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Terms of Service / Acceptable Use Policy

Revised April 2022

Your use of the services and products provided by SoundStack, Inc. (hereafter referred to as “SoundStack”), constitutes your acknowledgment and agreement to the Terms of Service and Acceptable Use Policy and the terms and conditions set forth herein. You (hereafter referred to as “Customer”) agree to comply with SoundStack’s policies. SoundStack strives to provide the best possible service to customers and will not tolerate any unlawful activity or abuse on our network. If you do not agree to be bound hereby, please notify us at [email protected] and SoundStack will close your account(s).

This Acceptable Use Policy (this “AUP”) as modified and changed, from time to time, shall be in effect and shall govern the terms and conditions of the services provided by SoundStack and agreed to by Customer. Customer’s use of SoundStack’s products and services is subject to Customer’s acceptance and compliance with this AUP. CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT THIS AUP IS READ, UNDERSTOOD, AND ACCEPTED. This AUP may be amended and modified by SoundStack at any time. SoundStack will post changes to the AUP on the legal page of our website at https://soundstack.com/aup. Customer’s use of SoundStack’s services after such posting shall constitute your acceptance of any such amendments or modifications. Customer is responsible for guaranteeing that products and services provided by SoundStack comply with this AUP. SoundStack reserves the right to terminate any such customer in violation of these Policies.

Customer acknowledges that the service provided is by nature one that can be interrupted for many reasons other than the negligence of the company and that ascertaining damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that SoundStack shall not be liable for any damages arising from such causes beyond the direct and exclusive control of SoundStack.

Customer further acknowledges that the liability of SoundStack for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall SoundStack be liable for any special or consequential damages, claims, losses or injuries.



Use of services; Change of service

SoundStack’s products and services may not be used for unlawful services. Transmission, distribution, storage, or linking of any material in violation deemed unlawful will result in account termination. SoundStack reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. This case will result in no refund. SoundStack reserves the right to modify pricing of services and/or discontinue or change services offered upon notice to the Customer by posting on the SoundStack website and notifying the customer with 90 days advance notice.

Content policy

All services provided by SoundStack may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any American law is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by US law. Customer agrees to indemnify and hold harmless SoundStack from any claims resulting from such compliance or the use of the service which damages the customer or any other party. SoundStack will be the sole arbiter as to what constitutes a violation of this provision.

IRC policy

Legal use of IRC is allowed on our network. IRC may not be used on our network when the intentions are malicious or illegal, e.g. for controlling a bot net, DDOS, or other malicious activities.

Spam policy

SoundStack is committed to a strict anti-spamming policy. Under this, we prohibit spam, or any unsolicited commercial email. All users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including but not limited to the CAN-SPAM Act of 2003. Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for email information using an “opt-in” process or that has made their email addresses available to a user for distribution of information. SoundStack will provide customers with information regarding the incident in order to take care of the violation. As a last resort, accounts canceled due to spam will face a clean-up policy.

Backup policy

There is no guarantee expressed or implied with backups or backup services. It is the Customer’s responsibility to retain local backups and copies of content and information. If data loss occurs due to a failure by SoundStack, data will be recovered on a best effort basis.  If data is lost due to negligence of Customer, SoundStack will not be held responsible. Customer is fully responsible for ensuring backups are kept.

Security

Violations of our system or network security are prohibited and may result in criminal and civil liability. SoundStack investigates all incidents involving such violations. Examples of violations include, but are not limited to:

  • Malicious programs (ex: worms, Trojans, viruses, or other malicious activity to promote harm) – Security breaches
  • Circumventing user authentication or security of nay host, network, or account
  • Using any program script/command designed to interfere or disable a user’s terminal session
  • Denying service to any user (ex: DoS, DDoS)

Consequences of violations

If SoundStack is aware of any type of violation, an investigation will take place on the Customer’s account. During the investigation, SoundStack may restrict Customer’s access in order to prevent further possible unauthorized activity. SoundStack may restrict, suspend, or terminate Customer’s account and/or pursue other civil remedies. If such violation is a criminal offense, SoundStack reserves the right to disclose Customer’s information and notify the appropriate law enforcement department of such violation. We may enforce this AUP, with or without notice to you, by any action we deem reasonable, in our sole discretion.

Abuse fees are $100 per clean-up and $100 per incident/complaint. This fee may be billed to Customer’s account at SoundStack’s discretion for time spent handling any investigation or abuse reports. Abuse fees are due in full within 24 hours and must be paid before any suspended service may be reactivated. Failure to pay abuse fees by the due date or failure to respond to abuse tickets promptly may result in suspension or termination of all services within the account. Before reactivating suspended services, the SoundStack account must be made current and Customer may be required to incur prepayments for the next billing period.

Setup time

Unless specified in your MSA, SoundStack typically aims to deploy customer servers and setups within seven (7) business days. Due to the time it takes to deploy Customer configurations, some deployments may take up to sixty (60) calendar days to employ. Customer will be notified if the order is expected to take longer than SoundStack’s average deployment time. No refund will be provided for services that are canceled while waiting for deployment.

RDNS

RDNS entries can be submitted via tickets by emailing [email protected]. RDNS entries will be completed within two business days.

Bandwidth and overages

Unless specified in your MSA, bandwidth used in excess of your allotted amount will be charged at $0.50 per gigabyte of data transfer or $80/mbps for 95th percentile, depending on the billing method specified on each service.

User information

Customer has the sole responsibility of making sure that complete contact and billing information is updated and provided to SoundStack. SoundStack will not be held responsible for inaccurate information.

Payments

Invoices are sent fourteen (14) or more days before the invoice is due. Failure to make payment on time may result in suspension of service or a late fee at the discretion of SoundStack. Any account with an invoice that is five (5) or more days past due may be treated as an abandoned account and all services may be suspended or permanently terminated at the sole discretion of SoundStack. Suspension of account does not eliminate debts to SoundStack. For Colocation accounts, SoundStack reserves the right to hold customer equipment as collateral. Customer has up to three (3) months to pay all debts before equipment is considered abandoned.

Cancellations

Cancellations must adhere to the language referenced in the MSA. If no language is specified or no MSA is present, Customer must submit cancellation with 30 days notice.

Reporting abuse

Any party seeking to report any violations on SoundStack’s network, please email [email protected].

Indemnification

Customer agrees to save harmless SoundStack from and against all losses, damages, actions or causes of action, suits, claims, demand, penalties and interest arising in connection with or out of any such services hosted by SoundStack.

Limitation of liability

SoundStack shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from SoundStack servers going off-line or being unavailable for any reason whatsoever. Furthermore, SoundStack shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any website or data from one of SoundStack’s servers. All damages therefore shall be limited to the immediate termination of service.

Disclaimers

Customer agrees that SoundStack cannot be held liable for system downtime, crashes, or data loss nor can SoundStack be held liable for any predicted estimate of revenues or profits in which a Customer would have received or obtained if its site was functioning. Customer acknowledges that certain services provided by SoundStack are resold. Thus, certain equipment, routing, software, and programming used by SoundStack are not directly owned or written by SoundStack. Moreover, SoundStack holds no responsibility for the use of our customers’ accounts. Upon the breach of any terms or conditions, SoundStack has the right to immediately deactivate the account(s). SoundStack reserves the right to remove any account without advance notice for any reason without restitution as SoundStack sees fit. Furthermore, SoundStack retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without prior notification. Customer agrees that the posting of any change(s) to the above Policies, Guidelines, and Disclaimer on the SoundStack website shall constitute sufficient and actual notice to Customer of the Policies, Guidelines, and Disclaimer then in effect.

SoundStack Marketplace

For Customers participating in SoundStack Marketplace, we target to distribute revenue share payments between one to four months after the end of each month according to Customer Agreement. SoundStack will not be held liable in any way if a payment is late and will not pay a late fee. In addition, for third party transaction fees (such as an incoming wire transfer), SoundStack will not be responsible unless otherwise agreed to mutually in writing.