By using the usestacks.com web site (“Stacks”), a service of Imulus, LLC (“Imulus”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Imulus reserves the right to update and change the Terms of Service without notice.
Violation of any of the terms below will result in the termination of your Account. You understand and agree that Imulus cannot be responsible for content posted on the Service. You agree to use the Service at your own risk.
General Conditions
Your use of Stacks is at your sole risk. The service is provided on an “as is” and “as available” basis. You must be 13 years or older to use this Service. Your login may only be used by one person – a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account). Technical support is only provided to account holders and is only available via email. You understand that Imulus uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Stacks and we do not warrant the reliability of those vendors. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Imulus) of other Stacks customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Stacks. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You must not use Stacks to send unsolicited email or “spam” messages. You may not use Stacks for any illegal or unauthorized purpose.
Payment Terms
A valid credit card is required to use Stacks. Stacks is billed in advance on a monthly basis and is non-refundable. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. For any upgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. If a plan is upgraded and downgraded within the same month you will be charged the for the upgraded plan level on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Imulus does not accept any liability for such loss.
Cancellation and Termination
You are solely responsible for the proper cancellation of your account. Upon cancellation all of your content will be deleted from Stacks in 30 days. This information can not be recovered once it has been deleted. If you cancel Stacks before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again. Imulus, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of Stacks, or any other Imulus service, for any reason at any time. This termination of your account will result in the deletion of all content in your Account. Imulus reserves the right to refuse service to anyone for any reason at any time.
Modifications and Prices
Imulus reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to Stacks, are subject to change upon 30 days notice from Imulus. Such notice may be provided at any time by posting the changes to the Stacks Web site (usestacks.com). Imulus shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Export / Import
You agree to comply with all export and import laws and restrictions and regulations of the United States and foreign countries, and not to export, re-export or import Stacks or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary authorizations. Neither the software nor the underlying information or technology may be downloaded or otherwise exported or re-exported (i) to Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria or any other country subject to a U.S. trade sanctions or embargo, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to any named party or individual on the U.S. Department of Treasury, Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, and/or the U.S. Department of Commerce, Bureau of Industry and Security Denied Persons List or Entity List. By using the Software, Licensee agrees to the foregoing and represents and warrants that it is not located within an embargoed jurisdiction and is otherwise in compliance with these conditions.
Copyright and Content Ownership
All content posted on Stacks must comply with U.S. copyright law. Imulus does not review content posted on Stacks, but Imulus has the right (but not the obligation) to refuse or remove any content that is posted to Stacks. Imulus claims no intellectual property rights over the material you post on Stacks. The design and functionality of Stacks is Copyright©2010 Imulus, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the code or design without express written permission from Imulus.
Indemnification
You agree to hold harmless and indemnify Imulus, and its affiliates, officers, members and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Imulus will provide you with written notice of such claim, suit or action.
The failure of Imulus to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Imulus and governs your use of Stacks, superseding any prior agreements between you and Imulus (including, but not limited to, any prior versions of the TOS).
If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact us at support@usestacks.com.
Overview
We respect your privacy and will never resell or abuse your personal information. We will use your information for the following:
- Order processing
- Billing informaton, changes, and requests
- Changes to Stacks terms of service or privacy policy
- Updates to Stacks and its services
What information do we collect?
We collect information from you when you create an account, place an order or subscribe to our newsletter. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To personalize your experience. Your information helps us to better respond to your individual needs.
- To improve our website. We continually strive to improve our website offerings based on the information and feedback we receive from you.
- To improve customer service. Your information helps us to more effectively respond to your customer service requests and support needs.
- To process transactions.
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
Will we send periodic emails?
The email address you provide for order processing, may be used to send you information and updates pertaining to your order or monthly billing, in addition to receiving occasional updates or related product information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails not related to billing, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Do we use cookies?
Yes. (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information) We use cookies to help us remember and process the items in your shopping cart and understand and save your preferences for future visits.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Terms and Conditions
Please also visit our Terms of Service section establishing the use, disclaimers, and limitations of liability governing the use of our website at http://www.usestacks.com.
Your Consent
By using our site, you consent to our privacy policy.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page. This policy was last modified on 2/1/2010.
Contacting Us
If there are any questions regarding this privacy policy you may contact us at support@usestacks.com.