Terms of Services / Acceptable Usage Policy (TOS & AUP)

This agreement governs the use of all Rackset Hosting's services. Violation of this agreement may result in suspension or termination of your service. In the event of a dispute between you and Rackset Hosting regarding the interpretation of this agreement, Rackset Hosting's interpretation shall govern. If you have any questions regarding this agreement contact the Rackset Hosting Billing Department. Use of Rackset Hosting's service constitutes acceptance of this agreement.


Offensive Content

You may not publish, distribute, or transmit any information via Rackset Hosting's service that Rackset Hosting believes to:

• constitute child pornography
• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including but not limited to chain letters and pyramid schemes
• is defamatory or violates a person's privacy
• creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by any law enforcement agency
• improperly exposes trade secrets or other confidential or proprietary information of another person
• is intended to assist others in defeating technical copyright protection
• clearly infringes on another person's trade or service mark, patent, or other property right
• promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Rackset Hosting
• is other wise malicious, fraudulent, or may result in retaliation against Rackset Hosting by offended viewers.

Content "publish, distribute, or transmit" via Rackset Hosting's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Rackset Hosting.
Violation of any of this section will result in a fee of at least $50.00 and you may face suspension, termination, and other applicable charges.


Security

You must take all security precautions necessary to ensure the security of your server and our network. Rackset Hosting is not responsible for the security of your server and if Rackset Hosting believes your server to be compromised your server may be disconnected without notice and possibly formatted. You must protect the confidentiality of your passwords and change them periodically. 

Violation of any of this section will result in a fee of at least $50.00 and you may face suspension, termination, and other applicable charges.


Bulk Commercial E-Mail (UCE)

You must obtain Rackset Hosting’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Rackset Hosting’s reasonable satisfaction:

• Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
• Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
• You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and Rackset Hosting’s requests to produce consent evidence within 24 hours of receipt of the request.
• The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at abuse [@.] rackset.com
• You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 24 hours, and you notify recipients that their revocation of their consent will be honored in 24 hours;
• You must post an abuse [. @ .] rackset.com e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
• You must have a Privacy Policy posted for each domain associated with the mailing;
• You have the means to track anonymous complaints;
• You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and
• You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your Rackset Hosting service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Rackset Hosting service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
Rackset Hosting may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
Violation of any of this section will result in a fee of at least $150.00 and you may face suspension, termination, and other applicable charges.


Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it or has not opted to receive it.
You must comply with the rules of any other network you access or participate in using your Rackset Hosting’s services

Violation of any of this section will result in a fee of at least $350.00 and you may face suspension, termination, and other applicable charges.

 

SpamVertising E-Mail

You may not post any unsolicited e-mail to any newsgroups, online forums, or interactive web sites using your Rackset Hosting’s services such as e-mail addresses or directing people to your Rackset Hosting’s web site account.
You must comply with the rules of any other network you access or participate in using your Rackset Hosting’s services.

Violation of any of this section will result in a fee of at least $100.00 and you may face suspension, termination, and other applicable charges.
Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

• you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
• you are otherwise permitted by established United States copyright law to copy the work in that manner.

Rackset Hosting will terminate the service of copyright infringes without notice.
Violation of any of this section will result in a fee of at least $500.00 and you may face suspension, termination, and other applicable charges.



Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the Rackset Hosting network, please send an appropriate DMCA notice to:

**abuse [ @ ]. rackset.com**

Your notice must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Rackset Hosting to locate the material;
• Information reasonably sufficient to permit Rackset Hosting to contact you, such as an address, telephone number, and if available, an e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Other

You must have valid and current information on file with Rackset Hosting at all time. Failure to do so will result in immediate suspension or termination of your account. Updates can be carried out via http://my.rackset.com should you be unable to access this please send an email to support .[ @ ]. rackset.com


Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Rackset Hosting and its customers) without express authorization of the owner of the system or network;
• monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
• Any conduct that is likely to result in retaliation against the Rackset Hosting’s network.
• Use of Rackset Hosting’s network in a way that unreasonably interferes with Rackset Hosting’s other customers use of the network

Violation of any of this section will result in a fee of at least $100.00 and you may face suspension, termination, and other applicable charges.

 

Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

IRC Networks are strictly prohibited from our network.

Violation of any of this section will result in a fee of at least $100.00 and you may face suspension, termination, and other applicable charges.


Payment Policies

Rackset Hosting provides service through subscriptions. In the event you cancel a subscription you will need to rectify the situation immediately or you may face account suspension or termination. All payments are due by 5:00 PM GMT on the date of their renewal. Failure to pay at this time will result in suspension or termination of your account and you may be subject to disconnection or reconnection fees. By accepting this agreement you understand that Rackset Hosting reserves the right to charge your credit card for any charges applied to your account. You understand bandwidth overages will be billed at the rate of $.50 per GB. If for any reason you file a chargeback or a dispute with PayPal, Rackset Hosting reserves the right to apply an administrative fee of not less than $75.00 but no more than $150.00. You understand that in the event an invoice becomes past due that all serviced on your account will be suspended and you will be charged a $15.00 disconnection fee per service (including vps/dedicated servers, shared/managed/reseller hosting, domain services). Your understand that in the event you do not pay an invoice generated by Rackset Hosting that Rackset Hosting has the right to send your account to a collection agency. All payments to Rackset Hosting are non-refundable. You understand in the event that this happens you will be responsible for paying all collection, legal, and attorney costs. A charge of not less than $75.00 but not more than $150.00 will also be charged to your account.


Cancellations

Cancellations may only be made via our cancellation request option in http://my.rackset.com . Cancellations that are not made via that form will be ignored and will not be processed. In order for your cancellation to be successful you must receive confirmation from Rackset Hosting. If you do not receive confirmation from Rackset Hosting do not assume your account is being canceled because it may not be. You are then required to submit your cancellation in writing if you do not receive a response via e-mail. All cancellations must be made ten days prior to the renewing of your billing cycle. Any cancellations made after this are not valid and you will be required to pay for another month of service.


Agreement

Use of our service in any way constitutes acceptance of this agreement. This agreement may be terminated by the subscriber, in writing, and thirty days in advance to server billing dates. Termination of this agreement must be made in writing to the address provided to you in your billing area. You understand that terminating this agreement may result in administrative charges and you accept any charge that may result from that. Rackset Hosting reserves the right as the provider to terminate this agreement at any time, without prior notice.


Disclaimer of Warranties

Rackset Hosting makes no warranty of our services either expressed or implied. It is the customer's responsiblity to have backups of their data at all times. Rackset Hosting has the right to restrict access to any server, possibly causing you to not have access to your files. You understand that Rackset Hosting is not required to allow access to any server on their network. Rackset Hosting cannot be held responsible for lost, corrupt, or restricted data for any reason.

Rackset Hosting is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Rackset Hosting network.

Inquiries regarding this policy should be directed to Rackset Hosting abuse department at abuse [.@.] rackset.com