THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY PURCHASING A SERVICE YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH AND IS INDICATING YOUR ACCEPTANCE OF THIS LEGAL AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS. YOU CANNOT BECOME A CLIENT UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.
Refunds and Cancellations:
You may cancel at any time for any reason with no penalties. Payments under a month to month contract will not be refunded; once paid, you will no longer be entitled for a refund.* If the account is under a yearly contract, you may cancel your account and request for a refund of the unused month's service fee for a maximum of 10 months (minus PayPal fees after 45 days of payment). Over usage of your account does not apply to such refunds. Cancellation includes the removal of all files on the account. In the event of a charge back, Rsync Palace will immediately terminate all services to client. On cancellation, you must cancel the Paypal subscription to avoid future charging to your account. Under no circumstances is Rsync Palace obligated to refund the extra payments automatically, although refunds would always be given if contacted. To provide your notice of cancellation, you must fill out the form below to initiate the cancellation of your service. Please attach and send the form to the email address listed on the form.
Cancellation Request Form
Fair Usage Policy:
While our backup service offerings are suitable for the bulk of our customers, there are some that are better suited for dedicated backup plans, which have dedicated bandwidth. We reserve the right to discontinue service to any customer considered abusive when it is evident that the "fair-use" of shared resources of the server's bandwidth has been breached. (ex. You are on a 15 GB plan and use 3 TB of data transfer.) If this becomes necessary, you can either switch to a dedicated plan, or request a refund. Please refer to section marked as "Service Refusal".
Modification:
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail on file, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. If any modification is unacceptable to you, your only option is to terminate this Agreement by cancelling your account.
Disclaimers:
Although we try to maintain a very high service availability, the services provided by RSYNC Palace are not designed for mission critical use, and should not be used for such purposes. Our services should only be used for fault-tolerant purposes which allow for failure.
Service Refusal:
RSYNC Palace reserves the right to refuse service to anyone for any reason, and to cancel any accounts for any reason. Upon such account termination, a customer is entitled a refund of the month's service fees and a minimum of 72 hours of notice.
THESE SERVICES ARE PROVIDED "AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL RSYNC PALACE OR ITS EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, OR ASSOCIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
* There is NO money back guarantee. Refunds are given on a case-to-case basis. We do provide test accounts, feel free to ask for a test account prior to ordering. This is to prevent unneeded hassle from processing refunds.
Last updated 05/14/10. No terms were changed with this update. Refunds and Cancellations terms were refined to provide a higher level of clarity.
