Terms of Service

Terms of Service

All services provided by The Data Backup, Inc are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless The Data Backup, Inc, from any claims resulting from the subscriber's use of The Data Backup, Inc's services which damage the subscriber or any other party.

 

Examples of prohibited content or links include (but are not limited to):

  • IRC Software

  • Pirated software

  • Hacking programs or archives

  • Warez Sites

  • Distribution of music files or any other material in which the account holder does not own the copyright.

The Data Backup, Inc will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

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

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.
Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
Port Scanning - We do not allow any kind of port scanning to be done on or from our servers or network.

Commercial Advertising - Email -

  • Spamming, i.e. the sending of unsolicited email, from any The Data Backup, Inc server or any server located on the The Data Backup, Inc network is STRICTLY prohibited. The Data Backup, Inc will be the sole arbiter as to what constitutes a violation of this provision. 

  • Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by The Data Backup, Inc customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any The Data Backup, Inc.-hosted domain, or referencing any The Data Backup, Inc account, is prohibited.

  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.

  • Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.

  • Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

 

Server Abuse - Any attempts to undermine or cause harm to a The Data Backup, Inc server or subscriber of The Data Backup, Inc is strictly prohibited including, but not limited to:

  • Logging into a server or account that you are not authorized to access

  • Accessing data or taking any action to obtain services not intended for you or your use

  • Attempting to probe, scan or test the vulnerability of any system, subsystem or network

  • Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization

  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System

  • Interfering with, intercepting or expropriating any system, data or information

  • Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others.

All sub-networks of The Data Backup, Inc and all dedicated servers must adhere to the above policies.


Bandwidth Measurement and Overage Fees

All bandwidth listings consist of the sum of incoming and outgoing bandwidth allowance. Incoming and outgoing bandwidth allowances are calculated on a 50/50 split of incoming to outgoing bandwidth based on the total bandwidth, therefore the incoming and outgoing bandwidth allowances are each half of the total listed bandwidth. Any bandwidth usage exceeding either the incoming or outgoing bandwidth total will be billed at the rate of $10.00 per Mbps over.

 

Dedicated Server Support

Basic support and maintenance of dedicated servers is provided at the discretion of The Data Backup, Inc.  In the case of erroneous instances or support issues extending beyond what we determine to be within the realm of reasonable assistance, support is priced as follows:

  • 1 Hour for $225

  • 2 Hours for $175 per hour

  • 3 Hours for $100 per hour

  • More than 3 hours is $100 per hour

 

Scheduled Maintenance and Downtime

The Data Backup, Inc will use it’s commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond The Data Backup, Inc's control or which are not reasonably foreseeable by The Data Backup, Inc, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. The Data Backup, Inc will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. The Data Backup, Inc has no responsibility for downtime resulting from a user's actions.

 

Account Setup, Termination, and Billing:

The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle. Billing dates are on the first of every month.

Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by The Data Backup, Inc.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $150 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.
Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as security verification.

 

Courtesy Services for Customers

All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. The Data Backup, Inc is not responsible for lost data or for lost data due to third party software that is not maintained by The Data Backup, Inc programming staff. (Cpanel is not associated with The Data Backup, Inc)

 

Limitation of Damages

Recovery of damages from The Data Backup, Inc may not exceed the monthly reoccurring amount of fees it has collected on the account.

 

General

Terms of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and The Data Backup, Inc. By opening an account, the subscriber agrees to the above-stated terms. Anything not listed in the Terms of Service is open to interpretation and change by The Data Backup, Inc administrators without prior notice. All prices are non refundable and nonnegotiable. Any violation of these Terms of Service will result in termination of the account. The Data Backup, Inc maintains the right to terminate accounts without prior notification. We reserve the right to remove any account with 15 days prior notice.

 

Dedicated Upgrade Policy

The Data Backup, Inc uses only the highest quality and performance hardware available for our dedicated servers. Your dedicated server represents a significant investment on the part of The Data Backup, Inc in both hardware and labor. It can take up to a year or longer just to recoup this initial investment, and because of that, it is not financially feasible for The Data Backup, Inc to perform free hardware upgrades.

For customers whose accounts have been in good standing for more than 12 months, exceptions to this rule may apply if the customer can demonstrate a justifiable need for a server upgrade.

All server upgrade requests are handled on a case by case basis. You must have a clear, demonstrable, and justifiable need for a server upgrade in order for the request to be considered by The Data Backup, Inc. We evaluate each request on, but not limited to, the following criteria: length of account in good standing, server load, memory and disk usage, server traffic patterns, and number of accounts on the server. After the request has been evaluated, The Data Backup, Inc may agree to pay up to 100% of the costs related to upgrading the server to the latest plan specifications, labor excluded.

 

Dispute Resolution

Any dispute between The Data Backup, Inc and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with North Carolina law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Buncombe County, North Carolina, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.


The Data Backup
1025 Brevard Rd Suite 8
Asheville, NC 28806

Phone (828) 667-4626