Terms of Service

In order to provide you with a brilliant cloud, we need you to agree to the rules set out in this document

BEFORE SIGNING UP, PLEASE READ THIS AGREEMENT CAREFULLY. By using our service, you agree to comply with all of the terms and conditions set out in this Agreement. 99Stack Cloud may suspend your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that 99Stack Cloud believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

99Stack Cloud may, in its sole discretion, change or modify this agreement at any time, with notice in advance. Such changes or modifications shall be made effective for all users upon posting of the modified Agreement to this web address. You are responsible to read this document from time to time to ensure that your use of our services remains in compliance with this agreement.

Force Majeure

Definition: "Event of Force Majeure" means an event beyond the control of us, or any of our providers, which prevents a party from complying with any of its obligations under these terms and conditions. Including but not limited to:

Consequences of Force Majeure: Neither 99Stack Cloud or any of our providers shall be considered in breach of this contract to the extent that performance of their respective obligations in a force Majeure situation.

Liabilities

You will be held solely responsible for any damage to our, or our providers services caused by your own or any of your partner(s) actions. Such damage includes but is not limited to:

We reserve all rights to immediately suspend your account and terminate your active subscriptions without any refund upon discovery of such damage.

DMCA takedown requests

99Stack Cloud respects the intellectual property rights of others. It is our policy to respond promptly to any claim that content hosted by us and our providers infringes the copyright or other intellectual property infringement (“Infringement”) of any person. 99Stack Cloud will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these terms where it believes an infringement has taken place, including removing or disabling access to the content claimed to be infringing and/or terminate accounts and access to our services.

To notify us of a possible infringement you must submit your notice in writing to the attention of “Copyright Infringement” care via email to abuse@99Stack Cloud.com and include in your notice a detailed description of the alleged Infringement sufficient to enable us to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any content is infringing your copyright.

If we remove or disable access to content in response to a notice of infringement, we will make reasonable attempts to contact the user responsible for the affected content. If you feel that your content is not infringing, you may provide us with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at abuse@99Stack Cloud.com. You must include in your counter notice sufficient information in order to allow us to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys fees) if you materially misrepresent that your content is not infringing the copyrights of others.

If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

Payments and refund policy

All payments must be in advance. Payments are converted to "99Stack Cloud coins" with a fixed value corresponding to the US dollar ("USD"). "99Stack Cloud coins" is stored in your account as "Account balance". Account balance can be increased through deposits of real money ("payments") from any real currency (including Cryptocurrencies such as Bitcoin, Litecoin, Ethereum, Dash etc..). Alternative payment methods can be arranged, please contact support for more information.

All listed prices for servers includes CPU/vCPU cores, memory, disk space and a monthly bandwidth limit. Additional services such as DDoS protection, licensed software, extra IP addresses, bandwidth over usage, backups and snapshots will incur additional fees. See price listings for current prices.

Monthly to hourly price ratio

Prices are shown in USD per hour, monthly prices are estimated by multiplying the hourly price by 730 hours. 730 hours is the average amount of hours in a month when dividing the total amount of hours in a year (8760) with 12 months. Please observe that listed monthly prices are only estimated. In a month with only 30 days (or February with 28-29 days) you pay less than the listed monthly price. Meanwhile in a 31 days month, you pay for a few hours more.

Value added tax (VAT)

Value added tax applies to all customers in Europe. VAT is deducted and reserved from your payment when a purchase is made, the reserved amount will not be seen in your account balance. VAT is refunded with remaining amount in the event of a refund or withdrawal being paid out.

Refund policy

For each top up of your account balance, there is a 60 days money back guarantee. This guarantee ensures that you will be able to withdraw unspent balance up to 60 days. This "money back guarantee" applies only under the following circumstances:

Cryptocurrency

99Stack Cloud accept Cryptocurrency payments, such as Bitcoin, Ethereum, Monero and many more. Due to volatility of these assets we cannot guarantee refunds or withdrawals of these assets.

Refund or withdrawal

These are essentially the same. A refund can be issued for up to 60 days, after that time, it's called a withdrawal. Once a refund is approved, the payment provider will return the transaction fees. Once a withdrawal is approved there will be additional transaction fees, these fees will be taken from your account balance. Transaction fees for withdrawals can include cross border transfers and become very expensive, we therefore let you know all the fees before initiating the transfer to let you choose if you want to proceed or not.

Chargebacks

A payment provider can at any time, for any reason, issue a Chargeback on your payment(s). In such event, there is a risk of your account ending up with a negative balance. 99Stack Cloud or our providers shall not be held liable for any data loss caused by Chargeback(s).

Backup and data loss

You agree that your use of our services is at your own risk and that we or our providers are not liable for any data loss. You are solely responsible for creating backups outside our service. We can not guarantee that we will be able to restore lost data, or that your content will remain unharmed as a result of the initial data loss or the subsequent restore procedure from our backup system.

We highly recommend that you establish your own routine backup procedure and that you periodically test restoring files from your backup.

Services terminated due to late payments or Chargebacks can not be restored under any circumstances.

Price change

Prices do not change automatically after a change of the listed prices. However, if the price for one or more of your active subscriptions must be changed (i.e to cover higher operational costs or similar). You will be notified about the change over email, at least 7 days in advance.

We reserve the right to change prices listed on 99Stack Cloud.com and it's sub domain(s) at any time, without notice. We reserve the right to modify the number of resources given to plans at any time. It is Your responsibility to check our website(s) for plan or price changes.

Acceptable usage

The Acceptable Use Policy ("AUP") contains all you need to know about what's allowed or not when using our services. Violations in AUP may result in an instant suspension of your account and active subscriptions. Each case is investigated together with all involved parties. Terminated accounts and/or subscription(s) stays terminated during investigation.

99Stack Cloud reserve all rights to suspend accounts and their associated subscription(s) upon violations of these terms or applicable laws. 99Stack Cloud also reserve all rights to, in sole discretion, restrict bandwidth or block certain ports if determined necessary.

Recent changes
Updated on: 29 December 2019
Created on: 17 September 2017