Terms of Service for Sticky Hosting

Introduce
Welcome to Sticky Hosting’s Terms of Service! The first part of our Terms of Service is an introduction, which is structured like an FAQ and lists some concepts before diving into other terms.

What files does the TOS consist of?
We refer to the Terms of Service as “TOS.”
This page lists the core of our TOS, but we have other contract documents that you can consider additional terms on specific topics. Legally, these other documents are incorporated by reference as if they were written here and form part of the entire TOS. Therefore, you should also check out these other documents, which can be found at the following links:

Privacy Policy, which outlines how we collect, use, and share data on our website and services.

Who is this TOS for?
When we refer to “Sticky Hosting” or use pronouns such as “we,” “us,” or “our,” we mean Sticky Hosting, LLC and its parent, affiliates, and subsidiaries.

When we refer to “User,” we mean you, and we also use words such as “you” and “your” to refer to you. Who “you” is may become more complicated if you use our services on behalf of a company, organization, or other entity, in which case you represent to us that you have the right to bind your company, organization, or other entity to this TOS, and you undertake to represent that entity (and “User,” “you,” and “your” then refer to such entity). If you are not sure what this means, or whether you have the authority to bind your company, organization, or entity to this contract, you should ask others in your organization for clarification of authority.

What are the terms of service?
This TOS is a binding contract between you and Sticky Hosting covering all products, websites, products, services, features, content, applications, and other content we provide to users like you.

We will periodically distinguish between our websites, such as www.stickyhosting.com (which we will collectively refer to as the “Site”), and all of our other services, such as our cloud infrastructure and other paid services (which we will collectively refer to as the “Services”).

As you will see later in the TOS, Section 3 (Site Terms) is specific to your use of the Site, and Section 4 (Terms of Service) is specific to your use of the Services.

When does this TOS apply to me?
Now that we have some common language, we want to make sure you understand when and how TOS applies.

First, you must understand that this is a binding legal contract necessary to use our website and services. Therefore, you may use our website and services only if you agree to have read, understood, and agreed to be bound by this TOS.

If you register for the service or create an account through our website, this TOS is effective when you tick “I agree to the Terms of Service” or other feature that indicates your acceptance of its terms. If you purchase the Services through a separate written contract, this TOS will be included in that contract, whether or not stated. Regardless of these other methods, this TOS applies and is legally binding on you and your access and use when you access or use our website and services. These are common examples, and this paragraph does not necessarily include all other ways in which you may be bound by this TOS.

How are disputes under this TOS handled?
A requirement of our TOS is that you must agree to resolve disputes arising under this TOS through direct binding arbitration between you and Sticky Hosting. In arbitration, a neutral arbitrator or panel of arbitrators will hear the arguments of both parties and decide the dispute in a convenient and cost-effective manner. When these cases involve small claims, the process is simplified.

You should understand that this means neither you nor Sticky Hosting have the opportunity to resolve certain disputes in court before a judge or jury. You will not be able to file a claim in a traditional trial, nor will you be able to participate in a court-based class action or similar process.

TOS Terms and Conditions
1. Eligibility and Registration
1.1 Before you use our website and services, you must ensure that such use complies with all laws, rules, and regulations that apply to you. Your right to access the Site and Services will be revoked if your use is prohibited or if our regulations conflict with any applicable laws, rules, or regulations. It is your responsibility to make these decisions before using the website and services.

1.2 The Site and Services are not directed to, and are not intended to be used by, anyone under the age of 18. By using the Site and Services, you represent and warrant to us that: (a) you are at least 18 years old; (b) you otherwise have sufficient legal consent, license, and capacity to use the Website and Services in the applicable jurisdiction as determined by you.

1.3 To access certain features of the Services and Website, you must register for an account (“Account”). When you register for your account, you may be required to provide us with some information about yourself, such as your name, email address, and a valid payment method, and you may also voluntarily provide optional information about yourself. Account information and our use and disclosure of it are governed by the Privacy Policy and Data Processing Agreement.

1.4 We may, in our sole discretion, refuse to provide or continue to provide the Site and Services to any person or entity and change the eligibility criteria at any time, including if you fail to comply with the TOS. We reserve the right to deactivate, terminate, block access, disable the Services, and/or delete any account or access to the Site and Services at any time in our sole discretion.

2. Ownership of Sticky Hosting
2.1 As between you and Sticky Hosting, the website and services are owned and/or provided by Sticky Hosting. Names, logos, trademarks, trade dress, arrangements, visual interfaces, graphics, designs, compilations, information, data, computer code (including source or object code), products, software, services, and all other elements of the website and services (“Material”) are protected by intellectual property and other laws. All materials contained in the Site and Services are the property of Sticky Hosting or its third-party licensors. You may only use the Site and Services in the manner expressly authorized by us and set forth in this TOS. You shall comply with and maintain all intellectual property notices, information, and restrictions contained in the Site and Services. We reserve all rights to the Site and Services not expressly granted by these Terms of Service.

2.2 If you choose to provide comments and suggestions (“Feedback”) regarding issues or proposed changes or improvements to the Site and Services, you hereby grant us an unrestricted, permanent, irrevocable, non-exclusive, fully paid, royalty-free right to use Feedback in any way and for any purpose, including improving the Site and Services and creating other products and services.

2.3 You allow us to disclose you as a customer in our promotional and marketing materials, including by name, corporate logo, and trademark.

2.4 Certain materials provided by Sticky Hosting are licensed under one or more open-source, Creative Commons, or similar licenses (collectively, the “Open Source Licenses”). Nothing in this TOS prevents, restricts, or is intended to prevent or restrict your access to such materials under applicable open-source licenses, or your use of such materials under those open-source licenses.

2.5 Subject to your full and ongoing compliance with these TOS and our rights therein, Sticky Hosting grants you a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to access and use the website and/or services as described and governed by these Terms of Service.

3. Service Content
3.1 Our Services allow you to provide us with source code, files, software, processes, interfaces, data, text, settings, media, or other information for the Services to store, host, or process (your “Service Content”). Service content includes listing information and vendor offerings (as defined in the Sticky Hosting Marketplace Terms and Conditions).

3.2 By providing your Service Content to or through the Service, you grant Sticky Hosting a license to host, store, transmit, display, perform, reproduce, modify, and distribute your Service Content for the purpose of formatted display only, in accordance with these Terms of Service.

3.3 As between you and Sticky Hosting, you retain any copyright and other proprietary rights you may have in the Service Content.

3.4 If you resell the services under TOS to third parties, or your own products and services (bound with TOS services) are allowed to be used by third parties through public websites, applications, and interfaces, then some TOS services will allow third parties to access, use, or share your Service Content. Such other users are collectively referred to as your “End Users” for the purposes of this TOS. For clarity, “end user” in this document includes all such other users, whether they are intermediaries, end users of other end users, etc. It is your responsibility to ensure that your end users comply with this TOS.

3.5 You are solely responsible for the content of your Service, your end users, and any activities of your end users, and you agree that Sticky Hosting will not and will not in any way be responsible for the content of your service, your end users, and/or your end users’ activities. By providing your service content through the service, you confirm, represent, and warrant that:

Your Service Content and your or your End User’s use of Your Service Content will not violate this TOS (including the AUP) or any applicable laws, regulations, rules, or rights of third parties;

You are solely responsible for the development, review, operation, maintenance, support, and use of your Service Content, including when Your Service Content is provided by your end users;

Your Service Content and your or your end users’ use of Your Service Content will not and will not: (i) infringe, violate, or misappropriate any third-party rights, including any copyright, trademark, patent, trade secret, moral rights, privacy, publicity, or any other intellectual property or proprietary rights; (ii) defame, defame, defame, or violate any other person’s privacy, publicity, or other property rights; (iii) cause us to violate any law, regulation, the rules, or the rights of third parties; and except for certain services provided to you under this TOS or other express contract, you are solely responsible for the technical operation of the content of your services, including on behalf of your end users.

3.6 It is your responsibility to properly configure and use the Services and to take your own steps to maintain the appropriate security, protection, and backup of your Service Content, which may include the use of encryption technology to protect Your Service Content from unauthorized access as well as routine archiving of your services. Sticky Hosting makes no commitment to retain any saves or backups of your Service Content. You are solely responsible for the integrity, preservation, and backup of your Service content, whether or not your use of the Service includes Sticky Hosting backup features or functionality, and to the fullest extent permitted by law, Sticky Hosting is not responsible for any loss of data and may not use, or other consequences related to the above.

3.7 When purchasing the Services, you may specify the geographic area in which your Services content will be stored. You agree to store your service content in and transfer your service content to a geographic area of your choice. Unless you and Sticky Hosting agree otherwise in writing, you agree that Sticky Hosting may, at its sole discretion, transfer and store your Service content in other geographic areas. You represent and warrant that such storage and transfer have been given your full consent and are permitted in accordance with applicable laws, regulations, rules, and third-party rights.

4. Code of Conduct
4.1 You must use the Site and Services in accordance with our AUP, which is incorporated by reference. Therefore, any use of the Site and Services in violation of the AUP constitutes a violation of this TOS.

4.2 You are solely responsible for activities that occur on your account, whether such activities are performed by you, your employees, any third party (including your contractors or agents), your end users, your licensees, or your customers.

4.3 You are responsible for informing your employees, agents, and others in connection with your use of the Site and Services of the terms of this TOS, including where the terms of the TOS bind them.

4.4 You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to obtain any source code or underlying ideas of any part of the Website or Services (including without limitation any Application) or algorithms, unless such restrictions are expressly prohibited by applicable law to the limited extent; (ii) modify, translate, or otherwise create derivative works of any portion of the Site or Services; (iii) copy, rent, lease, distribute, or otherwise transfer any rights you acquire under this Agreement. You shall comply with all applicable local, state, national, and international laws and regulations. If any part of the Site or Service is governed by an open-source license, such open-source license applies regardless of this section.

4.5 We reserve the right to access, read, store, and disclose any information we reasonably deem necessary to (i) respond to any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms of Service, including investigating possible violations of these Terms of Service; (iii) detect, prevent, or otherwise resolve fraud, security, or technical issues; (iv) respond to user support requests; (v) protect the rights, property, or safety of us, our users, and the public. More information can be found in our Law Enforcement Guide.

4.6 As a bonus to early adopters of the Service, some users with older accounts receive free bandwidth promotions, subject to their account remaining active, in good standing, and complying with this TOS (“Free Bandwidth Account”). Free bandwidth accounts will no longer receive free bandwidth if: (a) ownership of such accounts is transferred to a third party; (b) use of such free bandwidth accounts violates this TOS (including the AUP); or (c) such free bandwidth accounts are used for any of the following activities: (i) to run Torrents for download or torrent servers, TOR, or services that contain adult or pornographic content; (ii) to resell or otherwise provide such free bandwidth as a service to third parties; (iii) otherwise circumvent or attempt to circumvent the intended use of free bandwidth accounts by redistributing the benefits of free bandwidth to third parties; (iv) accounts that have been logged out by users, or users who have lost their login passwords but have not retrieved the account from Sticky Hosting in time, and it became an invalid account due to not logging in for many years.

4.7 You should use appropriate security protocols, such as setting strong passwords and access control mechanisms, protecting access to all logins and passwords, and verifying the trustworthiness of those who access information on trusted accounts. You are solely responsible for any unauthorized access to your Account and must notify Sticky Hosting immediately upon becoming aware of any such unauthorized access.

4.8 If you become aware of any security incident or breach affecting the Website or Services, including unauthorized access to your account or account credentials, you shall notify Sticky Hosting and shall assist the authorities or any investigation or legal action taken by Sticky Hosting to investigate and correct the cause. A security incident or breach resulting from your account or your use of the Site and Services. Our data processing agreement contains further information about security incidents related to certain personal data.

5. Payment and Billing
5.1 We use a third-party payment processor (“Payment Processor”) to bill you through the payment account associated with your account (your “Billing Information”). In addition to this TOS, payment processing may be subject to the terms, conditions, and policies of the payment processor. We are not responsible for the actions or omissions of payment processors. You agree that in accordance with our Pricing and Billing Policy, and you hereby authorize us and the applicable payment processor to charge all such payments to you.

5.2 You must provide your account and billing information with current, complete, and accurate information and must promptly update all such information in the event of changes (such as changes to billing address, credit card number, or credit card expiration date). If your payment method is canceled (for example, lost or stolen) or otherwise unavailable, you must notify us or our payment processor immediately. This information can be changed in your account settings.

5.3 By entering into these Terms of Service and using the Services, you agree to recurring billing and automatic billing by us or our payment processor using your payment method at the time of invoicing. If your method of payment or payment of fees is subject to other terms and conditions set forth in an order, invoice, or otherwise, those other terms and conditions apply in addition to this TOS. You may also be charged an amount not exceeding your current balance at any time to verify the accuracy of your account information. We reserve the right to deactivate, terminate, block access, disable the Services, and/or delete any account or access to the Site and Services at any time in our sole discretion, including payment methods for non-payment, late payment, or failure to bill you.

5.4 We may offer Service Credits from time to time, and any provision for such Credits is governed by the disclosures, terms, and policies regarding Credits. You acknowledge and agree that all credits, whether previously offered or otherwise, may be withdrawn or prematurely expired by us at any time for any reason or no reason, including abuse, misrepresentation of account information, unauthorized transfers, or conduct you illegally.

6. Third-Party Services
The websites and services may include links to third-party websites, services, or other resources on the Internet, and third-party websites, services, or other resources may also include links to our websites and services. When you access third-party resources on the Internet, you do so at your own risk. These third-party resources are not under our control, and to the fullest extent permitted by law, we are not responsible or liable for the content, functionality, accuracy, legality, appropriateness, or any other aspect of such resources. The inclusion of any such link does not imply our endorsement or any association between us and any third party. To the fullest extent permitted by law, we disclaim any direct or indirect responsibility or liability for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party resources. We also allow certain vendors to make Vendor Products available on the Sticky Hosting