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Backup red-pen v3

Review date: July 29, 2026 · Layer: Backup & recovery minimums · risk 100/100

Bottom line

Red-pen review of “Host T&C” against “Backup & recovery minimums”. 8 concern(s) for legal review.

This is an issue-spotting review for human verification — not a court ruling or formal legal opinion. Confirm each locator and citation against the source before acting.

Highest-priority passages

  1. 1. Prohibited content detected — high concern

    Source: Host T&C

    highProhibited content

    The target appears to include language that your red-pen pack marks as do-not-include: “No warranty that data will never be lost”.

    Evidence from target: No warranty that data will never be lost

    Why this is concerning:

    • The target appears to include language that your red-pen pack marks as do-not-include: “No warranty that data will never be lost”.

    Citations to verify:

    • Do not include

    Recommended action: Strike or rewrite the prohibited language so counsel can approve a conforming version.

  2. 2. Possible missing: MINIMUM BACKUP AND RECOVERY REQUIREMENTS: — medium concern

    Source: Host T&C

    mediumMissing requirement

    Your red-pen pack expects coverage of “MINIMUM BACKUP AND RECOVERY REQUIREMENTS:”, but that concept was not clearly found in the target excerpt.

    Why this is concerning:

    • Your red-pen pack expects coverage of “MINIMUM BACKUP AND RECOVERY REQUIREMENTS:”, but that concept was not clearly found in the target excerpt.

    Citations to verify:

    • MINIMUM BACKUP AND RECOVERY REQUIREMENTS:

    Recommended action: Confirm with legal whether “MINIMUM BACKUP AND RECOVERY REQUIREMENTS:” is required and add conforming language if so.

  3. 3. Possible missing: Daily automated backups of all production data. — medium concern

    Source: Host T&C

    mediumMissing requirement

    Your red-pen pack expects coverage of “Daily automated backups of all production data.”, but that concept was not clearly found in the target excerpt.

    Why this is concerning:

    • Your red-pen pack expects coverage of “Daily automated backups of all production data.”, but that concept was not clearly found in the target excerpt.

    Citations to verify:

    • Daily automated backups of all production data.

    Recommended action: Confirm with legal whether “Daily automated backups of all production data.” is required and add conforming language if so.

  4. 4. Possible missing: Offsite or geo-redundant backup copies. — medium concern

    Source: Host T&C

    mediumMissing requirement

    Your red-pen pack expects coverage of “Offsite or geo-redundant backup copies.”, but that concept was not clearly found in the target excerpt.

    Why this is concerning:

    • Your red-pen pack expects coverage of “Offsite or geo-redundant backup copies.”, but that concept was not clearly found in the target excerpt.

    Citations to verify:

    • Offsite or geo-redundant backup copies.

    Recommended action: Confirm with legal whether “Offsite or geo-redundant backup copies.” is required and add conforming language if so.

  5. 5. Possible missing: Documented RPO of 24 hours or better. — medium concern

    Source: Host T&C

    mediumMissing requirement

    Your red-pen pack expects coverage of “Documented RPO of 24 hours or better.”, but that concept was not clearly found in the target excerpt.

    Why this is concerning:

    • Your red-pen pack expects coverage of “Documented RPO of 24 hours or better.”, but that concept was not clearly found in the target excerpt.

    Citations to verify:

    • Documented RPO of 24 hours or better.

    Recommended action: Confirm with legal whether “Documented RPO of 24 hours or better.” is required and add conforming language if so.

  6. 6. Possible missing: Documented RTO of 8 hours or better for critical systems. — medium concern

    Source: Host T&C

    mediumMissing requirement

    Your red-pen pack expects coverage of “Documented RTO of 8 hours or better for critical systems.”, but that concept was not clearly found in the target excerpt.

    Why this is concerning:

    • Your red-pen pack expects coverage of “Documented RTO of 8 hours or better for critical systems.”, but that concept was not clearly found in the target excerpt.

    Citations to verify:

    • Documented RTO of 8 hours or better for critical systems.

    Recommended action: Confirm with legal whether “Documented RTO of 8 hours or better for critical systems.” is required and add conforming language if so.

  7. 7. Possible missing: Quarterly restore testing with written results. — medium concern

    Source: Host T&C

    mediumMissing requirement

    Your red-pen pack expects coverage of “Quarterly restore testing with written results.”, but that concept was not clearly found in the target excerpt.

    Why this is concerning:

    • Your red-pen pack expects coverage of “Quarterly restore testing with written results.”, but that concept was not clearly found in the target excerpt.

    Citations to verify:

    • Quarterly restore testing with written results.

    Recommended action: Confirm with legal whether “Quarterly restore testing with written results.” is required and add conforming language if so.

  8. 8. Possible missing: Retention of backups for at least 30 days. — medium concern

    Source: Host T&C

    mediumMissing requirement

    Your red-pen pack expects coverage of “Retention of backups for at least 30 days.”, but that concept was not clearly found in the target excerpt.

    Why this is concerning:

    • Your red-pen pack expects coverage of “Retention of backups for at least 30 days.”, but that concept was not clearly found in the target excerpt.

    Citations to verify:

    • Retention of backups for at least 30 days.

    Recommended action: Confirm with legal whether “Retention of backups for at least 30 days.” is required and add conforming language if so.

Source excerpt analyzed
EXAMPLE HOSTING TERMS OF SERVICE

1. Service. We provide virtual private servers on a best-effort basis.
2. Data. Customer is solely responsible for maintaining backups of all Customer Content. Provider has no obligation to back up Customer Content and shall have no liability for any loss of data.
3. Warranty disclaimer. THE SERVICE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY THAT DATA WILL NEVER BE LOST.
4. Limitation of liability. Provider's total liability shall not exceed fees paid in the prior month. Provider is not liable for any data loss, regardless of cause.
5. Termination. Upon termination, Customer Content may be deleted immediately without notice. Export assistance is not guaranteed.
6. Security. We use commercially reasonable security measures. Backup encryption is not addressed.
7. Incidents. We may notify customers of security incidents at our discretion.
8. Governing law. Tennessee.
9. Changes. We may change these terms at any time without notice.
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