FAQ

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April 18th: SCPanel acquired
February 9th: LUG Manipal
February 1st: Outages Panel
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"For an Internet radio broadcast like RadioInternet.es, is important to have a stable server and with good bandwidth, avoiding buffering and cuts. Working with Racked Hosting is a success guarantee. They are qualified professionals and they offer a excellent tech support. I find quality in their service to dedicate time to my broadcast without worries. --Toni Mimbrero" RadioInternet.es
"Swaroop and all the staff at Racked Hosting are awesome. I started out knowing NOTHING about how things work. He has been awesome, and very punctual when a problem occurs. I would recommend them to anyone. And the prices are very affordable. Thanks for all you have done for me and my station! --Deb and fun4allradio.com " fun4allradio.com

Terms and Conditions (Terms Of Service)

You must accept the terms of this Agreement in order to use the Services. If you do not wish to accept any amendments, in future, please email: support@rackedhosting.com to get your service cancelled.

Note: Dedicated servers don't have content restrictions, bandwidth restrictions unless stated. Local laws and some content restrictions such as child pornograpy, etc still apply. Otherwise, restrictions are based on laws applicable in the location of the server. Please email: support@rackedhosting.com to get more information.

Last Update: 20th November, 2007 (name change)

Racked Hosting LLC reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendums and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Racked Hosting LLC Web site (the "Site"). Your continued use of Services following Racked Hosting LLC's posting of any changes or modifications will constitute your acceptance of such changes or modifications.

Racked Hosting LLC reserves the right to modify these terms at any time without notice. Racked Hosting LLC maintains the right to monitor any and all accounts at any time for any violations of these terms. By activating any type of account with Racked Hosting LLC you agree to abide all the terms and conditions contained within this page.

*Fraud Prevention (new)

All orders will henceforth be verified by phone against fraud. Please co-operate with us and provide your real phone number when signing up and also mention the time we can call you with respect to standard time zone (GMT). As per our privacy policy, your information is kept confidential. Once your account is account is verified, it need not be verified again unless we sense suspicious activity

*SHOUTcast Services Policy (new)

SHOUTcast Bitrate cannot be restricted automatically. However we shall be monitoring the usage. If we find that you are using a higher Bitrate than what you signed up for, we will issue a notice to upgrade. Failure to do so within 3 days will result to suspension of the service without refund. To re-activate the service, a fee will be appropriately charged.
Unauthorized use of our test streams for public streaming is prohibited. We will take serious action against defaulters.

Payment Policy

All services provided by Racked Hosting LLC are pre-paid in advance for either one month or quarterly periods. Full payment is required before we will create an account or add additional services to any account. You will be billed automatically on the day of sign-up and every 30 days or every one year thereafter (this is your "billing date") until a cancellation request is received. If during any month there are any account overages (e.g. bandwidth, disk space, etc.), you will receive a separate invoice by e-mail for these charges which must be paid within 7 days of receipt.

Please note that if payment for your services in full is not received by your billing date, or payment for overages is not received within 5 days of the invoice date, you will be notified by e-mail and we will attempt to re-bill for up to 3 days before your account is suspended. You must then contact
sales@rackedhosting.com to work out payment options. After 14 days the account will be terminated and all content deleted if not paid in full. All accounts suspended for failure to pay are subject to a $15 re-activation fee.
2Checkout Option:
Payment must be done by paypal. Only if your credit card is not accepted by paypal, please use the 2CO(2Checkout)/Credit Card option. Let us remind you that it takes upto 2 days for your payment to be processed. So, your server order will be delayed by 2 days. If you cannot agree to that, please cancel your order.

Cancellations

We do not require any type of contract so you may cancel service at any time. To cancel an account, you must e-mail sales@rackedhosting.com requesting the account cancellation at least five days seven, in case of dedicated servers) before your next billing date. You will be notified via e-mail as soon as the cancellation request is completed or if any further information or action is needed on your part. Refunds will only be given for yearly payment. The only exception for refund is server downtimes which entitles you to get a refund. As for yearly refund, we shall follow the following procedure:
Refund = Yearly fee - (Monthly Fee X no. of months of service).
Example:
You paid $200 for an yearly plan which costs $20 monthly. If you want a refund after 6 months:
Refund = $200 - ($20 X 6 ) = $200 - $120 = $80.
In this example plan, no refund will be given after 10 months of service because:
Refund = $200 - ($20 X 10 ) = $200 - $200 = $0.

Account Termination

Racked Hosting LLC reserves the right to refuse service, suspend, or terminate any account for any reason, at any time without prior notice. If at anytime your account is suspended or terminated, we will attempt to notify you by e-mail as to the reason and it is our sole discretion whether or not to re-activate a suspended or terminated account. We are not responsible in any way for any loss, financial or otherwise, or any third party obligations you may incur as a result of the suspension or termination of your account. We are also not responsible for notifying any third parties that your service has been suspended or terminated or forwarding any e-mail accounts of a suspended account/domain.

Prohibited Activity

You may only utilize Racked Hosting LLC's services for lawful purposes as dictated by the laws in any and all locations in which your content will be accessed. At no time may you display, transmit, or store any material that violates any state, federal, local, or foreign law. Also prohibited are the following:
- You may not provide commercially available software, files, or patches for download from your site that were not created in full or in part by yourself, with the exception of files that are licensed under the GPL. This includes but is not limited to software drivers and patches which are primarily available for download elsewhere.

- You may not provide any type of copyrighted material (including but not limited to video and audio files such as MP3's) unless the material was created by you and/or you maintain the rights to distribute such files and can provide proof of your rights to do so.

- You may not post, infer, store, provide advertising for, or provide links to any form of illegal or pirated software including, but not limited to pirated software, warez material, hacker programs, cracks, keygens, or illegal serial numbers.

- Operating any type of IRC client or server program including any type of IRC bot is prohibited.

- Any attempts to hack or deface our servers or accounts of other members is prohibited as well as any attempts to intentionally degrade the performance of our servers or intentionally over-utilize our bandwidth (e.g. denial of service (dos) attacks). If at any time your site is over-utilizing resources or bandwidth, intentionally or not, we will investigate the cause and impact on other customers and may temporarily suspend your account or take whatever steps are necessary to eliminate the issue. If the problems persists, your account may be terminated.

- You may not re-sell your web services or operate any type of web site on Racked Hosting LLC's servers the competes directly with the services offered by Racked Hosting LLC unless you subscribe to a hosting plan specifically designated as "Reseller".

- Violation of any of the above will be grounds for the immediate removal of the offending material and/or termination of your account.

Reseller Accounts

We do not impose any usage restrictions upon reseller accounts or accounts created by resellers as along as the they are not used in violation of any state, federal, local, or foreign laws and are not used for sending unsolicited e-mail (spam) as stated in the spam policy in section. Resellers are still responsible for complying with these terms of use in regards to their primary reseller account but may provide their own terms of use at their own discretion for their customers, with the provision that spamming is prohibited on all accounts created by the reseller. Racked Hosting LLC is not responsible for the content of reseller accounts or their customers and will not be responsible for providing any support whatsoever for any accounts created by resellers. All customers of our resellers must contact their reseller for all support issues related to their account. In the event that a reseller account is suspended or terminated, all accounts created under that reseller account will be suspended or terminated as well.

SPAM (Unsolicited E-Mail)

Spamming is annoying and harmful practice that we will not cater to in any way, shape, or form. This not only includes using our SMTP servers to send spam, but also using php, cgi, etc. scripts that act as their own mail server to send spam.

- You may not utilize any Racked Hosting LLC owned server for the purpose of spamming (any form of unsolicited e-mailing) or mass-emailing (the distribution of an e-mail message to more that 30 individual e-mail addresses).

- Even by including by a opt-out mechanism, we still consider any form of unsolicited e-mail to be spam as most people never knowingly "opt-in" in the first place.

- You may not advertise any site hosted by Racked Hosting through the use of unsolicited e-mail sent from any server, Racked Hosting LLC's or otherwise.

- No one, Racked Hosting LLC customers or otherwise, may utilize any e-mail address of any domain hosted by Racked Hosting LLC in the act of sending unsolicited e-mail. This includes, but is not limited to, setting the from or return address of an unsolicited e-mail to that of a domain hosted by Racked Hosting LLC.

- All accounts in involved in the activity of spamming in any form will be terminated.

CGI Scripts

All accounts may be provided with a cgi-bin. Although you may use the cgi-bin as you wish, if at any time your use of a cgi program negatively impacts the performance of the server, it may be removed at our sole discretion. Please note that due to server resource issues, we do not allow the use of "Ikonboard" in any form.

Backups

Racked Hosting LLC makes server backups solely to aid in data recovery in the event of a catastrophic server failure. You are solely responsible for backing up your own data in the event you lose, delete, or overwrite a file or e-mail. We make absolutely no guarantees as to the integrity of your data while stored on our servers and we will not be responsible for data loss on your part or on our part. All accounts include a one-click backup function that will allow you to back up your entire site to a compressed (zip) file.

Network Availability

Racked Hosting LLC provides a 99.9% up-time guarantee. This means that in a 30 day period (720 hours), as defined by your billing cycle , if your site is unavailable due to network or server issues on our part for approximately an hour or more, we will refund a portion of your current months hosting fees equal to the down time. To be eligible to receive a refund, you must e-mail support@rackedhosting.com with details regarding the downtime and copy/paste the results of a traceroute from your computer to your web site during the down time. We are not responsible for any financial losses or any lost business that you may have as a result of any period down-time for any reason - server, network, or otherwise.

Bandwidth Options

Heavy bandwidth overages are not tolerated at Racked Hosting. If your account exceeds its monthly transfer quota, you must upgrade to a package that will accommodate your bandwidth needs. Racked Hosting does not allow for fees for overages. If you are over your quota, you must upgrade to a package that will ensure that you will not exceed your monthly bandwidth quota. The new package can either be an existing package, or one customized for you by Racked Hosting LLC . Racked Hosting LLC reserves sole discretion on the pricing of custom bandwidth packages. Customers who do not comply with these terms are subject to immediate account termination.

Resource Policy

Resources are defined as bandwidth and/or disk space and/or processor utilization.
Racked Hosting LLC allows the consumption of X of disk space and a X monthly bandwidth per web hosting account. When a customer is found to be exceeding these limits or monopolizing processor utilization, Racked Hosting LLC reserves the right to suspend or terminate a customer's access. In the case of this, the account would be first suspended and we would contacted the listed e-mail address bound to the account. If a solution is not met, the account would then be terminated.
Note: Racked Hosting LLC reserves the right to suspend or terminate a customer's access in the event the account is effecting overall system performance, this does not necessarily mean disk space or bandwidth consumption.
Update: We are promoting some scripts such as Tufat. We install the scripts free of cost and any modifications done it are at your own risk. Modified tufat versions, if cause improper utilization of CPU, may be asked to be removed or degraded to the standard versions. If the standard versions are having some serious issues but have bug fixes, then you are strongly urged to upgrade them. We will again, do it free of cost but we expect you to co-operate with us. In case there are serious issues with the software, we'll try our best to fix them ourselves as we are promoting Tufat. In worst case scenario, we shall completely offer a refund without further questions.

Support

Please note that all accounts are provided with the assumption that you already have the knowledge necessary to maintain a web site or service. We cannot always provide assistance in the area of creating or maintaining your web site, installing or using scripts, etc. There are many resources on the web for creating and maintaining web sites and we also offer a forum where you can seek advice from your peers.
Please note that to minimize overhead costs and to provide better tracking of customer issues, we do not provide a phone number for support. If at anytime you have a support issue please contact us by e-mail at support@rackedhosting.com or use the help desk system and we will respond as quickly as possible.

Domain Names

All free domains provided by Racked Hosting LLC will remain under our name, and cannot be changed. If you change hosts this domain can be moved free of charge to any nameservers you would request. We buy domain names from enom automatically which get instantly registered. However, it may take 24-48 hours in some cases.

Indemnification

You agree to use all Racked Hosting LLC services and facilities at your own risk. Racked Hosting LLC specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Racked Hosting LLC be liable, financially or otherwise, for any loss, loss of data, loss of income, loss of current or future business, or any other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Racked Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Racked Hosting, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Racked Hosting LLC against liabilities arising out of:

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Racked Hosting LLC’s server;

(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 customer from Racked Hosting LLC’s server.

Racked Hosting LLC shall be the sole judge of what violates this Policy.
Racked Hosting LLC is not responsible in any way for the content of any site hosted on Racked Hosting LLC's servers or the actions of it's subscribers.

Copyrighted Material

If you believe any material posted within any web site operated by an Racked Hosting LLC customer is unlawful or copyrighted please contact the webmaster of that site as well as abuse@rackedhosting.com and we will respond as quickly as possible. For requests to remove copyrighted material, please provide the following.

- Your address, telephone number, and email address;

- A description of the copyrighted work that you claim has been infringed;

- A description of the alleged infringing activity and where the alleged infringing material is located;

- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Change in the Terms and Conditions (Terms of Service)
Racked Hosting LLC reserves the right to change, update, or modify it's Terms and Conditions (Terms of Service) in any way. If this were to occur, each member or individual attached to Racked Hosting LLC would be notified of the changes in the policy. One would receive an email to the email address provided in the account, and/or one will notice an announcement posted at http://www.RackedHosting.com.