Backupbank.co.za ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of the Backup Bank Service constitutes acceptance and agreement to Backup Bank as well as Backup Bank TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Backup Bank and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of South Africa to contracts enforceable in that country.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, the Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Backup Bank shall have the right to terminate all service set forth in this Agreement.
Payments and Fees: Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a R50 reconnect charge. Accounts not paid by due date are subject to a R50 late fee. Accounts that are not collectable by Backup Bank may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than R500 nor more than R1 500.
If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. If a canceled account is reinstated and requires a restore from backups, a R250 fee will apply. Any credit card chargebacks placed on payments made to Backup Bank will incur a R100 penalty.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Legal Threats & Professional Behavior: Please behave in a reasonable manner towards Backup Bank and its employees. Any unreasonable threats, either personal or against the company will receive a warning for breach of these conditions. Personal abuse towards Backup Bank, employees or legal threats against the company are viewed as extremely serious. Backup Bank, reserves the right to refuse to do business with a person or company as a result and possibly terminate any accounts in question.
SPAM and Unsolicited Commercial E-mail (UCE): Backup Bank takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of Backup Bank may not use or permit others to use our network to transact in UCE. Violations of this policy carry severe penalties, including termination of service.
Violation of Backup Bank SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Backup Bank will initiate an immediate investigation (within 48 hours of notification). During the investigation, Backup Bank may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Backup Bank may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Backup Bank reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Backup Bank will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of R500 and your account will be reviewed for possible immediate termination. A second violation will result in an immediate termination of your account.
System Resource Usage (CPU/Memory/etc.): Per our AUP, abuse of system resources is prohibited. First violations may or may not cause an account suspension depending on the severity of the issue. The customer will receive a clear warning. Second or third violations may result in an immediate termination of your account. Backup Bank staff members will judge based on server performance on what type of activity is considered as abusive.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. Backup Bank will monitor Customer's bandwidth and disk usage. Backup Bank shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Backup Bank sole and absolute discretion.
If Backup Bank takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Using a shared account as a backup/storage device is not permitted. Do not keep backups on the server of your websites or installation scripts.
Examples of unacceptable material used or stored include:
- Torrent Sites
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery Sites
- Hateful/Racist/Harassment oriented sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
System and Network Security: Users are prohibited from violating or attempting to violate the security of the Backup Bank Network. Violations of system or network security may result in civil or criminal liability. Backup Bank will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.
- Taking any action in order to obtain services to which such User is not entitled.
Backups and Backup Access: Customer acknowledges that additional backups are the responsibility of the customer. Backup Bank keeps overall system snapshots in case of full system recovery and may not be able to provide you with on-demand recovery in case of individual file corruption or accidental deletion.
Backup Bank reserves the right to suspend network access to any customer if in the judgment of the Backup Bank network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Backup Bank chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete.
Right to refuse service: Backup Bank reserves the right to refuse service to any customer at any time within reasonable means/requests.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. No chat software/scripts are to be used on our servers unless approved by management.
The Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
Backup Bank takes no responsibility for any material input by others and not posted to the Backup Bank Network by Backup Bank. Backup Bank is not responsible for the content of any other websites linked to the Backup Bank; links are provided as Internet navigation tools only. Backup Bank disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
Disclaimer of Warranties: SUBSCRIBER ACKNOWLEDGES THAT THE SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. COMPANY HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED AND STATUTORY), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SERVICES (INCLUDING WITHOUT LIMITATION THEIR QUALITY, AVAILABILITY, PERFORMANCE, FUNCTIONALITY AND COMPATIBILITY WITH ANY OTHER SERVICE OR PRODUCT), (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY COMPANY OR COMPANY'S REPRESENTATIVES SHALL CREATE A WARRANTY.
Limitation of Liability: COMPANY SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE OF THE SERVICES CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL COMPANY BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION CONTAINED IN SUBSCRIBER'S WEBSITE OR OTHERWISE, OR LOSS OF GOODWILL OR OPPORTUNITY) WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
COMPANY SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. COMPANY'S ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY IS THE CANCELLATION OF SUBSCRIBER'S ACCOUNT. IN NO EVENT SHALL COMPANY'S LIABILITY TO SUBSCRIBER EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY SUBSCRIBER TO COMPANY FOR THE SERVICES IN DISPUTE DURING THE ONE YEAR PRECEDING THE CLAIM. NO ACTION, REGARDLESS OF FORM, ARISING FROM, BASED ON OR RELATED TO THIS AGREEMENT OR THE PROVISION OF THE SERVICES MAY BE BROUGHT BY SUBSCRIBER MORE THAN ONE YEAR AFTER THE EVENT WHICH GIVES RISE TO THE APPLICABLE CAUSE OF ACTION. SUBSCRIBER'S RIGHTS MAY VARY FROM STATE TO STATE, AND SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THIS AGREEMENT. IN SUCH JURISDICTIONS, COMPANY'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Responsibility for Content: You, as Backup Bank customer, are solely responsible for the content stored on and served by your Backup Bank account.