Terms Of Services
 
1. Account Setup.

We will setup your account after we have received payment in full and our payment partner(s) have screened the order(s) in case of fraud. You agree to provide us with an email address which is not at the domain(s) you are signing up under.


2. Product Addon(s) Agreement

You agree that all available free product addons that come with your package are not to be resold. You agree that by failing to add any free available product addon to your order, will automatically disqualify you from getting the free available product addon(s).


3. Content

Services provided by Rack0.com is to be used for lawful purposes. This includes, but not limited to: copyrighted material, material we may judge to be threatening or obscene. You agree to indemnify and hold harmless Rack0.com from any claims resulting from the use of our services.

Examples of unacceptable material on all Shared and Reseller servers:

* MUDs/RPGs/PBBGs
* Hateful/Racist/Harassment oriented sites
* Hacker focused sites/archives/programs
* Sites promoting illegal activities
* Forums and/or websites that distribute or link to warez/pirated/illegal content
* Bank Debentures/Bank Debenture Trading Programs
* Banner-Ad services (commercial banner ad rotation)
* File Dump/Mirror Scripts (similar to rapidshare)
* Commercial Audio Streaming (more than one or two streams)
* Escrow/Bank Debentures
* High-Yield Interest Programs (HYIP) or Related Sites
* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
* Sale of any controlled substance without prior proof of appropriate permit(s)
* Prime Banks Programs
* Lottery Sites
* Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
* Mailer Pro
* Topsites
* IRC Scripts/Bots
* Proxy Scripts/Anonymizers
* Pirated Software/Warez
* Image Hosting Scripts (similar to Photobucket or Tinypic)
* AutoSurf/PTC/PTS/PPC sites
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/Spam Scripts


4. Payment Information


You agree to supply appropriate payment for the service(s) received from Rack0 in advance of the time period during which such services are provided. You agree to pay a late fee charge for failing to make a successful payment on an overdue invoice without giving prior notice.

5. Backups Policy


PLEASE NOTE THAT OUR BACKUP SERVICE IS PROVIDED AS A COURTESY!

We will make every attempt to retain weekly backups. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on regular basis.

Because the services permit users to electronically transmit or upload content directly to the user web site, user shall be fully responsible for uploading all content to the user web site and supplementing, modifying and updating the user web site, including all back-ups.

Account(s) over 5GB in size will not be backed up onto our backup server(s) and in the event of server failure, will not be recoverable. Rack0 shall not be responsible for any damages to the user content, the user web site or other damages. You agree that you are solely responsible for making back-up copies of your contents. Rack0 does not maintain backup copies of user web sites or e-mail. Rack0 cannot guarantee that the contents of a web site will never be deleted or corrupted, or that a back-up of a web site will always be available. users should always copy all content of a web site to a local computer.

You agree to pay a $5.00 administration fee per backup you request to be provided by Rack0. Please note that backups will not be provided for account(s) that have been suspended or terminated for any reason unless otherwise agreed to in writing by Rack0.

You agree to take full responsible for files and or data residing on your account(s).

6. Resource Usage


User may not Use 20% or more of the system resources for any longer than 60 seconds. There are numerous activities that could cause such problems, these include: CGI scripts, FTP, PHP, HTTP, etc.

1. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3. Run any software that interfaces with an IRC (Internet Relay Chat) network.
4. Run any bittorrent application, tracker, or client.
5. Participate in any file-sharing/peer-to-peer activities
6.  Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount, we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month

7. Inodes


The use of more than 40,000 inodes on any account may potentially result in suspension. Account(s) found to be exceeding the 40,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended.

8. Cancellation


We reserve the right to cancel your account without notice and without reason at anytime.

You may cancel your service(s) at any time. Rack0 gives you a 7 day money back conditional guarantee on shared hosting packages, and a 7 day money back conditional guarantee on reseller hosting packages. All refund requests after the 7 days, will be refunded on a prorated basis. Payment made for domain registration will not be refunded.

9. Refund Policy


Accounts cancelled/terminated by Rack0 do not qualify for the 7 day money back conditional guarantee. This also includes accounts suspended for TOS violations, in which the customer decides not to fix the violation.

You agree that if you have any order(s) under your account(s) marked as fraud, you lose your eligibility for a refund. You agree that if you were ever an existing client in the past, you lose your eligibility for a refund. You agree that by opening a dispute, you will lose your eligibility for a refund. You agree that if you use foul langauge towards our staff, you will lose your eligibility for a refund.


10. Price Change

Rack0 reserve the right to change our prices at anytime without prior notice, We also reserve the right to change the amount of resources given to plans at anytime. Contract customers will not be affected by any price change throughout the contract period. The amount you pay for hosting will never increase from the date of purchase.


11. Uptime Guarantee

Rack0 will strive to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by Rack0 monitoring systems or Rack0 authorized/contracted outside monitoring services. If Rack0 fails to meet it's 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Rack0 does not credit a full month's service for minor downtime. This would not be financially healthy for Rack0, and in turn would only negatively affect the service level Rack0 provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Rack0 may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one months service only, never more.

Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Rack0 network caused by or associated with:

Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement Telco Failure (ie...Verizon? cutting a fiber line somewhere) Backbone peering point issues (ie...UUnet? having a router go down in Virginia that wipes out internet service for the entire East Coast) Scheduled maintenance for hardware/software upgrades Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Rack0 utilizes only name brand hardware of the highest quality and performance. Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime) DNS issues not within the direct control of Rack0 Network floods, hacks, attacks from outside parties or individuals Failure or error of any Rack0 monitoring or measurement system Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of Rack0 service(s) in breach of Rack0 Policy and Service Guidelines (AUP), by Client or others authorized by Client.


12. Indemnification

You agree that you shall defend, indemnify, save and hold Rack0.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Rack0.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Rack0.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Rack0.com; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Rack0.com's server.


13. Disclaimer

Rack0.com will not be responsible for any damages your business may suffer. Rack0.com makes no warranties of any kind, expressed or implied for services we provide. Rack0.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Rack0.com and its employees.


14. Changes to the TOS

Rack0 reserves the right to revise its policies at any time without notice.


 
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