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 carefully read this agreement. By using our service, you agree to comply with all the terms and conditions outlined in this agreement. 99Stack Cloud reserves the right to suspend your account at any time, with or without notice, for conduct that breaches this agreement, conduct that 99Stack Cloud deems harmful to its business, or conduct where the use of the service is harmful to any other party.

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

Liabilities

You shall bear exclusive responsibility for any harm inflicted upon our services or those of our providers arising from your actions or those of your partner(s). Such harm encompasses, but is not limited to:

We hereby retain all rights to promptly suspend your account and terminate any active subscriptions without any refund in the event of the discovery of such harm.

Backup and data

By utilizing our services, you expressly acknowledge and agree that your engagement is undertaken entirely at your own risk. We, along with our providers, disclaim any and all liability for data loss. It is incumbent upon you, as the user, to assume sole responsibility for the creation and maintenance of backups outside the purview of our service.

It should be noted that we do not provide assurance regarding our ability to restore lost data, nor can we guarantee the preservation of your content in the event of initial data loss or during subsequent restoration processes facilitated through our backup system.

This acknowledgment is a fundamental condition of your utilization of our services, and we strongly advise periodic review of these terms to ensure ongoing compliance with the agreement.

Termination of services resulting from overdue payments or chargebacks is irreversible and shall not, under any circumstances, be subject to restoration. It is expressly stipulated that the cessation of services due to financial delinquency or disputed charges is absolute, and no remedial action or reinstatement process is available.

Users are duly cautioned to ensure timely payments and address any billing disputes promptly to avoid the permanent discontinuation of services, as restoration is categorically precluded in such instances.

Payments and refunds

All payments are required to be made in advance. We do not provide free trials, discount coupons, or similar promotional offerings. Prepaid payments are credited to your account balance, which is displayed in US dollars.

All prices listed for servers encompass CPU/vCPU cores, memory, disk space, and a monthly bandwidth limit. Supplementary services, including but not limited to DDoS protection, licensed software, extra IP addresses, bandwidth overage, backups, and snapshots, will result in additional charges. Refer to the price listings for the most up-to-date pricing information.

All cloud resources and subscriptions are subject to hourly billing. Payments for the subsequent hour are deducted at the commencement of each hour, within the initial minute of usage. Upon termination of a subscription, billing ceases immediately.

In cases where a subscription is not utilized for an entire hour, no refunds will be issued for the remaining duration of that hour. All payments are rounded up to the next complete hour.

Monthly to hourly price ratio

Prices are displayed in USD per hour, and monthly prices are approximated by multiplying the hourly rate by 730 hours. This figure is derived from the average number of hours in a month, calculated by dividing the total annual hours (8760) by 12 months. It is important to note that the listed monthly prices are estimations only. In a month with 30 days (or February with 28-29 days), the cost is less than the listed monthly price. Conversely, in a month with 31 days, the payment covers a few additional hours.

Pre paid plans

Any server instance or cloud resource deployed using the pre-paid option (commitment), entailing a discount greater than 0%, is deemed non-refundable. Pre-paid instances or cloud resources can be canceled at any point during their life cycle; however, they remain non-refundable. An exception to this policy is granted if the plan fails to function according to the agreed terms, such as a problem caused by us, our system, or our provider.

Value added tax (VAT)

Value Added Tax (VAT) is applicable to all customers in Europe. VAT is deducted and set aside from your payment at the time of top-up, and this reserved amount will not be reflected in your account balance. In the event of a refund or withdrawal, VAT is refunded along with the remaining amount.

Refund policy

For every top-up made to your account balance, a 60-day money-back guarantee is in place. This guarantee ensures the ability to withdraw any unspent balance within a 60-day period. The 'money-back guarantee' is applicable solely under the following circumstances:

Cryptocurrency

Owing to the inherent volatility and regulatory considerations surrounding cryptocurrency, all payments made in cryptocurrency are promptly converted into USD for legal compliance. Regrettably, this conversion implies that all cryptocurrency payments are deemed non-refundable.

Refund or withdrawal

These processes are fundamentally similar but distinguished by the temporal context. Specifically, a refund can be authorized within a 60-day window, after which it transforms into a withdrawal. Upon approval of a refund, the payment provider will reimburse the transaction fees associated with the initial payment. Conversely, when a withdrawal is approved, additional transaction fees apply, and these fees are deducted from your account balance.

It is crucial to note that transaction fees for withdrawals may encompass cross-border transfers and can potentially escalate in cost. To ensure transparency and informed decision-making, we provide a detailed breakdown of all associated fees before initiating the transfer, enabling you to decide whether to proceed or not.

Chargebacks

At any point and for any reason, a payment provider retains the authority to issue a Chargeback on your payment(s). In the event of such occurrence, there exists a potential risk for your account to incur a negative balance. It is explicitly stated that 99Stack Cloud or our providers bear no liability for any data loss resulting from Chargeback(s).

SMTP & Emails

Upon the activation of SMTP, the unrestricting of ports 25, 465, and 587 ensues on your server instance. It is imperative to acknowledge that the complete responsibility for all emails transmitted from your server instance rests squarely upon you. It is incumbent upon users to comply with a comprehensive set of rules governing the sending of emails, and while not exhaustive, these rules encompass the following:

  1. Obtain the customer's permission to email them.
  2. Do not use a pre-checked box to gain the customer's consent to email them.
  3. Honour opt-out requests within a ‘reasonable’ amount of time. There is no strict limit.
  4. Include an unsubscribe link
  5. Use an accurate ‘From’ line that identifies who the email is from
  6. Include your postal address
  7. Include information about how the customer can contact you

Failure to follow these rules, may result in service restrictions. Additionally, a 3 day up-front payment is required. This will reserve your dedicated IP address for 3 days, (or more if preferred). See the up-front tab for more information.

DMCA takedown requests

99Stack Cloud upholds a commitment to respecting the intellectual property rights of others. As part of this commitment, we have established a policy to promptly address any claim asserting that content hosted by us and our providers infringes upon copyright or other forms of intellectual property rights ("Infringement") belonging to any individual. 99Stack Cloud will employ reasonable efforts to thoroughly investigate notices of alleged Infringement and will take appropriate action in accordance with applicable intellectual property laws and these terms when it is determined that an infringement has occurred. Such actions may include the removal or disabling of access to the content accused of infringement and/or the termination of accounts and access to our services.

To alert us to a potential infringement, it is imperative to submit a written notice addressed to "Copyright Infringement" care via email to abuse@99stack.com. Your notice should comprehensively outline the alleged Infringement, providing sufficient details to facilitate a reasonable determination by our team. It is crucial to acknowledge that making a false representation that any content is infringing on your copyright may render you liable for damages, including costs and attorneys' fees.

In the event that we take the action of removing or disabling access to content based on a notice of infringement, we will undertake reasonable efforts to communicate with the user responsible for the affected content. Should you believe that your content is not infringing, you have the option to submit a counter notice in writing to the attention of "Copyright Infringement Counter Notification" via email at abuse@99stack.com. Your counter notice must include sufficient information to enable us to make a reasoned determination. It is important to emphasize that making a material misrepresentation that your content is not infringing on the copyrights of others may result in you being held accountable for damages, including costs and attorneys' fees.

If you are uncertain whether a particular activity constitutes infringement, we strongly recommend seeking the advice of an attorney.

Force Majeure

Definition:The term "Event of Force Majeure" refers to an event beyond the control of us or any of our providers, which hinders a party from fulfilling its obligations under these terms and conditions. Such events include, but are not limited to:

Consequences

Neither 99Stack Cloud nor any of our providers shall be deemed in breach of this contract to the extent that the performance of their respective obligations is affected by a Force Majeure situation.

Price change

Listed prices are subject to regular updates and are applicable to all new deployments. Nevertheless, prices for pre-existing services will remain unchanged unless deemed absolutely necessary. In the event of a price adjustment for existing services, you will be provided with a notification at least 14 days in advance.

Recent changes
Updated on: 18 November 2023
Updated on: 15 December 2021
Updated on: 29 December 2019
Created on: 17 September 2017