Our Terms
TERMS OF SERVICE
Last updated: January 30, 2020
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the stackploy.com website (the “Service”) operated by StackPloy (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
These Terms and Conditions govern your use of this web site and the StackPloy web hosting service and associated software / applications (hereinafter “Service”). By accessing this web site and/or the Service, you are acknowledging and accepting these Terms and Conditions. These Terms and Conditions are subject to change by StackPloy (hereinafter “COMPANY” and “We”) at any time and at our discretion without notice. Your use of this web site or the Service after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the Terms and Conditions each time you use this web site or the Service.
1. ADDITIONAL POLICIES
Use of the Service is also governed by the following policies, which are incorporated by reference. By using the Service, you also agree to the terms of the following policies:
Acceptable Use Policy
Privacy Policy
Copyright Infringement Policy / Legal Notices
2. ELIGIBILITY FOR THE SERVICE AND SPECIAL TERMS
A. You must be at least 18 years of age in order to use the Service. By registering to use the Service, you affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are registering to use the Service on behalf of a company you own or work for, you represent that you have authority to bind that company to these terms.
B. To be eligible to use the Service, you must also reside in a Country where it legal to use the Service. The Office of Foreign Assets Control (“OFAC”) (part of the U.S. Department of the Treasury) prohibits U.S. companies from conducting certain types of commercial activities with certain sanctioned countries and certain sanctioned individuals. If you are located in a sanctioned country or are listed as sanctioned individual, you are prohibited from registering or signing up with, subscribing to, or using the Service. We also prohibit the use of our Service in connection with any Country-Code Top Level Domain Name (“ccTLD”) for any sanctioned country.
C. You must provide valid and current contact information when you register to use the Service, and must keep the information updated as it changes. You should provide an email address that is different than a domain you are hosting with us, in case that account is ever suspended and we need to reach you about it. If there is ever an issue where we need to contact you (such as server outage, a legal violation that has been reported, etc.), we will use the email address that is on file for you. It is your responsibility to keep this information updated with us. If we discover that you have provided false contact information to us, we reserve the right to terminate your account accordingly.
D. You agree to keep your payment information (such as credit card) updated on your account. In the event that your credit card on file cannot be charged for the recurring fees for the service when due, please be advised that your account could be suspended in result. We will make reasonable efforts to notify you if your credit card on file has failed to give you an opportunity to provide updated credit card information.
E. We backup your server once a week. You however, agree to be solely responsible for backing up the data for your account(s) that are hosted on the Service. We do not warrant that we back up all of your data. We are not liable for any loss that results from your failure to back up your data in the event that it needs to be restored later for any reason.
F. You agree to be solely responsible for all activities that occur using your account(s) that are hosted on the Service. You are also responsible for maintaining the security of your account, and should maintain your user name and password in complete confidence.
G. You agree that you are solely responsible for complying with any state of federal laws that govern the security and privacy of personal data, such as medical or other sensitive data. You agree and understand that the Service may not be appropriate for storing or managing such sensitive data, and that you are strictly prohibited from using the Service to store protected health information as defined under the federal Health Insurance Portability and Accountability Act (HIPAA). We do not monitor or control the data that you choose to store or transmit through the Service, but reserve the right to terminate your account immediately if we discover a violation of these terms.
H. You also agree to comply with the Acceptable Use Policy in your usage of the Service.
3. PAYMENTS AND REFUNDS
Unless otherwise specified when you place your order, you agree that until such time as you cancel the Service, you shall be billed the applicable subscription fee for the Service on a recurring basis to your credit card or Paypal account on file. You shall owe the applicable subscription fee regardless of whether you fully utilize your Service limits.
To cancel your account completely please send your cancellation request to [email protected]
You will be credited a prorated amount if you cancel your account before the billing cycle is complete.
There are NO refunds available for the Service, but you are free to cancel the Service at any time by following the cancellation instructions noted above.
4. LICENSES GRANTED
Upon approval of your account by COMPANY, you are hereby granted a non-exclusive right to use the Service for hosting one or more web sites while your account remains in good standing with COMPANY.
You hereby grant to COMPANY a non-exclusive, royalty free, worldwide right and license to: (a) use, publicly display, publicly perform, reproduce, modify, translate, excerpt, publish and distribute user content posted by you or users of any of your web sites hosted through the Service; (b) make back-up copies of user content and user web sites. Except for the rights expressly granted herein, COMPANY does not acquire any right, title or interest in or to the user content.
5. TERMINATION
COMPANY reserves the right, in COMPANY’s sole discretion to terminate your access to the Service at any time, with or without notice, including, but not limited to as a result of your violation of these Terms and Conditions, or any law. Upon termination of your account by COMPANY, any and all rights granted to you by this Agreement shall be immediately terminated, and you shall immediately discontinue your usage of the Service. Upon termination of your account by you (such as if you no longer need the Service), any and all rights granted to you by this Agreement shall terminate on the last day that your recurring subscription is paid through.
Furthermore, once termination is effective, the information associated with your account may be forfeited and/or destroyed. In the event of termination by COMPANY, COMPANY may provide you with prior notice that COMPANY intends to terminate your access to the Service if such notice will not be in opposition to the purposes of these Terms and Conditions in COMPANY’s sole discretion.
Company extends to its customers a 30-day money back guarantee that it offers fully at it’s own discretion.
If you request a full account cancelation before account after 30 days you forfeit your right to any prorated credit. Company will honor its claim of a 30 day money back guarantee at its sole discretion, if it is believed you have abused Company for temporary use of a free service no refund will be given.
All provisions that by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6. INTELLECTUAL PROPERTY
You acknowledge and agree that the Service and this web site may contain content that is provided by us, our partners, or our users, and such content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree to maintain all copyright notices, information, and limitations related to any content that you access through the Service. Furthermore, except as expressly authorized by COMPANY or the applicable owner of the respective content, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us as described in Section 8.
7. THIRD PARTY REFERENCES / HYPERLINKS
This web site may link you to other sites on the Internet. These third party sites may contain information or material that some people may find inappropriate or offensive. These third party sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
8. CONTACTING US
If you need to contact us for support, you can email us at
[email protected] , call us at 1-800-827-5142, or send us a letter at:
StackPloy
300 Lenora Street #634
Seattle, WA 98121
If you need to contact us for something involving a legal issue, such as a DMCA copyright infringement takedown notice, please click here for our
Copyright Infringement Policy / Legal Notices
9. DISCLAIMER OF WARRANTIES
THE SERVICE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ANY DEFECTS OR ERRORS WILL BE CORRECTED; ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY REGARDING THE SERVICE (A) FOR ANY DATA LOSS, LOSS OF PROFITS, OR COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, (B) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES, (C) FOR ANY VIRUSES, TROJAN HORSES, BUGS, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (D) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO COMPANY FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF COMPANY HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. YOU ACKNOWLEDGE THAT THE FEES PAID BY YOU REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT COMPANY WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST COMPANY ARISING OUT OF YOUR PURCHASE OR USE OF THE SERVICE, OR ANY CONDUCT OF COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
11. INDEMNIFICATION
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies and providers harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from or relate to your (or any third party using your account or identity in the Service) access to or misuse of the Services or Content, that violate these Terms and Conditions, that violate any law, or that infringe the intellectual property rights of another company or person. COMPANY reserves the right to have exclusive defense and control of any matter that is otherwise required to be indemnified by you, in which event you agree to assist and cooperate with COMPANY in asserting any available defenses.
12. ENTIRE AGREEMENT / SEVERABILITY AND INTEGRATION
This Agreement, including all related agreements and policies incorporated by reference herein, constitutes the entire agreement between the parties related to the subject matter hereof and supersedes any prior or contemporaneous agreement between the parties relating to the Service.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
13. JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Washington. You hereby consent to binding arbitration in the State of Washington to resolve any disputes arising under this Terms and Conditions.
This Acceptable Use Policy governs your use of the StackPloy web hosting service and associated software / applications (hereinafter “Service”). By accessing or using the Service, you are acknowledging and accepting this Acceptable Use Policy. This Acceptable Use Policy is subject to change by StackPloy (hereinafter “COMPANY” and “We”) at any time and at our discretion without notice.
Your use of the Service after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the Acceptable Use Policy each time you use this web site and/or the Service.
Any violation of this Acceptable Use Policy may result in immediate termination of your account by COMPANY.
1. VIOLATIONS OF LAW
Users of the Service are strictly prohibited from the activities described below that are a violation of one or more laws.
A. CAN-SPAM Act Violations
You are strictly prohibited from performing any act that is made illegal by the CAN-SPAM Act. You are also prohibited from sending bulk email that utilizes resources on the Service unless you maintain a double-authorized list of subscribers including IP addresses and relevant contact information, along with following CAN-SPAM act guidelines for including removal links with all emails that are sent.
Furthermore, you are strictly prohibited from taking any action that would cause your IP address, or any address associated with COMPANY or COMPANY’s server(s) or other customers of COMPANY, from being black-listed by Spamhaus.org.
COMPANY may report spam, along with all spammer’s identifying information, to the Federal Trade Commission and other agencies for civil and criminal prosecution. COMPANY may require changes or disable any website, account, database, or other component that does not comply with our policies, or make modifications in an emergency that we deem necessary at our sole discretion. COMPANY may also charge the holder of the account that was used to send any type of unsolicited e-mail a cleanup fee or any charges allowed for blacklist removal at COMPANY’s sole discretion. For the purpose of this Acceptable Use Policy, SPAM is defined as emailing ANYONE unsolicited email, emailing in bulk, and the purchasing and selling of email lists. COMPANY reserves the right to terminate the account of any User who sends out spam or violates this SPAM policy with or without notice.
COMPANY reserves the sole discretion in determining whether an email violation has occurred. Any violation you make of this policy may result in the immediate termination of your hosting account.
B. Intellectual Property Violations
You are strictly prohibited from violating the intellectual property rights of others in your use of the Service.
If you believe that your intellectual property rights are being infringed upon, please email
[email protected]
. For copyright infringement claims, COMPANY follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures. A list of the required information to submit a copyright infringement claim can be found in the Privacy Policy.
C. Export Violations
You are responsible for complying with all applicable export and import control laws and regulations in your use of the Service. You shall not use the Service to export or re-export software or data without having all of the required licenses from the United States and foreign government agencies. You agree and understand that you are legally responsible for any and all access and use of the Service from outside the United States, including understanding that such use may be considered the export of technology and data that may trigger such export regulations. If any such export regulation is required, you are solely responsible for obtaining the license at your own expense. You agree to indemnify and hold COMPANY harmless from any and all claims and damages that may arise related thereto.
D. Violations of Other Laws
You are strictly prohibited from violating any other state, federal, or international laws related to your usage of the Service. You agree to comply with all applicable state, federal and other laws relating to your usage of the Service and with any information you upload or transmit through the Service, or that is uploaded or transmitted through your account using the Service.
2. INAPPROPRIATE MATERIALS
You are strictly prohibited from using the Service for or uploading to our servers the following types of scripts, content, or information:
- Content that violates any state, federal, or other applicable laws
- Content that promotes illegal activities or products, such as illegal substances, contraband, weapons, or child pornography
- Content that infringes upon the intellectual property rights of COMPANY or any third party.
- Scripts or content that creates a botnet or serves as the source of any malicious attack
- Scripts or content that scrapes data from others unlawfully
- Content related to lotteries or gambling
- Content that offers investment opportunities (such as FOREX, E-Gold Exchange, Ponzi Scheme, etc.)
- Content related to PayDay Loan Sites
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Scripts or content that provide commercial banner-ad rotation services to others
- Content that links to or distributes illegal/pirated content
- Scripts or content that serve as IRCD (irc servers)
- Scripts or content that support anonymous or Bulk SMS Gateways
- Scripts or content that provide IP Scanners
- Scripts or content that provide commercial audio streaming to more than one stream
- Scripts or content that send SPAM email messages
- Scripts or content that are related to hacking
- Scripts or content related to the sale of any controlled substance without prior proof of appropriate permit(s)
- Scripts or content that authorize file dumping or mirroring (such as rapidshare)
- Any other types of scripts or content not otherwise listed specifically above that is commonly known for being resource intensive or damaging to web hosts
3. INAPPROPRIATE USAGE
You agree that the following actions are strictly prohibited and will result in immediate termination:
- Any action that places an unreasonable burden on the server hosting the Service
- Any action that interferes with the running of this Service
- Any attempt to gain unauthorized access to any portion of the Service
- Impersonating another individual or company in your usage or content submitted through the Service
- Running any bit torrent application or tracker
- Running or participating in any peer-to-peer/file-sharing activities
- Any other action not otherwise listed specifically above that is commonly known for being intentionally disruptive or damaging to web hosts
StackPloy (hereinafter “COMPANY”) respects the rights of others and is committed to handling complaints of copyright infringement in compliance with the applicable international, federal, and state laws, including the Digital Millennium Copyright Act (DMCA).
If you believe your copyright interests are being infringed by content hosted on a server that is on COMPANY’s network, please follow the below instructions to send us a written DMCA takedown notice. The notice should be mailed or emailed to:
By mail:
StackPloy
600 Lenora Street #634
Seattle, WA 98121
By email:
In order for us to take action from your request, your DMCA takedown notice MUST include all of the following details which are required by Section 512(c) the Digital Millennium Copyright Act:
1. An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A description of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
3. A description of where the material you claim is infringing is located on the site, and any other information reasonably sufficient to permit Company to locate the material;
4. Your address, telephone number, and e-mail address where we can contact you regarding the issue;
5. A statement that you have a good faith belief that use of the material on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law;
AND
6. A statement made by you that, under penalty of perjury, the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company may respond to any take down notices you submit by removing or disabling access to the content that is claimed to be infringing. We may also choose to terminate the hosting account of the account holder who was responsible, such as if repeated complaints are submitted against a particular account holder, or if we deem a particular violation to be worthy of account termination for a violation of our terms. In such instances where we remove or disable access based upon a take down notice that we receive, we will attempt in good faith to contact the account holder of the server or web site that is impacted so that the account holder is given the opportunity to submit a counter notification.
Please note that any take down notices that we receive may be made available to the public and/or may be sent to third parties who make it available to the public.
Please also note that under the DMCA regulations, the safe harbor provision in Section 512(g)(2) requires that service providers (in this case COMPANY) notify the particular web site owner or account holder that certain content has been removed, and to give them an opportunity to send a written notice to us to challenge the removal by indicating that it was removed without proper cause.
If a proper counter-notice is received claiming that the content does not infringe the copyright interests, then the service provider (in this case COMPANY) must promptly notify the party who submitted the original DMCA take down notice of the objection. If the copyright owner then does not file a lawsuit within 14 days, the service provider (in this case COMPANY) is required to restore the content on the network.
Please note that if you materially misrepresent that your copyright interests are being infringed and they are not really infringed, you could be liable for damages (including costs and attorney fees) caused by the misrepresentation.
For more rules and regulations regarding the DMCA and copyright infringement and remedies, please see
http://copyright.gov/title17/92chap5.html
