Terms and Conditions
Please carefully read the following Terms of Service before registering for and using any StockPile IT Services.
By registering for an StockPile IT account you or the entity you represent (“User” or “you” or “your”) agree to be bound by these Terms of Service (the “Terms”), which govern your access to and use of the StockPile IT Service (the “Service”) offered by StockPile IT (“we”, “us” or “our”). Some applications of the Service may implement open source code released under the GNU General Public License (“GPL”). Please carefully read the GPL as well as our Privacy Policy, which are incorporated into these Terms.
If you are registering for the Service on behalf of an organization, User is agreeing to these Terms for that organization and you have the authority to bind that organization to these Terms. If an organization, User will refer to the Organization.
1. Your Account
You agree to provide us with accurate and complete information when you create an StockPile IT Account (your “Account”). In order to prevent unauthorized access to your Account, you agree to keep your password and other Account details confidential and not share them with anyone else.As the Account holder, User is solely responsible for access to, content in or sharing and use of the Account. We are not liable for any loss or damage arising from any access to, content in, or sharing and use of the Account. If you believe there has been unauthorized access to the Account, User must notify support@stockpileit.com immediately.
2. Registration Information / Privacy
User agrees to promptly notify us of any change in the information you provided during your registration for the Services (including, without limitation, any change in your mailing address, telephone numbers or email address). The registration information (including your selected username and password) provided by you during your registration for the Service, together with any and all updates provided by you from time to time under this paragraph, is referred to in these Terms as the “Registration Information.” Our policy regarding the privacy and use of the Registration Information is set forth in our Privacy Policy, which may be modified and amended by us from time to time. By accepting these Terms, you are also acknowledging that you agree to the terms of the Privacy Policy.
3. Conditions of Use
By using the Services, User agrees that:
(a) User is solely responsible for obtaining sufficient rights to the content of all data and files stored by you on StockPile IT servers;
(b) User will not violate, or encourage or facilitate the violation of, any aspect of our Acceptable Use Policy;
(c) User will not use the Services to sell and/or distribute digital content to others. (The Services are not for storing and disseminating large amounts of data to large number of recipients or for dissemination of digital content for commercial purposes, and we may use procedures, which may vary from time to time, to detect unacceptable levels of usage and may immediately disable offending accounts based on detected misuse. We are not responsible for any business interruptions that may be caused due to this process); and
(d) User will not access or attempt to access the Services by any means other than those provided on the StockPile IT website or by an authorized third party.
If there is suspicion that an account is being used for storage and distribution of any illegal material such as copyrighted content, StockPile IT reserves the right to examine the content of the online storage and backup account. StockPile IT may also access the account and data for support related activities. StockPile IT normally does not review, inspect, edit or monitor any content, data or files stored by you or any other user of the Service. StockPile IT reserves the right to refuse, remove or disable access to any data or files stored on our servers with immediate effect that we determine may be illegal, may violate these Terms and Conditions, may violate the rights of any third party or otherwise may be reasonably objectionable.
4. Pricing
Credit Card Charges
In exchange for use of the Services, User authorizes a recurring monthly and/or annual charge to your credit card. The recurring charge will be locked at the service plan that is chosen at the time of sign-up or to a customized quote provided for your specific use. User also agrees that the enrollment for the next service period is automatic and paid in advance at the same rate. Please note that we may automatically receive updated credit card information from our merchants from time to time in cases where your account is issued a new card number or your credit card expires. However, StockPile IT still advises User to notify us to update your card within our system.
If StockPile IT is unable to execute any applicable charges due to credit card denial or for any other reason, you will be notified via email. In case of non-action by the user, the account may be cancelled or suspended. StockPile IT may delay Account cancellation related to non-payment for the Services and provide a grace period of up to fifteen (15) days from the due date to allow for the customer to arrange payment. If the account is cancelled for any reason, user data and its backups will be permanently removed from our servers. StockPile IT will not be liable for any or all loss of data due to account cancellation.
Discrepancies
User must raise billing discrepancy reported to us by emailing us at support@stockpileit.com within thirty (30) calendar days after such discrepancy is charged to your credit card.
Cancellation & Refunds
User must cancel your Account before it renews each month or year in order to avoid a charge for the next month’s or year’s fees to your credit card. Please note on cancellation, refunds are issued if account is canceled within fifteen (15) days of its creation date. After 15 days, pro-rated refunds are issued on a case-by-case basis subject to eligibility.
StockPile IT will not issue any pro-rated refunds for the remaining period of a month when an account with a monthly subscription plan (“current plan”) is downgraded to a smaller plan (“new plan”) (a plan that costs less per month than the current plan) during the middle of a month. However the rate applicable to the new plan will automatically be charged starting the first of the subsequent month.
Complimentary Accounts
StockPile IT reserves the right to terminate “Complimentary Accounts” at any time, with or without notice. Without limiting the foregoing, if a “Complimentary Account” is inactive for sixty (60) days, then we reserve the right to terminate the “Complimentary Account” without providing additional notice. An inactive account is an account where no login has occurred either automatically or manually for the specified period of time noted above.
Personal and Business Accounts
Personal accounts are for personal and home use only. Businesses must choose Business Plans. There may be substantial pricing, storage and functionality differences between personal and business accounts.
5. Backups of Your Data
StockPile IT strongly recommends a local backup of user data on your premise. Cloud Backup should always be a tandem solution to local backup and not be the ONLY solution.
StockPile IT recommends periodic review, at least on a weekly basis to verify the execution of User backups because Users backups may fail for any number of reasons including but not limited to, internet connectivity issues, authentication issues, firewall, blocks by anti-virus programs, system configuration changes to the computer, etc. User should also periodically update the backup software client to the most recent version.
6. Security
Account Passwords
User is solely responsible for any consequences arising out of your failure to maintain the confidentiality of your Account password and/or encryption password. You will notify us of any unauthorized use or breach in security of your Account immediately after you learn of such unauthorized access or use. We advise frequent changes to the Account password for better security. The automated forget password option works on the assumption that only the account holder has access to the email address on record. In case the user does not have access to the email address, other means of verification may be used including billing/credit card information to verify identity.
No password-protected system of data storage and retrieval can be made entirely impenetrable. User acknowledges that it may be possible for an unauthorized third party to access, view, copy, modify and distribute the data and files stored in Your Account. For maximum privacy and security, we recommend you choose a strong password to protect the data in your Account and never give this password out to anyone.
Encryption System
StockPile IT supports 256-bit AES data encryption before transmission from your computer using either (i) a default key or (ii) an optional user defined private key created by you. Based on your privacy and security needs, you need to make an appropriate encryption key choice. This encryption process encrypts the data contained within the file and not the file-name itself.
7. Multiple Computers
Upon setup, the main account holder will be provided a username and password. An email will be sent to the User with this login information. StockPile IT also supports the ability to backup an unlimited number of computers to a single account. In order to backup multiple computers, your login information must be replicated on each computer you wish to backup.
PERSONAL AND BUSINESS
StockPile IT ACCOUNTS ARE NOT AUTHORIZED OR LICENSED FOR BULK RESALE. If StockPile IT determines that a personal or business account is being used for resale, StockPile IT reserves the right to immediately suspend that account and will require the account to be reclassified as a reseller account under reseller pricing and terms for the entire period of time personal account space was being resold, otherwise the offending account will be forced to forfeit the account without refund.
8. Third Party Applications
StockPile IT is a Software as a Service (“SaaS”) provider and implements the Services using 3rd party partners. StockPile IT disclaims all responsibility and liability arising out of the use of our applications, and we do not provide any warranties, express or implied, regarding the functionality, use, or performance of any third party applications. User agree’s that by using our applications to access your Account, you are doing so at your own risk. We strongly advise that you only use trusted applications and review the terms provided with third party applications beforehand.
9. Disclaimer of Warranties
The transmission, storage, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AT YOUR OWN RISK. StockPile IT, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. StockPile IT MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.
10. Class Action Clause
User agrees that Class Actions are not allowed and all disputes with StockPile IT must be resolved on an individual basis. User may not bring any claim against StockPile IT as a class member. This includes class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations. Regardless of whether any such dispute, controversy or claim concerns any other individual / entity, multiple individuals / entities, or other persons, classes of individuals, or entities, all cases shall be decided between StockPile IT and the individual only.
11. Limitations of Liability
IN NO EVENT SHALL StockPile IT OR ITS AFFILIATES, AGENTS, ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR (I) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR (II) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN REGARDLESS OF LEGAL THEORY, WHETHER OR NOT StockPile IT HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SERVICES WILL BE LIMITED TO THE GREATER OF $100 OR ANY AMOUNTS PAID BY YOU TO StockPile IT FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
12. Indemnification
User will, as allowable by law, defend, indemnify and hold StockPile IT, our subsidiaries, affiliates, agents, officers, licensor, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (i) your use of your Account and the Services, (ii) any data files and content stored by you in your Account and otherwise on our servers, and (iii) any violation of these Terms by you. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing. You may not settle any claims that limit our rights without our prior written consent.
13. Termination
StockPile IT may, at our option and in addition to other remedies, immediately and without notice terminate these Terms at any time or suspend your access to the Services: (i) if you breach any provision of these Terms; (ii) if we are required to do so by law; (iii) if we cease to offer any services covered by these Terms; or (iv) for any other reason with thirty (30) days prior written notice to you (or sooner if you are flagrantly violating these Terms or are a threat to users or the Services). User may cannot terminate these Terms except by cancelling service with a 30 day notice by email. Should user object to any of these Terms or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately: (a) discontinue use of the Services; and (b) notify us of such termination as described below in paragraph 17. Upon any termination of these Terms, StockPile IT will remove stored data/files in StockPile IT backup and/or StockPile IT sync data files from main storage and archives immediately. Paragraphs 13, 14, 17, 18, 19 and 21 of these Terms (and any other provision that can be reasonably construed to survive termination) will survive termination of these Terms.
14. Notices
Any notice under these Terms given by StockPile IT to user will be deemed to be properly given if sent (i) by email to your email address provided during the Registration process,, or (ii) by a display about the changed information in the Terms on our website. It is important that you maintain a correct working email address and update it if necessary to be able to receive our communications. To ensure proper delivery of email communications, please whitelist ‘@stockpileit.com’ domain in your email spam filter.
Any notice under these Terms provided by you will be deemed to be properly given if received by Customer Service at support@stockpileit.com, except those that are related to cancellation or termination of your Account. ‘Cancel at the end of your term’ is available online by disabling auto-renewal option. For special cases where you’d like to close your account prior to the end of your annual subscription term, please contact our support team. Sending an email to support@stockpileit.com for cancellation is not considered as a cancellation notice for security reasons. On successful cancellation of an account by you or by us, due to various reasons including non-payment for the Services, your data will be removed from our storage servers. We may delay the cancellation related to non-payment for the services and provide a grace period of up to fifteen (15) days from the due date to allow for the customer to arrange for payments.
15. Severability
These Terms will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of the Terms is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (ii) such invalidity or non-enforceability will not affect any other provision of the Terms.
16. Modifications to this Agreement
We may change these Terms from time to time and the most current version will always be posted on our website located at http://www.stockpileit.com/terms-of-use/. User is responsible to check for revision changes so please check this page regularly. Your continued use of the Services after any/all revisions become effective and will constitute your acceptance of such changed terms and conditions. If you do not agree to the new terms, please cancel using StockPile IT services.
17. Illegal Use
StockPile IT servers may only be used for legal and lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: pirated software, pirated movies/media, hackers programs and/r archives, Warez Sites, Mp3s, Adult Content (Pornography) content, Gambling content. Also prohibited are sites that promote any illegal activity or present content that may be damaging to StockPile IT or any other server on the Internet and links to such are strictly prohibited. StockPile IT will be the sole decision maker as to what constitutes a violation of this provision. Users accounts in violation will be immediately suspended and/or terminated at the sole discretion of StockPile IT.
18. Miscellaneous
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY FLORIDA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF ORANGE COUNTY, FLORIDA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.