPENRSM Products backup only certain types of files. You agree not to circumvent these limitations in any way, including but not limited to, changing file extensions or header information.  Communications  You are responsible for obtaining your own Internet access, such as maintaining all telephone, computer hardware and other equipment needed for access to and use of the OPENRSM Products, and all charges related thereto. Any telephone or other communications charges incurred by you to access OPENRSM are your responsibility. Termination and Fair Use Policy  YOUR USE OF OPENRSM PRODUCTS IS SUBJECT TO OPENRSM'S "TERMINATION AND FAIR USE POLICY." THIS POLICY IS INTENDED TO ALLOW OPENRSM TO DENY SERVICE TO ABUSERS. USERS WHO ARE DEEMED TO BE "ABUSERS", IN OPENRSM'S SOLE DISCRETION, MAY BE NOTIFIED PRIOR TO SUSPENSION OR TERMINATION OF THEIR ACCOUNTS, HOWEVER, OPENRSM RESERVES THE RIGHT TO TERMINATE OR SUSPEND SUCH ACCOUNTS WITHOUT PRIOR NOTICE IN THE EVENT OF A POLICY VIOLATION. ANY FAILURE BY OPENRSM TO ENFORCE THIS POLICY WILL NOT PRECLUDE US FROM ENFORCING IT AT ANYTIME IN THE FUTURE, WHETHER FOR PAST OR CURRENT VIOLATIONS.  Software Data Collection and Privacy Policy  OPENRSM needs to collect limited amounts of basic data about files on your computer. None of this data is shared with third parties. OPENRSM's software routinely scans your computer in order to detect new, modified or deleted data files that require our software to take further action to complete backup and restore operations. OPENRSM's software also catalogs the number and total storage size of various files on your computer. OPENRSM will never examine the contents of your files for any other purpose, and no information about a file's content, other than its type (e.g. digital photos, word processing document, etc.) and size, will ever be collected, tracked or stored by OPENRSM. Contents of all files are encrypted before they are transmitted to OPENRSM's data center. By using OPENRSM Products, you expressly agree to allow OPENRSM to collect and use data as specified in our "Software Data Collection and Privacy Policy."  Disclaimer of Warranty; Limitation of Liability  DISCLAIMER OF WARRANTIES. YOUR USE OF OPENRSM PRODUCTS AND SOFTWARE IS AT YOUR SOLE RISK. THE OPENRSM PRODUCTS AND SOFTWARE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, OPENRSM AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE OPENRSM PRODUCTS AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. OPENRSM AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE OPENRSM PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE OPENRSM PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE OPENRSM PRODUCTS AND SOFTWARE WILL BE CORRECTED. OPENRSM AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE OPENRSM PRODUCTS, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. OPENRSM PROVIDES THE OPENRSM PRODUCTS AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE OPENRSM PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT OPENRSM WILL HAVE ADEQUATE CAPACITY FOR THE OPENRSM PRODUCTS AS A WHOLE.  LIMITATION OF LIABILITY. OPENRSM'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH OPENRSM (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOFTWARE OR OPENRSM PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE OPENRSM PRODUCTS AND SOFTWARE. OPENRSM AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE OPENRSM PRODUCTS, SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH OPENRSM PRODUCTS AND SOFTWARE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF OPENRSM HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OPENRSM AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  Indemnification  You agree to defend, indemnify and hold harmless OPENRSM, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the OPENRSM Products. OPENRSM reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for OPENRSM in that matter. Trademarks  All trademarks appearing on the OPENRSM Products are the property of their respective owners, including, without limitation, OPENRSM, LLC.  Miscellaneous  The provisions of these Terms of Use addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property and governing law shall survive the termination of these Terms of Use and your registration with the OPENRSM Products.