|No longer worry about
||A hard drive crash
||A power outage or fire
||Taking home a daily backup tape
||Whether your backup tape or disk will restore in an emergency.
|B4Backup Policy / Terms
|Account User Limits
Each account includes one user, extra users are available for the fees listed in the add-ons price page section.
Each user account is allowed 2 physical concurrent connections. Concurrent connections are to allow users to perform FTP transfers. Abuse of concurrent logins (sharing, etc) can cause termination of the account.
Please refer to our Acceptable Use Policy and Privacy Agreement for details. B4Backup respects our clients right to privacy.
Copyright violations should be reported to email@example.com
|B4BACKUP Acceptable Use Policy(AUP) and General Terms and Conditions
This Acceptable Use Policy (AUP) applies to all B4BACKUP customers and customers in the third party, as well as all others transiting or using B4BACKUP network or resources. B4BACKUP reserves the right to modify this AUP at any time, effective upon public posting of the modified AUP.
Please read this entire page, as well as your contract and Terms and Conditions as applicable. If you have any questions, please send email to firstname.lastname@example.org or call our local business office during regular business hours.
IMPORTANT NOTE - B4BACKUP, has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown on this page WITHOUT WARNING OR PRIOR NOTICE. B4BACKUP customers have agreed to this and other Terms and Conditions by signing up for or by using our service. If for any reason you do not agree with the Terms and Conditions or policies shown on this page, DISCONTINUE USE OF YOUR ACCOUNT OR SERVICE IMMEDIATELY and please contact B4BACKUP during regular business hours.
Here is specific information on B4BACKUP's policy with respect to mass email mailings, multiple Usenet News postings and other mass unsolicited communications - these are all commonly known as SPAM.
The Internet user community does not welcome unsolicited email from any source. This "junk email" is commonly referred to as "SPAM". You can learn more about SPAM here .In addition to SPAM, multiple postings of the same information to many Usenet Newsgroups and advertising in most of the Usenet Newsgroups is also unwelcome. Here is good link for Usenet SPAM information.
Spam -- no customer shall send unsolicited commercial email, unsolicited mass mailings, spam or flood usenet newsgroups, or anything of that sort.
No spam may originate from B4BACKUP IP space.
No spam may advertise sites or services located on B4BACKUP IP space (even if the spam originates elsewhere), or IP space which receives IP transit over the B4BACKUP IP network..
No B4BACKUP customer shall use third party mail servers to relay spam. This is considered a DOS attack on the third party and will be treated as such.
No customer shall participate in pyramid schemes or email chain letters.
Maintain proper security on your server to prevent others from using your servers as relays.
All customers must maintain email@example.com / firstname.lastname@example.org.
If you are receiving SPAM, you may be able to set up filters on your email or news reader that will help to minimize the unwanted SPAM. Our engineering and network operations center has attempted to minimize the quantity of SPAM being received by our email and news systems. Unfortunately, there is no way to totally eliminate SPAM technically, and the laws for junk email are only forming as of today. The best way to deal with SPAM is to simply delete the email or offending message and move on. Never retaliate against a SPAMMER destructively- this will only make the situation worse and your retaliation may be very illegal as it can cause damage to B4BACKUP networks and other networks or systems.
B4BACKUP does not allow our network resources to be used by anyone to email or mass-email using B4BACKUP's mail servers any user or groups of users especially those that have not indicated a willingness to receive such mailings.
B4BACKUP does not allow our systems to be used for RELAY from non-B4BACKUP customers or networks.
B4BACKUP does not knowingly allow our systems to be used for any activity that is illegal.
B4BACKUP does not allow customers or other networks' connections to consume excessive resources from our systems.
B4BACKUP does not allow our customers to use other providers' mail servers to relay any type of email without the express consent of that provider.
ALL accounts and customer web pages cannot be used for mass emailing of any type using our mail servers. Mass emailing is defined as the sending of any number of messages to random email addresses, or the running of any mailing list, whether or not the list of recipients are willing to receive such mailings. If you wish to run a responsible mailing list of any type, please call us for information on that optional service.
If we find a violation of the above utilizing our mail servers, B4BACKUP has the right to immediately suspend that customer's account without prior notice or warning.
Censorship : B4BACKUP has a policy of no-censorship, either from or to our systems, UNLESS, the information transmitted is illegal or is clearly used for fraud. The "warez" and "crack" Usenet news groups are an example of this. (B4BACKUP does not carry the warez or crack groups).
User Transmitted Content: You are solely responsible for the information you publish over the Internet, either via email, Netnews, your personal web pages, or other service. You must not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. You must not violate any law, statute, ordinance, or regulation. You must not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. The information you transmit should not be obscene or illegal based upon any Federal, State or Local laws. The information you transmit must not intentionally contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
Account Usage : Your account is for your exclusive and individual use only; multiple concurrent logins of the same account are not allowed. Beyond the fact that allowing others to use your account is prohibited, consider that you become responsible for the charges incurred by someone else that you have allowed to use your account. For this reason you must protect your account and password as you would any other personal resource such as your telephone or credit card number.
Resource Usage : No communications system has unlimited resources, and we expect you to act responsibly when consuming resources on our system. The Resource Usage policy applies to any and all resources used by our Customers, including the size of your email box. Excessive concurrent processes or processes which continue after you have logged off are prohibited. If you consume excessive resources on our system we may suspend your access at any time without prior notice.
email Storage : It is the responsibility of the Customer to permanently store, save or retain any email messages that are desirable to save and keep. The size of your incoming email temporary storage is very liberal but not unlimited in size. Most Customers will never exceed the limits under normal use. However, excessively large temporary email boxes create a Resource Usage problem and violate our AUP. To avoid this, Customers may not use B4BACKUP's email servers for permanent or long-term storage. Customer Support at B4BACKUP will assist you in configuring your email client NOT to store messages on servers; instead to store those message locally on your computer. If you begin to have an email box that is too large, you will have problems in downloading that mail.
Security : B4BACKUP actively and automatically monitors all of our systems for attempts at breaching our security or the security of our customers, or attempts to access systems or resources that are not available for customers to use or access. This is commonly known as "hacking". Any attempt to access or modify unauthorized computer system information or to interfere with normal system operations, whether on the our equipment or of any computer system or network that is accessed by our services, will result in immediate and permanent cancellation of your account and may also lead to other legal proceedings against you.
ANY INDIVIDUAL FOUND ENGAGED IN UNAUTHORIZED ACCESS OR ATTEMPTING UNAUTHORIZED ACCESS TO B4BACKUP OR IT'S CUSTOMER EQUIPMENT WILL HAVE THEIR ACCOUNT IMMEDIATELY TERMINATED AND THE INCIDENT REPORTED TO THE RESPECTIVE AUTHORITIES.
UNAUTHORIZED ACCESS OR ATTEMPTS AT UNAUTHORIZED ACCESS ORIGINATING FROM B4BACKUP CORPORATE CLIENT NETWORKS WILL BE REPORTED TO THE CORPORATE CLIENT. CORPORATE CLIENTS MUST ACT IN GOOD FAITH TO IMMEDIATELY TERMINATE SUCH ACCESS OR ATTEMPTS AT ACCESS, OR FACE TERMINATION OF THE CORPORATE ACCOUNT AND REPORTING OF THE INCIDENT(S) TO THE RESPECTIVE AUTHORITIES.
Examples of security actions that will trigger security alarms to our 24 hour / 7 day staffed network operations center are, but are not limited to :
Satan or port scans, full, half, fin or stealth
Vulnerability probing of any kind on any machines or devices.
Ping scans and Ping Floods and ICMP abuses
Mail host relay use or hi-jacking
Telnet, FTP, Rcommands, etc. to internal systems
Attempts to access privileged or private TCP or UDP ports
HTTP access without the use of a Web browser
Multiple and frequent Finger attempts
Excessive resource utilization
Source route spoofing
IP number spoofing or masquerading
Forging TCP packets or email header information
Password cracking or guessing schemes
Excessive email postings (SPAM)
B4BACKUP takes security very seriously; this way you and all of our customers can enjoy a safe and productive Internet environment.
NONE OF THE ABOVE-MENTIONED SECURITY PROBLEMS ARE EVER ACCIDENTAL, AND NORMAL USE OF INTERNET SOFTWARE SUCH AS BROWSERS AND EMAIL PROGRAMS WILL NEVER CAUSE A PROBLEM. ALL OF THE ABOVE ACTIONS ARE DELIBERATE AND INTENTIONAL AND IN MANY CASES REQUIRE SOPHISTICATED PROGRAMS AND KNOWLEDGE.
Usage - Using Web Werk's network to advertise, transmit, store, post, display, or otherwise encourage illegal activity is prohibited. B4BACKUP will cooperate fully with law enforcement agencies in these matters. B4BACKUP does not allow sites that contain pornographic material or sites that link to pornographic material. B4BACKUP does not permit spamming from our network.
Do anything that threatens the integrity of our network or the utilization thereof by other persons.
Do anything that threatens the Internet or any other network
- Denial of Service (DOS) attacks -- no customer will commit a DOS attack against any of our customer's host, or any other host on the Internet. Similarly, no customer will willfully or negligently allow incitement of others to attack any host on our network, or any other host on the Internet.
- RBL -- No customer shall do anything that could get any portion of Web Werk's IP space put on the RBL (Realtime Black List) as maintained by MAPS (http://www.mail-abuse.com) or other similar organizations, or perform activities that would cause portions of the Internet to refuse to route traffic to any portion of IP space.
- Perform actions that cause unusual load on our servers (for example, mail servers, web servers, usenet servers, name servers, etc.), that cause slowness or denial of service to our other customers.
- No customer shall take actions that cause any portion of the Internet, or the Internet as a whole, to become unusable to any other portion of the Internet, or the Internet as a whole.
- No customer shall take actions that degrade the usefulness of the Internet, or any portion of the Internet, either through network degradation, flooding of usenet or email or so on.
Other Usage Violations
Sites with Banners, graphics or cgi scripts running from their domain used on other domains. Adult oriented web sites featuring nudity and acts of a sexual nature. Sites with excessive picture galleries (This is any site where 50% of the files transferred is graphics) Sites offering download files or archives. (This is any site where 50% or more of their monthly traffic is from file downloads). These sites are termed as file repositories and to run these you need to contact us for special provisioning. Sites using more than 1% of system resources at any one time. B4BACKUP reserves the right to exercise its sole discretion in determining what constitutes a violation of this provision.
Unlawful Usage : Web Werk's network of information services may only be used for lawful purposes. Transmission of any material in violation of any federal, state or local regulation is prohibited. This includes copyrighted material, material judged to be threatening or obscene, or material protected by trade secret.
Content of hosted websites : B4BACKUP has a policy of not knowingly hosting any web site, colocation server or device on our colocation network that contains what is commonly referred to as "adult content". This includes but is not limited to content that depicts sexual situations, erotic images or content that encourages users to visit a site for commerce of such content. B4BACKUP reserves the right to deny service to anyone or any corporation based on our sole assessment that the content proposed or published violates our AUP. Further, B4BACKUP reserves the right to cancel or suspend any account, without notice, that we judge has violated our AUP in any fashion. B4BACKUP has concluded that "Children are Watching" and it is our responsibility to conduct business in a manner indicative of that statement.
Privacy : While every attempt is made to keep all information passing to and from our systems, and to and from our customers private, you must assume that any information that you transmit or receive may not be private. We do not monitor or record normal usage of our systems. However, we will fully cooperate with any authority in investigation of illegal activity and may turn over logs and records upon receipt of proper orders or subpoenas.
Selling of Customer information : B4BACKUP does not and will not sell or transfer any information about our customer base to any third party for the purpose of using that information for marketing or direct sales. B4BACKUP does cooperate with other Internet and communications service providers and may release customer information to those parties in the event of security or credit-related problems.
Responsible Usage : We exercise no control over the content of the information passing through our systems; we only provide access. You must take responsibility for your actions on our system and the systems you access through us. You must comply with whatever rules or Acceptable Usage Policies that are appropriate for the systems you access. If you are offended by information you find on any system, it is your responsibility to avoid whatever you find offensive. You must take responsibility for the statements you make in email, chat, discussion forums, and Usenet newsgroups. If you violate any of usage policies or your actions, whether intentional or unintentional, endanger our systems or another network's systems from another provider, company or individual, B4BACKUP may suspend your access at any time, without prior notice. B4BACKUP management is the final and sole judge of whether any abuse or violations has occurred.
Customer Connected Networks : Customers who are connected to B4BACKUP through digital connections directly attached to their network (dedicated / colocated customers) are asked to make appropriate policy for the users of your network. In all cases, B4BACKUPreserves the right to disconnect any customer that is using excessive resources of the network. Web Werk's security and abuse department email@example.com will work with all customers to help ensure that proper procedures are employed that limit the possibility of resource abuse.
The following list is non-exclusive, and should not be considered license to commit other illegal activities not specified below
A guide to legal resources on the Internet is located at www.faqs.org Please consult an attorney if you are unsure of the legal status of your activities.
- Cracking (Hacking) -- attempts to access accounts or systems other than the user's own accounts or systems or an account or system that the user has been explicitly authorized to access is illegal under federal and state law.
- Child pornography -- as defined by U.S. law. This is strictly prohibited and dealt with quickly and harshly.
- Interstate gambling -- because Internet traffic generally ignores state and country boundaries, any Internet based gambling site is restricted by Federal Inter-state gambling regulations.
- Pyramid schemes or fraud -- are illegal under a number of Federal, State and Local laws.
- Theft of services -- attempts to utilize services that are not contracted for is considered theft and will be dealt with as such.
- Harassment -- use of our network to harass or threaten (in the legal sense of those terms) any other person is prohibited.
B4BACKUP reserves the right to terminate or interrupt any account in part or in full without refund for violation of these Terms of Service. In all but the most extreme or serious cases, good faith attempts will be made to resolve an issue without interruption of service. In cases where service has been terminated or interrupted, resolution will be handled on an individual case basis, at B4BACKUP's sole discretion.
B4BACKUP Terms and Conditions of Service
Order, Acceptance and Service.
When Accepted by B4BACKUP, the Order submitted by Customer creates a contract between Customer and B4BACKUP, consisting of the Order, the applicable Service Description and these Terms of Service. An Order is "Accepted" by B4BACKUP when
B4BACKUP will provide, and Customer will purchase and pay for, the Services specified in the Order for the service fees specified in the Order and the applicable Service Description (the "Service Fees").
- with respect to Orders submitted online, B4BACKUP provisions Services in response to the Order or bills Customer for payment and
- with respect to Orders reduced to writing and signed on an approved B4BACKUP form, when an authorized representative of B4BACKUP executes and delivers such form signed by Customer.
In connection with any Hosting Services, Customer will not use storage space in excess of the storage limits established for the Services in the Service Descriptions, plus any storage space purchased by Customer. If Customer uses storage space in excess of such amounts, B4BACKUP may, without limiting its other rights or remedies, assess Customer with additional fees.
In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds the limit, Customer will pay B4BACKUP such additional fees as may be specified in the Service Description.
Fees, Taxes and Payment. Customer will pay to B4BACKUP the Service Fees in the manner set forth in the Order. B4BACKUP may increase the Service Fees (i) in the manner permitted in the Service Description and (ii) at any time on or after expiration of the Initial Term by providing ten (10) days prior written notice thereof to Customer. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on B4BACKUP's net income). All such taxes will be added to B4BACKUP's invoices for the Service Fees as separate charges to be paid by Customer. All fees are fully earned when due and non-refundable when paid. Unless otherwise specified, invoices for the Service Fees and related charges shall be due and payable within 30 days after the date of the invoice. Any amounts payable to B4BACKUP not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less. If B4BACKUP collects any payment due at law or through an attorney / lawyer at law or under advice there from or through a collection agency, Customer will pay all costs of collection, including, without limitation, all court costs and reasonable attorneys' / lawyer's fees. If any check is returned for insufficient funds, B4BACKUP may impose a processing charge of $10.
Term and Termination.
Hosting Services will commence on the Effective Date indicated in the Order and continue for the duration of the Initial Term. Thereafter, the Order will automatically renew for successive periods (i) of twelve months (with respect to Non-Prepaid Plans) or (ii) as specified in the Service Description (with respect to Prepaid Plans) unless the Order is earlier terminated in accordance with its terms, or either party gives written notice to the other party of non-renewal at least 30 days prior to expiration of the then-current term.
Either party may terminate this Agreement immediately upon the occurrence of any one or more of the following events: (i) the other party fails to pay when due any amounts required to be paid under this Agreement; (ii) the other party breaches any material term or provision of this Agreement (other than a breach described in subsection (i) above), and if capable of cure, such breach remains uncured 30 days after the non-breaching party gives written notice thereof to the breaching party; or (iii) the other party becomes insolvent, makes an assignment for the benefit of its creditors, institutes or becomes subject to any proceeding under any bankruptcy or similar laws for the relief of debtors, or seeks the appointment of, or becomes subject to the appoint of, any trustee or receiver for all or any portion of such party's assets.
B4BACKUP may terminate this Agreement
- if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or
- immediately if B4BACKUP determines in good faith that Customer's use of the Customer Web site or the Customer Content violates the Acceptable Use Policy.
Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections 3(d), 3(e), 4, 8, 10, 11, 13 and 14 of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which B4BACKUP may be entitled.
With respect to Non-Prepaid Plans, within 30 days after the termination of this Agreement, Customer will pay the Termination Charge to B4BACKUP unless (i) B4BACKUP terminated the Order under Section 3(c) or (ii) Customer terminated the Order under Section 3(b). With respect to Prepaid Plans, Customer will pay the Termination Charge as provided in the Service Description. The parties agree that the Termination Charge constitutes consideration for B4BACKUP's time, effort and expense in preparing and reserving the capacity to perform its obligations hereunder, as actual damages are difficult to ascertain. If Customer terminates the Order in accordance with Section 3(b), or if B4BACKUP terminates the Order under Sections 3(c)(i) or 12(c), B4BACKUP shall return to Customer, and Customer shall accept, as Customer's sole and exclusive remedy for B4BACKUP's breach of the Order, any Service Fees paid in advance by Customer hereunder attributable to Services not yet rendered as of the date of termination.
Customer's Representations and Warranties. Customer hereby represents and warrants to B4BACKUP, and agrees that during the Term Customer will ensure that: Customer is the owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by B4BACKUP to pay any fees, residuals, guild payments or other compensation of any kind to any Person; Customer's use, publication and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any Person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any Person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated; Customer will comply with all applicable laws, rules and regulations regarding the Customer Content and the Customer Web site and will use the Customer Web site only for lawful purposes; and Customer has used its best efforts to ensure that the Customer Content is and will at all times remain free of all computer viruses, worms, trojan horses and other malicious code.
License to B4BACKUP. Customer hereby grants to B4BACKUP a non-exclusive, royalty-free, worldwide right and license during the Term to do the following to the extent necessary in the performance of Services under the Order: digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and make archival or back-up copies of the Customer Content and the Customer Web site). Except for the rights expressly granted above, B4BACKUP is not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with Customer.
B4BACKUP's Acceptable Use Policy. Customer will abide by, and utilize the Services and the Customer Web site only in accordance with, the Acceptable Use Policy (the "Acceptable Use Policy") that B4BACKUP posts on its Web site, as such Acceptable Use Policy may be changed by B4BACKUP from time to time. The Acceptable Use Policy is hereby incorporated herein and made a part hereof by this reference. Customer shall impose the Acceptable Use Policy on its customers and End Users to the extent necessary to ensure their compliance. Customer shall familiarize itself with the Acceptable Use Policy and periodically access B4BACKUP's Web site to determine if B4BACKUP has made any changes thereto.
Customer is solely responsible for the quality, performance and all other aspects of the Customer Content and the goods or services provided through the Customer Web site.
Customer will cooperate fully with B4BACKUP in connection with B4BACKUP's performance of the Services. Customer must provide any equipment or software that may be necessary for Customer to use the Services. Delays in Customer's performance of its obligations under this Agreement will extend the time for B4BACKUP's performance of its obligations that depend on Customer's performance on a day for day basis. Customer will notify B4BACKUP of any change in Customer's mailing address, telephone, e-mail or other contact information.
Customer assumes full responsibility for providing End Users with any required disclosure or explanation of the various features of the Customer Web site and any goods or services described therein, as well as any rules, terms or conditions of use.
Customer will provide B4BACKUP with a registered domain name for the Customer Web site, or, upon Customer's request and subject to the terms and conditions set forth below, B4BACKUP will register an Internet domain name on behalf of Customer with a registrar approved by ICANN. B4BACKUP's registration of any domain name is subject to
- B4BACKUP receiving from Customer all information needed from Customer in order to complete such registration, and
- such domain name not being in violation of any applicable law, rule or regulation or the policies of the applicable registration service. Registration of a domain name is subject to availability of such domain name for registration, and B4BACKUP will not be responsible if a domain name is not available for any reason. B4BACKUP will also not be responsible for any infringement of third-party rights caused by its registration of a domain name for Customer. Customer waives any claims it may have against B4BACKUP for, and hereby releases B4BACKUP of and from, any loss, damage, liability or expense arising out of, or relating to, the registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of services by B4BACKUP for any reason. Customer will reimburse B4BACKUP for all costs and expenses incurred by B4BACKUP in registering or maintaining a domain name for Customer, including, without limitation, all fees charged by the applicable registrar. Customer acknowledges that its rights to any domain name registered by B4BACKUP are not being granted by B4BACKUP but are subject to the rules and regulations of the applicable registrar and applicable law. Customer agrees to be bound by the terms and policies of the applicable registrar and the policies of the national DNS registration authorities to which Customer becomes subject upon registration of the domain name. Customer's inability to use a domain name shall not entitle Customer to a refund by B4BACKUP of any fees paid with respect to the registration of such unusable domain name. The domain name for the Customer Web site shall be the property of Customer.
Because the Hosting Services permit Customer to electronically transmit or upload content directly to the Customer Web site, Customer shall be fully responsible for uploading all content to the Customer Web site and supplementing, modifying and updating the Customer Web site. Customer is also responsible for ensuring that the Customer Content and all aspects of the Customer Web site are compatible with the hardware and software used by B4BACKUP to provide the Hosting Services, as the same may be changed by B4BACKUP from time to time. Specifications for the hardware and software used by B4BACKUP to provide the Hosting Services will be available on B4BACKUP's Web site. Customer shall periodically access B4BACKUP's Web site to determine if B4BACKUP has made any changes thereto. B4BACKUP shall not be responsible for any damages to the Customer Content, the Customer Web site or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware and software used by B4BACKUP to provide the Hosting Services.
Unless the applicable Service Description provides otherwise, Customer is solely responsible for making back-up copies of the Customer Web site and Customer Content.
B4BACKUP Intellectual Property.
B4BACKUP hereby grants to Customer a non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use applicable B4BACKUP Technology solely for the purpose of accessing and using the Services. Customer may not use the B4BACKUP Technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from B4BACKUP to Customer any B4BACKUP Technology, and all rights, titles and interests in and to the B4BACKUP Technology shall remain solely with B4BACKUP. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the B4BACKUP Technology.
B4BACKUP's trademarks, trade names, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of B4BACKUP. Customer may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of B4BACKUP. B4BACKUP shall maintain and control ownership of all Internet protocol numbers and addresses that may be assigned by B4BACKUP to Customer. B4BACKUP may, in its sole discretion, change or remove any and all such Internet protocol numbers and addresses.
Any feedback, data, answers, questions, comments, suggestions, ideas or the like which Customer sends to B4BACKUP relating to the Services will be treated as being non-confidential and non-proprietary. B4BACKUP may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.
4BACKUP represents and warrants to Customer that the Services will be performed
The foregoing warranties shall not apply to performance issues or defects in the Services (i) caused by factors outside of B4BACKUP's reasonable control; (ii) that resulted from any actions or inactions of Customer or any third parties; or (iii) that resulted from Customer's equipment or any third-party equipment not within the sole control of B4BACKUP.
- in a manner consistent with industry standards reasonably applicable to the performance thereof;
- at least at the same level of service as provided by B4BACKUP generally to its other customers for the same services; and
- in compliance in all material respects with the applicable Service Descriptions. Customer will be deemed to have accepted such Services unless Customer notifies B4BACKUP within 30 days after performance of any Services of any breach of the foregoing warranties. Customer's sole and exclusive remedy, and B4BACKUP's sole obligation, for breach of the foregoing warranties shall be for B4BACKUP, at its option, to re-perform the defective Services at no cost to Customer, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue Customer a credit in an amount equal to the current monthly Service Fees pro rated by the number of hours in which the Services have been interrupted.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 9, B4BACKUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND B4BACKUP HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. B4BACKUP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
Limitation of Liability
IN NO EVENT WILL B4BACKUP'S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO B4BACKUP BY CUSTOMER DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
B4BACKUP CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. B4BACKUP WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR (EXCEPT AS PROVIDED IN SECTIONS 11 AND 12) FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
The limitations contained in this Section 10 apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section 10(c) shall not apply to liability arising on account of a party's breach of Section 13 or to Customer's indemnification obligations under Section 11.
Indemnification of B4BACKUP. Customer shall defend, indemnify and hold harmless B4BACKUP, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively the "B4BACKUP Indemnities"), from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable attorneys' / lawyers fees) which any of the B4BACKUP Indemnities may suffer, incur or sustain resulting from or arising out of (i) Customer's breach of any representation, warranty, or covenant contained in the Agreement, (ii) the Customer Content, the Customer Web site or any End User's use of the Customer Content or the Customer Web site, (iii) violation by Customer or any of its officers, directors, employees or agents of the Acceptable Use Policy or any applicable law, (iv) claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of Customer's domain names, the Customer Web site, the Customer Content, or the use of the Services in combination with hardware, software or content not provided by B4BACKUP, (v) claims or actions by third parties relating to or arising out of Customer's use of the Services, and (vi) any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware or software used by B4BACKUP to provide the Services, including any damage to B4BACKUP's servers or other hardware caused thereby.
Indemnification of Customer.
Subject to Section 10, B4BACKUP shall, at its own expense, indemnify, defend and hold Customer harmless from any claim or suit alleging that the Services infringe any patent, copyright or trademark existing on the Effective Date, or that B4BACKUP has knowingly misappropriated any trade secret or other intellectual property right of any other Person, including any losses, damages or expenses arising from any such claim or suit. Customer agrees to cooperate with and assist B4BACKUP in the defense or settlement of any such claim or suit. Customer shall be reimbursed for all reasonable out-of-pocket expenses incurred in providing any cooperation or assistance requested by B4BACKUP, but B4BACKUP will not be liable for any costs or expenses incurred without its prior written authorization.
Promptly after receipt by Customer of a threat of any claim or suit, or a notice of the commencement or filing of any claim or suit, against which Customer may be indemnified hereunder, Customer shall give written notice thereof to B4BACKUP, provided that failure to give or delay in giving such notice to B4BACKUP shall not relieve B4BACKUP of any liability it may have to Customer hereunder, except to the extent that the defense of such claim or suit is prejudiced thereby. B4BACKUP shall have sole control of the defense, and of all negotiations for settlement, of such claim or suit. Subject to the foregoing, Customer may participate in the defense of any such claim or suit at Customer's own expense.
If an injunction, decree or judgment is, or B4BACKUP believes in its sole discretion is likely to be, entered providing that Customer may not use the Services as contemplated in this Agreement without violating the intellectual property rights of a third party, B4BACKUP may, at its sole option and expense, either (i) procure for Customer the right to use the Services or affected part thereof as provided in this Agreement; (ii) replace the Services or affected part thereof with other non-infringing services or modify the Services or affected part thereof so as to be non-infringing; or (iii) terminate this Agreement upon written notice to Customer.
Notwithstanding Section 12(a), B4BACKUP assumes no liability for infringement claims arising from
- use of the Services with third-party products or services where the third-party products or services cause the infringement,
- any modification of the Services not authorized by B4BACKUP in writing,
- the Customer Content, the Customer Web site or any content, data or information provided or supplied by an End User, or
- Customer's use of any third-party software provided hereunder. THE FOREGOING DEFENSE AND INDEMNIFICATION PROVISIONS STATE THE ENTIRE LIABILITY AND OBLIGATION OF B4BACKUP, AND THE EXCLUSIVE REMEDY OF CUSTOMER, WITH RESPECT TO ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT BY THE SERVICES PROVIDED HEREUNDER.
Each party will not, without the prior written consent of the other party, use or disclose to any Person any Proprietary Information of the other party disclosed or made available to it, except for use of such Proprietary Information as required in connection with the performance of its obligations or use of the Services hereunder. Subject to Section 13(b), each party will
- treat the Proprietary Information of the other party as secret and confidential,
- limit access to the Proprietary Information of the party to those of its employees who require it in order to effectuate the purposes of this Agreement, and
- not disclose the Proprietary Information of the other party to any other Person without the prior written consent of the other party.
Notwithstanding Section 13(a), the following shall not be considered Proprietary Information:
- any information that the receiving party can demonstrate by written documentation was within its legitimate possession prior to the time of disclosure by the disclosing party;
- any information that was in the public domain prior to disclosure by the disclosing party as evidenced by documents that were published prior to such disclosure;
- any information that, after disclosure by the disclosing party, comes into the public domain through no fault of the receiving party,
- any information that is disclosed to the receiving party without restriction by a third party who has legitimate possession thereof and the legal right to make such disclosure; or
- any information that, two years after expiration or termination of this Agreement, does not constitute a trade secret under applicable law.
Each party acknowledges that disclosure of any aspect of the Proprietary Information of the other party shall immediately give rise to continuing irreparable injury to the other party inadequately compensable in damages at law, and, without prejudice to any other remedy available to the other party, shall entitle the other party to injunctive or other equitable relief. Upon expiration or termination of this Agreement for any reason, each party shall promptly return to the other party all Proprietary Information of the other party (including all copies thereof) in its possession or control.
During the term of this Agreement and for two years following expiration or termination of this Agreement, Customer will not, directly or indirectly, solicit or recruit the services of any employee of B4BACKUP performing services under this Agreement, while such employee is employed by B4BACKUP and for a period of six months after such employee has left the employment of B4BACKUP.
Optional Services. In connection with any Optional Services:
Customer must provide B4BACKUP with any information, login identifications, passwords or other information or access to facilities that B4BACKUP may reasonably require to provide the Optional Services B4BACKUP will have no responsibility for any delays or increased costs or expenses associated with Customer's failure to provide any of such information. If Customer does not provide any such information or access requested by B4BACKUP within thirty (30) days of B4BACKUP's request therefore, B4BACKUP may terminate the Order and retain any Service Fees paid.
If Customer requested that B4BACKUP perform the Optional Services by a particular deadline or that B4BACKUP achieve some particular result or outcome, B4BACKUP will use commercially reasonable best efforts to perform the Services by any such deadline and achieve the result requested by Customer; provided, however, that
- B4BACKUP's ability to perform the Services is subject to Customer's provision of information and access as provided above and
- B4BACKUP has no liability or obligation to complete the Services by any deadline or achieve any particular outcome of result.
If Customer wishes to convey documents or files to B4BACKUP, Customer should deliver to B4BACKUP a copy or duplicate of such documents or files and not the original copy. B4BACKUP will not return to Customer any documents or files conveyed to B4BACKUP.
Independent Contractor. B4BACKUP and Customer are independent contractors and nothing contained in this Agreement places B4BACKUP and Customer in the relationship of principal and agent, master and servant, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Governing Law; Jurisdiction. The validity and effect of this Agreement shall be governed by and construed and enforced in accordance with the laws of the United States and are subject to New York Jurisdiction only, without regard to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. ANY SUIT, ACTION OR PROCEEDING CONCERNING THIS AGREEMENT MUST BE BROUGHT IN A AMERICAN COURT LOCATED IN NEW YORK AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THERE FROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Headings. The headings herein are for convenience only and are not part of this Agreement.
Entire Agreement; Amendments. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Customer or B4BACKUP, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of Customer and B4BACKUP. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by B4BACKUP in its sole discretion, which modifications will be effective upon posting to B4BACKUP's Web site.
Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Notices. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties' signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. Shared Customers may give, and be given, notice by electronic means in certain circumstances as provided in the Service Description.
Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
Assignment; Successors. Customer may not assign or transfer this Agreement, or any of its rights or obligations hereunder, without the prior written consent of B4BACKUP. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. B4BACKUP may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Limitation of Actions. No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.
Counterparts. If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, B4BACKUP's records of such execution shall be presumed accurate unless proven otherwise.
Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
No Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against Customer as if it were a party to this Agreement.
Government Regulations. Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.
Marketing. Customer agrees that during the term of this Agreement B4BACKUP may publicly refer to Customer, orally and in writing, as a customer of B4BACKUP. Any other public reference to Customer by B4BACKUP requires the written consent of Customer.
Telephone Monitoring. To ensure B4BACKUP's customers receive quality service, B4BACKUP randomly selects phone calls for monitoring. These calls, between B4BACKUP's customers and employees, are evaluated by supervisors. This is to guarantee that prompt, consistent assistance and accurate information is delivered in a professional manner.
Definitions. For purposes of this Agreement, the following terms have the meanings specified below:
"Agreement" means each contract created between B4BACKUP and Customer for the provision of Services consisting of an Order, the applicable Service Description and these Terms of Service.
"Customer Content" means all data, graphics, text, names, marks, logos, hypertext links to other Web sites and other information incorporated in, transmitted through or published or displayed on the Customer Web site.
"Customer Web site" means Customer's site on the World Wide Web portion of the Internet that B4BACKUP hosts under this Agreement.
"End User" means any Person who accesses or uses the Customer Web site via the Internet.
"B4BACKUP Technology" means B4BACKUP's proprietary technology, including, without limitation, B4BACKUP services, software tools, hardware designs, algorithms, software (in source code and object code forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), network designs, know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by B4BACKUP or licensed to B4BACKUP from a third party), and also including any derivatives, improvements, enhancements, updates, modifications or extensions of B4BACKUP Technology conceived, reduced to practice or developed during the term of this Agreement by either party.
"Person" means any individual, partnership, joint venture, corporation, limited liability company, trust, unincorporated association or organization, or government or any agency or political subdivision thereof.
"Proprietary Information" means all technical, business and other information of a party (i) that is not generally known to the public, (ii) that derives value, economic or otherwise, from not being generally known to the public or to other Persons who can obtain value from its disclosure or use, and (iii) which information is subject to efforts that are reasonable under the circumstances to maintain the secrecy thereof.
"Order" means the Order submitted by the Customer to B4BACKUP for Services, whether such Order is submitted online through B4BACKUP's Web site or on a written Order form.
"Prepaid Plan" means Hosting Service provided by B4BACKUP to Customer where the Order provides that the Customer must pay for the Hosting Service in advance for the Initial Term.
"Non-Prepaid Plan" means any Hosting Service provided by B4BACKUP to Customer that is not a Prepaid Plan.
"Termination Charge" means, with respect to Non-Prepaid Customers only, as of any date of calculation, an amount equal to one hundred percent (100%) of the fees that would become due over the balance of the then-current Term.
"Terms of Service" means these Terms of Service, as the same may be modified, altered or amended from time to time by B4BACKUP.
"Service" means either Hosting Service or Optional Service. "Hosting Service" means the Service provided by B4BACKUP in response to an Order whereby B4BACKUP provides the Customer with specified connectivity, storage space and bandwidth for the hosting of a Customer Web site as more particularly described in the applicable Service Description. "Optional Service" means any additional Service (other than Hosting Service) B4BACKUP may provide in response to an Order, as more particularly described in the applicable Service Description.
"Service Description" means the applicable documents made available by B4BACKUP to Customer to describe the applicable Services at the time the Order is accepted by B4BACKUP.
"Term" means the duration of any Agreement between B4BACKUP and Customer. With respect to Hosting Services, the "Initial Term" is the initial term specified in the Order and the "Renewal Term" is the period of time beginning on the expiration of the Initial Term and ending on the termination of expiration of the Order in accordance with its terms. With respect to Optional Services, the "Term" begins when B4BACKUP accepts the Order and ends on the first to occur of
- B4BACKUP's completion of performance, or
- the earlier termination of the Order in any manner permitted by these Terms of Service.
General Terms and Conditions
B4BACKUP exercises no control whatsoever over the content of any information located on or passing through our network. B4BACKUP specifically denies any responsibility for the accuracy of information obtained through our services. Any and all information obtained through B4BACKUP services is at your own risk.
B4BACKUP services are to be used for lawful purposes.
Use of any network reachable through B4BACKUP must comply with the rules and regulations of that network.
As a customer of B4BACKUP and a user of our services you and your company agree to indemnify and to hold harmless B4BACKUP from any and all claims resulting from your use of the service which causes damage to you or any other party. B4BACKUP shall not be liable, either in contract or in tort, for the protection from unauthorized access of its customers transmission facilities or customer owned premise equipment, or for unauthorized access to or alteration, theft or destruction of a customers data files, programs, or information through accident, fraudulent means or devices, or any other method.
B4BACKUP will not be responsible for performance of its obligations hereunder where delayed or hindered by war, riots, embargoes, strikes, acts of God, or acts of its vendors or , suppliers. Should such occurrence continue for more than 30 days, B4BACKUP , or its customers may cancel service for the affected , services or products with no further liability.
B4BACKUP will not be responsible for any damages your business may suffer. B4BACKUP makes no warranties of any kind, expressed or implied for services we provide. B4BACKUP disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong deliveries, and any and all service interruptions caused.
Installation charges, if any, and setup charges are required to be paid in full at the time services are ordered. These charges are non-refundable. B4BACKUP will subsequently r synchronize your payments to the first year, independent of actual start date. Service is invoiced yearly in advance for all services. Payment is due in full by the first of the month. There is a 5 day grace period. Failure to meet this deadline may result in service interruption. If your payment is returned to us unpaid you are immediately in default and subject to a returned check charge of Rs. 50.00. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. If you default, you agree to pay B4BACKUP its reasonable expenses, including attorney and collection fees, incurred in enforcing its rights under these Terms and Conditions.
Only a written request to terminate service relieves you and/or your company from the obligation to pay your charges. To terminate service, a company or an individual must provide B4BACKUP with notice any time prior to the end of the current billing cycle. B4BACKUP will not pro-rate the final human hair extensions month of service with all services ending on the last day of the current billing cycle.
Customers are responsible for the use and compatibility of their own hardware and software. In the event that the customer uses hardware and/or software that impairs the customers use of B4BACKUP services, the customer shall nonetheless be liable for regular payments to B4BACKUP . Upon notice from B4BACKUP that the hardware and/or software is causing, or, in the sole opinion of B4BACKUP , is likely to cause hazard, interference, or service obstruction, the customer shall eliminate the hazard, interference, or service obstruction at once. Customers may, if necessary, pay B4BACKUP to troubleshoot problems caused by such equipment. B4BACKUP will not be responsible if any changes in hardware, software, or services cause the customers equipment to become obsolete, or require modification or alteration. B4BACKUP will, at its option, supply technical services in the form of consulting and/or service to customers at their request. Such services will be billed at rates that are in effect at the time such services are requested. B4BACKUP reserves the right to refuse any such hair bundles uk technical services at its sole option. Payments are due after the delivery of account invoice.
B4BACKUP reserves the right to charge customers requesting a refund or returned check via postal mail a handling charge if applicable.
B4BACKUP reserves the right to assess legal fees, including attorney and court fees, upon any customer who, by their action or inaction, directly or indirectly causes B4BACKUP to be a defendant or co-defendant in any civil or criminal legal action.
As a customer of B4BACKUP you may not assign or transfer your service order without prior written consent of B4BACKUP. B4BACKUP may at any time sell, assign, or transfer this agreement with no notice. B4BACKUP reserves the right to terminate service at anytime.
B4BACKUP reserves the right to change its rates and otherwise modify the Terms and Conditions .These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with the Terms and Conditions of any and all orders submitted.
These Terms and Conditions cannot be modified except by written amendment by the parties. No agent, employee, or representative of B4BACKUP has the authority to bind the parties to any representation or warranty unless such is specifically included in these Terms and Conditions, B4BACKUP Price List or with a written amendment thereto. Disputes arising under this agreement shall be sent by registered mail to the parties to the address shown on the most recent service order.
Client will use the Provider's services in a manner consistent with any and all applicable laws of the US Federal Government.
CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.
When you as a company and/or an individual use B4BACKUP services, this constitutes acceptance of these Terms and Conditions. If you have any questions please send them to firstname.lastname@example.org.