Terms Of Services

The use of services from Rack0 hereafter referred to as "Rack0" constitutes agreement to these terms. You may view our Privacy Policy here.

1. Account Setup
After we have received first payment and our payment partners has screened the order incase of fraud. It will be your responsibility to provide us with an email address which is not at the domain you are signing up with. If there ever is an abuse related issue, we will need to contact you. The primary email address on file will be used for this purpose. It will be your responsibility to ensure that the email address on file is currently up to date at all times. Providing any sort of false contact information of any kind, will result in termination of your account.

2. Content
All 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 the customer 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 services received from Rack0.com, in advance of the time period during which such services are provided. You agree that until and unless you notify Rack0.com of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Rack0.com reserves the right to change the monthly payment amount and any other charges at anytime.

5. Backups and Data Loss
The use of our service is to be used at your own sole risk. Rack0.com is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Rack0.com servers.

6. Cancellation
Rack0.com reserves the right to cancel your account at any time.

You may cancel your services at any time. Rack0.com gives you an unconditional 30 day money back guarantee on shared hosting, and reseller hosting, and a 7 day unconditional money back on master reseller hosting, and alpha master reseller Hosting. All refund requests after the 30 days, will be refunded on a prorated basis. Payment made for domain registration will not be refunded, domain name can be transferred to client.

Refund Policy
1. Accounts that have failed to pass the phone verification system, do not qualify for the 30 day money back guarantee.
2. Accounts with open Paypal disputes, do not qualify for the 30 day money back guarantee.
3. Clients using foul language towards staff members, do not qualify for the 30 day money back guarantee.

4. Accounts cancelled/terminated by Rack0.com do not qualify for the 30 day money back guarantee. This also includes accounts suspended for TOS violations, in which the customer decides not to fix the violation. Only first time accounts are eligible for a refund. If you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund.

All free Domains are available for the life of the Hosting Package. If a customer cancels at anytime, Rack0.com will require full payment for the cost of the domain of the first year to retain ownership of the domain. Any refund requests will automatically minus the cost of the free domain.

7. Resource Usage
You may not initiate the following Suspensions as these may be made without prior notice.

1. Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time. This is purely at the system administrators descretion. Resellers users cannot run any process that requires more than 10% of all available system resources at any time.
2 .Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
3 .Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
4 .Run any software that interfaces with an IRC (Internet Relay Chat) network.
5 .Run any bittorrent application, tracker, or client.
6 .Participate in any file-sharing/peer-to-peer activities
8. 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.

9. Price Change
Rack0.com reserve the right to change our prices listed on Rack0.com, and the right to change the amount of resources given to plans at any time. Contract pricing 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.

10. Indemnification
Customer agrees that it 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.

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. 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.

13. Changes to the TOS
Rack0.com reserves the right to revise its policies at any time without notice.
Terms of Service
The use of services from Rack0 hereafter referred to as "Rack0" constitutes agreement to these terms. You may view our Privacy Policy here.