Terms of Service
Revision #2
These Terms of Service ("Terms") govern your use of the servers, networks, infrastructure, websites, and mobile applications (collectively, the "Services") operated by Slicie ("we", "us", "our"), and are entered into by you and Slicie LLC, an Arizona corporation ("Slicie"). This Agreement applies to all visitors, users, and others who access the Service (each, hereafter, a "user"). In the context of these terms, "SLICIE" or "WE" refer to our company, its employees, subcontractors, and automated systems. "You" and the "user" refer not just to the owner of an account or the head of your organization, but anyone interacting with our Services on your behalf, such as, but not exclusively, your employees, developers, or subcontractors. You also agree to be bound by these terms for how software behaves when using our Services.
Privacy Policy
By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use and disclosure of your personal information in accordance with our Privacy Policy.
Third Party Software
You acknowledge that Services provided by Third Party Providers, such as Linux distributions (such as Ubuntu, and CentOS), applications (such as WordPress, Magento, and cPanel), and interfaces (such as NoVNC for accessing your server, and "filebrowser" for backups) that we provide access to our provide through "disk images", are provided by third-party organizations not directly associated with Slicie. You acknowledge that Slicie does not supervise, direct, or control the performance of Services provided by Third Party Providers to you or for your benefit. We provide 3rd party Services as a convenience, and offer you guarantee to the quality of their Service.
Prices in US Dollars
Unless explicitly indicated otherwise, all costs are in US Dollars. For instance, we may charge "$25", which is 25 USD.
Free Trial
Individuals who have never used Slicie before are eligible for a two-month free trial. To prevent multiple free trial periods, we require a verified unique email address and phone number. In the event of ineligibility, we reserve the right to terminate the trial at our discretion. The trial is calculated based on calendar months, meaning it ends two months from the start date, regardless of the number of days in between.
The free trial is capped at a total value of $250. We will calculate and notify participants of their usage costs during the trial to provide insight into their potential bill outside of the trial. If the $250 value is exceeded, the trial will end, and standard billing methods will apply.
Billing for Usage
Slicie bills monthly, with a 30-day month assumption. Resource pricing is rounded for ease of calculation and includes:
- 1 vCPU/CPU/Core: $1/month
- 1 GiB RAM/Memory: $1/month
- 10 GiB NVME/Storage: $1/month
- 1 IPv4 Address: $1/month
- 100 GiB Outbound Network Transfer: $1
vCPUs, RAM, and NVME are billed on a daily basis based on the concept of "over usage". Slicie provides automatic scaling, allowing you to use more resources than you are paying for. "Over usage" refers to the additional quantity and time that you use a resource beyond what you are already invoiced for.
For example, if you are paying for 9 GiB of RAM and using 11 GiB of RAM, you are "over using" 2 GiB of RAM. After one hour of "over usage" for a resource, you will be invoiced for that resource. In this case, the "over usage" is 2 GiB (11 - 9), so it would only take 30 minutes of "over usage" to result in an invoice for the next 1 GiB of RAM.
Going forward, you would be invoiced for 10 GiB of RAM and using 11 GiB of RAM, so your "over usage" would then be just 1 GiB of RAM. After one hour of continued usage, the 11th GiB of RAM would be invoiced. This ensures that you are only invoiced for the actual level of usage, eliminating any "over usage".
IPv4 addresses are billed based on the amount of time they are assigned, adjusted for a 30-day month.
Outbound Network Transfer is invoiced $1 after exceeding 100 GiB of data transfer. When a billing statement is generated, the prorated cost is calculated. For instance, 45 GiB of data transfer is invoiced as $0.45.
Acceptable Use of Services
Slicie primarily provides Services in the form of web hosting, such as "infrastructure as a Service". You agree to use our Services in a way that is acceptable to Slicie. The requirements for the Terms are outlined below.
You may not use Slicie to do any of the following:
- Intentionally harm other users on our infrastructure.
- Originate any attack of any kind against anyone. For instance, you may not execute a "denial of Service" attack on any network or any infrastructure.
- Send SPAM e-mails
- Circumvent the laws in Slicie's jurisdiction (Maricopa County, Arizona, United States). For instance, you may not host child pornography.
- Attempt to defeat the security of anyone's property or Services.
- Intentionally violate the copyrights and intellectual property of others. For instance, you may not run a website (or any Service, like FTP) that gives away movies you do not own the copyrights to. See "Copyright and Trademark Policy" below in these Terms.
Scope of Your Responsibility
You are responsible for maintaining the security and integrity of all software you run on our Services.
Refusal of Service
Slicie reserves the right to refuse you Service for any reason, including in situations where you are already consuming Services from Slicie. In particular, if you are utilizing our web hosting infrastructure, but we reserve the right to suspend or terminate Services at any time. There are examples of why we might take such action contained in these Terms, such as "Copyright and Trademark Policy", "Acceptable Use of Services", "Chargebacks and Disputes".
"Abuse" of Slicie's staff
In particular, if your interactions with our staff are determined, at Slicie's discretion, to be offensive, threatening, belittling, aggressive, racist, discriminating, or otherwise "abusive", we may refuse to provide you with further communications, or Services in general.
We are here to help you, but our team are made up of people just like you.
"Abuse" of Slicie's infrastructure
If you are actively taking action in such a way that knowingly harms our infrastructure, we may suspend or terminate your Services at our discretion. In the event that you seem unaware that your actions are harmful, we may attempt to notify you before impacting Services.
With that said, we've spent a huge amount of effort to ensure that it is practically impossible to abuse our infrastructure, so this is not something a typical user of our Services should be concerned with.
Non-Payment
We may also suspend or terminate Services for accounts that do not make timely payments or are in a past-due state. We may also refuse to meet a level of Service based on your "credit worthiness", deemed by our experience dealing with you in the past. For instance, we may refuse to allow your Services to "scale" to a point where you will owe many thousands of dollars, if we do not believe you are likely to pay for those Services in the future. In those situations, we will likely make a "non-scheduled" invoice (one not made at a typical interval each month), hoping to avoid suspending Services by limiting our financial risk.
You should backup your data outside off of our Services
We put in a tremendous effort to ensure the integrity of your data; however, you should keep your own backups off of our infrastructure. We simply want to reiterate the best practice, which is not to depend on any one organization for your data.
Cancellation & Termination of Services
You can stop using our Services at any time.
If you currently have a product or Service with a cost associated with it ("paid Services"), you must notify us of your desire to end your Service. You may cancel your paid Services through our "customer portal", which is accessible through our website. If you are unable to cancel your Services through our customer portal, you must notify us of your intention to cancel your server by contacting us. If you are consuming a paid Service, you may still owe money to Slicie. You may terminate your Services with us to prevent further accumulation of costs, but you agree to pay any due balance on your account. We generate invoices for Services rendered in the past, so we may still generate an invoice for rendered Services that were previously un-invoiced. You still agree to pay for Services provided before your termination, including when an invoice is generated for those Services after your termination of the associated Service.
Third-party Products and Content
You agree that Slicie does not assume responsibility for any products, content, Services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services, nor does Slicie assume responsibility for your interactions with any Third Party Provider (including an "image" provided by Slicie for use on your server). If you purchase, use, or access any such products, content, Services, advertisements, offers, or information through the Services or you engage with any Third Party Provider, you agree that you do so at your own risk and that Slicie will have no liability based on such purchase, use access, or engagement.
In particular, although Slicie provides the ability to easily use certain operating systems, applications, and control panels, Slicie does not assume any responsibility for the quality of those things or guarantee their quality or functionality.
Services provided "AS-IS"
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SLICIE DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, SLICIE MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SLICIE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU. THE SERVICES, WEBSITE, AND SOFTWARE ARE SUBJECT TO PERIODIC CHANGES, WHICH MAY BE MADE AT ANY TIME AND WITHOUT NOTICE TO YOU.
SLICIE DOES NOT GUARANTEE THAT THE SERVICES, WEBSITE, SOFTWARE, HARDWARE, INFRASTRUCTURE WILL OPERATE WITHOUT ERRORS OR THAT THE SERVICES, WEBSITE, AND SOFTWARE ARE FREE OF MALWARE AND IMPERVIOUS TO INTRUSION, OR THAT DATA MAY BE UNINTENTIONALLY DISCLOSED. YOU AGREE THAT SLICIE WILL NOT BE RESPONSIBLE FOR ANY ECONOMIC COSTS RELATING TO YOUR USE OF THE SERVICES, WEBSITE, SOFTWARE, HARDWARE, OR INFRASTRUCTURE.
YOU AGREE THAT NEITHER SLICIE NOR ITS AFFILIATES, RETAILERS, LICENSORS, SUPPLIERS, OR NETWORK PROVIDERS ARE RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY THIRD PARTY PROVIDER. NEITHER SLICIE NOR ITS AFFILIATES, RETAILERS, LICENSORS, SUPPLIERS, OR NETWORK PROVIDERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDER.
If you have a dispute with one or more Third Party Providers, you agree to release Slicie (including Slicie’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other jurisdictions), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her must, would have materially affected his or her settlement with the debtor or released party.”
U.S. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Slicie and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from: (i) your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation; (ii) any third party’s access or use of the Services using your Slicie user account; or (iii) any dispute or issue between you and any third party, including without limitation any Retailer or other Third Party Provider.
Disputes & Arbitration
Following the specifics below, you agree that we can choose a 3rd party organization to function as an arbiter for a legal dispute. This is intended to avoid significant legal costs and delays associated with the more traditional court system. Before initiating proceedings against Slicie, you agree to contact Slicie first and attempt to work out any such dispute amicably.
This Section, "Disputes & Arbitration" applies to and governs any dispute, controversy, or claim between you and Slicie that arises out of or relates to: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Services, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Services, including any goods or Services purchased or sold through, by, or using the Services; or (d) any other aspect of your relationship or transactions with Slicie as a consumer.
Mandatory Arbitration
If you and Slicie are unable to work out a solution to a dispute, both you and Slicie agree to resolve through binding arbitration, rather than in court, any dispute, controversy, or claim arising at any time out of or relating to: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (ii) access to or use of the Services, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Services, including any goods or Services purchased or sold through, by, or using the Services; or (iv) any other aspect of your relationship or transactions with Slicie as a consumer.
Notwithstanding this mandatory arbitration provision, (a) you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis, and (b) you and Slicie each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of a party’s intellectual property rights.
This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms.
The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), governs the interpretation and enforcement of this Arbitration Agreement and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to this Arbitration Agreement, then that issue shall be resolved under and governed by the law of the claimant’s state of residence.
TRIAL BY JURY WAIVER:
BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND Slicie ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
CLASS, COLLECTIVE, REPRESENTATIVE ACTION WAIVER:BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND SLICIE ARE EACH WAIVING THE RIGHT TO BRING, JOIN, OR PARTICIPATE IN, EITHER AS A PLAINTIFF OR CLASS MEMBER, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO ACKNOWLEDGE AND AGREE THAT, UNLESS YOU AND SLICIE OTHERWISE AGREE IN WRITING, ANY ARBITRATION OF ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU FURTHER ACKNOWLEDGE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY IN YOUR FAVOR AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY YOUR INDIVIDUAL CLAIM(S), AND ANY RELIEF AWARDED CANNOT AFFECT OTHER SLICIE USERS. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION.
Controlling Law
To the extent permitted by applicable law, these Terms will be governed by the laws of the State of Arizona for residents of the United States, without respect to its conflicts of laws principles, except the Arbitration Agreement, which is governed by the laws outlined in "Aribtration Agreement" of these Terms. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to "Arbitration Agreement" of these Terms shall be brought exclusively in the federal or state courts of Maricopa County, Arizona, USA, for the residents of the United States, and you and Slicie consent to the personal jurisdiction of those courts.
Entire Agreement & Severability
These Terms, subject to any amendments, modifications, or additional agreements you enter into with Slicie, shall constitute the entire agreement between you and Slicie with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
To provide an example, if your local jurisdiction's laws dictate that a small portion of our Terms cannot be enforced, you agree that only that smallest portion of our Terms will be invalid. You agree to still be bound by the Terms, excluding that portion found to be invalid.
No waiver
Slice's failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole. In particular, you as the user, may likely fail to comply with the individual specifics of these Terms. We likely will continue to provide Services as long as it appears you are trying to comply in "good faith". Although we will not necessarily enforce these Terms at one moment, we may do so in the future. Your failure to abide by these Terms, in combination with our failure to enforce these Terms, does not void these Terms or stop us from enforcing these Terms in the future.
Assignment
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Slicie may assign its rights, licenses, and obligations under these Terms without limitation.
Changes of Terms
Slicie is a new company, and we will likely change our Terms numerous times in the future to adapt to changes to our policies. We will maintain previous versions/revisions of these terms on its website, found at this same URL. At our discretion, we will contact you about changes to our terms. If want to receive notifications about any update to our Terms, you must opt-in to receive those notifications within our customer portal.
Copyright and Trademark Policy
Slicie respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act (DMCA) and other relevant laws. We understand that users of Slicie, particularly those interested in Services related to hosting content, have a specific interest in the policies we have towards content that might be disputed through copyright claims.
It is expensive to deal with DMCA "take down requests", as our team first attempts to verify that it is a legitimate request before involving you. We are also responsible for ensuring that you comply with the request. For those reasons, we reserve the right to suspend any Services provided to you, at our sole discretion and without notice, when you repeatedly infringe copyrights or other intellectual property rights. Beyond suspending Services, under more extreme examples of intellectual property abuse, we reserve the right to terminate your Services entirely. It is not our desire to inconvenience our users, but users who repeatedly infringe the copyrights and intellectual property rights of others become too great of a burden for our business, which negatively impacts all of our customers.
If you are a copyright owner, and you believe our Services have infringed upon copyright rights or intellectual property, you can reach us using the contact information provided below. The Digital Millennium Copyright Act has specific requirements for you as the copyright owner. You can find a general overview of this process on nolo.com.
Attention: DMCA
18521 E Queen Creek Rd. #105-206
QUEEN CREEK ARIZONA 85142
dmca@slicie.com
In order to provide a valid request in accordance with the Digital Millennium Copyright Act, you should (and may be explicitly required to) follow the following expectations:
- An electronic of physical signature of a person authorized to act on behalf of the owner of the copyright.
- The contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address. We will respond to your request with that information.
- A claim that the infringing material is currently present on one of our Services, with a description of how we can locate that material. It is helpful to provide a "screen capture" showing the copyright material. If the material is hosted on a website, please provide us with a URL.
Copyright and Trademark Policy for content you place on our infrastructure
You must own the copyright to any content that you upload or transmit to our infrastructure. We are required to abide by the Digital Millennium Copyright Act, and we will enforce its terms.
You agree to actively participate in a copyright dispute, and take appropriate action to resolve a copyright dispute. You can read what you will generally be expected to do on nolo.com, which has a useful article detailing the specifics. If you do not comply with a copyright dispute, we reserve the right to suspend or terminate Services.
Legal Contact
If you have any questions, or comments about these Terms please contact Slicie at:
Attention: LEGAL
18521 E Queen Creek Rd. #105-206
QUEEN CREEK ARIZONA 85142
legal@slicie.com
We do retain the Services of a law firm dealing with intellectual property as well as business litigation. When appropriate, we may refer you to our attorneys with that law firm. To keep costs lower, we will deal with most issues, such as DMCA requests, with non-lawyer team members.
No children 13 years old or younger
Children are prohibited from using our Services if they are 13 years old or younger.
Revisions
Current: Revision 2 - February 12th, 2021