Revision date: Feb 11, 2023

All services provided by Rackstrack may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or city law is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrets and another statute. The subscriber agrees to indemnify and hold harmless Rackstrack from any claims resulting from the use of service which damages the subscriber or any other party.

Rackstrack is not responsible for any damages your business may suffer. Rackstrack makes no warranties of any kind, expressed or implied. Rackstrack is not responsible for any loss of data or damages due to service interruptions.

Abuse

Prohibited are sites that promote any illegal activity or present content that may be damaging to Rackstrack servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

CPU/Resource Intensive Programs
Denial of Service Attacks
Spamming / Email Marketing
Hacking / Cracking
Transmission or storage of any data or material that is in violation or regulation of any law is prohibited. This includes but is not limited to: copywritten material, trademarks, or any other illegal content including:

MP3s, Movies, Pirated Software, and Hacker Programs.
Warez, image/file dumps, mirrors
Sale of controlled substances
TOR exit nodes (Relays and Bridges are acceptable)
Virtual currency/cryptocurrency (*coin) mining

Blockchain Applications
IP Scanning, brute-force programs, and spam scripts

Traffic Usage

All account plans come with a predetermined amount of traffic allowance. Services may be suspended upon going over the services allotted bandwidth. Additional bandwidth may be purchased at any time.

Fair Use Policy (FUP Plans)
Fair-use bandwidth plans (shared unmetered plans) are intended for common web hosting usage. These ports follow what is considered a ‘fair use’ distribution and are different than dedicated unmetered port (DUP) bandwidth plans. Expected usage on dedicated servers, hybrid servers or colocation service is 30% of the port capacity. Expected usage on VPS services is 10% of port capacity. Applications that may find themselves in violation of ‘fair use’ include, but are not limited to high-traffic CDN, unrestrained torrenting, video streaming, and file sharing. Many customers find themselves able to easily manage traffic within fair-use boundaries. Sustained usage may result in port rate limiting or traffic shaping at Rackstrack’s sole discretion until a fixed bandwidth or dedicated port option is arranged.

Account Transfer / Push Policy:

Rackstrack charges a $5.00 one-time administrative fee for each service requested to be transferred to another party. The fee must be paid prior to the transfer being complete. Additionally, the service must be up to date with no outstanding/current created invoice.

Rackstrack at its sole discretion reserves the right to deny any transfer request.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Rackstrack is strictly prohibited. As our customer, you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be canceled without a chance of a refund.

Server Abuse Fee

Rackstrack has zero tolerance for abuse. As such any abuse complaint received will be charged a fee of $30 USD/IP/Incident.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites, and dedicated servers of Rackstrack must adhere to the above policies, with the exception of system resources with respect to dedicated servers.

Billing

Accounts will not be activated until the first month’s payment is received and the account is verified. Users will receive invoices via email at least one week prior to the service due date. Invoices must be paid on or by the date of the invoice. Failure to pay the invoice on time will result in account suspension. Accounts that are past due are subject to termination. If an account is terminated all data will be terminated and will not be recoverable. Rackstrack is not responsible for any data loss due to non-payment.

Affiliate Payouts

All affiliate payments are made either on the 1st or the 15th of each month. Payouts will be subject to manual review.

Credit Card Policy

Additional verification for orders paid via credit card may be required. Verification includes a copy of the photo ID and credit card used at the time of purchase. If the account is not verified we reserve the right to cancel the order. All credit card payments are billed automatically on the service due date.

Late Fee

Payments are considered past due 1 day after the due date. Accounts that become past due are subject to a 15% late fee that will be applied to the service invoice. The late fee must be paid prior to the service being reactivated.

By the Account Activation Date of each month, Rackstrack shall either:

(1) debit the client’s credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Rackstrack by no later than the specified payment due date. Rackstrack shall be entitled to immediately terminate this agreement for the client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Money back guarantee & refund policy

We do not generally refund canceled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain registrations, add-on purchases, SSL certificates, or overage charges. In case of AUP violations, any and all refunds are forfeited.

Cancellation Refunds

We DO NOT refund partial monthly fees to accounts. We require 30 days’ notice for a cancellation.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability

Rackstrack shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Rackstrack ‘s servers going offline or being unavailable for any reason whatsoever. Furthermore, Rackstrack shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any website from one of Rackstrack’s servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these Acceptable Use Policies should be referred to [email protected] All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

Rackstrack cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Rackstrack are resold. Thus, certain equipment, routing, software, and programming used by Rackstrack are not directly owned or written by Rackstrack. Moreover, Rackstrack holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Rackstrack sees fit.

Account Activation

By activating your account with Rackstrack, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines, and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee

Rackstrack guarantees 99.99% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

Rackstrack reserves the right to amend any or all of the above policies, guidelines, and disclaimers without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.