Use of servicesYou acknowledge that UPSTACK is not a colocation or network services provider and does not represent or speak on behalf of any colocation or network services provider. UPSTACK is a data aggregator, and the data provided is for informational purposes only. The Services are in no way a substitute for your own due diligence, and UPSTACK does not guarantee the accuracy or correctness of the information provided. In order to access or use the Services, you may be required to provide current and accurate identification, a username, password and other information. When registering to access or use the Services, you warrant that you are an authorized representative of your organization, and have authority to make decisions and legally bind your organization to adhere to these Terms. You also agree to correctly and truthfully identify yourself and/or your organization (e.g. broker, consultant, buyer, vendor) when registering to use the Services. You are responsible for maintaining the accuracy and completeness of this information and for maintaining the confidentiality of your login information required to use the Services. You will be fully responsible for all activities that occur under your account with UPSTACK, including activities of others to whom you have provided your username or password. Please notify UPSTACK immediately of any unauthorized use of your account or any other breach of security. Certain Services are provided to you free-of-charge. Other Services require payment before you can access them. The type of Services available to you depends on the type of service plan that you or your Commercial Principal have selected. Therefore, certain functionalities of the Site and/or certain Services may not be accessible by or available to you. These additional functions and services may be available to you at an additional cost.
Age and jurisdictionYou must be at least 18 years of age to use the Services, with or without registering. This Site and Services are offered and available to users who are eighteen (18) years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with UPSTACK. If you are eighteen (18) years of age, but reside in a jurisdiction outside the United States and its territories and possessions, you acknowledge and agree that you use the Site at your own risk, and that you agree to be bound by these Terms, regardless of any conflicting provisions applicable in your country of residence. If you are not eighteen (18) years of age or older, or do not agree to be bound by the laws of the United States, you must not access or use the Site or any of the Services offered.
LicenseIf you are eligible to use the Services, UPSTACK grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely under the terms and conditions provided hereunder. Any use of the Services other than as authorized by these Terms is strictly prohibited and will terminate the license granted herein. The technology and software underlying the Services is the property of UPSTACK and/or its licensors (the “Software”). UPSTACK reserves all right, title and interest in and to the Software, except for the limited rights expressly granted in these Terms.
Proprietary RightsUPSTACK and/or its licensors own the Site and the Services, including all software and other technology provided or employed by UPSTACK in connection with the Services, and the contents, design, layout, functions, appearance and other intellectual property comprising the Services, including all copyrights, trademarks, service marks, trade secrets, patents and other intellectual property rights inherent therein or appurtenant thereto. UPSTACK does not grant any licenses to any copyrights, patents, trademarks, trade secrets or other intellectual property rights other than the limited rights to use the Services, as set forth herein and subject to these Terms. The Site may contain also contain intellectual property of Third Party Organizations, including service marks and trademarks. Your use of this Site or the Services does not give you any right or license to use such intellectual property, without the prior written permission of the corresponding intellectual property owner. All rights not expressly granted herein are reserved by UPSTACK. Your use of this Site does not grant you ownership rights of any kind in the Site or Services.
User conductIn using the Services, you agree (i) not to send to UPSTACK or upload onto or through the Site any information unless you have consent to do so; and (ii) that you will not:
- violate any applicable international, country, province, federal or state laws, regulations or rules (collectively, “Laws“) as a result of your use of the Site;
- make any information available to UPSTACK if doing so would violate any applicable Laws, industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, or employer policies or other requirements to which you are bound;
- transmit any information, data, images, or other materials or post any content on the Site that contain vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate, or are unlawful, harmful, threatening, harassing, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another’s right of privacy or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party;
- provide any false personal information on UPSTACK, or create an account for anyone other than yourself without permission;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- violate or attempt to violate the security of any of the Services, including by: logging or attempting to log in to a server or account that you are not authorized to access; testing, scanning, probing or hacking the vulnerability of the Site or any network used by the Site or to breach security, encryption or other authentication measures or attempting to any of the foregoing; or interfering with the Site by overloading, flooding, pinging, mail bombing or crashing it or attempting to do any of the foregoing;
- share your password, permit, authorize or enable anyone else to access your account, or do anything else that could reasonably be expected to jeopardize the security of your account;
- reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, algorithms or any other aspect or element of any portion of the Services;
- “scrape” UPSTACK Information from the Services, or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, bots or robots, avatars or intelligent agents) to navigate or search any portion of the Site, other than through use of the search engine and search agents available from UPSTACK on the Site and generally available to third party web browsers (e.g., Mozilla Firefox, Google Chrome, Apple Safari and Microsoft Internet Explorer); or
- harvest or collect UPSTACK Information, email addresses or other contact information of other users from the Site or any Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
Additional restrictions / obligations
- You may not collect, develop or derive for commercial sale any data in any form that incorporates or uses any UPSTACK Information.
- You may not modify, copy, distribute, download for storage on a hard drive or any other storage media, display, use, publish, license, create derivative works from, transfer or sell any UPSTACK Information.
- You shall: (i) provide true, accurate, current and complete information about yourself when entering your information on the Site and when communicating with Third Party Organizations; and (ii) maintain and update this information to keep it true, accurate, current, and complete.
- You shall abide by all copyright notices or restrictions contained in any content accessed through the Site.
- You may not under any circumstances publish, copy, distribute, share with third parties or make public in any form any information regarding the Third Party Services or Third Party Organizations, including pricing information, location of the third party supplier or its facilities, availability of Third Party Services or service levels, no matter how obtained (whether through the Services or directly from the Third Party Organizations).
- You agree to hold any Confidential Information (as defined below) you obtain as a result of using this Site in confidence and, unless required by law, not to make the Confidential Information available to any third party or to use the Confidential Information for any purpose other than the business activities for which you were given access to the Confidential Information. You agree to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by you, your employees, your employer or agents in violation of these Terms. For purposes of these Terms, “Confidential Information” means any and all proprietary information labeled as “confidential” or which a reasonable person would know constitutes proprietary or sensitive information, including but not limited to, communications between you and another user, pricing information, business plans, financial reports, customer lists and other customer information, descriptions of colocation centers, and marketing plans.
- You agree that aspects of this Site, including the specific information regarding business needs of a customer and pricing information of a vendor constitute trade secrets of the person providing such information, and shall implement reasonable security measures to protect such trade secrets