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TERMS
OF SERVICE
BackUpSecure™ and ADS Distribution Ltd ("BackUpSecure")
provide Internet-based and other services and software solely under these
Terms, which are agreed to constitute the entire agreement between the
parties. BackUpSecure™ reserves the right to suspend or cancel a
customer's access to any or all services provided by BackUpSecure™
when BackUpSecure™ decides that the account has been inappropriately
used or otherwise.
SERVICE
USE
BackUpSecure accounts are to be used by the Customer only. Account holders
are not permitted to resell, store or give away services of their account
to other parties.
BackUpSecure
reserves the right to refuse service and /or access to its services and
facilities and software to anyone.
BackUpSecure
does not allow any of the following content to be stored on its service
or facilities:
Illegal Material - This includes copyrighted works, commercial audio,
video, or music files, and any material in violation of any Government,
Federal, State or Local regulation.
Adult
Material - Includes all pornography, erotic images, or otherwise lewd
or obscene content. The designation of "adult material" is left
entirely to the discretion of BackUpSecure.
Warez
- Includes pirated software, ROMS, emulators, phreaking, hacking, password
cracking. IP spoofing, etc., and encrypting of any of the above. Also
includes any sites which provide "links to" or "how to"
information about such material.
USAGE
POLICY
High bandwidth usage: BackUpSecure offers its usage policy by maintaining
very large ratios of bandwidth per customer. In rare cases, BackUpSecure
may find a customer to be using server resources to such an extent that
he or she may jeopardize server performance and resources for other customers.
In such instances, BackUpSecure reserves the right to impose the High
Resource User Policy for the consideration of all customers.
HIGH
RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization and/or
data volumes.
BackUpSecure
may implement the following policy to its sole discretion:
When
a user's account usage is found to be heavily degrading the resources
available BackUpSecure reserves the right to suspend or limit that account
immediately. This policy is only implemented in extreme circumstances
and is intended to prevent the misuse of our servers. Customers may be
offered an option whereby BackUpSecure continues to provide the services
for an additional fee.
PAYMENT
POLICIES
All paying accounts are set up on a prepay basis. Although BackUpSecure
reserves the right to change prices of accounts or services at any time
all pricing is guaranteed for the period of prepayment. Payment is due
each anniversary year or month following the date the account was established.
Customers will automatically be charged again at the end of their prepay
period unless closure notification has already been given.
In
situations where the payment by card has been set up and the card number
on file is declined BackUpSecure will immediately suspend the facility
to purchase services on-line or otherwise until the outstanding charge
is processed successfully. In addition, BackUpSecure reserves the right
to suspend other services until the outstanding debt is cleared. The customer
is responsible for all money owed on the account from the time it was
established to the expiry of the pre-pay period within which the customer
sends a written cancellation request.
No
bills or invoices will be sent by regular mail. All invoices will be sent
directly to customers via email shortly after the customer's order has
been made or rolled on as described above. At this point the customer's
card or account facility will be charged automatically.
All
payment is in UK sterling or equivalent as listed on the BackUpSecure
website.
CANCELLATION
AND REFUNDS
BackUpSecure reserves the right to cancel or limit the service at any
time.
Fees
charged on a prepay basis and software charges are non-refundable. In
addition some customers may choose to purchase consultancy services or
set-up or data retrieval services: these charges are also non-refundable.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold BackUpSecure
and its agents affiliates partners and distributors harmless from any
and all demands, liabilities, losses, costs and claims, including reasonable
legal fees asserted against BackUpSecure, its agents, its customers, officers
and employees, that may arise or result from any service provided or performed
or agreed to be performed or any product sold by customer, its agents,
employees or assigns. Customer agrees to defend, indemnify and hold harmless
BackUpSecure against liabilities arising out of; (1) any injury or loss
to person or property caused by any products sold or otherwise distributed
in connection with BackUpSecure' service or software; (2) any material
supplied by customer infringing or allegedly infringing on the proprietary
rights of a third party; (3) copyright infringement and (4) any defective
products or services supplied or introduced to customer by BackUpSecure
or its agents.
DISCLAIMER
BackUpSecure will not be responsible for any damages you or your business
may suffer. BackUpSecure makes no warranties of any kind, expressed or
implied for services or software or facilities that we provide. BackUpSecure
disclaims any warranty or merchantability or fitness for a particular
purpose. This includes all consequential losses and loss of data resulting
from delays, nondeliveries, wrong delivery, data corruption, and any and
all service interruptions caused by force majeure or by actions or failures
to act by BackUpSecure and its suppliers and its employees. Customer is
entirely responsible for management, testing and recording of encryption
keys, for security and decryption of backups. BackUpSecure reserves the
right to revise its policies at any time.
JURISDICTION
Any legal dispute may be settled only under the law of England in the
English courts. Notwithstanding any other limitation of damages herein
established, in no event shall any damages assessed exceed the refund
of charges for the unexpired portion of the account payment period.
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