Scope and Eligibility
The use of service (stacklogic.net) provided by Stacklogic LLC (“Stacklogic”) is subject to the following Terms of Service (“ToS”):
By using the stacklogic.net website and cloud (“Site” or “Service”) you are agreeing to be bound by these Terms of Service.
Stacklogic reserves the right to update and change the ToS periodically without notice. In case of material change to these Terms of Service, Stacklogic will notify the Customer via email, emailed newsletter, or by posting an announcement on the Site. Amendments and modifications shall take effect immediately when posted on the Site. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Provision of Service
Stacklogic provides cloud-based managed and unmanaged infrastructure for the Customer. The contract between Stacklogic and the Customer is established at the time of initial registration via the “Sign Up” button on the Site.
In connection with the registration procedure the Customer will create a service account. The contract is comprised of the order form (“Order”) which the Customer has submitted through the Site, resource descriptions attached or referred to in the Order, the Service Level Agreement (“SLA”), the Acceptable Use Policy (“AUP”), Privacy Policy, and these Terms of Service (all together referred herein as the “Contract”). Stacklogic provides the Customer with the Service which is specified in the Order.
Service Account
The Customer will be responsible for activities that occur under the Customer’s service account, including actions taken by the Customer’s employees and other representatives as well as their compliance with user instructions and the AUP.
The Customer must promptly notify Stacklogic if the Customer suspects that an unauthorized third party is using or may have access to the Customer’s service account.
Third Party Software
The Customer must comply with third party software license terms if the use of such software is offered by Stacklogic for the provision of Service, or if such software is obtained and uploaded in the Service by the Customer.
External Back-Up Copies
The Customer is responsible for appropriate back-up of content owned or controlled by the Customer, which is stored in the Service, to a location outside Stacklogic’s network.
Changes to Service
Stacklogic is entitled to develop its services and business offerings. In case of a change in the Service, Stacklogic will notify the Customer in advance. If Stacklogic considers that a change will have a material effect on the Service provided, Stacklogic will notify the Customer at least 30 days before the change takes effect.
Charges
The charges of the Service are specified in the “Create New Resource” Order. Unless otherwise agreed, Stacklogic charges the Customer for each one-month period of the Service according to the price list which is valid at the time. The charges stated for the Service excludes all applicable taxes and currency exchange settlements, unless stated otherwise.
Payment Terms
The Customer must select payment method at the time of submitting an Order. Stacklogic reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing.
Payment for Service is due at the end of the time period for which such payment covers. Service is billed on an automatic and recurring basis unless and until the Customer follows Stacklogic’s termination procedure. Invoices are made available on the Customer’s service account.
Privacy and Personal Data Protection
Stacklogic will comply with applicable privacy and personal data legislation. The Privacy Policy is part of the contract between Stacklogic and the Customer.
Confidentiality
Each party shall keep the other party’s confidential information as strictly confidential, shall not disclose it to any third party, and shall not use it for any unauthorized purposes. These obligations of confidentiality shall survive the termination of the Contract.
Intellectual Property and Copyright
All intellectual property rights to the content uploaded into the Service by or on behalf of the Customer will remain the exclusive property of the Customer or its licensors. All intellectual property rights relating to the provision of the Service, including suggestions for improvements made by the Customer, will remain the exclusive property of Stacklogic.
Limitation of Liability
The Customer acknowledges that the Service provided is of such a nature that Service can be interrupted for many reasons other than the negligence of Stacklogic and that damages resulting from any interruption of Service are difficult to ascertain. Therefore, the Customer agrees that Stacklogic shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Stacklogic.
The Customer further acknowledges that Stacklogic’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the Customer for Service during the period damages occurred. In no event shall Stacklogic be liable for any special or consequential damages, loss or injury. In order to be valid and enforceable, all claims for direct damages must be made within 30 days from the date the damage was or should reasonably have been noticed by the Customer.
Limited Warranty
The Service are provided on “as-is” and “as-available” basis. Except to the extent prohibited by applicable law, Stacklogic disclaims all warranties including, without limitation, any implied warranties of merchantability, fitness for any particular purpose, performance, or non-infringement.
The parties expressly note that the Service is not designed to be error-free or uninterrupted and therefore they are neither intended nor fit for purposes that require fail-safe performance.
Stacklogic does not warrant and shall not be liable for any damage or viruses which may infect Customer’s computer equipment or other property by reason of your access to, browsing, or use of the Site.
Temporary Suspension
If the Customer has breached the provisions of the Contract or Stacklogic has justifiable reasons to believe such a breach exists, Stacklogic may temporarily suspend operation of the Service.
Termination
The Customer may terminate the Contract for any reason by issuing 5 days written notice to Stacklogic. Stacklogic may terminate the Contract for any reason by issuing 30 days written notice to the Customer.
Termination due to violations
Stacklogic reserves the right, in its sole discretion, to terminate Customer’s access to all or any part of the Service at any time, with or without notice, effective immediately as a result of your violation of any of the Contract or any applicable law.
Waiver and Severability
The failure of Stacklogic to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties shall attempt through negotiation in good faith to replace the unenforceable provision with such provisions that correspond as closely as possible to the original intention of the parties.
Entire Agreement and Amendments
The Contract constitutes the entire agreement and supersedes all previous commitments between the parties in respect of the provision of the Service on behalf of Stacklogic. All amendments to the Contract must be made in writing.
Choice of Law and Forum
These Terms of Service and the relationship between the parties shall be exclusively governed by the laws of the United States without regard to conflict of law principles, or international conventions. The exclusive jurisdiction for any dispute resolution is Boston, Massachusetts.