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Terms and Conditions of Service

1. DEFINITIONS

In these Terms and Conditions of Service ("Terms"):

  • "Sailstack" refers to Sailstack LLC and its affiliates
  • "Customer" refers to any person or entity purchasing services from Sailstack
  • "Services" refers to domain name resale, website hosting, design services, email services (Google Workspace), and any related services offered by Sailstack
  • "Order" refers to a service order submitted by Customer

2. ACCEPTANCE OF TERMS

2.1. These Terms govern all provision of Services by Sailstack to Customer. By placing an Order, Customer accepts and agrees to these Terms.

2.2. For website design services, additional terms may be specified in a separate design contract, which shall take precedence over these Terms where applicable.

3. SERVICES AND PRICING

3.1. All Orders are subject to acceptance by Sailstack. Sailstack reserves the right to reject any Order at its sole discretion.

3.2. Prices for Services shall be as specified in Sailstack's current price list or as otherwise quoted to Customer. All prices are subject to change upon notice.

3.3. Domain name availability and registration are subject to third-party registrar policies and availability. Sailstack does not guarantee the availability of specific domain names.

3.4. Email services (Google Workspace) are subject to Google's terms of service in addition to these Terms.

4. PAYMENT TERMS

4.1. Payment terms are net 30 days from the date of invoice, unless otherwise specified in a separate design contract or service agreement.

4.2. Sailstack reserves the right to suspend Services for accounts with overdue payments.

4.3. Sailstack reserves the right to charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less.

4.4. Customer shall pay all collection costs, including reasonable attorney's fees, incurred by Sailstack in collecting past due amounts.

5. SERVICE DELIVERY AND ACTIVATION

5.1. Service activation times are estimates only. Sailstack shall make reasonable efforts to activate services promptly upon order acceptance.

5.2. Website hosting and email services will be activated upon confirmation of payment and completion of necessary setup requirements.

5.3. Domain name transfers are subject to registrar policies and may require additional verification or documentation.

6. DOMAIN NAME TERMS

6.1. REGISTRATION AND TRANSFERS

  • Customer acknowledges that domain name registration and transfer services are provided through third-party registrars
  • Domain transfers may require authorization codes, email verification, or other documentation from the current registrar
  • Sailstack cannot guarantee the successful transfer of domain names due to factors outside our control
  • Customer is responsible for responding to transfer authorization requests in a timely manner

6.2. RENEWAL AND EXPIRATION

  • Domain names must be renewed before their expiration date to avoid service interruption
  • Sailstack will attempt to notify Customer of upcoming domain expiration but is not liable for failed notifications
  • Customer acknowledges that expired domains may be subject to deletion and public re-registration
  • Recovery of expired domains may incur additional fees

6.3. DOMAIN MANAGEMENT

  • Customer is responsible for maintaining accurate WHOIS information
  • Changes to domain nameservers or DNS records may take up to 48 hours to propagate
  • Sailstack is not responsible for any service interruptions during DNS propagation periods

6.4. SERVICE AVAILABILITY

  • Sailstack will make commercially reasonable efforts to maintain service availability
  • Scheduled maintenance will be communicated to customers when possible
  • Support services are available during normal business hours, Eastern Time

7. LIMITATION OF LIABILITY

7.1. SAILSTACK'S TOTAL LIABILITY ARISING FROM OR RELATING TO THESE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE SERVICES GIVING RISE TO THE CLAIM.

7.2. IN NO EVENT SHALL SAILSTACK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF PROFITS.

8. INTELLECTUAL PROPERTY

8.1. For website design services, ownership of design elements shall be as specified in the design contract.

8.2. Customer retains ownership of their content and data.

8.3. Customer shall not reverse engineer or attempt to bypass any service restrictions or security measures.

9. CONFIDENTIALITY

9.1. Customer shall maintain the confidentiality of any proprietary information disclosed by Sailstack.

9.2. Sailstack shall protect Customer's confidential information and comply with applicable data protection laws.

10. SERVICE TERMINATION

10.1. Either party may terminate services upon 30 days written notice.

10.2. Sailstack may terminate services immediately for violation of these Terms or non-payment.

10.3. Customer is responsible for backing up their data prior to service termination.

11. GOVERNING LAW AND JURISDICTION

11.1. These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, United States, without regard to its conflict of laws principles.

11.2. Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Maryland.

12. MODIFICATION OF TERMS

12.1. Sailstack reserves the right to modify these Terms at any time.

12.2. Any modifications shall be effective immediately upon posting on Sailstack's website or notification to Customer.

13. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. ACCEPTABLE USE

14.1. Customer agrees not to use Sailstack's services for any unlawful purpose, including but not limited to:

  • Sending spam or unsolicited bulk email
  • Hosting malware or phishing content
  • Copyright infringement
  • Distribution of illegal content
  • Network abuse or security violations

14.2. Violation of acceptable use policies may result in immediate service termination.

15. DATA BACKUP AND SECURITY

15.1. While Sailstack maintains regular backups of hosting infrastructure, Customer is responsible for:

  • Maintaining their own backups of website content
  • Securing their account credentials
  • Managing their email data
  • Backing up any custom configurations

15.2. Sailstack is not liable for data loss resulting from:

  • Customer error
  • Account compromise due to weak passwords
  • Failed backup restoration
  • Third-party service interruptions

16. BILLING AND RENEWALS

16.1. AUTOMATIC RENEWAL

  • Services will automatically renew unless cancelled
  • Renewal notices will be sent to the account email address
  • Customer is responsible for maintaining current payment information

16.2. PRICE CHANGES

  • Service prices may be adjusted upon renewal
  • Notice will be provided at least 30 days before renewal
  • Customer may cancel services before the new price takes effect

17. DESIGN SERVICES

17.1. Website design services are governed by separate design contracts that specify:

  • Project scope and deliverables
  • Payment schedule and milestones
  • Revision processes
  • Content requirements
  • Final deliverable formats

17.2. Customer retains ownership of custom design elements unless otherwise specified in the design contract.

18. THIRD-PARTY SERVICES

18.1. Customer acknowledges that certain services are provided through third-party vendors:

  • Domain registration through authorized registrars
  • Email services through Google Workspace
  • SSL certificates through certificate authorities
  • Other integrated services as needed

18.2. These services are subject to the third-party providers' terms and conditions in addition to these Terms.

19. FORCE MAJEURE

19.1. Neither party shall be liable for any failure or delay in performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to:

  • Natural disasters or severe weather events
  • War, terrorism, or civil unrest
  • Cyber attacks or security breaches
  • Internet or telecommunications failures
  • Power outages
  • Government actions or restrictions
  • Public health emergencies
  • Labor disputes or strikes

19.2. The affected party shall:

  • Promptly notify the other party of the force majeure event
  • Take reasonable steps to minimize the impact
  • Resume performance as soon as practicable

19.3. If a force majeure event continues for more than 30 days, either party may terminate affected services upon written notice.

20. DISPUTE RESOLUTION

20.1. INFORMAL RESOLUTION

  • Parties agree to attempt good-faith resolution of disputes through direct negotiation
  • Either party may initiate dispute resolution by written notice
  • Parties shall meet within 15 days of notice to discuss resolution

20.2. MEDIATION

  • If informal resolution fails, parties agree to participate in mediation
  • Mediation shall be conducted in Maryland by a mutually agreed mediator
  • Costs of mediation shall be shared equally unless otherwise agreed
  • Mediation must be attempted before litigation unless immediate injunctive relief is required

20.3. LITIGATION

  • If mediation fails, disputes may be resolved through litigation
  • Parties agree to exclusive jurisdiction of Maryland courts
  • The prevailing party shall be entitled to reasonable attorney's fees

20.4. CLAIMS PERIOD

  • Claims must be brought within one year of the event giving rise to the claim
  • Claims not brought within this period are permanently barred

21. ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, whether written or oral.

Last updated: December 27, 2024