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: [email protected] to get your service cancelled.
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.
For additional SCPanel specific terms and conditions, please visit: http://www.scpanel.net/tos/
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.
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 [email protected] 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.
We do not require any type of contract so you may cancel service at any time. To cancel an account, you must e-mail [email protected] 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).
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.
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.
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:
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. Please email: [email protected] to get more information.
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.
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.
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.
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 [email protected] 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.
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.
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.
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 [email protected] or use the help desk system and we will respond as quickly as possible.
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.
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:
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.
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 [email protected] and we will respond as quickly as possible. For requests to remove copyrighted material, please provide the following:
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 Racked Hosting.