Terms of Service
This agreement (hereinafter "Agreement", "Terms of Service", "TOS" or "Terms") constitutes a legal agreement between your and Light Speed Consulting Corporation ( "We", "Us", "Backupazon" or "Backupazon.com") a provider of website backup services ("Services").
Terms of Service
- Backupazon, as your website backup service provider, will supply Customer with a backup service according to the specifics of your plan, along with Amazon S3 Storage for storing and archiving your website backups, as indicated on our Web site (hereinafter "Services").
- You warrant that the contact and billing information, as listed on the account signup form, is correct, complete and an accurate representation of your contact details. You also warrant that you are a valid representative of the entity or organization listed on our signup form, and are at least 18 years of age.
- This Agreement represents the entire agreement between you and Backupazon, and supersedes any and all other communications and any course of performance or course of dealing, except as modified by revisions of this posting by Backupazon or written agreement by an authorized officer of Backupazon (provided, however, that any such revised posting shall take effect prospectively from the date of the posting.)
- Any of the terms, prices or services offered can be amended, modified or updated by Backupazon at any time.
- Customer is responsible for providing cPanel/WHM credentials and scheduling account backups as required. Customer is responsible for updating these credentials at Backupazon if they change in the future.
- In the event that a Customers webhost blocks (firewall, cphulk, etc...) Backupazon from performing account backups, the Customer is responsible for notifying their webhost and request that certain IP addresses be unblocked and white-listed.
- Customer is responsible for ensuring backups have successfully completed by reviewing available logs and reports.
- Customer is responsible for verifying the integrity of the backup through review of comparable data at Amazon S3 and the cPanel backup logs (file size, file date, file m5sum, etc...) as well as periodically manually verifying backup content by downloading from Amazon S3 through our system and uncompressing the backup file.
- Customer is responsible for maintaining the confidentiality of login and billing information. Backupazon is not liable for any account disputes that may arise between various parties holding account login information. Backupazon is not responsible for any changes made to the account or any information that has been modified by Customer, or any parties authorized by Customer, to access the Control Panel.
- Customer is responsible for updating and maintaining contact and billing information with Backupazon. Any changes to the Customer contact information must be made using the account Control Panel or by contacting our Support Team. Customer is responsible for ensuring that Backupazon is able to notify the Customer for technical, billing or other issues or purposes deemed necessary by Backupazon to maintain the account.
- Backupazon reserves the right to refuse service to anyone in violation of our Terms of Service or anyone using our networks or servers for unlawful purposes.
Payment Policies – General
- Accounts will not be activated or reactivated without prior payment.
- All service fees and renewal fees are due on or before the due date of the renewing account.
- Incomplete, incorrect or questionable signup information can result in an account NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
- Any losses or expenses experienced by the Customer, due to actions taken by Backupazon in response to Customer non-payment, are not the responsibility of Backupazon.
Payment Policies – Payment Processing
- Backupazon’s preferred methods of payment are credit card or PayPal.
- By purchasing our services, you are agreeing to allow Backupazon to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan you select.
- You grant Backupazon permission to charge your credit card for any and all services you request, including, but not limited to, backup service renewals.
- If we are unable to process a payment for your backup service plan by its due date, we may add a $10.00 Late Payment Penalty.
- If we are unable to process your payment within 3 days following your due date the account will be cancelled for non-payment and you will not be able to access the service or your website backups.
- When an account is cancelled, all copies of the website files are permanently and irretrievably removed from our servers and Amazon S3 servers.
- If an account has been suspended/cancelled for non-payment, it will only be reactivated upon payment of all overdue fees (including any late penalties and data recovery fees.)
- If we make any refunds due to charges you dispute with your credit card company or Paypal, we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by Backupazon as a result of your dispute or charge-back request. We cannot guarantee any files will be available upon reactivation.
- It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.
- You are free to cancel your account at any time. Similarly, we reserve the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement.
- Fees for products and services are non-refundable, unless there is an express money-back guarantee.
- If you are paying via a recurring PayPal Subscription, it is your responsibility to cancel the subscription through PayPal.
- If you do not wish to continue your website backup with Backupazon, it is your responsibility to contact our Support Team to cancel your account.
- If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign up, the Customer will, upon request, receive a full refund of all services fees. Requests for these refunds should be made through our Support Team. Refunds made for a thirty (30) day money-back guarantee will not include setup fees, or any fees for additional services that are purchased in the first thirty (30) days.
- The thirty (30) day money-back guarantee is valid for credit-card payments and PayPal payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the thirty (30) day money-back guarantee for other payment methods.
- If your account is cancelled for any reason, we may, in our sole discretion, refund none, some or all of the payment remitted prior to cancellation. In most cases, we will process refunds using the same form of payment that was originally used to pay for the service being refunded. If we are not able to do so, we will issue the refund in the form of a check.
- You have ninety (90) days to dispute any charge or payment processed by Backupazon. If you have a question concerning a charge you believe is incorrect, please contact us at firstname.lastname@example.org.
- required or permitted by law, or is reasonably necessary to comply with subpoenas, court orders, other legal process, or requests of governmental authorities;
- intended to prevent or assist in the investigation of suspected fraud or other illegal activities, or otherwise represents actions taken in connection with such activities;
- to enforce these Terms of Service or otherwise establish or exercise Backupazon's legal rights or defense against legal claims; or
Backup / Restore
- Backupazon does not guarantee the integrity of cPanel account backups. We perform the standard WHM full backup of the cPanel account based upon the credentials you provide.
- Backupazon does not guarantee the completion of any cPanel backup archiving to Amazon S3. Our service run on the public Internet and as such is subject to service interruption and outages. i.e. if your hosting provider cannot successfully ftp files to our Amazon EC2 staging servers then your backup archiving to Amazon S3 will fail. We will notify you by email; we will log the failure in your members area.
- Backupazon ALWAYS recommend that Customers maintains a current copy of their full cPanel backup on their own equipment, separate of their hosting provider and separate of Backupazon.
- We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our Customers, including but not limited to actions requiring us to deactivate services, shut down our network, or review the content on accounts to evaluate the reason for perceived behaviors.
- In rare instances, we may need to completely delete an account because of some significant failure, security breach or other emergency.
Acceptance of Commercial Relationship and E-mail Communications
- By purchasing Services, you are agreeing to this commercial relationship with us. As such, you agree our communications to you are solicited emails and not SPAM.
- From time to time, we offer our Customers the opportunity to participate in special offers, contests or surveys, and we may feel it is important to notify you about new products and services through promotional materials and newsletters. You may choose to opt out of receiving these notifications either by responding to the unsubscribe instructions included in the e-mail or by contacting our Support Team.
Standard and Private-Label Reseller Programs
- In addition to all terms and conditions described in this Agreement, the following shall also be applicable to Backupazon Wholesale and Private-Label Resellers.
- The Reseller agrees, on behalf of both the Reseller and each Customer signed up by the Reseller, to comply with these Terms of Service.
- In the event that a Reseller or a Reseller’s Customer is determined to be in violation of the Terms of Service, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with the Terms of Service.
- Backupazon is not responsible for the actions or misrepresentations of Resellers. The Reseller hereby agrees to indemnify Backupazon from and against any and all claims made by any Customer that result from the Reseller’s misrepresentation, breach of the Terms of Service or other improper actions by the Reseller.
- Backupazon reserves the right to revise its Wholesale and Private-Label Reseller Programs and the Terms of Service at any time. Changes shall take effect when posted online.
- Customers who have been signed up by Resellers agree to operate their backup services in accordance with the Terms of Service.
- Resellers cannot make any modifications to the Backupazon Terms of Service. Any such alterations shall be deemed a violation of the Terms of Service and could result in a cancellation of a Reseller’s account(s). Backupazon is not responsible for any modifications made to the Terms of Service by Resellers.
- Resellers in the Wholesale Reseller Program assume all responsibility for billing and technical support for each of their Customers. Backupazon reserves the right to refuse inquiries made to the Support Team from the Customers of Resellers in the Wholesale Reseller Program.
Waiver of Jury Trial
- Both you and Backupazon hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of this Agreement.
- The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims.
- You and Backupazon each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings.
- Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver.
- The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.
Limitations of Liability
- Backupazon operates a web host backup service, which affords a cost-effective backup option for our Customers and introduces some risk that an individual Customer could impact others.
- We cannot accept any liability for downtime, interruptions of service, loss of business, loss of data, breach of security or inadvertent access to your private data.
- We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where Backupazon must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong.
- Backupazon AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MEMBERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH Backupazon IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY Backupazon.
- YOU AGREE THAT ALL ACCESS AND USE OF Backupazon AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL Backupazon BE LIABLE FOR (A) ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, TOOLS, SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM, (B) FOR ANY DAMAGES OR COSTS ARISING FROM ANY THIRD PARTY’S ACTIONS, FAILURE TO ACT, OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER, OR (C) ANY CUSTOMER WEB SITE OR ANY CONTENT ON SUCH WEB SITES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, TOOLS AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEB SITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Backupazon SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE.
- These Terms shall bind and benefit the successors and heirs of the parties. These Terms, product offerings and pricing are subject to change at any time, without notice. If you do not agree to any changes, your only recourse is to stop using the service; in these situations we will provide a pro-rated refund for unused services.
- By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you consent to the federal and provincial court of The Province of Ontario having jurisdiction over you. The Terms and the relationship between you and Backupazon shall be governed by and interpreted in accordance with the laws of The Province of Ontario, Canada, without reference to its principles of conflicts of law.
- If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.
Updated January 1, 2014