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TERMS AND CONDITIONS

Use of any Racksready Service constitutes acceptance and agreement to Racksready Acceptable Use Policy as well as Racksready TOS (Terms of Service). Racksready (http://racksready.com/) provides Service on an "AS IS" basis, and without warranty of any kind, whether express or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose.
User acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Racksready and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that Racksready shall not be liable for any damages arising from such causes.
Racksready is not responsible for any damages your business may suffer. Racksready does not make implied or written warranties for any of our services. Racksready denies any warranty of merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Racksready.
Racksready has the right to change prices, or add or delete product features of any existing product or service. All orders are subject to acceptance by Racksready. Racksready has the right to discontinue products or services at any time. Racksready reserves the right to amend its policies at any time.

Contract Term

Customer agrees to a monthly/quarterly/semi-annually/annually contract term for services based on their billing payment period unless otherwise agreed to in writing. The monthly/quarterly/semi-annually/annually contract for services is automatically renewed each period in perpetuity subject to written cancellation by the Customer. No cancellation of service possible once service commenced and no refund possible for that billing period. To cancel a service, a written cancellation service request must be sent at least 5 days ahead of next payment due date. Payment is due 5 days ahead of next billing period start date. Any payment later than first day of the billing period is subjectected to 10% late fee. If payment is not received by the 3rd day of the billing start date, service will be terminated without any written notifications and all customer data will be destroyed for security and privacy reasons.

Upgrade Fees

Upgrades ordered on the billing start date will be billed for a full month service and will continue each month on the start date. Upgrades ordered after the normal billing start date will be pro-rated to the next billing date and billed as a onetime pro-rata charge. Future charges will appear as full monthly fees added to your existing billing due date. Please note Servers and Services are not eligible for downgrades.

Additional Service Fees

Additional services ordered on the billing start date will be billed for the full month service and will continue each month on the billing start date. Additional services ordered after the normal billing start date will be pro-rated to the next billing start date and billed as a onetime pro-rata charge. Future charges will appear as full monthly fees added to your existing billing start date.

One Time Fees

One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.

Service Credits

Service credits will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.

Cancellation

If for any reason you would like to cancel your service, please login to the Control Panel at racksready.com and click on the Cancel Request link on the left hand side of the screen. Account cancellations are effective at the end of your current billing period. You must put in your cancel request at least 7 days before your next billing date. Failure to supply the advanced notice of cancellation will result in a full billable monthly cycle prior to cancellation. All customer data remaining after the cancellation date will be destroyed for security and privacy reasons.

Refunds & Disputes

All services rendered by Racksready are non-refundable. Customers seeking to resolve billing errors are instructed to open a billing ticket at racksready.com. All Payments are paid for a period of time Monthly, Quarterly, Half yearly or yearly. No partial refund is possible even if service is stopped ahead of next due date. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency.

Non-Payment

Invoice will be generated 7 days before the due date, if payment is not received then your service will be automatically terminated. Failure to remit payment for services at least by the billing start date is a violation of the TOS. In case of delay in payment you must raise a ticket to concern department to extend the time for payment before the due date itself. All Customer data remaining after non-payment will be destroyed for security and privacy reasons.

SPAM and Unsolicited Commercial Email (UCE)

Racksready takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over the network. Very simply this means that customers of Racksready may not use or permit others to use the network to transact in UCE. Customers of Racksready may not host, or permit hosting of, sites or information that is advertised by UCE from other networks.

Violation of Racksready SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Racksready will initiate an immediate investigation (within 2 hours of notification). During the investigation, Racksready may restrict Customer access to the network to prevent further violations. If a Customer is found to be in violation of our SPAM policy, Racksready may, at its sole discretion, restrict, suspend or terminate Customer's account. Further, Racksready reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Racksready will notify law enforcement officials if the violation is believed to be a criminal offense. If Customer is found to be in violation of our SPAM policy, Customer shall not be entitled to a refund of any fees paid in advance prior to such violation and will impose fine $100 for first occurrence, $250 for second occurrence and $500 for the third occurrence.

Bandwidth Usage

As part of our continuing effort to provide the best experience to all of our customers, Racksready has created this Fair Use Policy for Internet Bandwidth. This Fair Use Policy states important requirements regarding your use of the Internet Bandwidth Usage in your Servers. Racksready Server Plans do not have set limits on bandwidth. Instead, we have a fair use policy which goes as follows. Internet Bandwidth use is unlimited as long as, it is used as an integral part of your server, you are not intentionally abusing the service by using excessive bandwidth, you are not violating our terms and conditions, and you are not impeding our capability to provide other users with unlimited Bandwidth. In other words, if you are adding content (images, files, text etc.) to your site and using the service in the way it is intended to be used, then we will not limit the amount of bandwidth your server is consuming. Our intention is that, as long as both parties are being fair, you should not have to worry about bandwidth limits. We'll take care of these sorts of issues so you can concentrate on growing your business. If, however, you are attempting to take advantage of the service by distributing large files or streaming excessive video or hosting torrents or something similar or hacking/spamming, then we will request that you cease doing so or shut down your server until issue is solved. Also please note that by unlimited Bandwidth, you are sharing 1000 mbps bandwidth with other 48 servers in each CISCO Switch. If you need 100 mbps dedicated bandwidth, it will cost $60 extra rent per month. If you have upgraded your LAN port speed from 100 mbps to 1000 mbps same rules again applies, you are sharing 1000 mbps bandwidth with other 48 servers. If you need 100 mbps dedicated bandwidth, it will cost $60 extra rent per month.

IP Usage

Most services are offered with one designated Public IP. Customers are entitled to use only this IP unless they buy additional IP for $6/M extra. If any other IP is used accidently or intentionally, all the services offered to that customer will be stopped right away and a fine of $150 fine will be imposed. Service won't be enabled until fine is paid and the IP usage is stopped.

System and Network Security

Users are prohibited from violating or attempting to violate the security of the Racksready. Violations of system or network security may result in civil or criminal liability. Racksready will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

These violations include, without limitation: accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such User is not entitled. If Customer is found to be in violation of our System and Network Security policy, Racksready may, at its sole discretion, restrict, suspend or terminate Customer's account. Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

Suspension of Service

Racksready reserves the right to terminate or suspend network member access to any Customer if in the judgment of the Racksready network administrators that the Customer's website is the source or target of a network attack or is found to be in violation of any of the other terms of the TOS or for any other reason which Racksready chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Customer will not be credited for the time the Customer's account was suspended. If Customer is found to be in violation of any Racksready policy, Racksready may, at its sole discretion, restrict, suspend or terminate Customer's account. Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Abusive behaviour of any sort will not be tolerated and will be grounds for termination. Racksready has the right to deny an order or service renewal for any reason Racksready chooses.

Data

Racksready agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.

Data Backup and Restore

User acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Racksready and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that Racksready shall not be liable for any damages arising from such causes and damage of Data. It is customer’s duty to secure Data and take regular Daily backup of data.

Chargebacks and Fraudulent Transactions

All chargebacks are thoroughly investigated and may add you to a blacklist with our processor which will complicate future online purchases. Denying a purchase that you have made is illegal and will result in an investigation which can lead to heavy fines or other legal action toward you. Your credit rating can be affected by false claims of fraud. If you have any questions or concerns, please contact us to clarify the matter.

Identity Use

Customer agrees to use Racksready logo, Racksready information, and related services in accordance to the approved marketing guidelines. Racksready agrees not to use Customer name, logos, or information without prior written consent of Customer.

Mutual Indemnification

Each party agrees to indemnify and hold harmless to the other party, the other party's affiliates, and each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party's actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.

Limitation of Liability

Except as described in the SLA, Racksready shall not be liable to Customer for harm caused by or related to Customer's services or inability to utilize the services unless caused by gross negligence or wilful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this Agreement, the maximum aggregate liability of Racksready and any of its employees, agents or affiliates, under any theory of law shall not exceed a payment of money not to exceed the amount paid by the customer for hosting services for the (6) months prior to the occurrence of the event(s) giving rise to the claim.