This Terms of Service Agreement ("TOS Agreement") constitutes a valid, binding and enforceable legal contract by and between you, the "Subscriber", and Backupsy ("Formally Nodisto IT") VPS hosting.

The terms "we", "us" or "our" (whether or not capitalized) shall refer to Backupsy. The terms "you", "your", "User", "Subscriber" or "Customer" (whether or not capitalized) shall refer to any individual or entity who accepts this TOS agreement. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

IF YOUR VPS(S) THAT HAVE REGULAR USAGE ADDON GETS MORE THAN ONE DDOS ATTACK (IN TOTAL), WE ARE GOING TO REFUND YOUR LAST 2 PAYMENTS AND STOP THE SERVICE. IF YOUR VPS(S) THAT DO NOT HAVE REGULAR USAGE ADDON GETS ONE DDOS ATTACK, WE ARE GOING TO REFUND YOUR LAST 2 PAYMENTS AND STOP THE SERVICE.

Backupsy reserves the right to add, delete or modify any provision of this agreement at any time without notice. You agree to be bound by any changes Backupsy may reasonably make to this agreement when such changes are made. If you have purchased services or software from Backupsy, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide. You can find the latest update time at the bottom of this page.

Backupsy will not grant that any Subscriber, unaware of a point of this agreement, may escape liability for violating this agreement merely because Subscriber was unaware of the content of this agreement. In the event Subscriber is uncertain if Subscriber's actions will violate Backupsy's agreement, Subscriber must contact Backupsy, via any recordable means, to receive a disposition for Subscriber's actions. Failure for Subscriber to contact Backupsy for a disposition will not grant impunity, and may cause Subscriber's account to be suspended or terminated at Backupsy's discretion.

Data Privacy

Backupsy respects your privacy and will never go through your files. Backupsy will not read or search through your files without your explicit permission submitted via a ticket.

Data Safety

Backupsy takes all the necessary measures to keep your data safe. Virtual machines are not backed up. In the event of data loss, Backupsy's default action will be to provide a new virtual machine for you to store your data in. However, Backupsy is NOT responsible for lost data, time, income or any other resource due to hardware or software failure.

Prohibited Software

Backupsy VPSes are only allowed to run programs intended to store or assist in the backup of Subscriber's data. Anyone found running programs not intended to store or assist in backup will be suspended and asked to cease, if they fail to, termination will follow.

Prohibited Content

Backupsy strictly forbids the backing up, storing, and sharing of any prohibited content. Prohibited content includes, but is not limited to

Excessive Utilization of Resources

Subscriber's programs and services may not use more than 90% of one CPU core per process thread for more than 15 minutes. Subscriber's programs and services will be lowered in priority - such that they can only execute if the CPU is idle - if found to be using more than 90% of one CPU core per process thread. Subscriber's programs and services may not use 100% of one CPU core for more than 2 minutes.

Furthermore, Subscriber cannot utilize more than 50% of allocated IOPS (input and output per second) resources for more than 15 minutes.

We allow and encourage using all of the storage space that you have been allocated with.

Refunds

If you are not satisfied with our services, you can request a full refund of the service fee in 7 days. The 7 days of grace period starts with the payment of the first invoice. Any payment after the first payment is not refundable. License fees, account credits and custom service fees are not refundable. No refunds of any kind will be given if the account in question has violated our Terms of Service prior to the cancellation request.

Unmanaged Service

If Subscriber have chosen an Backupsy service that is unmanaged, Backupsy's support will be limited to resolving issues with Backupsy's servers or networks. Backupsy will not help with installation, configuration, or troubleshooting of any third-party scripts or software that do not pertain to the management of Backupsy's servers or networks.

Traffic Usage

All account plans come with a predetermined amount of traffic allowance. If the 90% of the allocated traffic limit reached, Backupsy will notice the customer. If 110% of the allocated traffic limit reached, Backupsy will suspend the services.

Account Registration

All new accounts MUST be registered with valid, verifiable information. Accounts found to be registered with false information will be terminated without notice and the current payment period will be refunded. Multiple accounts per Subscriber are not allowed.
Subscriber must maintain accurate and current identification information with Backupsy through the entire term of Subscriber's service with Backupsy. Any change in information may be verified by Backupsy, and if Backupsy is unable to obtain verification, Backupsy may suspend or terminate Subscriber's service.
Purchasing services from Backupsy while utilizing a VPN or other such methods is strictly forbidden.

Cancellation

Subscriber must submit cancellation requests from Subscriber's authenticated client area. Backupsy is unable to accept cancellation requests from emails, support tickets sent via unauthenticated means, or live chat. Backupsy is unable to grant exceptions. All account credits will be forfeited at the time of cancellation. Subscriber may request that Backupsy delete all Subscriber information at the time of cancellation.

Chargebacks and Payment Disputes

Please do not file chargebacks or payment disputes without contacting to us. The fees involved in this kind of actions would hurt our pricing structure. We value as a customer and will make reasonable commercial efforts to resolve your payment issues.

Subscriber's Contact Information

Backupsy is not responsible for damages or compensation resulting from Subscriber's inability to receive communication from Backupsy, such as but not limited to notification of downtime, or notification of suspension of Subscriber's services. From time to time, Backupsy may send Subscriber information and/or notices that may or may not be totally relevant to Subscriber; Subscriber may not opt out of these communications.

Fraud Prevention

Backupsy utilizes Maxmind and Fraudrecord to automatically process all new orders. All new accounts may be subject to a manual account review.
All invoice payments for existing services by Subscriber may be subject to random manual reviews.
In the event that Backupsy, during its manual reviews, discover any points that Backupsy requires further clarification on, Backupsy will contact Subscriber via support ticket and/or email, and at Backupsy's discretion, and may suspend Subscriber's services until the verification issue is resolved with Subscriber. In the event that it takes multiple days to resolve a verification issue, Backupsy will credit Subscriber's account with the number of days it took to resolve the issue.

Payments

When a Subscriber signs up for service, an invoice will be generated that is due immediately. Service will not commence until Subscriber pays the invoice.
In the event Subscriber pays with a payment that turns out to be fraudulent, Subscriber's services and account will be terminated immediately and without notice.
If Subscriber initiates a dispute or chargeback, or threatens such action, Backupsy may terminate Subscriber's services immediately and without further notice.
All payments made to Backupsy must be made from the same name, or a reasonable similarity thereof, the name on the Subscriber's account at Backupsy. Subscriber may open a billing ticket with Backupsy and request permission to pay from a different account, however, this is at Backupsy's discretion.
All existing invoices must be paid before ordering new services. If a Subscriber creates a new order without paying existing invoices, the new services may be terminated and refunded, at Backupsy's discretion.
Backupsy's automated billing system runs daily at 7:00am MST (-7 UTC).
Backupsy generates invoices two weeks before the invoice due date.
Backupsy sends out a payment reminder one week before the invoice due date.
Backupsy sends out invoice overdue notices on the first, second, and third day an invoice is overdue.
If Subscriber does not pay the invoice by the 4th day after the invoice is due, Backupsy will suspend Subscriber's service. Subscriber will be notified that their service has been suspended.
If Subscriber does not pay the invoice by the 7th day after the invoice is due, Backupsy will terminate Subscriber's service, without notice. Upon termination, Subscriber's service data will be deleted without possibility for recovery.
It is Subscriber's responsibility to ensure that steps are taken to receive all email communications from Backupsy, and to keep track of due dates for Subscriber's services.
Backupsy will not offer compensation downtime stemming from suspension/termination for Subscriber's lack of responsibility on keeping track of service due dates.

Security

Subscriber is required to maintain a secure account, utilizing good security practices. This includes, but is not limited to, choosing and maintaining secure passwords on servers, shared hosting accounts, and other services provided by Backupsy. If it is determined that Subscriber is maintaining weak account security, Backupsy will, at it's discretion, suspend or terminate Subscriber's service, without a refund. Subscriber agrees to notify Backupsy of any unauthorized activity on Subscriber's account or services, or any other breach of security. Subscriber agrees to take any action necessary to rectify any security issues.

Support

Subscriber is required to submit all support issues via the support ticket system that Subscriber is given access to upon initiation of service. Submitting support issues via email, phone, live chat, or any other method, may not have speedy resolution.
Backupsy strives to maintain 24/7 support under the following response goals, when submitted via support ticket system:

These times are Eastern Standard Time zone, which is -5 UTC:

WEEKDAYS (Mon, Tue, Wed, Thu, Fri):
4 AM(0400) to 5 PM(1700): 30 minutes or less
5 PM(1700) to 4 AM(0400): 6 hours or less

WEEKENDS (Sat, Sun) and HOLIDAYS:
Any time of day: 6 hours or less

Please note that these are support ticket response goals, not issue resolution goals. Backupsy does not offer compensation for support tickets that fall outside of the response goals. Depending on factors outside of our control, issue resolution may take longer than anticipated. Backupsy does not offer compensation for such delays. Issues may be worked by multiple support techs. Please do not request resolution by a specific tech, as this will delay resolution of Subscriber's issue.

Illegal Activities

All services provided by Backupsy may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States 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 Backupsy from any claims resulting from the use of service which damages the subscriber or any other party.

Backupsy Products or Services may not be used to store, backup, or distribute child pornography and may not be Used in violation of U.S. export control laws or the export or import regulations of other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import as may be required.

You may not Use Backupsy Products or Services if you are a citizen, national, or resident of, or are under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, Iraq, Morocco, Nigeria, Tunisia, Pakistan, Algeria, Afghanistan, Saudi Arabia, or any other country to which the United States has prohibited export. Each time you Use Backupsy Products or Services you represent, warrant, and covenant that:
If we find any illegal activity within your account, your account will be suspended immediately. Additionally, Backupsy will notify the proper authorities of your actions.

DMCA Policy

As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding content stored by Backupsy. If you believe content hosted by Backupsy infringes a copyright, please provide the following information to the person identified above (17 U.S.C. 512):

Privacy

Our site uses an order form for customers to request services. We collect sensitive information which is used only for our purpose, no third party receives any type of information from us.
Contact information from the order form is used to get in touch with the customer when necessary.
Billing information that is collected is used to bill the client for services.
Unique identifiers are collected from Web site visitors to verify the user's identity.
Demographic and profile data is also collected at our site.
We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy. Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH AS BILLING INFORMATION, ETC.

Revision date: Apr 23, 2013