1. ACCEPTANCE OF TERMS
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.
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.
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: email@example.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
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.
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.
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.
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.
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.
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.
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
The User forever waives the venue of litigation arising from this Agreement. Venue shall lie in Miami- Dade County, Florida.
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.
34. 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.
35. 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.
36. 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.
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.