Backup Online Terms And Conditions

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY AND ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, ANY APPLICABLE HOSTING AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO. YOU ARE SOLELY RESPONSIBLE FOR USE OF THE SERVICES BY ANY OF YOUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ANY OTHER END USER OF THE SERVICES (COLLECTIVELY, THE END-USERS). YOU AGREE TO ENSURE THAT, END-USERS COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, ANY GAMING, SERVER AND OR HOSTING AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO.

Backup Online reserves the right to change or modify this Agreement, and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to customers. Any changes or modification will be posted by Backup Online, and become effective upon posting of the revisions on the Site. Backup Online will post a notice of such changes or modifications on the Site for thirty (30) days. You are responsible for regularly reviewing the Site to obtain timely notice of such changes or modifications. Your continued use of the Services following Backup Online’s posting of any changes or modifications will constitute your acceptance of such changes or modifications.

IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY PROVIDE NOTICE OF TERMINATION OF THIS AGREEMENT IN ACCORDANCE WITH SECTION 1.1 BELOW.

1. Terms and Payment for Services

1.1 Term and Termination.

The Services are provided on a fixed term basis and shall be provided, unless Backup Online receives additional payment from you, until the last day of the fixed term. Either party may at any time terminate this Agreement, prior to the Termination Date, provided that Backup Online will provide the Services until the Termination Date.

1.2 Notice of Termination.

You must provide Backup Online with notice of termination in writing to info@backuponline.com.au by e-mail. You shall provide Backup Online with sufficient identification information so that Backup Online may properly identify you and your account. Any notice of termination will be effective thirty (30) days following Backup Online’s receipt thereof. An email address or username and password will not be acceptable as identification.

1.3 Liability and Obligations on Termination.

Should the Agreement expire or be terminated for any reason, Backup Online will not be liable to you because of such expiration or termination for compensation, reimbursement or damages on account of the loss of profits or sales (anticipated or actual), goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such termination or expiration. Any termination of this Agreement shall not relieve you of any obligations to pay fees and costs accrued prior to the termination date. Backup Online shall not be obligated to notify any third party of the termination of your account or provide any termination assistance. Without limiting the generality of the foregoing, Backup Online shall have no obligation to forward any email messages, data, information or other content related to your use of the Services, and you acknowledge that all such email messages, data, information and content may be immediately deleted by Backup Online.

1.4 Charges.

You agree to pay all fees and charges incurred which relate to your use of the Services, in accordance with the rates, terms and conditions established from time to time by Backup Online. Such rates, terms and conditions will be posted on the Site or otherwise made available to you by Backup Online. Backup Online shall begin charging you on the date that you subscribe for the Services, unless otherwise specified by Backup Online.

1.5 Payment.

All charges for the Services must be paid in advance according to the then current price applicable to the Services. When ordering the Services through the sign-up server at the Site, you must elect to pay for the Services by your proffered method. Backup Online reserves the right to modify the forms of payment it will accept, at any time, in its sole discretion.

1.6 Failure to Pay.

If you fail to pay any fees and taxes within five (5) days from applicable due date for bank account payments, late charges of the lesser of one and one-half per cent (1.5%) per month (i.e. 18% per annum) or the maximum amount allowable under applicable law shall also become payable by you to Backup Online. In addition, your failure to fully pay any fees and taxes within five (5) days after the applicable due date will be deemed a material breach of this Agreement, justifying Backup Online’s immediate suspension of its performance of the Services and/or termination of this Agreement. You are responsible for any fees associated with reinstating the Services. Any such termination would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, legal fees, court costs and collection agency fees.

2. Use of Services

2.1 Responsibility for Use.

You are responsible for use of the Services and the maintenance of all passwords related to the Services. You are solely responsible and liable for any and all activities that occur in respect of your use of the Services, including without limitation all activities of any users authorized by you or using your passwords. You are also responsible for maintaining the confidentiality of all passwords related to your use of the Services. You agree to immediately notify Backup Online of any unauthorized use of the Services or your passwords or of any other breach of security and to provide assistance to Backup Online, as requested, to stop, prevent or remedy any breach of security.

2.2 Applicable Policies and Agreements.

The Backup Online Privacy Policy at http://www.backuponline.com.au/privacy.htm

All agreements and policies may be updated or amended from time-to-time.

2.3 Material and Product Requirements.

You must ensure that all material and data placed on Backup Online's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Backup Online. Backup Online will make no effort to validate any of this information for content, correctness or usability. In the event that your material is not "server-ready", Backup Online has the option at any time to reject this material. Backup Online will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of Backup Online. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your service. You must have the necessary knowledge to create and maintain the service. It is not Backup Online's responsibility to provide this knowledge or customer support.

2.4 Miscellaneous Components.

You acknowledge that you may not compile or install binary files other than the ones provided by Backup Online. Backup Online does not make C compilers available. You may use ftp to access your home directory for the purpose of installing and editing your services.

2.5 Unacceptable Material.

Housing of any of the following files is considered a violation of the terms and conditions:

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provides chat functions that run as background processes are not allowed.

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.

Commercial Advertising - Email - Spamming, i.e. the sending of unsolicited email, from any Net Logistics server or any server located on the Net Logistics network is STRICTLY prohibited. Net Logistics will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Net Logistics. In addition to termination of any account found to be in violation there will also be a $100 penalty fine applied for every valid spam complaint processed by Net Logistics staff.

ShoutCast Servers - We do not allow Shoutcast Servers on shared, reseller or VPS packages.

Background Running Programs - We do not allow any kind of background running programs or processes on shared or reseller packages. (The aforementioned restriction does not apply to VPS or dedicated platforms).

PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

Copyright Material – Any type of copyright material in any form is prohibited.

Any attempts to undermine or cause harm to a Backup Online server or subscriber of Backup Online is strictly prohibited including, but not limited to:
  • Logging into a server or account that you are not authorized to access.
  • Accessing data or taking any action to obtain services not intended for you or your use.
  • Attempting to probe, scan or test the vulnerability of any system, subsystem or network.
  • Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization.
  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System.
  • Interfering with, intercepting or expropriating any system, data or information.
  • Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system.
You will be held responsible for all actions performed by your account whether it be done by you or by others.

3. Enforcement

3.1 Investigation of Violations.

Backup Online may investigate any reported violation of this Agreement, its policies and guidelines or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its interests, including without limitation, its systems, servers, facilities, customers and/or third parties. Backup Online will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

3.2 Actions.

Backup Online reserves the right in its sole and absolute discretion to restrict or remove from its servers any content that it deems to be in violation of this Agreement, its policies or guidelines, third-party intellectual property rights or any laws. Backup Online may immediately take action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Services, (c) restricting or prohibiting any and all uses of content hosted on Backup Online's systems, and/or (d) disabling or removing: (i) any hypertext links to third-party web sites, (ii) any of your content distributed or made available for distribution via the Services, or (iii) other content not supplied by Backup Online. It is Backup Online's policy to terminate Services to infringers. The above stated rights of action, however, do not obligate Backup Online to monitor or exert editorial control over the information made available for distribution via the Services and you acknowledge that Backup Online has no obligation to censor or monitor use of the Services by you, or any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services. In the event Backup Online takes action due to such possible violation, Backup Online shall not be obligated to refund to you any fees paid in advance of such action.

4. Warranties and Disclaimers

4.1 Warranty and Disclaimer.

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Backup Online DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Although Backup Online will use commercially reasonable measures to maintain the security of the Services, Backup Online assumes no responsibility for the effectiveness of these security measures provided by Backup Online.

5. Exclusion and Limitation of Liability

5.1 Exclusion of Liability.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL Backup Online, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE "Backup Online ENTITIES" AND EACH, A "Backup Online ENTITY") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE Backup Online ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH Backup Online's SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES.

5.2 Limitation of Liability.

CIRCUMSTANCES MAY ARISE IN WHICH YOU ARE ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF THE Backup Online ENTITIES. IN SUCH INSTANCE, THE AGGREGATE LIABILITY OF THE Backup Online ENTITIES FOR DAMAGES IS LIMITED TO THE LESSER OF (A) THE AMOUNT ACTUALLY PAID TO Backup Online BY YOU UNDER THIS AGREEMENT DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED OR (B) THE SUM OF FIFTY (AUD$50.00) AUSTRALIAN DOLLARS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY Backup Online HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE THE Backup Online ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS PARAGRAPH.

5.3 Interruption of Service.

You hereby acknowledge and agree that Backup Online and its suppliers will NOT be liable for any delay, outages or interruptions of the Services. Further, Backup Online shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electrical electronic, communications or third-party supplier failure).

6. Communication

6.1 Communication Between Backup Online and You.

All communication between you and any Backup Online employees is copyright and cannot be used in matters other than discussion between Backup Online and You.

Terms and Conditions Copyright © Backup Online 2006 Privacy Policy