Terms of Services
Our Terms of Service, which is hereby incorporated by reference, specifically prohibits the use of our service(s) for illegal activities. Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP addresses, account history, account use, correspondence between the Company and the subscriber, and any other information related to the subscriber, the account, or any past or current services. to any law enforcement agency who makes a written request without further consent or notification to the Subscriber. In addition TheStack shall have the right to terminate all service set forth in this Agreement if, in the sole discretion of TheStack, the account and/or services were used in any manner which is illegal or otherwise violates these Terms of Service, our AUP, or any other company policy. If an account is terminated in accordance with this section, no refunds shall be issued and all amounts prepaid forfeited.
2. Service Rates
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
2a. Bandwidth Overages
Bandwidth Overages: All TheStack bandwidth overages are billed at $0.05 per GB for metered transfer customers. Customers on 95th percentile billing will be billed an overage rate agreed to upon sign-up, or their current Per Mbps 95th percentile rate, whichever is higher.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service. Subscriber agrees that The Company automatically charges subscriber’s credit card every month. TheStack reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date.
4. Payments & Fees
Service will be interrupted on accounts that reach 3 days past due. Service interrupted for nonpayment is subject to a 10% re-activate charge.
Please note that TheStack, reserves the right to take ownership of colocated equipment should the account be more than 30 days past due on any payments. Any co-located equipment located within our facilities which is left beyond the course of an agreement for us to provide co-location services is subject to a storage fee equal to the rate of the co-location fee that would otherwise be associated with the equipment. If the equipment is sold, the selling price will be used towards the bill, minus a 15% processing fee, with any remainder leftover being held indefinitely.
Accounts not paid by due date are subject to a 10% late fee. Accounts that are not collectable by TheStack may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this Terms of Service.
5. Refund & Disputes
All payments to TheStack, are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in TheStack’s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay TheStack an “Administrative Fee” of not less than $50 and not more than $150.
6. Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
6. Account Cancellation
All requests for canceling accounts must be made via client panel with at least 72 hours before the next invoice due date. You must have all account information to cancel and accounts must be paid in full before the cancellation will be considered complete.
7. Service Disruptions
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss, or injury.
8. Support Boundaries
TheStack, provides 24/7 technical support to our web hosting customers. TheStack only ensures that the server is online and is remotely accessible. T heStack does not offer tech support for application specific issues such as web programming, html or any other such issue. TheStack does not provide technical support for YOUR customers. If you can email, we encourage you to email [email protected] for assistance.
9. SPAM and Unsolicited Commercial Email (UCE)
TheStack takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM (of any kind) over our network. Very simply this means that customers of TheStack may not use or permit others to use our network to transact in UCE. Customers of TheStack may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of TheStack’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, TheStack will initiate an immediate investigation (within 48 hours of notification). During the investigation, TheStack may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, TheStack may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, TheStack reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. TheStack will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175 per hour that TheStack personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the TheStack’s network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
We permit the sending legal, CAN-SPAM act compliant e-mail from one IP address per server or VLAN without additional charge. Additional charges apply whenever mail will be sent from multiple IP addresses or if any of the IPs are being used in connection with bulk e-mail, such as hosting sites which are referenced (via hyperlink or otherwise) in bulk messages. All IP addresses that will be used on a server or VLAN that is used for or in connection with the sending of e-mail are billed at a rate of $4.00 per IP address per month. This rate applies to all IP addresses associated with the server or VLAN from which the e-mail is being sent, including those addresses which aren’t being used for or in connection with the sending of e-mail. Any customer found to have used multiple IP addresses on one server or VLAN for the sending of e-mail will, at the sole discretion of TheStack, be charged $4.00 per IP address retroactively from when the IP assignment was made. TheStack requires that all clients maintain opt-in information for all subscribers including the date, time, and source that each e-mail was added to the mailing database. This information must be retained for not less than 90 days and must be supplied to TheStack upon request. The opt-in information may be forwarded to any complainant alleging that they have received SPAM e-mail messages.
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice without refund.
11a. IP Address Ownership
IP Address Ownership: If TheStack assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to TheStack, and Customer shall have no right to use that Internet Protocol address except as permitted by TheStack in its sole discretion in connection with the Services, during the term of this Agreement. TheStack shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by TheStack, and TheStack reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion, at any time and without any advanced notice. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame The Company reserves the right to retract IPs that are not being utilized without notifying the client.
11b. Data usage
TheStack will monitor Customer’s bandwidth. TheStack shall have the right to take corrective action if Customer’s usage negatively impacts other clients.
11c. System and Network Security
Users are prohibited from violating or attempting to violate the security of the TheStack’s Network. Violations of system or network security may result in civil or criminal liability. TheStack will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services or access to which such User is not entitled. Using any method to change, mask, hide, or otherwise obscure the source of any IP packet, including but not limited to the use of “spoofing” techniques, open relays or proxies, or the use of any inaccurate or unauthorized information or domain name, including TLD, in a PTR or other reverse DNS record that provides for IP to name resolution, including records hosted on TheStack DNS servers or any other server to which IP to name resolution authority is delegated or otherwise assigned.
12. Notification of Violation
TheStack is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First violation: Any User, which TheStack determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at TheStack’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
Second Violation: Users that TheStack determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
13. Suspension of Service or Cancellation
TheStack reserves the right to suspend network access to any customer if in the judgment of the TheStack’s network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which TheStack chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
14. Changes in Policy
TheStack wishes to emphasize that in agreeing to the TheStack Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies TheStack for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to TheStack or the bringing of any claim against TheStack by any third-party. This means that if TheStack is sued because of a customer’s or a customer of a customers’s activity, the customer will pay any damages awarded against TheStack, plus all costs and attorney’s fees.
16. Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
The typical time for the provisioning of new orders is 3 business days after the day we receive payment for the order. Unless the order takes longer than 3 business days to complete or we have made other arrangements in advance, the renewal date for all subsequent periods of service will be based on the date on which payment was received for the order. If the order takes longer than 3 business days to complete, the client may request that the renewal date for subsequent periods of service to be updated to reflect the actual date on which the server was deployed.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
TheStack takes no responsibility for any material input by others and not posted to the TheStack’s network by TheStack. TheStack is not responsible for the content of any other websites linked to the TheStack’s network; links are provided as Internet navigation tools only. TheStack disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
TheStack is not responsible for any damages your business may suffer. TheStack does not make implied or written warranties for any of our services. TheStack denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by TheStack.
17. Responsibility for Content
You, as TheStack’s customer, are solely responsible for the content stored on and served by your TheStack server.
18. Colocation Liability
TheStack assumes zero liability for colocated hardware, including, but not limited to, lost or damaged equipment. Additionally, the customer assumes full liability for maintaining insurance on their own hardware in colocation with TheStack.
19. Price Errors
TheStack reserves the right to not deliver a product or service that was ordered at a certain price if the price is deemed by TheStack to be a mistake.