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Terms Of Service RackType.Com

SERVER LOADING, BOTS and SPAM

No IRC's, BNC's, Eggdrops, Illegal or blatantly offensive material or Spamming from a site or server. Period. No Exceptions at any time for any reason. Customers who LOAD (Proof of use or public display NOT required) these programs or materials on any server will be terminated without recourse and billed (including penalties) and further pursued to THE FULLEST EXTENT of the LAW under the Australian Communications Authority (ACA) Acts and Codes, and may including such action as, but not limited to seeking civil damages against the individuals responsible. Spamming using other resources with links directed back to sites on our servers IS involving us in the spamming not unlike using our actual server and can be grounds for termination without recourse.

ACCOUNTS CAN BE REFUSED AND/OR DISCONTINUED AT RACKTYPE'S DISCRETION.

RackType has the right to refuse provision of its services to any individual, company, organization, or entity for any reason whatsoever. For existing clients, RackType may terminate this Agreement at any time without cause but with prior notice. In such cases, RackType will issue a full and immediate refund of payment equivalent to the unused service. In the event that services are refused or terminated, no explanation from RackType is necessary. Accounts will be terminated immediately and will not be refunded if you or any person who has access to the Service through your account, commit a material breach of this Agreement.

Any attempts to undermine, slander, libel, threaten, swear at, harass, or cause harm to any RackType customer, staff, or the company directly is strictly prohibited and is grounds for immediate termination. In addition, RackType will pursue all attempts to the fullest extent of the law.

SUPPORT RESTRICTIONS:

RackType will make efforts to support information for configuring popular network/web software to use the internet services. However we can in no way specifically test every piece of software that could conceivably be utilized with our systems, only provide general system-related information. The offer of any particular service does not constitute an obligation on RackType's part to tutor the necessary skills to utilize that service, only to provide system-specific information.

PAYMENTS:

Accounts will be billed in advance for the month of service. If you sign up and receive service today, we will bill you today for the next 30 (or 28/31) days for service. No refunds will be processed without "cause". Accounts are invoiced 24 hours in advance of payment processed. You will be notified by e-mail to the address you signed up with for services of success or failure. If billing fails and we are unable to process payment for over 72 hours we will suspend services without further notice. If we are still unable to collect 7 days past payment due date we reserve the right to terminate the account and all files on our services without recourse.

CANCELLATION POLICY:

We offer a 30 day money back guarantee for cause on all hosting plans. Cause is any demonstrated failure on our part to deliver services purchased. If you can provide us with a reason that we failed to provide the services you purchased from us, we will be more than happy to give you a refund. Secure server certificate and domain registration fees ARE NOT REFUNDABLE

a) What if we sign up for 1 year in advance? Is refund available, is it full, prorated or percentage-based?

See above for specific service policies. When offered, the refund is Pro-rated. If you sign up for a year at $120.00 and want to leave after 1 month we will refund $108.00 (11/12's of the purchase price)

b) Is there a timeline where refund eligibility becomes void?

No

PRIVACY STATEMENT:

RackType follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully. Please click HERE to read the privacy statement.

ACCEPTABLE USE POLICY (AUP)

Use of RackType service constitutes acceptance and agreement to RackType's AUP as well as RackType's TOS (Terms of Service)

RackType reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of RackType's Internet services, and their agents, must comply with this AUP and our TOS (Terms of Service).

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. RackType may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your RackType account or other actions as detailed below without notice, based upon the nature of the violation.

This document is intended to provide a basic understanding of RackType's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of RackType AUP. If an account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.

THE FOLLOWING CONSTITUE VIOLATIONS OF THIS AUP:

· Illegal Activities:

RackType's services may not be used for illegal purposes, or in support of illegal activities. RackType reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

· Harm or Endangerment to other people:

You may not use RackType's service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use RackType's service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

·Forgery or impersonation:

Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

· Unsolicited E-mail, News Bombing (SPAM)

Use of the RackType service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate suspension of the offending RackType account. Spam complaints will be sent to the e-mail address on file. Failure to respond to complaints within a 24 hour timeframe will result in the RackType's staff suspending the offending account by whatever means necessary. Anyone hosting websites or services on their account that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending RackType account.

· RackType does not allow any safelists or adult sites whatsoever.

· Copyright or trademark infringement:

Use of the RackType service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the RackType service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

· Network disruptions :

Use of the RackType service for any activity which affects the ability of other people or systems to use RackType services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. RackType does not allow the hosting of IRC's, IRC Bots, BNC's or eggdrops on our network. Running programs in the background on a RackType server without RackType.com's prior written authorization, running chat rooms, and mailing lists that send more then 1,000 emails a day and the like are not acceptable uses of RackType.com's servers. Accounts found hosting this material will be subject to immediate cancellation without refund. Use of the RackType service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of RackType or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending RackType account is subject to immediate termination.

· System Security:

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at RackType.com or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

If you are involved in violations of system security, RackType.com reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. RackType.com will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

· Network / Shared System Resources:

RackType accounts operate on shared server / network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of server / network resources in a manner which impairs server / network performance is prohibited by this policy and may result in termination of your account.

System abuse includes any use of RackType.com's resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.

Any usage of 10% or more of RackType.com's system resources is an undue burden on RackType.com's system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice.

RackType will charge a AU$400.00 site clean-up fee for any abuse of the terms listed above PLUS, ALL TIME AND RESOURCES TO TRACK AND TRACE ABUSE WILL BE BILLED AT RackType AU$150.00 PER HOUR.

Terms of Service (TOS)

All Terms and Conditions of this TOS (Terms of Service) our AUP (Acceptable Use Policy) and SLA may be modified at our sole discretion without prior warning. Changes to this TOS does not constitute grounds for early contract termination or non-payment. Please check back regularly for any updates.

Use of RackType Service constitutes acceptance and agreement to RackType's AUP (Acceptable Use Policy) as well as RackType's TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to RackType, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of RackType.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by RackType, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.

2. RackType will provide, and Customer will purchase and pay for, the services, and service fees specified in the order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay RackType any additional fees.

Payment:
Establishment of this service is contingent upon receipt of payment from Customer to RackType. Subsequent payments are due on the anniversary date of the month for that month's service. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Payments and Fees:
Payment is due on the defined monthly recurring billing date of each month. Service will be interrupted on accounts that reach 3 days past due. Service interrupted for nonpayment is subject to the setup fee of $10.00 for that service for reconnection. Accounts that are not collectable by RackType will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than One Hundred ($100.00) nor more than Two Hundred, Fifty($250.00)

You are responsible for keeping your client email address up to date. If you wish to change your client email address, you must email this change of address to sales@racktype.com

Delinquent Accounts:

RackType may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Account Cancellation:

All requests for canceling any service / services must be made with at least 30 days notice but not more than 60 days prior notice and sent by e-mail from the ORIGINAL address used to sign up for services (as a security pre-caution). Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 9AM to 6PM AEST Monday - Friday.

Refunds and Disputes:

All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, in RackType's discretion which is valid, under the terms and conditions of our AUP and TOS, will result in service interruption, and reconnection fees to restore the desired service.

 
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