rsync.net - Terms of Service - Updated May 2013

Introduction

One of the hallmarks of rsync.net and the service that we provide is the lack of nonsense and the
clueful nature with which we do business. We are engineers, and we, like you, know very well how
you want to be served by us, just as you know very well what not to do here.

That being said, let this document serve as Terms of Service, Acceptable Use Policy and Privacy
Policy for rsync.net and all services it provides and all interactions it enters into. This
document will describe the services offered, what monetary transactions are required for those
services, what actions are prohibited, and what interactions we will and will not have with your
data and meta-data.

While we reserve the right to change this document at any time, it will only ever be made more
stringent - further limiting the scope of our own actions, and extending greater freedom and privacy
to our customers.

Translation:

You have better things to do than track down separate policies for each of Terms of Service, Privacy,
and Acceptable Use, so we combine them here. Further, you have better things to do than track changes
that we make to this document and constantly re-evaluate what they mean for your data and your privacy,
so know from the start that these policies will only ever be made more strict, advocating greater privacy
and consumer protection. A unix-style changelog, at the end of this document, will track all changes made to
this document.

The Company

rsync.net exists to provide secure, private and online data storage to individuals and organizations.
This service allows those parties to safeguard their data with the use of our fault tolerant computer
systems and the optional use of our data replication service and our filesystem snapshot/versioning system.
In addition a highly technical level of customer support is provided to help customers store, access and
manipulate the data they store on rsync.net computer systems.

Specifically, rsync.net provides Internet connectivity and data storage which rsync.net makes remotely
accessible for a certain amount of money per unit time.

The specific product and service, the amount of money charged per unit time, and the unit time itself
are agreed upon during commencement of the service.

The Service

You will be provided with a Unix filesystem of a certain size for a certain monthly fee, both of which
are determined when you become a customer of rsync.net. You may cancel at any time for any reason with
no penalties or future obligation. Generally existing payments will not be refunded to you.

In return for these payments, your filesystem and the computer system it exists on will have a 99.5% or
better period of connectivity to the public Internet measured in one minute intervals. Further, you will
receive technical support for issues related to your filesystem and its use.

Technical support will be provided on a same day basis, usually within an hour, by highly qualified UNIX
engineers.

You agree that the computer system that houses your filesystem will require downtime for consistency checks
on rare occasions and that you will generally be given four days notice prior to this type of maintenance.
You also agree that in some cases you will be given less notice. You agree with the policy of rsync.net to
always trade system uptime for data integrity, and agree that extended periods of system downtime on rare occasions
are required to ensure data integrity are acceptable, and further, will not be computed into the monthly
system uptime percentage.

Translation: Sometimes computer systems need to be rebooted for maintenance purposes, and sometimes
they crash. You will not hold us to our uptime guarantee if we decide to err on the side of data integrity
and spend a night fsck'ing (File System ChecKing) your filesystem for you.

Please note that our commitment to expert support, in real person to person communication, and not through
a ticket system, is in our TOS. It is not something we just talk about - we are committed in this document
to providing this for all of our customers.

Privacy

rsync.net does not examine the contents of customer filesystems.

However, during the course of normal operation and maintenance, certain meta-data such as filenames, directory
structures, traffic levels and patterns may be observed.

rsync.net does not store logs of customer activity. Every night all logs are destroyed, and only meta-data
related to network traffic is stored.

No form of data or meta-data concerning the behavior of our customers or the contents of their filesystems, or
even the customer data that we hold in our records for billing, will ever be divulged to any law enforcement
officer or agency without order served directly by a US court having jurisdiction. Immediate notice will be
given to any customer named in such a court order, and access to their files will not be interrupted unless
specifically barred by the court order.

The Company strongly recommends that all customers encrypt their data, and will aid them in doing so as part of
routine support.

No consumer or personal information about our customers of any kind will be divulged to any party for any reason.

Translation:

It's a short privacy policy. We won't divulge anything, period. As for your data, please do encrypt it.

Acceptable Use Policy

The rsync.net Acceptable Use Policy is an effort to comply with all federal, state and local laws, as well as
as to protect the physical and logical security, and continuity, of the systems that rsync.net runs and the
services that rsync.net offers.

rsync.net customers agree not to store data on rsync.net computer systems that violates US law, the state laws
of any state in which rsync.net does business in, or the local laws of any localities rsync.net does business
in.

rsync.net customers also agree not to participate in, or aid others in, accessing any rsync.net computer system
in a manner that it is not already being made accessible in, or accessing any customer data that is not their own.

rsync.net is not subject to the laws of any nation other than the United States of America. rsync.net encourages
persons around the world to store data that may be considered dangerous, subversive or otherwise discouraged in
their country of origin, but not in the United States.

Lack of Guarantees

rsync.net provides the services listed above, and any other services provided
in the future on a BEST EFFORTS BASIS. NO GUARANTEES ARE EXPRESSED OR IMPLIED
related to data retention, integrity, continuance, or availability.
Your data may become unavailable, or be destroyed by any number of events, not
limited to fire, floods, acts of terrorism, or other man made or natural disasters.

rsync.net describes and refers to, in its communications and in documentation and
by other means, numerous rsync.net and third party software applications, methods and practices.
You agree that rsync.net makes no representation, claim or promise that these pieces
of software provide any level of function, are safe, are secure, or are fit for
any purpose whatsoever.

Translation: We hate this. We're sorry it has to be here, but it is business
suicide not to have this clause. There are, unfortunately, people that make their
living pursuing businesses that fail to adopt such language. Understand that the
owners and employees of rsync.net all have their most precious data stored on these
systems, in some cases exclusively.

Notice of Termination

In the extremely unlikely event that rsync.net ceases to operate this product and service, we will notify our customers 60 days in advance of any service termination.

Reservation of Rights

The Company reserves the right to revoke or alter this Terms of Service at any
time. The company reserves the right to refuse service to any person or
organization for any reason, and reserves the right to terminate the service
of any existing client for any reason.

Summary

If you uphold your end of this agreement, we will uphold our end and do our
best to provide intelligent, useful service at a reasonable price.

We love running this business, and we love the service we offer. It makes
us very happy to offer such an open, extensible resource to the community
that knows best how to use it.