Agreement
By clicking through these terms, or signing the Order to which they are attached, you are entering into an agreement with Stack Host, LLC to provide services to you. That agreement between us is comprised of these Terms of Service, the Order to which they are attached or by which they are referenced, the SLA, AUP, DPA, and Privacy Policy which are referenced herein, and any other terms, exhibits, schedules, or addenda which are referenced by any of the preceding (collectively the “Agreement”). The Agreement sets forth the exclusive terms and conditions between the Parties and supersedes all previous proposals, agreements, negotiations, and other written or oral communications between the Parties with respect to the Services provided hereunder.
These terms and conditions outline the rules and regulations for the use of Stack Host, LLC’s Website and WordPress hosting services by visitors and Stack Host, LLC clients.
Stack Host, LLC is located at:
214 Main St. #154 El Segundo 90245 – CA, United States
Please read this Terms of Service Agreement carefully, as it contains important information regarding your legal rights and remedies.
Fees; Invoicing
You agree to pay the Fees beginning on the Effective Date and according to the payment terms set out in the Order. If no payment terms are specified, Fees shall be due in full in advance, except for usage or overage fees which are invoiced monthly in arrears. If the Order sets any limit on your use of Services (such as number of visitors) and that limit is exceeded, you will be responsible for the applicable overages. You agree to pay any applicable taxes (excluding taxes on our income) which we are required to collect unless you provide us with a valid tax exemption certificate. If you elect to make any payment via wire or credit transfer, then you are responsible for any applicable transfer fees. Any applicable overages, taxes, or transfer fees will be added to the Fees. Fees applicable to any Renewal Term will be at our then-current rates, provided that we have notified you of any applicable increase prior to the date by which you may opt-out of the renewal. Fees are payable in the currency specified in the Order and are not refundable except as expressly stated herein.
You agree to the issue and acceptance of invoices in electronic format. We will invoice you immediately upon execution of the Order and on each renewal date thereafter. Invoices will be sent to the billing contact you designate in the Order or the User Portal. If you elect to pay via credit or debit card, we will charge the provided credit or debit card immediately upon account activation and on each renewal date thereafter, up to one week prior to the due date. If you elect to pay by any other method, payments are due 30 days from your receipt of the applicable invoice.
It is your responsibility to maintain accurate and up-to-date billing details and ensure the Fees are paid by the due date. If you fail to maintain accurate and up-to-date billing details, your account may be suspended until such details are provided. If you are overdue on any Fees, we may: (i) charge a late fee on the unpaid balance at the lesser of 2.5% per month or the maximum lawful rate permitted by applicable law, (ii) suspend provision of the Services, and (iii) terminate the Agreement in accordance with Section 5(b) below. You will be responsible for any charges associated with our collection efforts related to unpaid Fees.
12-Month website design agreements including GURU plans and webmaster service plans.
GURU service plans the customer agrees to pay the full 12-month term for website design services. Stack Host may complete the design and launch a Guru plan website within the first months or weeks of the agreement but you the customer are still responsible for paying the full 12-month term.
Upon completion of the 12th payment, the customer has the right to transfer their website to any website host of their choice or continue hosting on a Stack Host monthly hosting plan.
WordPress plugin licensees cannot be transferred to other hosting services. Premium and paid plugin files can be transferred but the licensee key cannot be transferred.
Term; Termination
In order to prevent any unintended Service interruptions, this Agreement will automatically renew, but you may still terminate the Agreement at any time. The Agreement will renew for successive Renewal Terms each equal to the immediately preceding term unless a Party provides notification of its intent not to renew no later than 30 days prior to the expiration of the then-current term.
You may terminate your account and this Agreement at any time via the User Portal: (i) if we materially breach the Agreement and fail to cure such breach within 10 days of your notice to us; (ii) for convenience, if you provide us with at least 30 days notice; or (iii) for any other cause stated herein.
We may terminate the Agreement prior to the end of the Term: (i) if you materially breach the Agreement and fail to cure such breach within 10 days of our notice to you; (ii) if we reasonably believe that your use of the Services endangers or negatively affects our network or systems, violates the law, or interferes with our ability to provide services to our other customers; (iii) if you abuse, harass, or threaten any of our employees; (iv) for convenience if we provide you with at least 30 days notice; or (v) for any other cause stated herein. If we terminate for convenience, we will provide you with a prorated refund of any unused Fees paid annually in advance for Services beyond the date of termination and adjusted for any amounts which you may owe.
Once your account has been terminated, and at the end of your billing cycle you will no longer be able to receive support or access the User Portal, and we will not be able to assist you with any site migration tasks. It is your responsibility to maintain offline backups of your site at all times.
General Terms
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Stack Host, LLC’s website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. Cookies We employ the use of cookies. By using Stack Host, LLC’s website you consent to the use of cookies in accordance with Stack Host, LLC’s privacy policy. Most of the modern-day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our
affiliate/advertising partners may also use cookies.
Client shall post all materials comprising the Website, including, but not limited to, any images, photographs, illustrations, graphics, audio clips, video clips or text (the “Client Content”), which shall be in a correct format (as specified by Stack Host in consultation with Client). The client acknowledges that Website construction and management is the Client’s responsibility, but Stack Host support is always here to assist in any way possible as outlined in each hosting plan. Stack Host shall not be responsible for Website management or files lost or damaged by the Client. Stack Host maintains system backups that are intended to recover from system failure and which may be used for the restoration of files to individual sites.
License
Unless otherwise stated, Stack Host, LLC and/or it’s licensors own the intellectual property rights for all material on Stack Host, LLC. All intellectual property rights are reserved. You may view and/or print pages from https://getstackhost.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Republish material from https://getstackhost.com
Sell, rent or sub-license material from https://getstackhost.com
Reproduce, duplicate or copy material from https://getstackhost.com
Redistribute content from Stack Host, LLC (unless content is specifically made for redistribution).
The following organizations may link to our Web site without prior written approval:
Government agencies; Search engines; News organizations; Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
We may consider and approve in our sole discretion other link requests from the following types of organizations: commonly-known consumer and/or business information sources such as trade publications, Chambers of Commerce, American Automobile Association, AARP and Consumers Union; dot.com community sites; associations or other groups representing charities, including charity giving sites, online directory distributors; internet portals; accounting, law and consulting firms whose primary clients are businesses; and educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to support@getstackhost.com.
Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Stack Host, LLC’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Hyperlinking to our Content
Iframes
Without prior approval and express written permission, you may not create frames around our Web pages or
use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular
link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also
reserve the right to amend these terms and conditions and its linking policy at any time. By continuing
to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact
us about this. We will consider requests to remove links but will have no obligation to do so or to respond
directly to you.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness
or accuracy; nor do we commit to ensuring that the website remains available or that the material on the
website is kept up to date.
Content Liability
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify
and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any
page on your Web site or within any context containing content or materials that may be interpreted as
libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or
other violation of, any third party rights.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)
are subject to the preceding paragraph, and (b) govern all liabilities arising under the disclaimer or
in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge,
we will not be liable for any loss or damage of any nature.
Stack Host respects the intellectual property of others and requests that the hosting Client does too. Stack Host shall respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using Stack Host’s DMCA process. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.
Payment.
Website Services shall be paid in United States Dollars (“USD”) by valid payment method (acceptable to Stack Host) at the time of purchase at the fee set forth on Stack Host’s website. Client’s monthly or annual payments for the Website Services, depending on the plan selected by Client, shall be automatically charged to the payment method provided by Client at the time of purchase (with such payments being charged in advance on a monthly or annual basis, as applicable) each month or annually, as applicable (” Website Services Fee”), and you hereby agree that Stack Host is authorized to so charging the payment method on file. Stack Host may, at its sole discretion, suspend or terminate Website Services without notice if the Client fails to provide payment for the new term.
Chargeback.
If Client initiates a chargeback with the provider of a credit card or initiates a similar action to a payment provider allowed by Stack Host for charges billed by Stack Host for Website Services, Website Services will be immediately suspended without notice. Reestablishment of service following a chargeback or similar action will require a sufficient explanation for the action and payment of the disputed charge and/or Stack Host’s bank dispute fee.
Increase in Fees.
Stack Host expressly reserves the right to change the fees charged hereunder for the Website Services with advanced notice to the Client. If Client does not agree to any such pricing change, it may cancel the Website Services within thirty (30) days from the date of your notice; otherwise, all such changes shall be effective with respect to Client’s account and Client agrees that Stack Host is authorized to charge the payment method provided by Client for any new Website Services Fee, on the next monthly or annual (as applicable) payment cycle.
Additional Services Fees.
Unless otherwise agreed in writing, Client shall pay to Stack Host all fees for Additional Services on a time and materials basis as invoiced by Stack Host.
Breach for Failure to Pay.
Failure of Client to fully pay any fees within sixty (60) days after the applicable due date shall be deemed a material breach of this Agreement, justifying the suspension of the performance of the Services by Stack Host, and will be sufficient cause for immediate termination of this Agreement by Stack Host. Any such suspension does not relieve Client from paying past due fees plus interest and in the event of collection enforcement, Client shall be liable for any costs associated with such collection, including, but not limited to, legal costs, attorneys’ fees, court costs and collection agency fees.
Taxes.
Client shall pay or reimburse Stack Host for all sales, use, value-added, transfer, privilege, excise, and all other taxes and all duties, whether international, national, state or local, however, designated, which are levied or imposed by reason of the performance by Stack Host under this Agreement; excluding, however, income taxes on profits which may be levied against Stack Host.
Credit & Contact Information
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