Offsite Backup Solutions Terms & Conditions
1. Offsite Backup Solutions accepts major credit cards. Checks are only accepted by special request.
2. Offsite Backup Solutions will not activate nor reactivate backup accounts until payment has been processed.
3. All backup accounts and renewal fees are due on or before the payment due date.
4. Credit card information must be filled out completely. Incorrect or questionable card holder information can delay backup account activation or monthly service continuation.
5. Offsite Backup Solutions is not responsible for losses or expenses incurred by the customer due to customer non-payment.
6. By purchasing our services, you are agreeing to allow Offsite Backup Solutions to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan you select.
7. You grant Offsite Backup Solutions permission to charge your credit card for any and all services you request and any renewals thereof.
8. If we are unable to process a payment for your plan by its due date, your account will be suspended until payment is successfully processed. During the suspension period, your account¿s quota will be set to zero and you will be unable to upload new data to our servers. If we are unable to process a payment for your plan within 30 days then your account will be cancelled for non-payment and we will delete your account and your data from our system.
9. If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees.
10. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government authorities, credit reporting services, financial institutions and credit card companies.
11. Because Offsite Backup Solutions offers its customers a free thirty day trial, which can be sampled before purchasing our service, fees for plans are non-refundable unless Offsite Backup Solutions fails to provide adequate backup services. Inadequate backup services are defined as: The inability to backup or restore data from our servers for more than 5 consecutive days in a given month.
12. You are free to cancel your account at any time with a written notification.
13. We reserve the right to cancel any account at any time. In the event we cancel your account, a refund will be issued for services not rendered.
14. If you do not wish to continue services with Offsite Backup Solutions, or do not wish to renew your account, it is your responsibility to cancel your account prior to your renewal date with a written notification.
15. You have ninety (90) days to dispute any charge or payment processed by Offsite Backup Solutions. If you have a question concerning a charge you believe is incorrect, please contact us at service@offsitebackupsolutions.com.
16. All software provided by Offsite Backup Solutions is on an "as is" basis with no warranties of any kind and Offsite Backup Solutions will not be liable for any damages of any kind arising from the use. Offsite Backup Solutions further disclaims all warranties, express and implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose.
17. Offsite Backup Solutions grants you a non-exclusive, non-transferable, royalty-free, limited license to use the binary form of the software provided by Offsite Backup Solutions for personal use only. Redistribution of programs owned by Offsite Backup Solutions, unless explicitly granted by Offsite Backup Solutions, is strictly prohibited.
18. Offsite Backup Solutions may send notices to you via either email or regular mail. Offsite Backup Solutions may also provide notices of changes to the terms or other matters by displaying notices or links to notices to you generally on the services provided by Offsite Backup Solutions.
19. While it is not Offsite Backup Solution¿s intent to monitor your online communications, Offsite Backup Solutions reserves the right to edit or remove content that we become aware of and determine to be harmful and offensive to the general public. Termination or suspension of your account may be resulted as a consequence to the violation of this rule.
20. The integrity of this system relies on proper use of email as message passing media. The use of the email system, directly or indirect as a spamming tool, or other than it is intended, is prohibited.
21. Offsite Backup Solutions reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice.
22. You are expected not to use the services provided by Offsite Backup Solutions for any unlawful activities not otherwise covered above, including but not limited to, attempting to compromise the security of any networked account, a site or a country. Appropriate legal procedures will be pursued when Offsite Backup Solutions is aware of any of these activities.
23. Offsite Backup Solutions shall not be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of backup data, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if Offsite Backup Solutions or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
