General Terms of Service

Thanks for using our products and services! We don't know all of our customers personally, so these terms keep things clear for everyone.

These terms are between you and 521 Dimensions LLC, doing business as Server Side Up ("Server Side Up," "we," "us," or "our").

When we say "Services," we mean what we offer under the Server Side Up brand: our website, educational content, open source projects, digital products, development services, and managed hosting. Our SaaS products have their own terms.

These Terms do contain a limitation of our liability.

We may update these terms in the future. When we make a significant change, we will update the date at the top of this page and let you know through our website or by email. When you use our Services after a change, you are agreeing to the latest terms. Clients on a service plan get more notice, as described in our Services Terms.

Which terms apply to you?

Find what you're using below to see which terms apply.

If two of these disagree, your quote or order from us comes first, then the terms for what you bought, then these General Terms.

Account terms

1. You are responsible for keeping your account and password secure. We can't be liable for any loss or damage caused by your failure to do so.
2. You may not use the Services for any illegal or unauthorized purpose.
3. You are responsible for all content posted and activity that happens under your account.
4. You must be a human. Accounts registered by bots or other automated methods are not allowed.

Use restrictions

Technology is an amplifier: it can enable the helpful and the harmful. You may not use our Services, including apps and sites we host for you, for any of these purposes. If we find out you are, we will take action.

• Child exploitation, sexualization, or abuse: We don't tolerate any activities that create, disseminate, or otherwise cause child abuse. Keep away and stop. Definitely stop.
• Doxing: If you are using our Services to share other peoples' private personal information for the purposes of harassment, we don't want anything to do with you.
• Infringing on intellectual property: You can't use our Services to make or disseminate work that uses the intellectual property of others beyond the bounds of fair use.
• Malware or spyware: Code for good, not evil. If you are using our Services to make or distribute anything that qualifies as malware or spyware, begone.
• Phishing or otherwise attempting fraud: It is not okay to lie about who you are or who you affiliate with to steal from, extort, or otherwise harm others.
• Spamming: No one wants unsolicited commercial emails. We don't tolerate folks (including their bots) using our Services for spamming purposes. If your emails don't pass muster with CAN-SPAM or any other anti-spam law, it's not allowed.
• Violence, or threats thereof: If an activity qualifies as violent crime in the United States or where you live, you may not use our Services to plan, perpetrate, or threaten that activity.

This list isn't complete, and we will add to it over time.

Reporting abuse

See someone using our Services for one of these purposes? Email us and we will investigate. If you're not 100% sure, report it anyway.

Share as much as you're comfortable with about the account, the behavior, and how you found it. A URL or screenshots help a lot. If you need a secure way to send files, ask and we'll send you a link. We will not share your identity with anyone connected to the account you report.

Payment terms

1. Prices are in US dollars unless we say otherwise.
2. Each product page explains how that product is billed.
3. Our fees don't include taxes. You are responsible for any sales tax, VAT, or similar taxes on your purchase, except taxes based on our income.
4. We handle refunds under our Fair Refund Policy and any product page that applies.

Copyright and content ownership

1. All content posted on the Services must comply with U.S. copyright law.
2. We claim no intellectual property rights over the material you provide to the Services.
3. The names, look, and feel of the Services are copyright of Server Side Up. All rights reserved.
4. You may not copy or reuse any part of our website's HTML, CSS, JavaScript, or visual design without our written permission.

Our open source projects are released under the license in each repository's LICENSE file. That license, not these terms, controls how you can use, change, and share that code.

Affiliate links

Some links on our website are affiliate links, which means we may earn a small commission if you buy through them. We only recommend products we use or believe in, and a commission never changes what we recommend.

Privacy

Our Privacy Policy explains what data we collect, why, and who we share it with.

Warranty disclaimer

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR A PRODUCT PAGE THAT APPLIES TO YOU, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

In other words: we work hard on everything we make, but we can't promise it will be perfect or fit your exact needs. The only promises we make are the ones written in our terms.

Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICE THAT GAVE RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM AROSE. THESE LIMITS APPLY WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY. THESE LIMITS DO NOT APPLY TO FEES YOU OWE US, TO EITHER PARTY'S FRAUD OR RECKLESS OR INTENTIONAL MISCONDUCT, OR TO ANY LIABILITY THAT CANNOT BE LIMITED UNDER WISCONSIN LAW.

In other words: if something goes wrong, neither of us owes the other for lost profits, lost data, or other indirect losses. The most either of us can owe for a claim is what you paid us for that service over the last 12 months. These limits don't protect anyone from fraud or deliberate wrongdoing.

Governing law and disputes

These terms are governed by the laws of the State of Wisconsin, without regard to its conflict of law rules. Any dispute will be resolved in the state or federal courts located in Wisconsin, and both parties agree to those courts' jurisdiction.

Before either of us takes legal action, we agree to try to work it out in good faith for at least 30 days.

General provisions

Entire agreement. These terms, the product pages and policies they link to, and any quote or invoice we send you are the entire agreement between us. They replace any earlier agreements on the same subject.

Assignment. You may not transfer your rights under these terms without our written consent. We may transfer these terms to a successor or affiliate with notice to you. If your company is acquired, the new owner takes on your obligations under these terms.

Severability. If a court finds part of these terms unenforceable, the rest stays in effect, and that part is changed only as much as needed to make it enforceable.

Waiver. If we don't enforce part of these terms right away, we can still enforce it later. A waiver only counts if it is in writing.

Force majeure. Neither party is liable for failing to perform because of causes beyond its reasonable control, such as natural disasters, war, terrorism, labor disputes, or government actions. If one of these events lasts more than 60 days, either party may end the affected service with written notice.

Notices. We send notices to the email address you gave us when you bought or signed up. You can send notices to [email protected]. Email notices are effective when delivered.

Questions?

If you have a question about these terms, contact us. Our How to Ask for Help guide covers getting help with our products.

521 Dimensions LLC, doing business as Server Side Up
[email protected]
https://serversideup.net