Rack My Server agrees to provide and furnish services to the subscriber, subject to the following Terms of Service (TOS). Use of the Rack My Server service constitutes acceptance and agreement to our Terms of Service (TOS). All provisions detailed in this contract are subject to the provided Terms of Service (TOS). We reserve the right to make changes to the provided Terms of Service (TOS) as needed, without notice to our clients. Changes made to our TOS does not constitute early contract termination or non-payment.
1. Delivery of Services and Terms
Customer agrees to pay Rack My Server the fees charged by Rack My Server for (i) the Service(s) during the Initial Term and for any Renewal Term, and (ii) certain limited services and equipment needed by Customer on a "one-off" or emergency basis ("Supplemental Services") where such services are not included within the scope of the Services as described in the Order Form(s). Customer agrees to pay Rack My Server the fees charged by Rack My Server for Supplemental Services, and hereby authorizes Rack My Server to perform such services on its behalf. All supplemental services are provided on an 'as is' basis and exclude warranties of any kind, whether express or implied in accordance with Rack My Server's current policies and prices.
2. Fees and Payment Terms
Customer will pay all fees due according to the prices and terms listed in the Order Form(s) and all other fees incurred by Customer related to Supplemental Services, Professional Services, reinstatement of service fees and fees for switching or upgrading servers, all in accordance with the current Rack My Server prices and policies.
2.1 Payment Terms
On the Service Commencement Date for each Service, Customer will be billed (the "Initial Bill") an amount equal to (i) all non-recurring charges (Setup Fee if any) indicated in the Order Form(s) and (ii) the monthly recurring charges for the first month. Subsequent monthly billing will occur one day (1) earlier than the service was contracted of each calendar month of the term. Monthly recurring charges for all months will be billed (the "Recurring Bill") in advance of the provision of Services. All other charges for Services received and expenses incurred for Supplemental or Professional Services during a month (e.g., bandwidth usage fees) will either be billed immediately or at the end of the month in which the Services were provided. Payment for all fees are due on the same day the service was contracted.
2.2 Invoice Notifications
Rack My Server will send any invoices to the main email account of the owner of the account based on the service terms. Rack My Server cannot guarantee that this email will be received by the client. As an option we provide the Client a Billing Control Panel (Clients Portal) where the invoices can be reviewed and paid. Additional billing contact can be added by the client from the Billing Control Panel (Clients Portal) .
2.3 Suspensions and Termination
Any payment not received within four (4) days of the invoice due date, Rack My Server reserved the right to suspend the account without any notice. If after fifthteen (15) days of not recieving a payment confirmation Rack My Server reserved the right to Terminate the account without any further notice. At this point any data, email, files stored in our servers will be deleted.
2.4 Account Cancellations
The client can cancel his account in any billing cycle. Account cancellations must be made at least (7) days in advance via our Billing Control Panel (Clients Portal). Any missing information may delay the cancellation of your account. Rack My Server will not be responsible for additional charges made if not made through the Billing Control Panel (Clients Portal).
3. Intellectual Property Ownership
This Agreement does not transfer from Rack My Server to Customer any Rack My Server Technology, and all right, title and interest in and to Rack My Server Technology will remain solely with Rack My Server. This Agreement does not transfer from Customer to Rack My Server any Customer Technology, and all right, title and interest in and to Customer Technology will remain solely with Customer. Rack My Server and Customer each agree that it will not, directly or indirectly, reverse engineer, decompose, disassemble or otherwise attempt to derive source code or other trade secrets from the other party and/or its third party vendors.
4. Limited Warranties
Each of the guarantees in the Order Form(s) is null and void if Customer fails to follow Rack My Server terms of service and other policies or otherwise breaches the Agreement in any respect.
4.1 No Other Warranty
Rack My Server does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the services or any information that may be obtained there from at customer's own risk. The services are provided on an 'as is' basis, and customer's use of the services at its own risk. Except as provided in the order form(s), Rack My Server does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage or trade practice. Rack My Server does not warrant that the services will be uninterrupted, error-free or completely secure.
4.2 Disclaimer of Actions Caused by and/or Under the Control of Third Parties
Rack My Server does not and cannot control the flow of information to or from Rack My Server network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt customer's connections to the Internet (or portions thereof). Rack My Server cannot guarantee that such events will not occur. Accordingly Rack My Server disclaims any and all liability resulting from or related to such events.
5. Customer Obligations
(a) General. Customer represents and warrants that (i) Customer is at least eighteen (18) years of age; (ii) Customer possesses the legal right and ability to enter into this Agreement, and (iii) the performance of its obligations and use of the Services (by Customer, its customers and users) will not violate any applicable laws, regulations or the Rules and Regulations or cause a breach of any agreements with any third parties or unreasonably interfere with other Rack My Server customers' use of Rack My Server services. Customer assumes all risks related to processing of transactions related to electronic commerce. (b) Breach of Warranties. In the event of any breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Rack My Server will have the right, in its sole discretion, to suspend or terminate immediately any Services.
5.1 Server and system abuse (Only applicable to Shared Hosting, Reseller Hosting accounts)
Customer is prohibited to run any process that requires more than 10 times of other users' average server resources for 15 minutes or causing the server unstable. Any attempts to undermine or cause harm to a Rack My Server servers, or any customer of Rack My Server is strictly prohibited. Any sub-networks of Rack My Server, and all dedicated servers, must adhere to the above policies. Failures to meet, or follow any of the above guidelines, are grounds for account deactivation. We reserve the right to remove any account without prior notice, if we have reason to believe that any of the terms outlined in this Agreement, are violated.
6. Limitations of Liability
IN NO EVENT SHALL RACK MY SERVER BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE RACK MY SERVER SITE OR ANY RACK MY SERVER SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL RACK MY SERVER CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAT THE CLIENTS ASSOCIATED HOSTING FEE (LESS SET-UP FEES, DOMAIN REGISTRATION, AND OVERAGES).
You agree to indemnify, defend, and hold harmless Rack My Server from any and all liabilities, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action and/or claims caused by or resulting indirectly from your use our services.
8. Payments, Cancellation and Refunds
All invoices must be paid within 4 days after invoice has been emitted, in order to avoid the suspension of the services. During these days you will be receiving an email with payment reminder notes, if payment has not been processed. Suspension of services will be done on the 4th day after invoice has been emitted.¬† The Cancellation of the services will be done on the 15th day after invoice has been emitted; this means that the service we offer you will be cancelled as well as your client account and your data will no longer be available.
8.2 Refund Policy
Rack My Server provides pro-rata refunds for 3 months, 6 months and 12 months payment terms. For example, if you paid 6 months pre-paid and want to cancel 4 months down the track, we will prorate your refund for the 2 unused months. Any refunds from Rack My Server, except for a "30-Day Money Back Guarantee", will be issued through Credit Card or Bank Wire only. Violations of the Terms of Service or Acceptable Use Policy will waive the refund policy. The refund only applies to Shared Hosting, VPS and Dedicated Servers accounts. Payments for Fully Managed Servers, "One-Time Services", "Extra Options", Domain Names, Software Licenses, SSL Certificates, and any setup fees cannot be refunded under any circumstances.
30-Day Money back guarantee only applicable to those products and services that specified with this offer. Any other products or services with no specification in money back guarantee are not entitling to any money back or refund. Under the money back guarantee, only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. Cyber Cast International does not cover the cost of processing a refund.¬† This cost will be deducted from the total amount of the refund. ¬†Processing fee may apply.
8.3. Scheduled Dowtime
Is defined as any Rack My Server scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice. Downtime caused by scheduled network upgrades will not be eglible money back.
9. Disclaimer of Warranty
THE SERVICES, THE RACK MY SERVER SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Rack My Server SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. RACK MY SERVER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RACK MY SERVER SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT. OUR 1 HOUR RESPONSE TIME GURANTEE ONLY APPLIES IF THE OPERATOR SHOWED UP FOR THEIR SHIFT. IF NO OPERATOR SHOWED UP FOR THIER SHIFT, THEN THE 1 HOUR RESPONSE TIME GUARANTEE DOES NOT APPLY.
10. Terms of Service
Rack My Server reserves the right to change the terms set forth to our clients at any time, without any form of notice to our clients, non-clients, or general public. At all times customers are bound to the terms set forth. In no event shall Rack My Server or its Staffs' lack of enforcement of these terms constitute a waiver of these terms at any time.