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The use of services from rackedhost.net [hereafter referred to as "rackedhost.net"] constitutes agreement to these terms.

1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with rackedhost.com, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. rackedhost.com is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. The free transfer services are available for 3 days from your sign up date. Transfers outside of the 3 day free period will incur a charge; please contact our Support Department with specific details to receive a price quote.

2.) Content
All services provided by rackedhost.com may only be used for lawful purposes. The laws of the State of Maine, and the United States of America apply. The customer agrees to indemnify and hold harmless rackedhost.com from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Furthermore, this includes setting up accounts with domain names that you or your hosting client does not own. (i.e. you cannot
set up an account with the domain name „microsoft.com. because you do NOT own it!) Any account found to be in violation of another entity.s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email admin@rackedhost.com with the information required.
Using any hosting account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups. Absolutely NO copyrighted material may be stored on any site that is not owned/licensed by the site owner! Examples of unacceptable material on all Shared and Reseller servers include:

. Topsites
. IRC Scripts/Bots
. Proxy Scripts/Anonymizers
. Pirated Software/Warez
. Image Hosting Scripts (similar to Photobucket or Tinypic)
. WebTemplates, Scripts, Audio, Video, etc. storage
. Radio/TV streaming feeds of any kind (this requires a Dedicated Server) only ffmpeg no live feeds allowed

. NO WebCam Streaming!
. AutoSurf/PTC/PTS/PPC sites
. IP Scanners
. Bruteforce Programs/Scripts/Applications
. Mail Bombers/Spam Scripts
. eMail Services
. Banner-Ad services (commercial banner ad rotation)
. File Dump/Mirror Scripts (similar to rapidshare)
. Commercial Audio Streaming (more than one or two streams)
. Commercial Video Streaming is permitted such as ffmpeg no live feeds
. Escrow/Bank Debentures
. High-Yield Interest Programs (HYIP) or Related Sites
. Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
. Sale of any controlled substance without prior proof of appropriate permit(s)
. Prime Banks Programs
. Lottery Sites
. Hateful/Racist/Harassment oriented sites
. Hacker focused sites/archives/programs
. Sites promoting illegal activities
. Forums and/or websites that distribute, promote or link to warez/pirated/illegal content
. Bank Debentures/Bank Debenture Trading Programs
. Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
. Mailer Pro
. Bulk emailing scripts (accounts are limited to 100 emails/hour with a 500 daily cap)
. FREE Website or eMail Account offerings (You may NOT give away our resources for FREE!!!)

Examples of unacceptable material on all Dedicated Servers include:
. IRCD (irc servers)
. IRC Scripts/Bots
. Pirated Software/Warez
. IP Scanners
. Bruteforce Programs/Scripts/Applications
. Mail Bombers/spam Scripts
. Escrow
. High-Yield Interest Programs (HYIP) or Related Sites
. Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
. Sale of any controlled substance without prior proof of appropriate permit(s)
. Prime Banks Programs
. Lottery Sites
. Hateful/Racist/Harassment oriented sites
. Hacker focused sites/archives/programs
. Sites promoting illegal activities
. Forums and/or websites that distribute or link to warez/pirated/illegal content
. Bank Debentures/Bank Debenture Trading Programs
. Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
. Mailer Pro
. Bulk emailing scripts (accounts are limited to 100 emails/hour with a 500 daily cap)

. NO sites promoting illegal activity of ANY kind!

NOTE: Adult-related websites are not permitted!
Furthermore, no website may contain naked / topless images on their front page (index.htm, index.html, default.htm, default.html, index.php, index.asp, you get the picture! )

MEMORY USE: Any account running scripts of any kind that cause an overload of our servers CPU Memory will be suspended.
Please keep in mind that unlimited diskspace and/or unlimited bandwidth does NOT mean unlimited CPU Memory use!
You must play nice & share! Our servers are ALL equipped with MORE than ample memory for hosting business & personal websites.
Our servers are not set-up as gaming-servers. or email-servers.. Our servers are also not set-up as Broadcast-Server for live radio or tv streaming!
These types of services truly require their own Dedicated Server so they do NOT interrupt the service of other sites. If you require these services, please contact our Sales Department to provide you with a quote for an Affordable Dedicated Server to meet your needs.

rackedhost.net services, including all related equipment, networks and network devices are provided only for authorized customer use.
rackedhost.com systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security.
During monitoring, information may be examined, recorded, copied and used for authorized purposes.
Use of rackedhost.com system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party.
rackedhost.com may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via a support ticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at admin@rackedhost.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account.
This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy
We have a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. All of our servers are set-up to permit no more than 200 emails per DOMAIN to be sent out each hour!

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

rackedhost.com reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. rackedhost.com reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of rackedhost.com.

4.) Payment Information
You agree to supply appropriate payment for the services received from rackedhost.com, in advance of the time period during which such services are provided. You agree that until and unless you notify rackedhost.com of your desire to cancel any or all services received, those services will be billed on a recurring basis.
This includes when accounts are suspended. When an account's invoices are paid outside of the 5 day grace period, invoices will not be automatically generated. However, after the customer notifies rackedhost.com of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.
Cancellations must be done in writing by opening a Billing Support Ticket to notify us, you can also email us. Once we receive your cancellation and have confirmed all necessary information with you via our Ticket Support System, or via email we will inform you that your account has been canceled. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of rackedhost.com, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify rackedhost.com of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by rackedhost.com.

rackedhost.com reserves the right to bill your credit card or billing information on file with us. all of your clients. accounts if you are a Reseller, until the account balance has been paid in full. It is the customer's responsibility to notify our sales team via email at admin@rackedhost.com after paying.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact admin@rackedhost.com

IMPORTANT: If an account becomes suspended at anytime for non-payment or TOS violations, rackedhost.com reserves the right to change the monthly payment amount! (i.e. your monthly fee is based on an eBay Special Promotional rate…
if your account gets suspended for non-payment or for TOS violations you will no longer qualify for the Special Low Promotional Rate!... EVER!!!) Keeping our rates low & affordable relies on our customers making their payments on time.
If you run into a financial bind, just submit a support ticket to our Billing Department or email us at admin@rackedhost.com to discuss payment options…
We really want your business to be a success and being in the website design & hosting business since 2007 gives us the opportunity to be flexible when necessary and within reason.

5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy.
rackedhost.com is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on rackedhost.com.
Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by rackedhost.com. We actively back-up all of our servers, but we do NOT back-up individual accounts.
You may utilize the account back-up function found in your cPanel as needed. You may NOT store more than one back-up copy of your account on the server. In other words, when you make a back-up you must delete the prior back-up copy, or move it off-site.
If you require back-up services for off-site storage we can accommodate this for you. Just contact our Sales Department at admin@rackedhost.com for a quote.

6.) Cancellations and Refunds
rackedhost.com reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time. rackedhost.com gives you an unconditional 7 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.

There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 3 days will be refunded on a prorata basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.

7a.) Resource Usage
Users may not:
a) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. (All of our Reseller Servers are equipped with a minimum of 4 CPUs w/ 6GB RAM!)
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on our shared or reseller servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on any of our servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes.
i) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

The use of more than 10,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 10,000 inode limit will automatically be removed from our backup system to avoid over-usage.
Every file (a webpage, image file, email, etc) on your account uses up one inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
The primary cause of excessive inodes seems to be due to users leaving their catchall email address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit.
To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase.
Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.
Unused transfer in one month cannot be carried over to the next month.

9a.) Money back Guarantee
On dedicated servers and collocation no full refund will be honored -- the 7 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.
Each of rackedhost.com's managed shared and reseller services carry a 7 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 7days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
rackedhost.com will not activate new orders or activate new packages for customers who have an outstanding balance with rackedhost.com. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by rackedhost.com in writing

9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive a partial credit on your account. Approval of the credit is at the discretion of rackedhost.com dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability.

The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact admin@rackedhost.com with justification. All requests must be made in writing via email.
Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

10.) Reseller: Client Responsibility ( WHM Resellers )
Resellers are responsible for supporting their clients. rackedhost.com does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client.
All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. rackedhost.com will hold any reseller responsible for any of their clients. actions that violate the law or the terms of service.
Resellers may NOT give away/provide FREE Hosting Services!
Any Reseller discovered providing FREE Hosting Services will be immediately terminated!

11.) Shared (non-reseller accounts)
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. We provide Hosting Plans at rackedhost.com and WHM Reseller Hosting Services at rackedhost.com

12.) Dedicated Servers
rackedhost.com reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets.
rackedhost.com reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact admin@rackedhost.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

13.) Price Change
The amount you pay for hosting will never increase from the date of purchase as long as your account remains in good-standing by being paid on time & not violating any of the rules outlined in our Terms of Service Agreement. We reserve the right to change prices listed on rackedhost.com, and the right to change the amount of resources provided to plans at any time.
Furthermore, if an account becomes suspended or terminated for TOS Violations or Non-Payment any „special discount. pricing will be lost to the account and our standard pricing will go into effect for the account.

14.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.

15a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold rackedhost.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against rackedhost.com, 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, its agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless rackedhost.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with rackedhost.com; (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 customers from rackedhost.com' server.

15b.) Arbitration
By using any rackedhost.com services, you agree to submit to binding arbitration. If any disputes or claims arise against rackedhost.com or its subsidiaries, such disputes will be handled by an arbitrator of rackedhost.com's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Maine.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

16.) Disclaimer
rackedhost.com shall not be responsible for any damages your business may suffer. rackedhost.com makes no warranties of any kind, expressed or implied for services we provide. rackedhost.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by rackedhost.com and its employees.

17.) Disclosure to law enforcement
rackedhost.com may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

18.) Changes to the TOS
rackedhost.com reserves the right to revise its policies at any time without notice.

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