Terms of Service

Terms of Service


This is an agreement between you and Rock Silo Data Company: This is an agreement (“Agreement”) between you and Rock Silo Data Company (or, if applicable based on where you live, one of its affiliates) (“the Company”). This Agreement governs your use of the Internet site located at https://RockSilo.com (the “Site”) and any software, service, web site, or web page operated by the Company (collectively with the Site, “the Services”). Use of the Services is available only to individuals or businesses that can form legally binding contracts under applicable law. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. Your use of the website, software or services constitutes your acceptance of the Agreement.

How the Company may modify the Agreement: The Company reserves the right to change the terms, conditions, and notices under which it offers the Services, including any charges associated with the use of the Services. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on the Company’s web site. Your continued use of the Services after the effective date of such changes constitutes your acceptance of and agreement to such changes. Content and Intellectual Property: All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”) contained on the Site is owned, controlled or licensed by or to the Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted.

The burden of proving that any Content does not violate any laws or third party rights rests solely with you. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring via the Services. Company has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. Accounts, Passwords and Security: Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify the Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by the Company or any other user of or visitor to the Site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy policy: The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy can be found at: https://RockSilo.com/privacy The Company’s privacy policy is expressly incorporated into the Agreement by this reference. Use of Software: The Company may make certain software available to you via the Services. If you download software from the Services, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.

All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner. No commercial, unlawful, or harmful use of the Services; System integrity: You will not use the Services for commercial purposes, unless you are an Authorized Reseller. You will not use the Services in any way that is unlawful, or harms the Company, its affiliates, resellers, distributors, service providers and/or suppliers (each, a Rock Silo Data Company Party and collectively, the “Rock Silo Data Company Parties”) or any customer of a Rock Silo Data Company Party, as determined in the Company’s sole discretion. The Company may tell you about certain specific harmful uses in a code of conduct or other notices available through its web site, but has no obligation to do so. Without limiting the generality of this section, you may not use the Services in any manner that could damage, disable, overburden, or impair any element of the Services (or the network(s) connected to the Services) or interfere with any other party’s use and enjoyment of the Services. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services. You may not take any action which imposes an unreasonable or disproportionately large load on the Company’s infrastructure. You may not disclose or share your password or account information with any third parties or use your password or account information for any unauthorized purpose. Submissions: The materials, data, and other information used and displayed in the Services are the property of the Company or its licensors and are protected by copyright, trademark and other laws. In addition to the Company’s and its licensors’ and suppliers’ rights in individual elements of the content within the Services, the Company owns a copyright in the selection, coordination, arrangement and enhancement of such content. Unless the Company has entered into a separate written agreement with you that explicitly states to the contrary, you agree that any information, feedback, questions, comments or the like that you provide to the Company in connection with the Services (“Submissions”) will be deemed to be provided to the Company on a non-confidential and non-proprietary basis and will become and remain the property of the Company. The Company shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that the Company shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. Inappropriate content: You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Services, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

NO WARRANTY, LIMITATION, of LIABILITY THE COMPANY PROVIDES THE SERVICES “AS IS“ AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The Company does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Services may be interfered with by numerous factors outside of its control, including but not limited to telecommunications network disruptions. Nor does the Company guarantee the accuracy, timeliness or completeness of any information in the Services or the results of your use of the Services. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. The Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. If, notwithstanding the other provisions of these Terms of Use, Rock Silo Data Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, the Company’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against the Company, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

*Affiliate sites: The Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither the Company nor the Services has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Services, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, this Agreement shall govern your use of any and all third party content.

Prohibited uses: The Company imposes certain restrictions on your permissible use of the Services. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services or any associated system or network, or to breach security or authentication measures without proper authorization; (c); interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Services; or (g) any other conduct resembling a breach or attempted breach of security or the integrity of this Site. Any violation of system or network security may subject you to civil and/or criminal liability.

Indemnity: You agree to indemnify the Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Services, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Governing law: The Services are controlled by the Company from its offices within the State of Colorado, USA. The laws applicable to the interpretation of the Agreement shall be the laws of the State of Colorado, USA, and applicable federal law, without regard to any conflict of law provisions. The Company makes no representation that the services or the content available via the Services are appropriate for access outside of the United States. Those who choose to access these Services from outside the United States do so at their own initiative and are responsible for compliance with local laws. You agree to submission of any dispute to the state and federal courts of the State of Colorado, city of Denver, USA.

Termination; Access restriction: The Company may terminate the Agreement, or terminate or suspend your access to the Services at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Services will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE COMPANY’S HARDWARE AND/OR USING THE SERVICES MAY NOT BE RETRIEVED LATER, AT THE COMPANY’S SOLE DISCRETION.

Payment, Cancellations and Refunds: By agreeing to this Agreement and purchasing a subscription to the paid version of the Services, you are agreeing to allow the Company to process payment. The account will automatically be charged according to the terms of the account type or services that you select. Further, you grant permission to the Company to charge your credit card or payment service for any and all services you request and any renewals thereof. If the Company is not able to process a payment for your account on the specified processing date, the Company may suspend your account pending a successful payment transaction.

The Company does not make a free version of the Services available. By agreeing to this Agreement and purchasing the Services, you acknowledge that the Company does not offer refunds to its subscribers except in the event of billing errors.

Severability; Assignment; Waiver: If any part of the Agreement is determined to be invalid or unenforceable pursuant to 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 the Agreement will remain unaffected and in full force and effect. The Company may assign the Agreement, in whole or in part, at any time with or without notice to you. You may not assign the Agreement, or assign, transfer or sublicense your rights, if any, as related to the Software. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Entire agreement: Except as expressly stated herein, the Agreement constitutes the entire agreement between you and the Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Services. Section titles: The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

Acknowledgement: By using the Services you acknowledge that you have read this Agreement and agree to be bound by it.