Backup Dragon Terms of Service


By obtaining a service or product with Secure Dragon LLC. (We, Us, Our, Backup Dragon), you (Client, User, Member) agree to all the terms listed here along with the Acceptable Use Policy and our Privacy Policy. The interpretation of these guidelines is at the sole discretion of Backup Dragon:

ACCOUNT INFORMATION

It is your responsibility to ensure your account information (including all contact information) on file is current or up to date at all times and you accept that you will provide verification required if requested to prove your information is accurate. Providing false information of any kind may result in the termination of your account along with the inability to use any of our services or products. We do not accept orders from businesses or business addresses without prior approval. If you place an order from a non-residential ISP or provide an address for a business and not a residential address without contacting us first your account will be terminated without a refund and reported to the appropriate databases.

CLIENT DATA AND BACKUPS

You agree to take full responsibility for files transferred and maintain proper backups of all data. BACKUPS ARE NOT PROVIDED FOR THESE SERVICES!

PROMOTIONS AND CONTESTS

1. We reserve the right to alter any promotion or contest at any time.
2. All promotion codes are limited by the number of uses and have an expiry date.
3. Promotions are not guaranteed for all users and may be removed or altered by us at any time if we feel that the promotion was received in error or used for any reason other than its intended purpose.
4. No purchase is necessary to enter any contests.
5. One contest entry per person unless otherwise noted.
6. Violation of any Terms of Service at any time will result in a voided entry and inability to participate in any contests or promotions.

BASIC MANAGEMENT

Our Basic Management is limited to critical issues regarding your VPS hardware and virtualization platform along with basic troubleshooting of your freshly provisioned service.

We may assist you with other issues but such support is not guaranteed and may incur an Advanced Technical Support Fee (upon the clients approval). In the event of an Advanced Technical Support Fee, payment for the first hour is required prior to any work being performed.
Support requests for tasks that can be performed by the client in the Client Area or any provided control panel will incur a Client Task Fee.

UPTIME SLA GUARANTEE

99.9% Uptime SLA translates to no more than 43.2 minutes of downtime a month*.

Please open a ticket with our Billing department for all SLAs and guarantees to be honored for up to a 100% credit for the month towards your next billing cycle.

*Maintenance is not included in the SLA.

MONEY BACK GUARANTEE

Money Back Guarantee is only for the first 30 days of an active client's account (excluding any additional fees such as domain and license add-ons) and cannot be used if a client leaves Backup Dragon and returns at a later date without prior approval.
Guarantee is not applicable if over 50% of your bandwidth is used, you are found in violation of our Terms of Service at any time, or your service is suspended for any reason.

Clients who pay with bitcoin (BitPay) are only eligible for account credit.

To cancel your service, please login to the client area, click on "My Services", select your current service with us, and at the bottom click the "Request Cancellation" button. This will cancel your service with us. If you would like a refund, please open a ticket with our Billing department requesting one and it will be processed after your service is cancelled if entitled to one.

SUSPENSION, CANCELLATION, AND TERMINATION

Backup Dragon may suspend or block access to any services without notice for any of the following reasons:
1. To comply with any law, regulation, court order, government request, or any order requiring immediate action.
2. To prevent interference with, damage to, or degradation of Backup Dragon's network.
3. To eliminate a hazardous condition to staff, users, or visitors.
4. Service misuse, fraudulent activity, agreement violation, or any other action that can negatively impact Backup Dragon's network, staff, clients, or visitors.

Accounts suspended or terminated by Backup Dragon will be subject to a Reactivation Fee if eligible to be reactivated and are not able to redeem any SLAs or guarantees.

Accounts in good standing may cancel their accounts at any time. No advanced notice is required.

We reserve the right to delete any data belonging to an inactive account anytime after seven days of non-payment.

Termination of any service will result in termination of all other services with Backup Dragon.

RESOURCE USAGE

You agree not to misuse the resources provided to you as outlined in our Acceptable Usage Policy. We reserve the right to alter our plans and services at any time.

PAYMENTS AND REFUNDS

Bitcoin payments are non-refundable regardless of circumstance or other guarantees.

All payments made are non-refundable outside of the 30 Day Money Back Guarantee.

Opening a payment dispute or chargeback will be considered as an attempt to avoid paying for services provided (theft) and result in termination of all services and the client's details being reported to various services for fraudulent activity. Additionally a Returned Payment Fee will be applied to the balance for a debt collection agency to recover.

We allow clients to add funds to their account as a convenience, these funds are non-refundable so we do not recommend adding funds in advance unless you are absolutely sure.

You must pay the required amount owed on the date your invoice is due, if an invoice is not paid by the due date all services may be suspended until all invoices are paid. If the invoice is unpaid, the service will be automatically terminated and all data will be deleted by our system 14 days after the invoice due date.

PRICING AND FEES

Backup Dragon reserves the right to alter their pricing at any time. Current fees include:
• Reactivation Fee - $5
• Resource Usage Fee - $5
• VPS/Web Hosting Overage Fee - $5 per GB
• Advanced Technical Support Fee - $25 per hour (minimum 1 hour if support staff is available)
• Client Task Fee - $5 per request
• Returned Payment Fee - $35 per chargeback/dispute

INDEMNIFICATION

You agree that you shall defend, indemnify, save and hold Backup Dragon harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Backup Dragon, its agents, its clients, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, its agents, employees or assigns. You agree to defend, indemnify and hold harmless Backup Dragon against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Backup Dragon; (2) any material supplied by clients infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Backup Dragon's servers.

THIRD PARTY PRODUCTS

Any merchandise products or services available to users or members from links from this web site are provided by third parties who are not necessarily affiliated or connected with Backup Dragon. To the fullest extent permissible by law, Backup Dragon excludes all liability under any circumstances (including negligence) for any special or consequential damages that result from the use of, or the inability to use, the materials on this site. Applicable laws may not apply to all those who access the web site.

DISCLAIMER

Backup Dragon will not be responsible for any damages you or your business may suffer. Backup Dragon makes no warranties or guarantees of any kind, expressed or implied for services or products we provide. Backup Dragon disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Backup Dragon and its employees.

This agreement will be construed and enforced in accordance with the laws of the State of Florida and the venue for any action, dispute or proceeding with respect to this agreement will be Pinellas County, Florida.

Backup Dragon reserves the right to take any action necessary to safeguard its staff, clients, property, and other investments.

COMMUNICATIONS

During the course of any communication with staff or other members, you must make all attempts to remain professional and respectful. Violation of this regardless of the chat medium used may result in termination of your account.

ADDITIONAL TERMS

You agree to follow any guidelines, rules, requirements, or restrictions listed within our website, e-mails, or any other document or communication we provide and maintain.

CLIENT RESPONSIBILITY

Each Backup Dragon client is responsible for all of the actions performed by their account and, by accepting service from Backup Dragon, is agreeing to ensure that its customers, representatives, or end-users abide by this Terms of Service. Client shall be responsible for any and all damages caused to Backup Dragon. Backup Dragon may charge client an amount equal to the cost associated with repairing any damages done.

ALTERING TERMS OF SERVICE

Backup Dragon reserves the right to alter the Terms of Service at anytime without prior notice. Continuation of service or account usage after the revised Terms of Service has been available will constitute an agreement to follow the updated Terms of Service. If at any time you feel you are unable to agree to our terms please contact us immediately.
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