Terms of Service - MacStadium Community

COMMUNITY PRIVACY POLICY AND TERMS OF USE

This Community provides opportunities to interact with your peers in order to share knowledge, news, and information important to developers. Your participation in the Community is voluntary and is governed by these MacStadium Community Terms of Use, your agreement(s) with MacStadium’s Terms of Service, and MacStadium’s Privacy Policy, including all disclaimers of liability included therein. MacStadium reserves the right to modify or update these Terms at any time in its discretion. Your continued participation in the Community serves as your agreement to such modified or updated Terms. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS OR PARTICIPATING IN ANY PART OF THE COMMUNITY, YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AUTHORIZED TO SIGN FOR, ACCEPT, AND BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU PLAN TO USE THE COMMUNITY; AND (II) AGREE TO BE BOUND BY THESE TERMS.

Definitions

“Agreement” or “Community TOU” means these MacStadium Community Terms of Use and all materials referred or linked to in here.

“Community Content” means all content, including without limitation, language, data, information, and images, provided through, or disclosed by use of the MacStadium Community, whether by us, our customers, or other users of the MacStadium Community. Community Content does not include Your Content.

“Community Guidelines” means the policies applicable to users of the MacStadium Community which we have published at https://community.macstadium.com/faq

“MacStadium Community” means the online community accessible at https://community.macstadium.com/

“Sensitive Information” means credit or debit card numbers; personal financial account information; Social Security numbers; passport numbers; driver’s license numbers or similar identifiers; employment, financial or health information, including any information subject to regulations, laws or industry standards designed to protect data privacy and security, such as the Health Insurance Portability and Accountability Act and the Payment Card Industry Data Security Standards.

“Third-Party Products” means products and professional services that are provided by third parties which may interoperate with or be used in connection with the MacStadium products.

“Third-Party Sites” means third-party websites linked from within, accessed through the MacStadium Community, or domains that host MacStadium Community.

“MacStadium”, “we”, “us” “Company” or “our” means MacStadium, Inc. and our affiliates.

“You” or “your” means the audience, person or entity using the MacStadium Community.

"Your Content” means all content, including without limitation, language, data, information, and images, provided through, or disclosed by use of the MacStadium Community, by you.

Important Terms

These Community Terms of Use (“Community TOU”) are the terms that apply to your use of the MacStadium Community. This Policy includes a number of important provisions that affect your rights and responsibilities, which are incorporated herein. The Community TOU also protects the interests of all of our members, as well as MacStadium’s goodwill and reputation.

Your Conduct and Community Content
Conditions for Use of the Forum

These terms and conditions are so important, and we can only allow you to use the MacStadium Community by you agreeing to the Community TOU. You agree to comply and abide by these terms. Any misconduct on your behalf, MacStadium will enforce these terms and hold you responsible for any violations.

You agree to the following:

You must be at least thirteen (13) years old;
If the Company contacts you directly notifying you that you do not have the authority to use the forum any further, you hereby agree to stop using the forum; and
You must use the forum in accordance with our Acceptable Use and Content Standards.

Acceptable Use

You will use the MacStadium Community for its intended purpose only and will not use it for solicitation or advertising purposes unless we otherwise agree. Your Content should typically relate to inbound best practices, the MacStadium products or their use. The MacStadium Community is meant for public discussion, so you may not disclose or solicit anyone’s private information or disclose confidential information. You are responsible for the use by third parties of any personal information disclosed by you to the MacStadium Community, whether or not you permitted such use. This means that no private or personal information should be exchanged within the MacStadium Community.

You are not permitted to sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right in the MacStadium Community or Community Content. MacStadium may assign your agreement to any affiliate of the Company, any other Company that obtains control of the MacStadium, or any other Company that buys assets of MacStadium related to the forum. Any attempted assignment against these terms has no legal effect.

In addition, and without limiting the other requirements in this Community TOU, you may not (directly or indirectly) use the MacStadium Community with content, or in a manner that is listed out herein:

use the forum that is in violation of any laws;
use or try to use another’s account on the forum without their specific permission;
use the forum that invades another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
contains vulgar, obscene, indecent, or unlawful material;
buy, sell, or otherwise trade in usernames or other unique identifiers on the forum;
send advertisements, chain letters, or other solicitations through the forum, or use the forum to gather addresses or other personal data for commercial mailing lists or databases;
automate access to the forum, or monitor the forum, such as with a web crawler, browser plug-in or add-on, or other computer program that is not a web browser. You may crawl the forum to index it for a publicly available search engine if you run one;
use the forum to create distribution lists in order to send e-mails or any type of communications to newsgroups, or group mail aliases;
falsely imply that you’re affiliated with or endorsed by the Company;
use hyperlinks to insert images or other non-hypertext content within the forum retrieved from other webpages.
attempt to gain unauthorized access to the MacStadium Community, or access the MacStadium Community by any means other than through the interface that we provide to you;
violate the terms of MacStadium’s Acceptable Use Policy;
remove any marks showing proprietary ownership from materials you download from the forum;
revealing and/or showing any part of the forum on other websites with ; </li> <li> disable, avoid, or circumvent any security or access restrictions of the forum; </li> <li> imposing a strain of the forum with unreasonable requests of volumes to the infrastructure , or requesting unreasonable asks designed to impose an excessive load on information systems underlying the forum; </li> <li> damage, disable, overburden, or impair any MacStadium website or interfere with any other party’s use and enjoyment of the MacStadium Community; and </li> <li> impersonating others through the forum; and encouraging or helping anyone violate these terms. </li> </ul> <ol start="3"> <li>Content Standards</li> </ol> <ul> <li> You may not submit content to the forum that is illegal, false, misleading, or fraudulent; </li> <li> You may not submit content that is harmful, threatening, abusive, stalking, offensive, inappropriate, defamatory and/or use hateful conduct to others; </li> <li> You may not submit content to the forum that violates the law by infringing upon anyone’s intellectual property rights or breaches any agreements you have with others; </li> <li> You may not submit content to the forum containing malicious computer code, such as computer viruses or spyware; </li> <li> You may not submit content to the forum as a mere placeholder, to hold a particular address, username, or other unique identifier; and </li> <li> You may not use the forum to disclose information that you don’t have the right to disclose, like others’ confidential or personal information. </li> </ul> <ol start="4"> <li>Enforcement</li> </ol> The Company may investigate occurrences that may implicate any violations of this Agreement, including involving and cooperating with law enforcement authorities and prosecuting users who are involved with violations of these terms. The Company reserves the right to change, redact, and delete content on the forum for any reason. If you believe someone has submitted content to the forum in violation of these terms, contact us immediately via email at <a href="mailto:hello@macstadium.com">hello@macstadium.com</a> <ol start="5"> <li>Your Account</li> </ol> You must create and log into an account to use some features of the forum. To create an account, you must provide some information about yourself. If you create an account, you agree to provide, at a minimum, a valid e-mail address. You are solely responsible for keeping your email address current. You may close your account at any time by e-mailing us at <a href="mailto:hello@macstadium.com">hello@macstadium.com</a>. You agree to be responsible for all action taken using your account, whether authorized by you or not, until you either close your account or notify MacStadium that your account has been compromised. You agree to notify us immediately if you suspect your account has been compromised. You agree to select a secure password for your account and keep it secret. The Company may restrict, suspend, or close your account on the forum according to its policy for handling copyright-related takedown requests, or if the Company reasonably believes that you’ve broken any rule in these terms. <ol start="6"> <li>Your Content</li> </ol> Nothing in these terms gives MacStadium any ownership rights to intellectual property that you share with the forum, such as your account information, posts, or other content you submit to the forum. Nothing in these terms gives you any ownership rights in the Company’s intellectual property, either. Between you and the Company, you remain solely responsible for content you submit to the forum. You agree not to wrongly imply that content you submit to the forum is sponsored or approved by MacStadium. According to these terms there is nothing that obligates the Company to store, maintain, or provide copies of content you submit, and/or to change it. Content you submit to the forum belongs to you, and you decide what permission to give others for it. But at a minimum, you license the Company to provide content that you submit to the forum to other users of the forum. That special license allows MacStadium to copy, publish, and analyze content you submit to the forum. When content you submit is removed from the forum, whether by you or by MacStadium, the Company’s special license ends when the last copy disappears from the Company’s backups, caches, and other systems. Other licenses you apply content to of which you submit, such as Creative Commons licenses, those licenses may continue even after removal. Those licenses may give others, or the Company itself, the right to share your content through the forum again. If others violate the terms who receive your content that you submit to the forum on which you license your content, you agree that MacStadium will not be liable to you for those violations or their consequences. <ol start="7"> <li>Feedback</li> </ol> The Company welcomes your feedback and suggestions for the forum. See the Contact section below to get in touch with us. You agree that MacStadium will be free to act on feedback and suggestions you provide, and that MacStadium will not have any obligation to notify you using your feedback, obtaining your permission to use it or pay you for the use. You further agree not to submit any feedback or suggestions that you believe might be confidential or proprietary, to you or others. <ol start="8"> <li> Term and Termination. </li> <li> Term. This Agreement will apply for as long as you use or maintain a username for the MacStadium Community. Either you or the Company may end the agreement (these terms) at any time by contacting us via email at <a href="mailto:hello@macstadium.com">hello@macstadium.com</a>. When this agreement ends, you will not have permission to use the forum. The following provisions shall survive the end of our agreement: Your Content, Feedback, Your Responsibility, Disclaimers, Limits on Liability, and General Terms. </li> <li> Termination and Suspension. We may terminate this Agreement and/or suspend your access to the MacStadium Community immediately if you: (i) violate any of the terms of this Agreement, (ii) use the MacStadium Community in a way which has or may negatively reflect on or affect us, our prospects, or our customers, or (iii) if we determine it to be necessary or desirable in our sole discretion. We are not obligated to provide you with any of Your Content used in connection with the MacStadium Community after termination. Termination or expiration of this Agreement shall not cause your subscription agreement to be terminated if you have one. </li> <li> Your Representations and Warranties. </li> </ol> You represent and warrant that: (i) your participation in the MacStadium Community will not conflict with any of your existing agreements or arrangements, (ii) you have sufficient rights to share all Your Content with us for our use and with other users of the MacStadium Community, and that you are not violating any confidentiality obligations by submitting Your Content to the MacStadium Community, and (iii) that Your Content does not violate or constitute the infringement of any intellectual property right, right of privacy, right of publicity or other proprietary right. <ol start="10"> <li>Indemnification.</li> </ol> You agree to indemnify, defend and hold harmless MacStadium and its officers, directors, employees, owners, information providers, agents, partners, affiliates, licensees, licensors from and against any and all liabilities, demands, claims, costs, including reasonable attorneys’ fees, incurred by the indemnified parties in connection with any demand, claim, action, suit, or loss due to or arising as a result of any breach by you of these Terms or claims arising from your account or arising out of content you submit, post, transmit, or make available through the Community, your use of the Community, your connection to the Community, your violation of any agreement with MacStadium, or your violation of any rights of any third party. You agree to use your best efforts to cooperate with MacStadium in the defense of any demand, claim, action, or suit. MacStadium reserves the right to assume the exclusive defense of any matter subject to indemnification by you at its own expense. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify MacStadium of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. MacStadium cannot and will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your password and account. <ol start="11"> <li> Disclaimers; Limitations of Liability </li> <li> Disclaimer of Warranties. WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE MACSTADIUM PRODUCTS OR SERVICES, THE MACSTADIUM COMMUNITY, OR THE COMMUNITY CONTENT FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE MACSTADIUM COMMUNITY IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE MACSTADIUM COMMUNITY AND THE COMMUNITY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. </li> </ol> b. No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES, COSTS OF REPLACEMENT PRODUCTS OR SERVICE, OR LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY PART OF THE COMMUNITY OR THE RELIANCE ON ANY INFORMATION CONTAINED ON ANY PART OF THE COMMUNITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MACSTADIUM BE LIABLE FOR DAMAGES RESULTING FROM USE OF ANY PART OF THE COMMUNITY, OR RELIANCE ON THE INFORMATION PRESENTED IN ANY PART OF THE COMMUNITY OR IN CONNECTION WITH ANY PART OF THE COMMUNITY, EVEN IF MACSTADIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL DISCLAIMERS AND LIMITATIONS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS. c. Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, AND WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL NOT EXCEED FIFTY DOLLARS ($50.00). d. Third Party Products and Sites. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS AND THIRD-PARTY SITES THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE MACSTADIUM COMMUNITY TO YOU. <ol start="12"> <li> General Terms. </li> <li> Amendment; No Waiver. </li> </ol> We may update and change any part or all of this Agreement. If we update or change this Agreement, the updated Agreement will be posted at [do we have a link for the Community TOU – it should be inserted here] The updated Agreement will become effective and binding on the next business day after it is posted. When we change this Agreement, the “Last Modified” date will be updated to reflect the date of the most recent version. Your use of the community following any such modification and/or amendment constitutes your agreement is legally binding. We encourage you to review this Agreement on a regular basis and remain in compliance. If you do not agree with a modification to this Agreement, you should not use the MacStadium Community. As an exception and from time-to-time, for updates that contain substantial changes, the Company may contact you via e-mail. MacStadium cannot stress enough that it’s your sole responsibility to have an email address that is current. It is not our responsibility to remind you to edit your account profile regarding your email address, should it change. The Company may also announce updates with special messages or alerts on the forum. <ol start="2"> <li>Applicable Law.</li> </ol> This Agreement shall be governed by the laws of the State of Georgia, without regard to the conflict of the law’s provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Fulton County, Atlanta, Georgia. <ol start="3"> <li>Notices.</li> </ol> Notice shall be sent to the contact address set forth herein (as such may be changed by notice given to the other party) and will be deemed delivered as of the date of actual receipt. MacStadium, Inc. 3525 Piedmont Road, NE Building 7, Suite 700 Atlanta, Georgia. 30305 Attention: Legal To you: [INSERT your address} <ol start="4"> <li>Force Majeure.</li> </ol> Neither party will be responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage; acts of God; electrical, internet, or telecommunication outages that are not caused by the obligated party; government restrictions; or any other events outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event. <ol start="5"> <li>Relationship of the Parties.</li> </ol> Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement. <ol start="6"> <li>Correction of Errors and Inaccuracies.</li> </ol> The Community Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions and to change or update the Community Content and Your Content at any time without prior notice. However, we do not guarantee that any errors, inaccuracies, or omissions will be corrected. <ol start="7"> <li>Severability.</li> </ol> If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. <ol start="8"> <li>Entire Agreement.</li> </ol> This Agreement is the entire agreement between us for the MacStadium Community and supersedes all other proposals and agreements, whether electronic, oral, or written, between us. We object to and reject any additional or different terms proposed by you. <ol start="9"> <li>Survival.</li> </ol> The following sections shall survive the expiration or termination of this Agreement: ‘MacStadium’s Proprietary Rights’, ‘Your Representations and Warranties’, ‘Indemnification’, ‘Disclaimers; Limitation of Liability’, and ‘General’. <ol start="10"> <li>No Licenses.</li> </ol> We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, the MacStadium products and services, our trademarks, or any other property or right of ours. <ol start="13"> <li>Contact</li> </ol> You may notify the Company regarding these terms, and send questions to the Company, via email at <a href="mailto:hello@macstadium.com">hello@macstadium.com</a> <ol start="14"> <li>Changes</li> </ol> The terms of use may be changed at any time by MacStadium as referenced under Section 13. a. Such modification shall be effective the next business day after it is posted encompassing those changes. The Company last updated these terms on January 10, 2024. The Company will post all updates to the forum.