TERMS OF SERVICE


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

Use of the ACTIVESTAK Cloud hosting services constitutes acceptance and agreement to the ACTIVESTAK Cloud Terms of Service (TOS).

The TOS may be changed from time-to-time at the discretion of the Company. Subscriber understands that changes to the TOS by the Company shall not be grounds for early contract termination or non-payment.  The latest ActiveSTAK Terms of Service can be found at https://www.activestak.com/terms.

IMPORTANT NOTICE: All payments to ActiveSTAK for Cloud Hosting are Non-Refundable.

Disclosure to Law Enforcement: The TOS specifically prohibits the use of our service for illegal activities. Therefore, Subscriber understands that the Company may disclose any or all subscriber information including assigned IP addresses, account history, account use, etc. to any law enforcement agent who makes a written request, subject to issuance of a Crown warrant, without further consent or notification to the Subscriber. In addition, ActiveSTAK shall have the right to terminate all services set forth in your cloud service agreements in the event of an illegal activity as defined under law.

Service Rates: Subscriber acknowledges that the nature of the services 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. 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.

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 services. Payments can be provided via major credit cards through our online payment system or direct deposit.

Payments and Fees: Service will be interrupted on accounts that reach 45 days past due. Service interrupted for nonpayment is subject to a $200.00 reconnect charge. Accounts not paid by due date are subject to a late fee; the current Late Payment Charge is three percent (3%) per month on outstanding balances. Accounts that are not collectible by ActiveSTAK may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

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

Failure to Pay: The Company may temporarily deny service or terminate services upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation: Requests for canceling accounts may be made in writing with at least a 60-day notice and sent to accounts@activestak.com.

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 exceed an amount equivalent to regular 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.

Support Boundaries: ActiveSTAK Cloud provides 24×7 technical support to our subscribers. We limit our technical support to our area of expertise. The following are our guidelines when providing support: ActiveSTAK provides support related to your server or virtual site physical functionality. ActiveSTAK does not offer technical support for industry specific applications such as 3rd party systems, IIS/Apache web hosting, HTML, PHP, CGI, programming or any other related items. ActiveSTAK does not provide technical support for YOUR customers. If you can email, we encourage you to email support@activestak.com for assistance, or by phone at 647-793-7221 (877-564-5838). Lastly, the Help files in the program you are using may have the answer to your question so please investigate these resources before calling ActiveSTAK technical support.

SPAM and Unsolicited Commercial Email (UCE): ActiveSTAK takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of ActiveSTAK may not use or permit others to use our network to transact in UCE. Customers of ActiveSTAK may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. To prevent unnecessary blacklisting due to spam, we reserve the right to occasionally sample bulk email being sent from servers.

Violation of ActiveSTAK SPAM policy in these Terms and Conditions will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, ActiveSTAK will initiate an immediate investigation (within 48 hours of notification). During the investigation, ActiveSTAK may restrict Customer access to the network to prevent further violations. If a Customer is found to be in violation of our SPAM policy, ActiveSTAK may, at its sole discretion, restrict, suspend or terminate Customer’s account. Further, ActiveSTAK reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ActiveSTAK will notify law enforcement officials if any violation is believed to be a criminal offense.

First violations of this policy will result in an “Administrative Fee” of $250.00 and your account will be reviewed for possible immediate suspension. A second violation will result in an “Administrative Fee” of $500.00 and immediate suspension of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175.00 per hour that ActiveSTAK personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Customers are ultimately responsible for the actions of their clients over the ActiveSTAK, it is advisable that Customers develop a similar policy for their clients.

Internet Relay Chat (IRC): ActiveSTAK DOES NOT ALLOW IRC to be ran on any servers. There are no exceptions to this policy. Violation of this policy may result in account suspension and/or termination.

Open or “Anonymous” Proxy: The ActiveSTAK Cloud does not permit use of Open or “Anonymous” proxy servers. There are no exceptions to this policy. Violation of this policy may result in account suspension and/or termination.

IMPORTANT NOTICE BEGINNING IMMEDIATELY, anyone hosting websites or services on any server that supports spammers or cause any of our IP addresses to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and possible permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

Service Level Agreement:

Service Levels: ActiveSTAK’s goal is to achieve 99.96% availability for all customers. Subject to the sections below, if the availability of Customer’s Services is less than 99.96%, ActiveSTAK will provide the adequate reimbursement or credit to the Customer in accordance with the below schedule, with the credit being calculated based on the monthly service charge for the affected Services.  If a scheduled maintenance outage is required, ActiveSTAK will broadcast the outage information to all parties and end-users as required. Scheduled maintenance outages are not considered to by in violation of any Service Level Agreement.

Availability Credit Percentage
99 to 100% 0%
98% to 99% 10%
95% to 97.9% 15%
85% to 94.9% 25%
84.9% or below 50%

IP Address Ownership: If ActiveSTAK assigns a Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to ActiveSTAK, and Customer shall have no right to use that Internet Protocol address except as permitted by ActiveSTAK in its sole discretion in connection to these Terms of Service. ActiveSTAK shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customers by ActiveSTAK, and ActiveSTAK reserves the right to change or remove any such Internet Protocol numbers and addresses, in its sole and absolute discretion.

Bandwidth and Disk Usage: Customer agrees that bandwidth and data transferred shall not exceed the bandwidth speeds or number of megabytes per month for the Services ordered by Customer. ActiveSTAK will monitor Customer’s bandwidth and disk usage, and may charge additional fees for overages. ActiveSTAK shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. If ActiveSTAK takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in regards to any overage.

System Backups:  ActiveSTAK does not provide scheduled system level backups of each environment as part of standard cloud hosting service.  Cloud backups are optional and will be billed according to current backup and storage rates.  Please contact sales@activestak.com or 647-793-7221 (877-564-5838) for more details.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the ActiveSTAK Network. Violations of system or network security may result in civil or criminal liability. ActiveSTAK will investigate occurrences, which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

  • Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  • Taking any action to obtain services to which such User is not entitled.

Notification of Violation: ActiveSTAK cannot manage each Customer’s underlying End User activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.  Such monitoring shall be performed solely by the Customer.

First violation: Any User, which ActiveSTAK determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at ActiveSTAK’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.

Second Violation: Users that ActiveSTAK determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if the offending activity is causing great harm to parties on the Internet. If open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation: ActiveSTAK reserves the right to suspend network access to any Customer if in the judgment of the ActiveSTAK network engineers the Customer’s server is the source or target of the violation of any of the other terms of the TOS or for any other reason which ActiveSTAK chooses. If inappropriate activity is detected, all accounts of the Customer in question may be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.

ActiveSTAK reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of ActiveSTAK must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar set of Terms and Conditions or an “Acceptable Terms of Use Policy”.

Indemnification: ActiveSTAK wishes to emphasize that in agreeing to the ActiveSTAK Terms of Service (ToS), Customer indemnifies ActiveSTAK for any violation of the Terms of Service that results in loss to ActiveSTAK or the bringing of any claim against ActiveSTAK by any third-party. This means that if ActiveSTAK is involved in legal disputes because of a Customer or Customer’s End User activity, the customer will pay any damages awarded against ActiveSTAK, plus all court costs and legal fees.

Miscellaneous Provisions: You must provide ActiveSTAK with a current document outlining up-to-date contact information for you. E-mail, company address, telephone and fax contacts are used, in that order of preference.  Such contact information is maintained in strict confidence by ActiveSTAK and used strictly for account contact purposes and is not shared.

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.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at any time without consent from or notice to Subscriber. Company reserves right to cancel Customer’s rights under this contract at any time without further obligation.

ActiveSTAK cannot take responsibility for any material input by others and not posted to the ActiveSTAK Network by ActiveSTAK.  ActiveSTAK is not responsible for the content of any other websites linked to the ActiveSTAK Network; links are provided as Internet navigation tools only. ActiveSTAK 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.

ActiveSTAK is not responsible for any damages your business may suffer. ActiveSTAK does not make implied or written warranties for any of our services. ActiveSTAK denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and all service interruptions caused by ActiveSTAK.

Responsibility for Content: You, as ActiveSTAK Customer, are solely responsible for the content stored on and served by your ActiveSTAK server.

Microsoft Windows Servers: Requirements for using Microsoft software. Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms unless additional licensing has been purchased. This could create liability issues with Microsoft if violated.

Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.

ActiveSTAK may provide you access to other third party software and/or services (“Third Party Products “) through reseller relationships ActiveSTAK has established with certain commercial vendors, including without limitation, Microsoft Corporation (“Third Party Vendors”). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by ActiveSTAK and not by the Third-Party Vendor. Neither ActiveSTAK nor any Third-Party Vendor makes any representations or warranties, express or implied, regarding any Third-Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer’s sole risk and such third-party products are provided “as is” and without representation or warranty of any kind from ActiveSTAK or any third-party vendor, including without limitation, any implied warranty of merchantability, fitness for a purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither ActiveSTAK nor any third-party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third-party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and ActiveSTAK with respect to any improper use of such third-party products or violation of license agreements with them and/or applicable end user subscriber agreements.

 

Denial of Service: We reserve the right to refuse service to anyone at any time.