Stacks Terms of Service

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.