Terms of Service

Terms of Service Agreement

Last Updated: November 3rd, 2024

1. Introduction

Welcome to the Silver Creek Technologies, Inc. (“Company,” “we,” “us,” or “our”) Terms of Service (“Terms”). These Terms govern your use and access to our websites, services, products, and software (collectively, “Services”), including but not limited to server hosting, networking solutions, and related services described on our website. By accessing or using our Services, you agree to be bound by these Terms, as well as by our Privacy Policy, Acceptable Use Policy, and any other applicable policies (collectively, “Policies”).

Silver Creek Technologies, Inc. is a Delaware corporation, and these Terms are governed by the laws of the State of Delaware. By agreeing to these Terms, you confirm that you are at least 18 years old (or have obtained parental or guardian consent if you are a minor) and possess the legal authority to enter into these Terms on behalf of yourself or any entity you represent. If you do not agree to these Terms, or if you lack the necessary authority, you should immediately discontinue your use of our Services and website.

2. Eligibility and User Responsibility

2.1 Eligibility Requirements

By using our Services, you represent and warrant that you are at least 18 years of age or the legal age of majority in your jurisdiction. If you are under 18, you may only use our Services with the involvement and consent of a parent or legal guardian who agrees to these Terms on your behalf. Additionally, you confirm that you have the authority to enter into this agreement and to be bound by these Terms, either individually or on behalf of any entity you represent.

2.2 User Account Responsibility

You agree to provide accurate, complete, and current information when registering an account with us and to promptly update such information as necessary. You are solely responsible for safeguarding the security and confidentiality of your account credentials, including passwords, and for all activities conducted under your account. You must notify us immediately of any unauthorized use of your account or other security breaches.

2.3 Compliance with Laws and Policies

As a user of our Services, you agree to abide by all applicable laws, regulations, and the provisions set forth in our Policies, including but not limited to our Acceptable Use Policy. You are responsible for ensuring that your use of our Services does not violate any local, state, federal, or international laws. We reserve the right to take action against any account found to be in violation of these requirements, including suspension or termination of the account.

3. Account Creation and Security

3.1 Account Creation
To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep this information up to date. Inaccurate or incomplete information may result in suspension or termination of your account.

3.2 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for any and all activities conducted under your account. You agree to notify us immediately of any unauthorized access to your account or any other security breach. Silver Creek Technologies, Inc. is not liable for any loss or damage arising from your failure to maintain the security of your account.

3.3 Account Activity
You agree that all activities under your account are deemed to have been authorized by you. You are responsible for all usage and transactions conducted under your account, including any that may violate these Terms or applicable laws.

4. Service Description and Modifications

4.1 Description of Services
Silver Creek Technologies, Inc. provides server hosting, networking solutions, and related software and infrastructure services, as detailed on our website. Our Services may include but are not limited to cloud hosting, dedicated servers, and other managed solutions. Service descriptions, specifications, and features may be updated or modified at our discretion to improve quality and functionality.

4.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without prior notice. This may include updates, enhancements, or removal of features. We are not liable for any modification, suspension, or discontinuation of the Services, though we will endeavor to provide reasonable notice for significant changes.

4.3 Service Availability
While we strive to provide uninterrupted access to our Services, you acknowledge that availability may be affected by factors beyond our control, including but not limited to network outages, hardware failures, or maintenance activities. Scheduled maintenance periods will be communicated in advance whenever feasible.

5. User Conduct and Acceptable Use

5.1 Prohibited Activities
By using our Services, you agree not to engage in or promote any unlawful, abusive, or disruptive conduct, including but not limited to:
- Engaging in fraudulent, misleading, or deceptive activities.
- Attempting to hack, exploit vulnerabilities, or otherwise interfere with the security and functionality of our network, servers, or systems.
- Uploading, transmitting, or distributing viruses, malware, or other harmful code.
- Using our Services to infringe upon intellectual property rights or engage in copyright violations.

5.2 User Responsibility for Content
You are solely responsible for any content you upload, transmit, or store using our Services. Silver Creek Technologies, Inc. reserves the right to remove any content that violates these Terms, our Policies, or applicable laws.

5.3 Reporting Violations
If you become aware of any violation of these Terms or our Acceptable Use Policy, you agree to report it to us promptly. Failure to do so may impact our ability to address issues and may be grounds for account review or termination.

6. Payments, Fees, and Billing

6.1 Pricing and Payment Terms
By purchasing or subscribing to our Services, you agree to pay all applicable fees as specified on our website or in any applicable service agreement. All payments must be made in U.S. dollars and are due upon invoicing, unless otherwise specified. Failure to make timely payment may result in the suspension or termination of your account or access to our Services.

6.2 Billing Cycles and Renewal
Billing cycles may vary based on the specific terms of your subscription or service agreement (e.g., monthly, quarterly, or semi-annually). Unless otherwise indicated, Services are automatically renewed at the end of each billing cycle. You are responsible for canceling Services prior to renewal if you do not wish to continue. Silver Creek Technologies, Inc. is not obligated to refund fees for any partial billing cycles upon cancellation.

6.3 Refund Policy
Refunds for Services may be granted if a request is made within two (2) days after the service has been delivered. To initiate a refund, you must contact our billing department via our support ticket system within this timeframe. Setup fees, one-time fees, pre-orders and dedicated servers are non-refundable. Refunds will not be issued for any Services terminated due to violations of these Terms, our Acceptable Use Policy, or any other Company policies. Additionally, initiating a chargeback without first attempting to resolve the issue with us constitutes a violation of these Terms and may result in immediate account termination.

6.4 Late Payments and Fees
If we do not receive payment by the due date, you may be subject to late fees, interest charges, or suspension of Services. We reserve the right to charge interest on overdue amounts. If your account is referred to a collections agency, you agree to bear all associated costs and fees.

6.5 Service Cancellation
You may cancel your Services at any time by accessing our client portal, navigating to your service, and selecting “Cancel.” Upon cancellation, you may choose between an immediate termination of the service or termination at the end of your current billing cycle. Please note that cancellation does not automatically entitle you to a refund unless specified under our Refund Policy.

7. Data and Privacy

7.1 Data Collection and Use
By using our Services, you acknowledge and agree that we may collect, store, and process data as outlined in our Privacy Policy. This may include personal information, usage data, and other information necessary for the effective provision of our Services. We are committed to protecting your privacy and handling your data responsibly.

7.2 User Responsibility for Data
You are responsible for ensuring the security, accuracy, and legality of any data you upload, store, or process using our Services. You must comply with all applicable data protection and privacy laws regarding the data you handle within our Services. Silver Creek Technologies, Inc. assumes no liability for data loss, corruption, or unauthorized access resulting from user actions or omissions.

7.3 Data Retention and Deletion
Upon termination of Services, we may retain data associated with your account for a limited period as required by law or for legitimate business purposes. After this period, we will securely delete or anonymize your data. You may request deletion of your data in accordance with our Privacy Policy; however, some data may be retained as required for regulatory compliance, legal purposes, or as otherwise necessary.

7.4 Data Security Measures
We implement industry-standard security measures to protect your data and maintain the integrity of our Services. However, no security measure is infallible. You agree that you are responsible for additional security measures (e.g., data encryption, backup) to safeguard your data within our Services.

8. Intellectual Property Rights

8.1 Company Ownership
All content, materials, and technology used in or made available through our Services, including but not limited to software, code, graphics, text, logos, and trademarks, are the exclusive property of Silver Creek Technologies, Inc. or our licensors. All rights, title, and interest in and to these materials remain with the Company or its licensors, and nothing in these Terms grants you any ownership or rights to these intellectual property assets.

8.2 License to Use Services
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services solely for your own internal business or personal use, subject to compliance with these Terms. You agree not to reproduce, modify, distribute, sell, or exploit any part of our Services without our prior written consent.

8.3 Restrictions on Use
You may not reverse engineer, decompile, disassemble, or attempt to derive the source code of our Services, except as expressly permitted by applicable law. Any unauthorized use of our intellectual property or breach of these terms may result in the termination of your access to our Services and potential legal action.

9. Customer Responsibilities

9.1 Data Integrity and Backup
You are responsible for ensuring the integrity, security, and accuracy of the data you store or process using our Services. While we may offer certain data protection measures, it is your responsibility to maintain regular backups of your data and to take appropriate steps to protect it.

9.2 Compliance with Laws
You agree to comply with all applicable local, state, federal, and international laws and regulations in connection with your use of our Services. You are solely responsible for ensuring that your use of the Services does not violate any laws or regulations.

10. Third-Party Services

10.1 Third-Party Service Integration
Our Services may integrate with or provide access to third-party services, applications, or content. These third-party services are not under our control, and we are not responsible for their availability, functionality, or accuracy. Your use of third-party services is subject to the terms and conditions of those providers.

10.2 Liability for Third-Party Services
We assume no responsibility or liability for any third-party services you access or use in conjunction with our Services. Any interactions or transactions between you and third-party service providers are solely between you and the third party, and we are not liable for any loss or damage resulting from such interactions.

10.3 Third-Party Content
Our Services may contain links to or content from third-party websites or services. We do not endorse or guarantee the accuracy or reliability of any content provided by third parties and assume no responsibility for your access to or reliance on such content.

11. Disclaimer of Warranties

11.1 "As Is" and "As Available" Basis
Our Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, Silver Creek Technologies, Inc. disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 No Warranty of Availability or Accuracy
We do not warrant that our Services will be uninterrupted, timely, secure, or error-free, nor do we guarantee the accuracy or completeness of any information or data obtained through the Services. You acknowledge that access to the Services may be subject to interruptions, limitations, delays, or other issues inherent in internet communications.

11.3 No Responsibility for Data Loss
We are not liable for any data loss, corruption, or unauthorized access that may occur during your use of our Services. You assume all risks associated with the use of our Services and agree that we will not be responsible for any damages arising from such risks.

12. Limitation of Liability

12.1 Limitation on Damages
To the fullest extent permitted by law, Silver Creek Technologies, Inc. and its affiliates, officers, employees, agents, licensors, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, incurred by you or any third party arising out of or related to your use of or inability to use our Services, regardless of the nature of the claim.

12.2 Cap on Liability
In no event shall the total liability of Silver Creek Technologies, Inc. and its affiliates exceed the amount you have paid to us in the twelve (12) months preceding the claim. This limitation applies to all causes of action, whether in contract, tort, or otherwise.

12.3 Acknowledgment of Risk
You acknowledge and agree that the limitations of liability contained in this Section are a fundamental basis of the bargain between you and Silver Creek Technologies, Inc. and reflect a fair allocation of risk, and that without such limitations, the pricing and availability of our Services would be materially different.

13. Indemnification

13.1 Your Obligation to Indemnify

You agree to defend, indemnify, and hold harmless Silver Creek Technologies, Inc., its affiliates, officers, employees, agents, licensors, and partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of our Services;
- Any violation of these Terms, the Acceptable Use Policy, or any other policy by you or your authorized users;
- Any violation of any rights of a third party, including but not limited to intellectual property or privacy rights;
- Any breach of applicable law or regulation.

13.2 Defense and Settlement
We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate as reasonably required in defending any claim and may not settle any claim without our prior written consent.

14. Termination

14.1 Termination by User
You may terminate your use of our Services at any time by following the cancellation procedures outlined in your account settings or by contacting our support team. Termination does not relieve you of your obligations to pay any outstanding fees.

14.2 Termination by Silver Creek Technologies, Inc.
We reserve the right to suspend or terminate your access to our Services at any time, with or without cause, and with or without notice, if we determine that you have violated these Terms, our Acceptable Use Policy, or any other applicable policy, or if your conduct could harm our business, reputation, or users.

14.3 Effects of Termination
Upon termination, your right to access and use our Services will immediately cease, and any data associated with your account may be deleted in accordance with our data retention policies. You remain liable for any fees or charges incurred prior to termination, and these Terms will continue to apply to any outstanding obligations.

15. Dispute Resolution and Governing Law

15.1 Governing Law
These Terms and any disputes arising from or related to them or your use of our Services shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

15.2 Mandatory Arbitration
Any disputes, claims, or controversies arising out of or relating to these Terms or the use of our Services that cannot be resolved through informal negotiation shall be resolved by binding arbitration in Delaware. The arbitration will be conducted by a single arbitrator under the rules of the American Arbitration Association (AAA) in effect at the time. Each party will bear its own costs in the arbitration.

15.3 Waiver of Class Actions
You agree to resolve any disputes on an individual basis and waive the right to participate in a class, collective, or consolidated action. Arbitration will only be conducted on an individual basis, and class arbitrations, class actions, or other representative actions are not permitted.

15.4 Exceptions to Arbitration
Nothing in this Section shall prevent either party from seeking injunctive relief or other equitable remedies in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights.

16. Amendments and Updates

16.1 Right to Modify Terms
Silver Creek Technologies, Inc. reserves the right to update, amend, or modify these Terms at any time. Changes will be effective immediately upon posting the updated Terms on our website. It is your responsibility to review these Terms periodically. Continued use of our Services after any modifications indicates your acceptance of the updated Terms.

16.2 Notification of Changes
We will make reasonable efforts to notify you of significant changes to these Terms, either through a notice on our website or by email. However, it is your responsibility to stay informed about the latest version of these Terms.

17. Subpoenas

17.1 Requesting Information
To issue a subpoena, warrant, or similar request, please contact [email protected] first to discuss; requests from outside the U.S. should consult the U.S. Department of Justice, Office of International Affairs. All requests must be mailed to Silver Creek Technologies, Inc., ATTN: Subpoena, 1209 Orange St, Wilmington, DE 19801, USA, with a copy sent to [email protected]. If in-person delivery is required, email us for guidance. We do not accept phone or fax requests; all requests must be in writing via mail and email.

17.2 Civil Subpoenas
All civil subpoena requests must include payment to cover compliance costs before information is delivered. Our fee schedule is: Research - $200/hour; Delivery (via UPS/FedEx) - billed at cost; Copies - $0.50/page; Optical media - $20/disc; Bank/Wire Transfer Fees - Court Research Costs. Applicable taxes apply. We accept credit card or bank transfer as payment.

18. Miscellaneous Provisions

18.1 Entire Agreement
These Terms, along with any referenced Policies, constitute the entire agreement between you and Silver Creek Technologies, Inc. regarding your use of our Services and supersede any prior or contemporaneous understandings, agreements, or representations, whether written or oral.

18.2 Severability
If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect, and the invalid provision will be replaced with a valid provision that best reflects the intent of the original.

18.3 Waiver
The failure of Silver Creek Technologies, Inc. to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will only be effective if it is in writing and signed by an authorized representative of the Company.

18.4 Assignment
You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Silver Creek Technologies, Inc. We may assign or transfer these Terms without restriction, including to any successor or acquirer of our business or assets.

19. Contact Information

If you have any questions or concerns regarding these Terms or our Services, please contact us at:

Silver Creek Technologies, Inc.
1209 Orange St
Wilmington, DE 19801
United States

Email (general inquiries): [email protected]
Email (legal inquiries): [email protected]
Email (privacy inquiries): [email protected]
Email (abuse inquiries): [email protected]