a. These Terms of Service ("Terms" or "Terms of Service”) govern your use of our Services provided by STACKA Inc. having its place of business at 1007 N ORANGE St. 4th floor Ste 1382, Wilmington, Delaware, 19801 (“we” or “our” or “us” or “Company”).
b. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Services. For the avoidance of doubt, whenever you utilize your account, or grant permission for someone else to use it, to either acquire additional services, access new features, or cancel your current services (even if we have not received formal notification of this authorization), it is important to understand that you are fully responsible for these actions. By taking such steps, you are acknowledging that you have carefully reviewed and agree to abide by these Terms.
c. The term "you" or "user" refers to any individual who accesses or uses the Service, whether as a representative of an entity or in their personal capacity. The term "you" or "user" also refers to any entity, including but not limited to corporations, partnerships, limited liability companies, and other legal entities, that accesses or uses the Services through its authorized representatives or users.
d. By using any Services, you represent and warrant that:
a. Subject to compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, revocable license to use the services provided by Company, including but not limited to domain registration, web hosting, email hosting, SSL certificates, and related services ("Services").
b. This license permits you to access and use the Services solely for your personal or business purposes and in accordance with the terms and conditions set forth in these Terms of Service.
c. You agree not to:
d. By using the Services, you may upload, submit, or otherwise make available content ("User Content"). You retain ownership of any intellectual property rights in the User Content that you upload or submit, subject to the license grant to Company below. By uploading, submitting, or making available User Content through the Services, you grant Company a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly perform, and publicly display the User Content solely for the purpose of providing the Services to you. If you provide Company with any suggestions, feedback, or ideas regarding the Services ("Feedback"), Company may use such Feedback without restriction and without any obligation to compensate you for the Feedback.
e. This license is effective until terminated by you or Company. Company may terminate this license at any time for any reason without notice. Upon termination of the license, you must cease all use of the Services.
f. All rights not expressly granted herein are reserved by the Company.
a. In order to access and use the Services, you must register for an account. By registering, you agree to provide accurate, current, and complete information during the registration process. This includes but is not limited to your name, contact details, billing information, and any other relevant information requested by us. It is your responsibility to keep this information updated. If any aspect of your information changes after registration, you agree to promptly notify us within five (5) business days of such changes.
b. We may occasionally contact you to verify the accuracy and validity of the information you have provided. To ensure the smooth operation of your account and our services, you agree to respond to these inquiries within five (5) business days of receiving them. Failure to respond promptly within the specified timeframe may be considered a material breach of these Terms, resulting in actions outlined below.
c. If you provide information that is inaccurate, outdated, false, misleading, or incomplete, or if we have reasonable suspicion that such information has been provided, we reserve the absolute right, at our sole discretion, to terminate your account and discontinue providing our Services without prior notice.
a. You are responsible for maintaining the security of your account and password. You agree not to share your account credentials with any third party. We will not change passwords for any account without satisfactory proof of identification, which may include written authorization with a signature. You shall notify us immediately of any unauthorized use of any password or user id or any breach of security. We are not responsible for any losses, damages, costs, expenses, or claims that result from stolen or lost passwords
b. Access to the Services is granted on a non-exclusive, revocable basis. We reserve the right to suspend or terminate your access to the Service at any time without notice.
c. You are solely responsible for any loss or damage to your account, server and its content. You acknowledge that all activities, charges, and usage associated with your account or server content are your responsibility.
d. You must take steps to:
e. Security risks or personal disputes
f. If you transmit sensitive information to us, you should take all necessary precautions to ensure the secure transmission of this information over a protected communication channel.
g. You shall be responsible for obtaining and maintaining both the functionality and security of any equipment and ancillary services needed to connect to, access, or otherwise use the Services.
h. We may, from time to time, provide updates, upgrades, or modifications to the Services. You agree to promptly install any updates provided by us to ensure the continued functionality and security of the Services.
a. We offer ticket-based support to you at no additional charge. This support is provided to assist you with technical inquiries, troubleshooting, and general assistance related to our services.
b. Our ticket-based support is available during designated business hours and response times may vary based on the volume of inquiries and the nature of the issue.
c. Free ticket-based support is subject to limitations and may cover basic technical issues, account-related inquiries, and general questions about our services.
d. We reserve the right to determine the scope and extent of free support provided, including the complexity and nature of the support request.
e. In addition to free ticket-based support, we offer paid support options for you requiring more extensive or specialized assistance. The details and pricing of paid support options will be clearly displayed on our website and may include:
f. Paid support options may cover advanced technical issues, complex configurations, customizations, and other specialized services beyond the scope of free support. Users interested in paid support can review the available options on our website and select the appropriate service level based on their needs.
g. Users opting for paid support services agree to pay the applicable fees as outlined on our website at the time of purchase. Payment for paid support services may be processed through our designated payment methods and is non-refundable unless otherwise specified.
h. Company reserves the right to update or modify the support offerings, including the availability, scope, and pricing of free and paid support services.
i. We use commercially reasonable efforts to make the Service available 99% of the time. However, we do not guarantee this uptime. The Service may be unavailable due to: (A) Unforeseen circumstances beyond our reasonable control, such as natural disasters, power outages, internet outages, or third-party service disruptions. (B) Scheduled maintenance. We will use commercially reasonable efforts to schedule maintenance during off-peak hours and provide advance notice whenever possible. (C) Other technical difficulties that we may encounter in providing the Service. We will use commercially reasonable efforts to promptly identify and resolve any outages affecting the Service.
a. By using the Services, you consent to the collection and use of your personal information as described in our privacy policy available on our website. You acknowledge that the information provided is accurate and complete.
b. We implement and maintain appropriate technical and organizational measures to protect the security and confidentiality of your data. These measures may include encryption, access controls, and regular security assessments. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee the absolute security of your data.
a. Lawful Use: Users of our Services agree to use them only for lawful purposes. This means that you must comply with all applicable laws, regulations, and rules governing your use of our Services. You may not engage in any activity that is illegal, fraudulent, or prohibited by law.
b. Prohibited Activities:
c. You agree to comply with all applicable domain name registration policies and procedures of the relevant domain name registry.
d. You agree not to behave in an abusive, threatening, offensive, harassing or invasive way. This includes all types of audiences, originating from our servers & network.
e. You agree not to register domain names that are:
f. Shared Web Hosting Terms
g. Dedicated Hosting Terms
h. Reseller Hosting Terms
i. We reserve the right to refuse to register a domain name for any reason.
j. You agree to adhere to generally accepted online communication practices, also known as "Netiquette," when using our Services. This includes, but is not limited to:
k. The web hosting and reseller hosting accounts, along with any related electronic services provided by us, are intended for lawful purposes in compliance with all applicable international, federal, provincial, and municipal laws. Our services are designed to host web documents and facilitate legitimate online activities, not to serve as a storage facility for electronic files.
l. Compliance with Policies: Users must comply with all applicable policies, guidelines, and regulations posted on our website or communicated to users. This includes our Terms of Use, Privacy Policy, and any other specific policies related to the use of our services.
m. if you believe that a user is violating any acceptable use provisions herein, you are encouraged to report the violation to us.
In the event of a violation of any acceptable use provisions herein, we may take any action we deem necessary, including:
o. We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions. We will disable hosting accounts and Services if we deem it necessary, at our sole discretion, stating the reason via email.
p. We may suspend or terminate your account without notice, if we find malware on your hosting accounts, span sent from your hosting accounts or similar activities from your account.
q. We may take legal proceedings against you which may include, but not be limited to, recovery of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. We may notify law enforcement authorities when necessary.
r. Violations may result in termination of services provided by us, with or without prior notice or opportunity to rectify the violation. The decision to provide a notice or cure period, if any, is at the sole discretion of us based on the severity of the violation.
s. We take violations of any acceptable use provisions herein seriously and appreciate your assistance in maintaining a safe and compliant environment for all users. We reserve the right to refuse Services to anyone at our discretion. Any material deemed obscene or threatening will be removed from our website and servers without notice. We do not keep any backups of removed material.
a. We offer trial periods of 30, 60, or 90 days for select products or services. The duration of the trial period will be clearly specified on our website and may vary based on the specific offering.
b. The prices for our products and services, including any applicable fees, will be prominently displayed alongside the product descriptions on our website. The paid plans are currently offered for monthly, quarterly, yearly, 2 years & 3 years, as specified on our website.
c. We do NOT offer auto-renewals. It is your responsibility to make payments and renew services as needed.
d. You are responsible for initiating and completing payments for services rendered by the Company. We will send payment reminders and notifications via email but will not enforce payments or auto-renewals without explicit consent from you.
e. Company reserves the right to cancel Services if payment is not received after the trial period expires. Services will be canceled if payment is not received within 7 days from the end of the trial period.
f. Company will cancel Services if payment or renewal is not completed within 7 days from the expiration date.
g. Refunds: We will only provide refunds for canceled orders if the cancellation request is submitted within the specified time frame and subject to you not being in breach of any provisions of these Terms of Service. Cancellations must be submitted no later than 30 days from placing the order. Refunds will be processed within a reasonable timeframe i.e. usually within 15 business days from the date of receiving the cancellation request from you, subject to any applicable terms and conditions. Full refunds are only provided for hosting plans only. For instance, if you have paid $29.99 for a hosting plan, we will refund $29.99. However, if you have purchased a bundle offer plan in which you have paid for hosting plan $29.99 + website template $9.99, in such case, we will refund only $29.99 that relates to the hosting plan. We allow a one-time cancellation per customer. This means you may cancel your service only once. To ensure the security of your account and prevent unauthorized cancellations, we may verify your identity using the contact details associated with your account before processing a cancellation request. once.
h. Failure to comply with payment terms or cancellation policies may result in the termination of services without further notice.
i. Tax Obligations: You are responsible for any applicable taxes or fees associated with the use of our Services. Our prices may be subject to taxes depending on your location and applicable laws. If required by law, we will collect and remit these taxes to the appropriate tax authorities.
j. If there are any fee modifications, we shall provide a notification to you. Any continuance of the Services will be considered as acceptance of the increased rates by you and these Terms shall be deemed to have been amended consequently. If you do not agree to the increased rates, you may terminate these Terms in accordance with the termination provisions herein.
k. All amounts payable to us hereunder shall be paid by you in full without any setoff, recoupment, counterclaim, deduction, debit, or withholding for any reason except as may be required by applicable law.
l. All amounts stated herein shall be payable in the currency specified in our plan details as stated on our website. All charges are in USD and may fluctuate slightly due to currency conversion. VAT may apply. Final price will be shown at checkout.
m. We may use third-party payment processors to process payments for the Services. We do not collect or store payment details such as credit card information, bank account numbers, or other sensitive financial data. Instead, we utilize third-party payment processors to facilitate payment transactions for the Service. The processing of your payment will be handled entirely by the third-party payment processor, and your payment details will be subject to their terms and conditions and privacy policies. By using the Service and making payments through the third-party payment processor, you authorize us to share transaction details with the third-party payment processor solely for the purpose of processing your payment. We are not responsible for any issues, disputes, or liabilities arising from your use of the third-party payment processor's services.
n. In the event that the Company needs to exercise any of its rights outlined in these Terms, investigate any potential breach or violation of these Terms, please be aware that service fees may continue to accrue on your accounts. This means that even if there is ongoing investigation or action taken by the Company to address any breaches or violations, you are obligated to fulfill payment obligations for any accrued service fees.
o. You shall diligently monitor the renewal status of your Services and manage orders to prevent disruptions in service.
p. In the event of any errors or discrepancies related to service provisioning or management, it is imperative to promptly notify us.
q. We shall not be liable for any damages or losses arising from delays in domain registration, transfer, or renewal processes. This limitation of liability extends to situations beyond our direct control, such as delays caused by third-party registrars or system issues.
a. The website, the Services and all content, features, and functionalities thereof are owned by us and our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We retain all rights, title, and interest in and to the Services, including all associated intellectual property rights.
b. We reserve all rights not expressly granted to you under these Terms. Except as expressly provided herein, no other rights or licenses are granted to you, whether express, implied, or by estoppel.
c. The trademarks, service marks, logos, trade names, and trade dress displayed on the website are our property. You may not use any of these marks without our prior written consent.
d. We reserve the right to enforce our intellectual property rights to the fullest extent permitted by law. Any unauthorized use of the Services or its content may violate our copyright, trademark, patent, trade secret, or other intellectual property laws.
e. If you create any new work based on our existing content (like an enhancement, modification, translation, or adaptation), that new work will belong to us. We will own all rights to these new works, and we are not obligated to give you any rights to them.
f. If you have obtained software from us, you have a limited right to use it for normal purposes. This means you can use it on one computer at a time, but not on multiple computers simultaneously. You agree not to change or modify the software in any way. You also cannot combine it with other software, create new versions of it, or integrate any additional features with it. You are not allowed to try to figure out how the software works by reverse engineering or decompiling it. We own all rights to the software, including its source code and organization. The software is protected by copyright law. These Terms do not give you any ownership rights to the software beyond what is specifically mentioned here.
g. We may display software, products, or services from third-party vendors on our website. All trademarks, logos, product names, and company names associated with these third-party offerings are the property of their respective owners. Company acknowledges that the display of third-party trademarks and intellectual property does not imply endorsement, sponsorship, or affiliation with these vendors unless explicitly stated. Company does not claim any ownership rights to the trademarks, logos, or intellectual property of third-party vendors whose products are displayed on our website. Any use of third-party trademarks or intellectual property is for informational purposes only and is intended to highlight the availability of products and services offered by these vendors. Company is committed to respecting the intellectual property rights of others and will promptly remove any content or material that infringes upon the rights of third-party vendors. The inclusion of third-party products or services on our website does not constitute endorsement or recommendation by the Company. You are advised to review the terms and conditions, privacy policies, and licensing agreements of third-party vendors before purchasing or using their products.
a. To the extent that the Services incorporates any third-party software, then subject to all applicable terms and conditions in these Terms and in accordance with and subject to any third-party license terms and your compliance therewith, we hereby grant to you a non-exclusive, non-sublicensable license to use the third-party software solely for access and to use with the Services.
b. When you purchase or use any services from us that includes third-party software or services, you agree that we have the authority to accept and agree to the terms and conditions of those third-party services or software on your behalf. This agreement to third-party terms occurs automatically when you place an order for the services that incorporate such third-party elements. By accepting our Terms herein, you acknowledge and consent to we acting as your authorized agent for accepting and agreeing to the applicable terms and conditions of those third-party providers.
c. Failure to comply with any third-party licenses may result in the immediate termination of your Services by us.
d. You can only add and use third-party software on your account if it's compatible with our servers and approved by us. Your use of third-party software is at your own risk. We do not control third-party software and cannot guarantee its performance or specific outcomes. We are not liable for any damage, data loss, or other issues related to your use of third-party software or products. We reserve the right to terminate, suspend, or alter your access to third-party software at any time.
e. You are responsible for any fees required by third-party software providers beyond the initial setup.
f. We may offer third party software products for sale that are designed for use on single or multiple computers. If you purchase licenses that allow for use on single or multiple computers, Company acknowledges and agrees not to impose restrictions on the authorized use of the software across those licensed computers except otherwise stated in the applicable third party software license terms. Users who purchase single or multi-computer licenses are responsible for ensuring compliance with the terms and conditions of the third party software license agreement, including the permitted number of installations and usage rights. Company does not restrict the legitimate use of software licenses purchased for single or multiple computers, provided that such use aligns with the terms of the third party software license agreement. Customers are expected to use the software in accordance with the terms specified in the third party license agreement and refrain from unauthorized distribution or duplication.
g. We offer dedicated hosting or dedicated server services, allowing you to rent individual servers for your exclusive use, rather than sharing resources with other users. You agree to use dedicated servers in accordance with the rules set for shared hosting. Company reserves the right to impose limitations on the use of dedicated servers to ensure fair and appropriate usage. You shall not use dedicated servers for purposes that violate Company policies or these Terms, infringe upon the rights of others, or engage in activities deemed unacceptable by Company. Company may restrict the installation or use of specific software or services that are considered unwanted or prohibited. You are responsible for adhering to all applicable laws, regulations, and Company policies regarding the use of dedicated servers. Company reserves the right to monitor server usage and take appropriate action in cases of non-compliance or misuse.
a. If you engage in reselling our services, such as domain registration or web hosting, to third parties, you assume responsibility for their actions and the content they utilize. This includes ensuring that their use of our Services complies with our policies and applicable laws.
b. We retain the right to reject any content or activities associated with your resold services that violate our policies or legal requirements, such as the dissemination of illegal advertisements or offensive material. Failure to comply may result in the suspension or termination of your account.
a. We may provide domain registration and management services solely as an accredited domain registrar. We do not guarantee the availability, accuracy, or completeness of domain names and related services beyond our control, such as domain availability, transferability, or acceptance by third-party registries or authorities.
b. We may offer or facilitate access to third-party services, including but not limited to domain privacy, email hosting, and SSL certificates. These services are subject to the terms and conditions of the respective third-party providers. We do not endorse or warrant the performance, suitability, or reliability of third-party services.
c. Our Services are not intended for data backup or archiving purposes. Storing electronic files solely for archiving purposes is prohibited and may lead to termination of hosting Services without prior notice. We reserve the right to delete your archives if they affect overall server performance.
d. Domain name registration does not confer ownership rights beyond the terms of registration. We are not responsible for disputes over domain ownership or trademark infringement involving registered domain names.
e. It is important to note that our Services are not PCI (Payment Card Industry) compliant.
f. All Services including any software and third-party software provided by us is on "as is" and “as available” basis and may not always work perfectly.
g. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, PERFORMANCE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE.
h. WE CANNOT GUARANTEE SPECIFIC RESULTS WHEN USING OUR SERVICES, AND WE ARE NOT RESPONSIBLE FOR ANY MALFUNCTIONS OR ISSUES THAT MAY OCCUR. WE MAKE NO GUARANTEES REGARDING THE EFFECTIVENESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THE SERVICES OR ANY INFORMATION PROVIDED THROUGH THE SERVICES.
i. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR VIRUS-FREE OR BUG-FREE OR UNINTERRUPTED OR SECURE, OR THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
j. THE ACCESS AND USE OF SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES OR LOSS, OR CLAIMS RESULTING FROM SUCH PROBLEMS.
k. USERS ACKNOWLEDGE AND AGREE THAT THEIR USE OF THE SERVICE IS AT THEIR SOLE RISK. USERS ARE SOLELY RESPONSIBLE FOR ANY ACTIONS TAKEN OR DECISIONS MADE BASED ON INFORMATION OBTAINED THROUGH THE SERVICES.
l. We may provide links to third-party websites or content as a convenience to users. We do not endorse or make any representations about third-party websites or content, and we are not responsible for the availability, accuracy, or content of such websites or content. Our Service may integrate with third-party applications or services for enhanced functionality. While we strive to maintain seamless integration, we cannot guarantee compatibility with all third-party systems. Users are responsible for ensuring compatibility and understanding any limitations associated with third-party integrations.
m. No Warranty of Compatibility: We do not warrant that the Service will be compatible with all devices, operating systems, or browsers. We disclaim any liability for any damage to users' devices or systems arising out of or relating to the use of the Service.
n. We employ industry-standard security measures to protect user data within the Services. However, no method of transmission over the internet or electronic storage is 100% secure. We rely on our third party service vendors to provide security, so we cannot guarantee it ourselves.
o. You acknowledge and agree that we shall not be liable for any loss or damages arising from our decision to refuse hosting your website or providing Services under these Terms.
a. Entity Responsibility: For entity users accessing or using the Services, the entity is responsible for ensuring that its authorized representatives or users comply with these Terms. The entity shall ensure that all authorized representatives or users are aware of and agree to comply with these Terms.
b. Liability for Breach by Users: The entity shall be liable for any breach of these Terms by its authorized representatives or users. In the event of any breach of these Terms by an authorized representative or user of the entity, the entity shall promptly notify us in writing of such breach and shall take appropriate action to remedy the breach and prevent its recurrence. The entity's liability for any breach of these Terms by its authorized representatives or users shall be joint and several, and we may pursue any or all available remedies against the entity and/or the responsible authorized representative(s) or user(s).
c. You agree to indemnify and hold harmless us, our affiliates, officers, directors, employees, agents, and service providers (collectively referred to as "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:
d. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
e. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT OF FEES (IF ANY) RECEIVED BY THE COMPANY FROM YOU.
f. To the fullest extent permitted by applicable law, in no event shall we or our Indemnified Parties be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to domain name disputes, loss of data, or interruption of business operations and lost profit damages arising from your use of our Services.
g. THE LIMITATIONS OF LIABILITY OUTLINED IN THIS SECTION CONSTITUTE THE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU AND SHALL APPLY TO ALL CLAIMS OF LIABILITY SUCH AS INCLUDING BUT NOT LIMITED TO WARRANTY, TORT, STRICT LIABILITY, AND NEGLIGENCE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
a. Term: The initial term of your agreement is specified on your order form and commences upon the initiation of your service. Following the initial term, your agreement will automatically be renewed for the same duration unless terminated.
b. Termination: These Terms may be terminated under the following circumstances:
c. Consequences of Termination:
d. Termination Costs: If you default on or breach the Terms, you agree to be responsible for any costs incurred by us in connection with terminating the Services provided to you. These costs may include, but are not limited to, administrative expenses, legal fees, and costs associated with transitioning or winding down the services. You acknowledge and agree that we may seek reimbursement for these termination costs from you as part of enforcing our rights under these Terms.
e. Treatment of your information: Upon termination of services, we reserve the right to delete all information associated with the terminated service from our systems.
f. We do not offer a reinstatement option for canceled or terminated Services. Upon cancellation or termination of Services, all associated data, files, and content will be permanently removed from Company's servers and systems unless required to be maintained by any applicable law or compliance policies. You are advised to back up and securely store any critical data or information prior to canceling services, as Company does not retain or store data beyond the cancellation date. Company does not provide data recovery services or retain backups of customer data after service cancellation. If you use our hosting services to host a website, create email addresses & install applications, and once your account is canceled or terminated, we will remove your hosting data except your name, email, and contact details which we will retain for the purpose of sending any administrative communications. We will not retain hosting data once your trial period ends unless you have made a purchase for a paid plan within 7 days of the end of your trial period.
a. If you believe that your material has been copied and posted on our website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
b. Contact information for Copyright Agent for providing the above notice is stated in the last para of these Terms.
a. We may, in our sole discretion, make any changes to the Services that we deem necessary or useful to maintain or enhance the quality or delivery of the Services.
b. We reserve the right to suspend or terminate any account at any time, with or without notice, for any reason, including but not limited to a violation of these Terms or potential security risks.
c. We reserve the right to deny access to or offer any Services to any person or entity.
d. You acknowledge and agree that these Terms of Service constitute a legally binding agreement between you and us. You further acknowledge and agree that each party is providing valuable consideration to the other in exchange for the rights and obligations set forth herein.
e. In the event of your breach or threatened or alleged breach of these Terms, we will be irreparably harmed and may not have an adequate remedy in money or damages and shall be entitled to an injunction against such a breach from any court of competent jurisdiction. Notwithstanding the foregoing, we shall also have the right to obtain other applicable remedies available at law.
f. These Terms shall be governed by and construed in accordance with the laws of State of Delaware, without regard to its conflict of law principles and you agree to submit to the exclusive jurisdiction of, and venue in, the courts in the State of Delaware in any dispute arising out of or relating to these Terms. The prevailing party shall be entitled to payment of its costs, expenses, and attorney fees by the non-prevailing party for any actions, disputes, or litigation arising out of or related to these Terms.
g. These Terms constitute the entire agreement between you and us regarding your use of the Services and supersede all prior or contemporaneous agreements and understandings.
h. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
i. We will send you notice to the last email address you provided to us. You can contact us at our contact details stated herein.
j. You will not transfer your account or access to the Services to any other person or entity without our prior written consent. These Terms and your rights and obligations hereunder shall not be assigned, subcontracted, or transferred by you without our prior written consent, and any attempted transfer shall be considered as a violation of these Terms.
k. We are not responsible nor liable for any delays or failures in performance from any cause beyond our control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third party technology providers, lockdowns, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of users.
l. Your use of any of the Services shall not make you an employee or agent or partner or joint venturer of the Company.
m. Nothing in these Terms will provide or accrue any benefit to any third party or entitle any third party to any claim, cause of action, remedy, or right of any kind.
n. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion. Delay in exercising or non-exercise any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
o. These Terms bind and benefit the parties and their respective permitted successors and assigns.
All obligations related to intellectual property, and other disclaimers, and limitation of liability or any provision which by their nature should survive shall survive the termination of these Terms.
We may modify these Terms at our discretion. The changes will be posted on this page and we will email you with a link to the updated Terms. Changes to the Terms will be effective immediately upon posting. Continued use of the Services after such modifications constitutes your acceptance of the revised Terms.
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you have any questions or concerns about these Terms, please contact us below.
Email: admin@stackahosting.us
Last Updated: 30-April-2024