Terms of Service
You must accept these terms of service in order to use our service. These terms of service may be updated as needed at any time without notice. The main purpose of this agreement is to protect all users on our servers. Read these terms of service carefully and return here frequently. Updates are catalogued at the bottom of this page. 1.) Suspension Violation of these terms of service could result in suspension or removal of your account depending upon the circumstances. Suspension means that your account is put into a limbo state and is unreachable through any means. During suspension no files are lost or altered. We reserve the right to suspend any or all accounts held by you without notice if we deem it necessary to do so. 2.) Scope of Service Our servers and pricing have been designed to be low cost and therefore, in that spirit we are simply providing normal ftp level hosting services. 3.) Limitation of Liability You expressly understand and agree that BackItUp.com.au shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BackItUp.com.au has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. 4.) Content All services provided by BackItUp.com.au may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States or Australian Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless BackItUp.com.au from any claims resulting from the use of the service which damages the subscriber or any other party. 4.1) Pornography and sex-related merchandising are prohibited on any BackItUp.com.au server. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to BackItUp.com.au servers or any other server on the internet. Links to such materials are also prohibited. This policy is in effect because of the excessive load this material puts on our servers and bandwidth, and the legal ramifications of such sites. 4.2) You agree to not use the Service to: a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or religiously, racially, ethnically or otherwise objectionable. 5.) Examples of non-acceptable content or links Pirated software Hackers programs or archives Warez Sites Adult Sites Illegal Music and Videos HYIP sites are not allowed due to the increased risk of DDoS attack. HYIP monitor sites and the like are acceptable. BackItUp.com.au will be the sole arbiter as to what constitutes a violation of this provision. Any websites found in violation of this policy will be cancelled and any resulting monetary damages to us will multiplied by a factor of two (2) and charged to the account holder. 6.) SSH (secure shell) Secure shell access is not available. 7.) Server abuse Any attempts to undermine or cause harm to a BackItUp.com.au server or customer of BackItUp.com.au is strictly prohibited. No user is allowed to use more than 5% of the server's resources. In the event there is a problem the account holder will be notified. If the user continues to use more than 5% of the server's resources the account will be suspended. *For reference that average medium traffic account uses about 0.5%. 8.) Damages If you violate these terms of service and it results in damage to our servers or causes BackItUp.com.au any additional expense or legal fees you agree to compensate us in full for the amount of monetary damages multiplied by a factor of two (2) as determined by us. 9.) Liability BackItUp.com.au is in no way responsible for down time either resulting from a users actions, or natural fluctuations in internet consistency. BackItUp.com.au will however, do everything within its power to assure that each and every client account is up as consistently as possible. 10.) Indemnity You agree to indemnify and hold BackItUp.com.au, and its officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. 11.) Billing The BackItUp.com.au billing period is typically every 1 month or year. Each account may be automatically debited each billing period for the total amount due, until email notice of cancellation is received and confirmed. If the credit card on file is declined for any reason or cheque/money order isn't received, the customer will receive notification via email. Response to this email is required within 24 hours. In the event there is no response from the account holder the account will be suspended until payment is received. After the account has been suspended for 30 days it may be deleted. 12.) Refunds: We hope that you are fully satisfied with your hosting from us, but in the event you are not, we do not offer any monetary refund. Refunds are not made on accounts cancelled due to violation of our terms of service. 13.) Account Changes Customers may not change their username; a new account must be established. 14.) Cancelling Service To cancel service please send e-mail to support@BackItUp.com.au indicating that you wish to cancel service. Please supply your account username and password for verification purposes, or we will need to verify via email for your protection. We will immediately stop recurring billing on your account at PayPal and delete your account at the end of its current billing cycle for the accounts affected. Once cancelled you should receive confirmation from us and your billing service (PayPal). 15.) Reseller Hosting You may not resell BackItUp.com.au services.
Email:
support@backitup.com.au
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