Acceptable Use Policy

ServerStack Acceptable Use Policy (“AUP”) is provided to give our customers and users a clear understanding of what ServerStack expects of them while using the service. All users of ServerStack services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of IServerStack Service constitutes acceptance and agreement to ServerStack AUP as well as ServerStack TOS (Terms of Service)

IMPORTANT NOTICE: *All Payments To Serverstack Are Non-Refundable*

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. ServerStack may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your ServerStack account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understanding of ServerStack Acceptable Use Policy. The following are guidelines for the establishment and enforcement of ServerStack AUP:

  • Ensure reliable service to our customers
  • Ensure security and privacy of our systems and network, as well as the networks and systems of others
  • Comply with existing laws
  • Maintain our reputation as a responsible service provider
  • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information
  • Preserve the privacy and security of individual users

ServerStack intends to provide its customers access to everything the Internet has to offer. While ServerStack is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both ServerStack and the Internet and cannot be permitted under the guise of free speech. The resources of ServerStack and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your server or virtual site to publish material, which ServerStack determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If you have any questions regarding this policy, please contact us at sales@ServerStack.in

VIOLATIONS OF  ServerStack ACCEPTABLE USE POLICY

The following constitute violations of this AUP:

  1. Illegal use: ServerStack services may not be used for illegal purposes, or in support of illegal activities. ServerStack reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.


  2. Threats: Use of ServerStack service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

  3. Harassment: Use of ServerStack service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

  4. Fraudulent activity: Use of ServerStack service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”


  5. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through ServerStack service is in violation of this AUP.

  6. Copyright or trademark infringement: Use of ServerStack service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

  7. Collection of personal data: Use of ServerStack service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is violation of this AUP.

  8. Network disruptions and unfriendly activity: Use of ServerStack service for any activity which affects the ability of other people or systems to use ServerStack Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. ServerStack will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.


  9. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

  10. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Serverstack is not responsible for any data or software running on the server.

  11. Third Party Accountability: ServerStack subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy

  12. Peer to Peer Software (File Sharing): The use of Peer to Peer or file sharing software to permit the sharing, copying or distribution of unauthorized copyrighted material on ServerStack service is prohibited.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or your employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

  • Your password provides access to your account. It is your responsibility to keep your password secure.
  • Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
  • Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service.
  • You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
  • You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
  • You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
  • Users who violate systems or network security may incur criminal or civil liability. ServerStack will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

REPORTING VIOLATIONS OF ServerStack AUP

Serverstack requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at sales@ServerStack.in

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. ServerStack may take any one or more of the following actions in response to complaints:

Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

REVISIONS TO THIS ACCEPTABLE USE POLICY

ServerStack reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

Terms of Service

ServerStack.in (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of ServerStack Service constitutes acceptance and agreement to ServerStack AUP as well as ServerStack TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of ServerStack.in and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Karnataka, India.

  1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition ServerStack shall have the right to terminate all service set forth in this Agreement.

  2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

  3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service or, on the annual renewal date in case of services purchased annually.


  4. Refund and Disputes: All payments to ServerStack.in are non-refundable. This includes any one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred.

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


  6. Support Boundaries: ServerStack, provides 24 x 7  support Through live chat to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: ServerStack provides support related to your server or virtual site physical functioning. ServerStack does not offer tech support for application specific issues such as cgi programming, html or any other such issue. ServerStack does not provide technical support for YOUR customers. If you can email, we encourage you to email Sales@serverstack.in for assistance

  7. Notification of Violation:
    1. Serverstack is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP Violoation has occurred.

    2. AUP violation: Any User, which ServerStack determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation.



  8. ServerStack reserves the right to amend its policies at any time. . Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

  9. Indemnification: ServerStack wishes to emphasize that in agreeing to the ServerStack Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies ServerStack for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to ServerStack or the bringing of any claim against ServerStack by any third-party. This means that if ServerStack is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against ServerStack, plus all costs and attorney’s fees.

  10. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

    1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

    3. Serverstack takes no responsibility for any material input by others and not posted to the Serverstack Network by ServerStack. ServerStack is not responsible for the content of any other websites linked to the ServerStack Network; links are provided as Internet navigation tools only. ServerStack disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.




  11. Responsibility for Content: You, as ServerStack customer, are solely responsible for the content stored on and served by your ServerStack server.
  12. Force Majeure: Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.
  13. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.