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Terms of Use


The purpose of this Agreement is to set forth the respective rights and responsibilities of PBU and you relative to the collection, retrieval, transmission, and remote storage of data maintained by You, as follows:

      1. You understand and agree that PBU is not responsible for the organization, maintenance, and compilation of the Data organized, collected and maintained or stored on your computer or servers (hereinafter “Data”).
      2. You understand and agree that this agreement governs only the collection, retrieval, transmission, and remote storage of the Data by PBU, as selected by you. PBU is only a complementary Data Storage Service which will upload, back up and store Data and Data files identified for such Data Storage Services by You.
      3. You understand and agree that the Data Storage Services offered hereunder by PBU are solely to complement and be redundant backup storage of the Data already maintained by you. You acknowledge and agree that you have already implemented backup storage of the Data, and that you are solely responsible for the proper implementation of the backup selections made by your IT provider, and You understand that the Data Storage Services offered here are meant to complement and be redundant to your existing Data Storage.
      4. You understand and consent to PBU downloading proprietary software necessary to collect, retrieve, and transmit via the internet the Data. PBU shall not be responsible for any conflicts or other damages caused by the proprietary software downloaded to your computers or servers for purposes of collecting and retrieving the Data. PBU shall not be responsible for selecting which Data shall be stored using the Data Storage Services.
      5. You understand and consent to PBU collecting such Data and transmitting it across the internet to data backup servers operated by PBU. PBU shall use standard encryption software to preserve the security of the data, but shall not be responsible for loss or destruction of the Data collected and transmitted to PBU servers via the internet.
      6. You understand and agree that, you may, upon payment of applicable additional fees, request a complete copy of the Data maintained by PBU.
      7. You understand and agree that if you utilize PBU’s complimentary service to assist you to establish your first off-site data storage, including, but not limited to, the choice of the Data selected for such off-site data storage under this Agreement, PBU shall assume no liability for any act, omission, loss or destruction of any data caused during the initial set up, whether caused directly or indirectly by acts or omissions of PBU, because PBU is offering this complementary service as a courtesy to our customers, and is simply your agent for the establishment of the initial Data Storage Services.
      8. You understand that PBU maintains an encryption password which may link You to Your Data, which password is used solely for maintaining and servicing the backup, and which is created at the time of installation of the PBU software on your workstation or server. If this is lost by you after creation, you will not be able to recover the Data backed up on our servers. You are responsible for maintaining that password and additional fees will be applicable if we must recover the Data stored under this Agreement.
      9. You understand by downloading and using the PBU software for your backups, you agree to all the terms in this End User License Agreement.
      10. You bear sole responsibility for all Data used with the development, operation or maintenance of any software programs or services that you use with your access to or use of the Data Storage Services, including without limitation taking the steps necessary to back up such data, software programs or services.
      11. You acknowledge that you bear sole responsibility for adequate security, protection and backup of your Data content and applications. We strongly encourage you, where available and appropriate, to (a) use encryption technology to protect your data and content from unauthorized access, (b) routinely archive your data and content, and (c) keep your Applications or any software that you use or run with our Data Storage Services current with the latest security patches or updates. We will have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any of your data, content or applications.

You also understand and agree to PBU’s End User License agreement.

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Proven Backup is a service of Professional Data Systems, a leading provider of IT solutions for the healthcare industry since 1997. Proven Backup provides secure, affordable and reliable HIPAA compliant Medical Data Backup including backups of EMR Solutions, Medical Records Storage, Medical Records Management and Medical Records Software. Located in White Plains, Westchester County, New York serving medical practices nationwide.