Terms of Service

StackZoid agrees to provide services of web hosting or domain registration to the subscriber of services (“Client”), subject to the following TOS (“Terms of Service”).

StackZoid reserves the right to change this TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this website and this TOS periodically and to be aware of any modifications. You may identify whether StackZoid has revised this TOS by noting the “Effective Date” above. Your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS. If you do not agree to these terms, please contact us to cancel your services.

Contact Information

You agree to provide StackZoid with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, street address, mailing address, telephone number, or any other information that you provide to StackZoid in order to receive or to continue receiving services. Further, you agree to provide StackZoid with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information.

Payments and Fees

Establishment of this service is dependent upon receipt by StackZoid of payment of stated charges. Subsequent payments are due on a recurring date that coincides with the date of sign up. The accepted methods of payment are Stripe, or credit card via Stripe (Visa, MasterCard, American Express, Discover, JCB, Diner’s Club and EnRoute). Stripe payments must be submitted to the email address provided in the account documentation. Clients are responsible for any additional transaction fees that coincide with any payment methods.

StackZoid reserves the right to deny a Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the Client’s services or their entire account with StackZoid.

Suspension

Service will be suspended on accounts that reach 10 days past due. Service interrupted for nonpayment are subject to a $10 late fee. Accounts that are not collectible by StackZoid may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the outside collection agency processing and collection fee of not less than $75 nor more than $200. If you desire to cancel your account, please follow the proper procedure as outlined in this TOS.

If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. StackZoid reserves the right to keep a service deactivated until funds paid have cleared.

Termination

Service will be terminated on an account that is 15 days past the date. Terminated accounts may be restored if a scheduled backup is available, and will incur a $50 restoration fee once outstanding invoices have been paid.

Account Cancellation

StackZoid reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Clients must submit service cancellations by opening a ticket through our client portal at least 7 days but not more than 30 days before the end of the service’s billing cycle. Cancellation requests are not accepted through phone, email, fax, or any other method besides through opening a ticket through our client portal. You must have all account information to cancel an account. Only the authorized account holder may cancel the account.

SPAM and Unsolicited Commercial Email (UCE)

StackZoid takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. Very simply this means that Clients of StackZoid may not use or permit others to use our network to transact in UCE. Clients of StackZoid may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

a. Violation of StackZoid’s email policy, as outlined in the Acceptable Use Policy (“AUP”) will result in severe penalties. Upon notification of an alleged violation of our AUP, StackZoid will initiate an immediate investigation (within 48 hours of notification). During the investigation, StackZoid may restrict Client access to the network to prevent further violations. If a Client is found to be in violation of our AUP, StackZoid may, at its sole discretion, restrict, suspend or terminate Client’s account. Further, StackZoid reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. StackZoid will notify law enforcement officials if the violation is believed to be a criminal offense.

b. 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 StackZoid personnel must spend to investigate the matter.

c. As our Clients are ultimately responsible for the actions of their customers over the StackZoid network, it is advisable that Clients develop a similar, or stricter, policy for their customers.

Refund and Disputes

All payments to StackZoid are nonrefundable. This includes one time setup fees, prepayment fees, and subsequent charges regardless of usage. Clients shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by StackZoid according to the terms herein. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or payment provider (chargeback) that, in StackZoid’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay StackZoid an “Administrative Fee” of not less than $75 and not more than $200.

Courtesy Migration Service

StackZoid performs all account migrations, server transfers and any other service which involves StackZoid copying files of yours from a third party service to your StackZoid service, hereafter known as a “migration” as a courtesy service only. By requesting StackZoid to perform a migration, you agree indemnify and hold harmless StackZoid from any and all liability arising from the migration and/or copying of your accounts. You also agree StackZoid is not responsible for any issues relating to the migration of your accounts, both on your StackZoid service and at any other third party service from which StackZoid may be migrating your accounts from, including but not limited to, missing or corrupted files, improperly migrated accounts, any and all fees you may incur from third party services such as bandwidth fees or charges from delays in migrating an account, settings or files from third party providers which may not migrated, any downtime or outages, DNS problems, accounts set up on incorrect IP addresses, any issues at third party services which delay or prevent StackZoid from performing the service, or any other issues. StackZoid makes no guarantees regarding the availability of our migration service or the amount of time it takes to perform migrations.

Account Nightly Backups

StackZoid performs nightly backups on all accounts, and stores a total of 7 backups per account. StackZoid’s backups are intended for disaster recovery purposes only. StackZoid reserves the right to charge fees for restores which are requested that are not for disaster recovery purposes.

Harassment and Abuse

StackZoid does not tolerate abuse of any kind towards its employees. This includes all verbal harassment, yelling, swearing, rudeness, threats, and any intentionally disruptive behavior directed at StackZoid or any of its staff or agents. Client agrees to engage our StackZoid in a professional manner whether in email, helpdesk tickets, live chat, or forums. Any abuse will be construed as a violation of this Terms of Service agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause.

Damages

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of StackZoid and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the StackZoid shall not be liable for any damages arising from such causes beyond the direct and exclusive control of StackZoid. Client further acknowledges that StackZoid’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall StackZoid be liable for any special or consequential damages, loss or injury.

StackZoid is not responsible for any damages your business may suffer. StackZoid does not make implied or written warranties for any of our services. StackZoid 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 StackZoid.

Non-Waiver

Client agrees that StackZoid’s failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by StackZoid of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice StackZoid from exercising thereafter the same or other rights, remedies, or options.

Force Majeure

You agree that StackZoid is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.

Assignment

Neither this TOS nor any of the rights, interests or obligations hereunder may be assigned by the Client (whether by operation of law or otherwise) without the prior written consent of StackZoid. StackZoid may assign this TOS without the consent of Client. Subject to the foregoing, this TOS shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.

Misc

We reserve the right to refuse service to anyone at any time for any reason.

StackZoid is not responsible for data integrity on equipment reclaimed for non-payment.

Anything not explicitly stated in this TOS is subject to interpretation at StackZoid’s sole and absolute discretion.

You, as StackZoid’s client, are solely responsible for the content stored on and served by your StackZoid service.

Contact

If you have any questions about our Terms of Service, please Contact Us.

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