Last Updated on October 27th, 2022
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Backup Services Agreement (this “Agreement”) is entered into by and between Black Nova Designs and you and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Black Nova Designs Backup Services (the “Services”), and represents the entire agreement between you and Black Nova Designs concerning the subject matter hereof.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, our Universal Terms of Service Agreement, which is incorporated by this reference, and any other agreements or policies that may be noted below as also being incorporated.
2. DESCRIPTION OF SERVICES
Black Nova Designs Backup Services provide website backups for your website and database files (the “Content”) contained on your Black Nova Designs or third-party hosted websites (“Sites”).
The Services do not provide backups for temporary cache files and folders.
Access to Sites.
In order to provide these Services, Black Nova Designs requires access to your Sites via sFTP, sFTP (SSH-key), or FTP to set up scheduled backups for your Content. You authorize Black Nova Designs to access your Sites in the above manner to facilitate and manage the Services.
Storage of Content.
Black Nova Designs will securely store the backups of your Content either off-site with a third-party cloud vendor or in Black Nova Designs datacentres. Black Nova Designs reserves the right to determine where to store your Content.
Available Storage Space.
As part of the Services, you are given a pre-determined amount of storage space for Black Nova Designs to perform backups of your Content. In the event you exceed this amount of space, Black Nova Designs will stop creating new backups until you purchase additional storage associated with your site, or you move below your quota. You may upgrade or downgrade the amount of storage space at any time, depending on your needs.
Black Nova Designs will store the last 30 days of Content backups on a rolling basis and will remove all data stored after the product has been cancelled.
As part of the Services, you will be able to manage your backups from your Account by viewing, downloading, restoring, and deleting your Content. Black Nova Designs will consistently back up your Content at our defined frequency until your Services plan is cancelled or you run out of storage on your Services plan.
3. YOUR OBLIGATIONS; REPRESENTATIONS AND WARRANTIES
Abusive Activities and Other Threats.
You acknowledge and agree that you may not use our servers and your Sites as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, Black Nova Designs, our customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your Sites as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your Sites temporarily or permanently from our servers if you are in violation of this Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all Sites associated with your use of the Service may be removed if any one Site is in violation of this Agreement. You further acknowledge and agree that Black Nova Designs reserves the right to scan your Content for malware and other malicious active content, and remove such content for security purposes in the event it is discovered.
Storage and Security.
Though the Services are meant to offer backup of your Content, to ensure the loss or damage to your Content, we would recommend you also consider deploying other measures such as maintaining independent archival and backup copies of your Content. We are not responsible for the security, integrity and confidentiality of the Content transmitted through your use of the Service except as expressly provided by this Agreement.