asylus.com - Terms of Service - Updated May 2011
Introduction
One of the hallmarks of asylus.com 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 asylus.com 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
asylus.com 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
asylus.com computer systems.
Specifically, asylus.com provides Internet connectivity and data
storage which asylus.com 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 asylus.com. 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 asylus.com 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
asylus.com 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. asylus.com 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 asylus.com 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
asylus.com runs and the services that asylus.com offers.
asylus.com customers agree not to store data on asylus.com
computer systems that violates US law, the state laws of any state
in
which asylus.com does business in, or the local laws of any
localities asylus.com does business in.
asylus.com customers also agree not to participate in, or aid
others in, accessing any asylus.com computer system in a manner
that
it is not already being made accessible in, or accessing any customer
data that is not their own.
asylus.com is not subject to the laws of any nation other than the
United States of America. asylus.com 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
asylus.com 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.
asylus.com describes and refers to, in its communications and in
documentation and
by other means, numerous asylus.com and third
party software applications, methods and practices.
You agree that
asylus.com 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 asylus.com all have their most precious data stored on
these
systems, in some cases exclusively.
Notice of Termination
In the extremely unlikely event that asylus.com 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.