SERVICE AGREEMENT/TERMS OF USE
1. ACCEPTANCE OF TERMS
The services that Virtual Stacks, LLC., a Florida limited liability company (“Virtual Stacks”) provides to you
“User” is subject to and governed exclusively by the following Terms of Use (“TOU” or “Agreement”).
Virtual Stacks reserves the right to update the TOU at any time without notice to you “User”. The most
current version of the TOU can be reviewed by clicking on the Terms of Use hypertext link located at the
bottom of our Web pages.
A. This TOU, which incorporates by reference other provisions applicable to services and materials
provided to you by Virtual Stacks including, but not limited to, supplemental terms and conditions
set forth hereof (“Supplemental Terms”) or otherwise by Virtual Stacks governing the use of
certain specific materials and services provided by Virtual Stacks. By using Virtual Stacks (other
than to read this Agreement for the first time), User agrees to comply with all of the terms and
conditions hereof.
B. The right to use User Website is personal to User and is not transferable to any other person or
entity. User is responsible for all use of User’s account (under any screen name or password) and
for ensuring that all use of User’s account complies fully with the provisions of this TOU. User
shall be responsible for protecting the confidentiality of User’s password(s), if any.
C. Virtual Stacks shall have the right at any time to change or discontinue any aspect or feature of its
services, materials or User Website, including, but not limited to, content, hours of availability,
and equipment needed for access or use.
2. CHANGED TERMS
Virtual Stacks shall have the right at any time to change or modify the terms and conditions applicable to
User’s use of Virtual Stacks’ services, materials or User Website, or any part thereof, or to impose new
conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately upon notice thereof, which may be given by means
including, but not limited to, posting on Virtual Stacks’ or User Website, or by electronic or conventional
mail, or by any other means by which User obtains notice thereof. Any use of Virtual Stacks’ services or
materials by User after such notice shall be deemed to constitute acceptance by User of such changes,
modifications or additions. It shall be User’s obligation, to review Virtual Stacks’ website and
communications in every form, to be current on Virtual Stacks applicable terms and conditions.
3. DESCRIPTION OF SERVICES
Through its Web property or User Website (created, or serviced by, Virtual Stacks), Virtual Stacks
provides User with access to a variety of materials and resources, including download areas,
communication forums and product information (collectively “Services”). Your access to the various
Services available from Virtual Stacks depends on the level of access you select. The Services, including
any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to
the TOU.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and
other equipment needed for access to Virtual Stacks and use of User Website and all charges related
thereto.
5. USER CONDUCT
A. User shall use Virtual Stacks’ Services and User Website for lawful purposes only. User shall not
post or transmit through User Website or otherwise any material which violates or infringes in any
way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of
privacy or publicity rights, pornographic, vulgar, obscene, profane or otherwise objectionable,
which engages in or otherwise encourages conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law, or which, without Virtual Stacks ‘s express prior
approval, contains advertising or any solicitation with respect to products or services. Any
conduct by a User that in Virtual Stacks’ sole and absolute discretion restricts or inhibits any other
User from using or enjoying User Website may be warned and if necessary be terminated. User
shall not use User Website to advertise or perform any commercial solicitation, including, but not
limited to, the solicitation of users to become subscribers of other on-line information services
competitive with Virtual Stacks, LLC.
B. User Websites created by Virtual Stacks contain copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, software, photos, video, graphics, music
and sound, and the entire contents of User Website are copyrighted as a collective work under
the copyright laws of the State of Florida and the United States and as applicable the User’s
country of record. Virtual Stacks owns a copyright in the selection, coordination, arrangement and
enhancement of such content, as well as in the content original to it. User may not modify,
publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit,
any of the content, in whole or in part. User may download copyrighted material for User’s
personal use only. Except as otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation of downloaded material will
be permitted without the express permission of Virtual Stacks and the copyright owner. In the
event of any permitted copying, redistribution or publication of copyrighted material, no changes
in or deletion of author attribution, trademark legend or copyright notice shall be made. User
acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on User Website any material protected
by copyright, trademark or other proprietary right without the express permission of the owner of
the copyright, trademark or other proprietary right and the burden of determining that any material
is not protected by copyright rests solely with User. User shall be solely liable for any damage
resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from
such a submission. By submitting material to any public area of User Website, User automatically
grants, or warrants that the owner of such material has expressly granted Virtual Stacks the
royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media or technology now known or hereafter developed
for the full term of any copyright that may exist in such material. User also permits any other User
to access, view, store or reproduce the material for that User’s personal use. User hereby grants
Virtual Stacks the right to edit, copy, publish and distribute any material made available on User
Website by User.
D. The foregoing provisions of Section 5 are for the benefit of Virtual Stacks, its subsidiaries,
affiliates, officers, directors, managers, employees, attorneys, accountants, other support
functionaries and its third party content providers and licensors and each shall have the right to
assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, photo albums, file cabinets and/or other message or
communication facilities designed to enable User to communicate with others (each a “Communication
Service” and collectively “Communication Services”). User agrees to use the Communication Services
only to post, send and receive messages and material that are proper and, when applicable, related to
the particular Communication Service. Virtual Stacks may immediately terminate the User with or without
notice for violation of these restrictions. By way of example, and not as a limitation, User agrees that
when using the Communication Services, User will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain
letters, gambling, lottery, junk email, spamming, illegal activity or any duplicative or unsolicited
messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy
and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other
material protected by intellectual property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights
thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through
the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or
any other similar software or programs that may damage the operation of another’s computer,
software or property of another.
Disseminate in any form any malware, spyware or corrupting software of any kind whatsoever.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such
Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that User know, or reasonably
should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other
proper notices or proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular
Communication Service.
Harvest or otherwise collect any information whatsoever about others, including and not limited to
email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any
directory of users of the Services or other user or usage information or any portion thereof.
Use Virtual Stacks Service(s) in a manner unbecoming to either party.
Virtual Stacks has no obligation whatsoever to monitor the Communication Services. However, Virtual
Stacks reserves the right to review materials posted to the Communication Services and to remove any
materials in its sole and absolute discretion. Virtual Stacks reserves the right to terminate User’s access
to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Virtual Stacks reserves the right at all times to disclose any information as it deems in its sole and
absolute discretion necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
Materials uploaded to the Communication Services may be subject to posted limitations on usage,
reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads
the materials.
Always use caution when giving out any personally identifiable information in any Communication
Services. Virtual Stacks does not control or endorse the content, messages or information found in any
Communication Services and, therefore, Virtual Stacks specifically disclaims any liability with regard to
the Communication Services and any actions resulting from User’s participation in any Communication
Services. Managers and hosts are not authorized Virtual Stacks spokespersons, and their views do not
necessarily reflect those of Virtual Stacks.
7. SPAM
Virtual Stacks consider spamming to be any activity whereby you directly or indirectly transmit email
messages to any email address that has not solicited such email and does not consent to such
transmission. Virtual Stacks considers spamming to constitute posting advertisements in newsgroups in
violation of the terms of participation in such newsgroups that are off topic, or in newsgroups that do not
specifically permit advertisements. Virtual Stacks also consider it spamming when advertisements are
placed on message boards or in chat rooms when they are not permitted by the terms of participation in
such message boards and chat rooms. Virtual Stacks reserves the right, at any time, to revise its
spamming policies.
Virtual Stacks has a strict (zero tolerance) policy against spamming. Virtual Stacks prohibits the sending
of unsolicited mass Emails or unsolicited Emails of any kind in connection with the marketing of our
programs, products and services.
Virtual Stacks reserve the right to terminate your account, participation in our programs and Services with
or without notice “for cause” if Virtual Stacks deem you to be in violation of our anti-spamming policies.
Virtual Stacks also reserve the right to suspend your account and participation pending review upon
receipt of any complaint or other evidence that you may be engaging in any spamming activity.
If Virtual Stacks provides you with IP Addresses you may be further subject to IP Justification.
Justification practices are in the sole and absolute discretion of Virtual Stacks. Virtual Stacks may
consider the policies of American Registry for Internet Numbers (ARIN). Virtual Stacks reserves the right
to deny any dedicated IP request in its sole and absolute discretion.
If you are “spammed” by anyone regarding our products, services, website, or any other matters, please
report this activity to Virtual Stacks at: info@virtualstacks.com.
8. VIRUS NOTICE
A “virus” is a computer program or a code or portion of a computer program, which is intentionally created
and programmed to cause damage to, corrupt, hinder, crash, tie up, or otherwise create negative effects
on the user’s computer system. As you know, viruses do occur and are somewhat prevalent. As such,
you, the user must take affirmative steps to assure that you and your computer system are appropriately
protected against viruses.
This website serves as a conduit for information. Certain documents and programs may be downloaded
through this site. THE OWNERS AND OPERATORS OF THIS SITE ARE NOT RESPONSIBLE FOR
ANY COMPUTER VIRUSES WHICH MAY BE PRESENT IN ANY OF THE ITEMS THAT YOU OBTAIN
FROM OR THROUGH THIS SITE.
USERS ARE COMPLETELY RESPONSIBLE FOR PERFORMING ANTI-VIRUS SCREENING AND
VERIFICATION OF ALL FILES OBTAINED ON OR THROUGH THIS SITE. CURRENTLY UPDATED
ANTI-VIRUS SCREENING SOFTWARE IS HIGHLY RECOMMENDED.
The owners of this site will not intentionally or willfully transmit files that they know to contain viruses.
However, portions of this site serve as a bulletin board repository of files that are uploaded by users. WE
DO NOT TAKE STEPS TO CHECK ANY SUCH FILES FOR VIRUSES. YOU ASSUME COMPLETE
RESPONSIBILITY TO DO SO.
As a user of this site, you agree to immediately notify us of any files that you download that you believe
contain viruses.
As a condition to any license contained for items obtained by or through this site, you will agree to
perform virus screening on all such files prior to using the same.
THERE ARE NO WARRANTIES OF ANY KIND WHATOSVER MADE WITH RESPECT TO FILES
DOWNLOADED FROM OR THROUGH THIS SITE. ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, ARE HEREBY FOREVER DISCLAIMED.
Furthermore, the owners and operators of this site shall not be responsible, in any way whatsoever, either
at law or in equity, for any actual, incidental, consequential or special damages, whether known, foreseen
or foreseeable, or whether they have been informed of the possibility thereof and take no actions or
ineffective to prevent the same.
9. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by
providing Virtual Stacks with current, complete and accurate information as prompted by the applicable
registration or purchase form. In completing the registration or purchase form the User shall identify the
owner of the Services to be provided by Virtual Stacks. User will choose a password and a user name.
User is entirely responsible for maintaining the confidentiality of User’s password and account.
Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User
agrees to notify Virtual Stacks immediately of any unauthorized use of User’s account or any other breach
of security. Virtual Stacks will not be liable for any loss that User may incur as a result of someone else
using User’s password or account, either with or without User’s knowledge. However, User could be held
liable for losses incurred by Virtual Stacks or another party due to someone else using User’s account or
password. User may not use anyone else’s account at any time, without the permission of the account
holder.
10. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS YOUR WEBSITE ADDRESS
Any software that is made available to download from the Services (“Software”) is the copyrighted work of
Virtual Stacks and/or its suppliers. Use of the Software is governed by this TOU and the terms of the end
user license agreement, if any, which accompanies or is included with the Software (“License
Agreement”). An end user will be unable to install any Software that is accompanied by or includes a
License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License
Agreement. Any reproduction or redistribution of the Software not in accordance with the License
Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, VIRTUAL STACKS
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
FOR YOUR CONVENIENCE, VIRTUAL STACKS MAY MAKE AVAILABLE AS PART OF THE
SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR
DOWNLOAD. VIRTUAL STACKS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE
ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH
TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS
WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
11. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS YOUR WEBSITE ADDRESS
Permission to use “Documents” (such as white papers, press releases, datasheets and FAQs) from the
Services is granted, provided that (1) the below copyright notice appears in all copies and that both the
copyright notice and this permission notice appear, (2) use of such Documents from the Services is for
informational and non-commercial or personal use only and may not be copied or posted on any network
computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited
educational institutions, such as universities, private/public colleges, and state community colleges, may
download and reproduce the Documents for distribution in the classroom. Distribution outside the
classroom requires express written permission. Use for any other purpose is expressly prohibited
pursuant to this TOU and by law, and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
VIRTUAL STACKS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH
DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY
KIND WHATSOVER. VIRTUAL STACKS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO
EVENT SHALL VIRTUAL STACKS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. VIRTUAL STACKS AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
12. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL VIRTUAL STACKS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF SERVICES, COMMUNICATION SERVICES, SOFTWARE,
DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION
AVAILABLE FROM THE SERVICES.
13. TRANSFERS OF DATA
If provided pursuant to the Services contracted for with Virtual Stacks our transfer team will make every
effort to help you move your site to us. However, Virtual Stacks does not guaranty that a transfer is
possible. Each hosting company is configured differently, and some hosting platforms save data in an
incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some
or all account data. We will use our best efforts, but in some cases we may be unable to assist you in a
transfer of data from an old host.
14. BACKUPS AND DATA LOSS
Your use of Virtual Stacks Services is at your sole risk. Our backup service runs once a week and it
overwrites any of our previous backups made. Virtual Stacks also runs a duplicate (mirror) backup. At
most only one week of backups are kept. This service is provided to you as a courtesy. Virtual Stacks is
not responsible for files and/or data residing on your account. You agree to take full responsibility for files
and data transferred and to maintain all appropriate backup of files and data stored on Virtual Stacks
servers. The curtsey backup is limited in space to your contracted Service an overage may terminate
availability.
15. MATERIALS PROVIDED TO VIRTUAL STACKS OR POSTED ON ANY OF USER’S WEBSITE
ADDRESES
Virtual Stacks does not claim ownership of the materials User provides to Virtual Stacks (including
feedback and suggestions) or post, upload, input or submit to any Services or its associated services for
review by the general public, or by the members of any public or private community, (each a “Submission”
and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting in any
form (“Posting”) User’s Submission User is granting Virtual Stacks, LLC, its affiliated companies and
necessary sublicenses permission to use User’s Submission in connection with the operation of their
Internet businesses (including, without limitation, all Virtual Stacks Services), including, without limitation,
the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the
right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. Virtual
Stacks is under no obligation to post or use any Submission User may provide and Virtual Stacks may
remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and
represents to own or otherwise control all of the rights to User’s Submission as described in these Terms
of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or
submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain
images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrant
and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such
Images has granted User permission to use such Images or any content and/or images contained in such
Images consistent with the manner and purpose of User’s use and as otherwise permitted by these
Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses
described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided
consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and
not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images,
User is granting (a) to all members of User’s private community (for each such Images available to
members of such private community), and/or (b) to the general public (for each such Images available
anywhere on the Services, other than a private community), permission to use User’s Images in
connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of
example, and not as a limitation, making prints and gift items which include such Images), and including,
without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s
name attached to such Images, and the right to sublicense such rights to any supplier of the Services.
The licenses granted in the preceding sentences for Images will terminate at the time User completely
remove such Images from the Services, provided that, such termination shall not affect any licenses
granted in connection with such Images prior to the time User completely remove such Images. No
compensation will be paid with respect to the use of User’s Images.
16. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF USER WEBSITE IS AT USER’S SOLE RISK.
NEITHER VIRTUAL STACKS, ITS AFFILIATES OR SUBSIDIARIES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT USER WEBSITE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF USER WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR
CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
USER WEBSITE.
B. USER WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND
WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE
LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY WHATSOEVER
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER
SPECIFICALLY ACKNOWLEDGES THAT VIRTUAL STACKS IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRDPARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH USER.
D. IN NO EVENT WILL VIRTUAL STACKS, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING USER WEBSITE OR THE VIRTUAL STACKS
SOFTWARE, BE LIABLE FOR ANY DAMAGES WHATOSEVER, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE USER WEBSITE. USER
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO
ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, VIRTUAL STACKS, OR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
WHATSOEVER REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN USER WEBSITE, OR FOR
ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR
ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF
THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR
LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE
OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT
WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR
OTHER INFORMATION. VIRTUAL STACKS, ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS
BASED ON THE INFORMATION PROVIDED. NEITHER, VIRTUAL STACKS NOR ITS
AFFILIATES OR SUBSIDIARIES, INFORMATION PROVIDERS OR CONTENT PARTNERS
WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES
WHATSOVER AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. Virtual Stack’s entire liability under this Agreement for any damages from
any cause whatsoever, regardless of form of action, whether in contract,
negligence or otherwise, shall in no event exceed an amount equal to the
price paid for the Services out of which the claim arose.
H. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR
DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE
CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES,
ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE
OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR
TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES
OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET
SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT
SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS
OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED
FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM
PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
17. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE VIRTUAL STACKS’ SITE. THE LINKED SITES ARE
NOT UNDER THE CONTROL OF VIRTUAL STACKS AND VIRTUAL STACKS IS NOT RESPONSIBLE
FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. VIRTUAL STACKS IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
VIRTUAL STACKS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY VIRTUAL STACKS OF THE SITE.
Virtual Stacks is a distributor (and not a publisher) of content supplied by third parties and Users.
Accordingly, Virtual Stacks has no more editorial control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including information providers, Users or any other
user of User Website, are those of the respective author(s) or distributor(s) and not of Virtual Stacks, LLC.
Neither Virtual Stacks nor any third-party provider of information guarantees the accuracy, completeness,
or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through User Website represents the opinions and judgments of
the respective information provider, User, or other user not under contract with Virtual Stacks. Virtual
Stacks neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or
statement made on User Website by anyone other than authorized Virtual Stacks employee
spokespersons while acting in their official capacities. Under no circumstances will Virtual Stacks be liable
for any loss or damage caused by a User’s reliance on information obtained through User Website. It is
the responsibility of User to evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through Virtual Stacks. Please seek the advice of professionals,
as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
18. UNSOLICITED IDEA SUBMISSION POLICY
VIRTUAL STACKS OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW
PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW
PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES,
DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN VIRTUAL STACKS’ PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO VIRTUAL STACKS. SO, PLEASE
DO NOT SEND YOUR UNSOLICITED IDEAS TO VIRTUAL STACKS OR ANYONE AT VIRTUAL
STACKS. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS,
YOU STILL SEND THEM, PLEASE UNDERSTAND THAT VIRTUAL STACKS MAKES NO
ASSURANCES WHATSOEVER THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS
CONFIDENTIAL OR PROPRIETARY.
19. NON-COMPETITION
The User covenants and agrees that it will not directly or indirectly for the term of this Agreement and
for a period of two years following the termination of this Agreement:
(i) engage in, continue in or carry on any business which competes with Virtual Stacks, its
affiliates or subsidiaries in Virtual Stack’s business (hereunder described) or which is
substantially similar thereto.
(ii) offer employment to a person who is or was employed by Virtual Stacks, its affiliates or
subsidiaries during the then immediately preceding twenty-four (24) months, or assist any
other person or entity in offering employment to a person who is or was employed by Virtual
Stacks, during the then immediately preceding twenty-four (24) months, without the prior
written consent of Virtual Stacks;
(iii) undertake any business with or solicit the business of any person, firm or company who shall
have been a customer of Virtual Stacks, its affiliates or subsidiaries and with whom any
executive of Virtual Stacks or their subordinates has dealt with during the then immediately
preceding twenty-four (24) months which might adversely affect Virtual Stacks’ business
relationship with such customer, but only if such solicited business relates to Virtual Stacks’
business;
(iv) engage in any practice, design, architecture, shield, artifice, trick or scheme whatsoever the
purpose of which is to evade the spirit of the provisions of this covenant not to compete.
20. MONITORING
Virtual Stacks shall have the right, but is in no way under any obligation whatsoever, to monitor the
content of User Website, including and not exclusive to chat rooms, forums or any other form or type of
communications originating to a from a User, to determine compliance with this Agreement or any
operating rules established herein or in the future by Virtual Stacks or to satisfy any law, regulation or
authorized government request. Virtual Stacks shall have the right in its sole and absolute discretion to
edit, refuse to post or remove any material submitted to or posted on User Website and to terminate the
Services provided to the User with or without notice. Without limiting the foregoing, Virtual Stacks shall
have the right to remove any material that Virtual Stacks, LLC, in its sole discretion, finds to be in violation
of the provisions hereof, the spirit of the provisions hereof or otherwise objectionable.
21. INDEPENDENT CONTRACTOR RELATIONSHIP
It is acknowledged and agreed that Virtual Stacks’ relationship with the User is at all times hereunder as
an independent contractor. The User shall have no authority over Virtual Stacks’ internal business affairs
and decisions. Virtual Stacks shall have no authority to act on behalf of, or legally bind the User, and
Virtual Stacks shall not hold itself out as having any such authority. This Agreement shall not be
construed as creating a partnership or joint venture.
22. UNCONDITIONAL INDEMNIFICATION
USER AGREES UNCONDITIONALLY TO DEFEND, INDEMNIFY AND HOLD HARMLESS VIRTUAL
STACKS, ITS AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, ATTORNEYS AND AGENTS FROM AND AGAINST ALL CLAIMS AND EXPENSES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
VIRTUAL STACKS.
23. EXPORT CONTROL
User acknowledges that Virtual Stacks services, products and underlying technology shall not be
downloaded or otherwise exported or re-exported into any country or to a national or resident of any
country to which the United States has currently embargoed goods or to anyone on the U.S. Treasury
Department’s list of Specially Designated Nationals, the U.S. Commerce Department’s Table of Deny
Orders or any other U.S. agency or contrary to any applicable law or regulation of the United States.
24. PAYMENT
The User agrees to pay for Virtual Stacks services pursuant to the pricing of the services selected by the
User. The payment method chosen by the User shall be kept on file by Virtual Stacks and shall be used
by Virtual Stacks for recurring fees, additional fees or renewal fees. Virtual Stacks may, but is not
obligated to, send User invoice(s) in advance. The User is responsible for renewals of Services and
Virtual Stacks is under no obligation to renew User’s Services. The only payment methods acceptable to
Virtual Stacks are with credit cards, debit cards and Paypal.
25. COUPONS
Discounts and coupon codes are available only to new (first-time) customers or accounts and may not be
used towards the purchase of a domain registration unless otherwise specified. If you have previously
enrolled using a particular domain, you may not re-sign up for (or re-new) that domain using another
coupon at a later date. Any account found in violation of these policies will be reviewed by our sales
department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated
and may result in the suspension or termination of the account. Coupons or discounts are only valid
towards the initial purchase, and do not affect the renewal or recurring price.
26. BANDWIDTH USAGE
User is allocated a monthly bandwidth allowance. This allowance varies depending on the Services
contracted for. Should User’s account pass the allocated amount Virtual Stacks reserves the right to
suspend the account until the start of the next allocation, suspend the account until more bandwidth is
purchased at an additional fee, suspend the account until you upgrade to a higher level of Service,
terminate the account and/or charge you an additional fee for the overages. Unused transfer in one
month cannot be carried over to the next month.
27. TERMINATION
Either Virtual Stacks or User may terminate this Agreement at any time. Without limiting the foregoing,
Virtual Stacks shall have the right to immediately terminate User’s Services with or without notice in the
event of any conduct by User which Virtual Stacks, in its sole and absolute discretion, considers to be
unacceptable, or in the event of any breach by User of this Agreement.
In the event Virtual Stacks terminates Services for failure of User to pay fees the User may be given five
(5) days grace to remit delinquent fees. Virtual Stacks may pursue collection of any delinquent fees and
the User shall be responsible for all costs whatsoever related to this collection.
In the event of termination for reasons other than non-payment Virtual Stacks will not refund any fees
paid to Virtual Stacks.
Upon termination of Services Virtual Stacks may maintain a curtsey backup of User’s data for thirty (30)
days after which time it shall be destroyed. In the event that the User wishes to retrieve this backup, the
User shall be required to bring its account current and pay Virtual Stacks for the transfer of the backup to
User. Any backup is further subject to the applicable terms of backup stated herein or as may be revised.
Virtual Stacks shall not furnish backups of illegal material.
This Agreement shall survive termination of Services.
28. Refunds
There are no refunds if Service is terminated for breach of the Terms of Use.
Further to be determined.
29. NOTICE
All notices, requests, demands or communications required or permitted hereunder shall be in writing,
delivered personally or by fax, telegram, or certified, registered, or express mail at the respective
addresses set forth in the party’s addresses of record (as set forth in the initial sign up for services
chosen) “Party’s Addresses for Notice”, or at such other addresses as shall be given in writing by either
Party to the other. All notices, requests, demands or communications shall be deemed effective upon
personal delivery or on the calendar day following the date of the telex, telegram, or when received if sent
by registered certified or express mail. The User may not use an e-mail address with a domain that is
provided by Virtual Stacks. The User must use an e-mail address provided by an independent service
vendor.
30. WAIVER OF JURY TRIAL.
The User forever waives User’s right to a jury trial in any litigation of any kind whatsoever with Virtual
Stacks.
31. VENUE.
The User forever waives the venue of litigation arising from this Agreement. Venue shall lie in Miami-
Dade County, Florida.
32. SEVERABILITY.
If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be
invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to
other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the
maximum extent permitted by law.
33. COPYRIGHT AND TRADEMARK NOTICE
Virtual Stacks’ logo(s) are trademarks of Virtual Stacks. All rights reserved. All other trademarks
appearing on Virtual Stacks are the property of their respective owners.
26. SUBPOENA POLICY
Upon the receipt of a civil subpoena for User’s records, shall notify User and it shall be User’s sole
responsibility to object or move to quash the subpoena. In the absence of User succeeding in its attempt
to quash the subpoena in a timely manner Virtual Stacks shall comply with the subpoena. Virtual Stacks
shall charge the requesting party a reasonable fee to respond, which may include the costs for research,
copies and delivery. Notwithstanding the preceding language Virtual Stacks may disclose any User
information to law enforcement agencies without further consent or notification to the User upon lawful
request from such agencies. We will cooperate fully with law enforcement agencies.
34. COPYRIGHT AND TRADEMARK OF OTHERS
The names of actual companies and products mentioned herein may be the trademarks of their
respective owners. The example companies, organizations, products, domain names, email addresses,
logos, people and events depicted herein are fictitious. No association with any real company,
organization, product, domain name, email address, logo, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are reserved.
35. HIPPA DISCLAIMER
The Services of Virtual Stacks, unless otherwise specifically stated, are not compliant with the
Health Insurance Portability and Accountability Act (“HIPPA”). It is the User’s sole responsibility
to insure User’s HIPPA compliance.
36. MISCELLANEOUS
This Agreement and any Supplemental Terms or operating rules for User Website established by Virtual
Stacks constitute the entire agreement of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the parties with respect to such subject
matter. This Agreement shall be construed in accordance with the laws of the State of Florida, U.S.A.
without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal import. The terms and conditions of
this Agreement shall survive the termination of services provided by Virtual Stacks.