Acceptable Usage Policy

RACKSP5 provides shared hosting services to its clients to help them maintain online presence that is beneficial in their informational and commercial endeavors. The use of services from RACKSP5 or submission of an online order form constitutes acknowledgement and agreement to the terms outlined in this Acceptable Usage Policy (AUP). RACKSP5 is under no duty to monitor or control Clients’ activities and is not responsible for any misuse of the RACKSP5.

1. Introduction, Purpose, and General Terms
2. Content and Lawful Use
3. RACKSP5 No-Spam Policy
4. Domain Registration and Renewals
5. Violations of Acceptable Usage Policy
6. Privacy of Data
7. Reporting of abuses and violation
8. Addressing of Complaints
9. Account Policies and Cancellation
10. Revisions to this Acceptable Usage Policy
11. Miscellaneous
12. Code of Conduct
13. Prohibited scripts, software, and misuse of system resources
14. Computing Resources
15. Bandwidth and Storage Use
16. Unlimited and Unmetered Packages/Plans
17. Internet Etiquettes
This section gives client an opportunity to learn about RACKSP5 and the products and services it offers. By using this site, and any other sites or services owned, operated, or provided by RACKSP5, client signifies agreement to the terms, conditions and notices of this policy.

This Acceptable Usage Policy is used in conjunction with the Terms of Registration, Terms of Service, Privacy Policy and other legal documents, including signed contract and project document deemed relevant to providing hosting and/or domain registration services, presenting the principles, guidelines and requirements governing the use by the client of the services and products of RACKSP5.
Acceptable Use Policy adhere to local and international laws affecting the services offered by RACKSP5.

RACKSP5 reserves the right to impose reasonable rules and regulations in connection with the use of the services it offers. Client also acknowledges the right of RACKSP5 to make reasonable changes on the services it offers, including but shall not be limited to pricing, acceptable contents and use.

RACKSP5 reserves the right to transfer accounts to another server without permission from the owner when it deems necessary to protect the interest of RACKSP5 and its clientele.

RACKSP5 will not exercise editing, monitoring and censorship of the contents hosted in any of its servers. Therefore, clients are responsible for whatever content they upload.

While RACKSP5 cannot and will not censor all information and content from clients, all services provided by RACKSP5 shall be used for lawful purposes only. RACKSP5 will adhere to legal orders from government agencies and private entities with legal authority to impose sanctions on domain and hosting accounts. It shall abide by the legal orders coming from the government and any other bodies bound by international law, or any legal orders directed to private entities such as but not limited to Inmotion Hosting, WHM, WHMCS, Cpanel, Namecheap and eNom, Inc. RACKSP5 shall likewise comply to requests from anti-cybercrime or anti-fraud agencies to suspend, terminate and collect data from suspicious accounts found to be participating in fraudulent and illegal activities.

Encrypted contents may be subjected to scrutiny to protect the interest of users in the system. RACKSP5 reserves the right to remove encrypted files, move it to another server, suspend or terminate an account as it deems necessary to protect other users in the server.

RACKSP5 will neither be held liable for any violation that may be committed by client nor for any damages, such as loss of profit or savings, or other incidental, consequential, punitive, or special damages arising out of the hosting services due to circumstances beyond reasonable control.

Examples of unacceptable material on all RACKSP5 servers include:

-Topsites
-IRC Scripts/Bots
-Proxy Scripts/Anonymizers
-Downloadable media files, i.e. movies, music, animated content
-Video or audio streaming sites, download sites or sites that stores files that are not meant for web publication
-Pirated software/warez
-Image hosting scripts (similar to photobucket or tinypic)
-AutoSurf/PTC/PTS/PPC sites
-IP Scanners
-Bruteforce programs/scripts/applications
-Spam scripts
-Link farms
-Black Hat SEO related contents
-Banner-ad services (commercial banner ad rotation)
-File dump/mirror scripts (similar to rapidshare)
-Commercial audio streaming (more than one or two streams)
-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/gambling sites
-MUDs/RPGs/PBBGs
-Hacker focused sites/archives/programs
-Sites promoting illegal activities
-Forums and/or websites that distribute or link to warez/pirated/illegal content
-Fraudulent sites, (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
-Push button mail scripts
-Broadcast or streaming of live sporting events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
-Anonymous or bulk SMS gateways
-Defamatory contents, gender discriminatory contents, contents / URL / codes that contains words that is obscene, socially unacceptable, immorality, taboo, racial discriminatory, and other offensive launguages as deemed unsuitable for business web publication by RACKSP5.

RACKSP5 reserves the right to determine if contents, domain name, URL, embedded codes, images and animation are in direct or indirect violation of these contents. RACKSP5 further reserves the right to immediately and without notice, suspend any doubtful account specially when there are indications of possible abuse or attack. Moreover, RACKSP5 further reserves the right to suspend accounts which contents are encrypted and where there are indication that accounts can be used as jumping board for an attack.

Clients are expected to comply with the RACKSP5 No-Spam Policy presented in this section.

While RACKSP5 allows the use of mailing scripts and newsletters, RACKSP5 does not encourage sending of unsolicited emails.

If another person happens to receive unsolicited commercial electronic mails, the client may report any violation of the No-Spam Policy by following the instructions presented at the section of Reporting of Abuses and Violation.

RACKSP5 defines spam, also known as spam email, junk email, or mass email, as a message usually sent for business or commercial purposes, sent to one or more recipients with whom no pre-existing business or personal relationship has been established. These unsolicited messages are usually received on a daily basis.

RACKSP5 reserves the right to notify client to remove the complaining party to its mailing list or to totally suspend or stop sending of unsolicited emails upon discretion of RACKSP5 or receipt of orders from authority.

Sending of bulk e-mails may cause certain RBLs or mail provider to block dedicated IP address that may affect other clients in a shared hosting server.

Sending of mass email consumes considerable amount of CPU power and memory, and as much as mass mail sending is limited to 100 mails per hour and maximum of 500 recipients in the mailing list unless one must hosted in a dedicated server. If client would need to send beyond these limits, please open a support ticket.

In order to protect other Clients hosted in shared hosting accounts, RACKSP5 reserves the right to modify the password of an email account being used as relay to stop mass mail sending, suspend an account or do whatever is necessary to prevent a system overload if mass mail sending is consuming too much computing power.

By authorizing RACKSP5 to register your domain name, client is bound by the terms of registration agreement.

Domain name registrations and/or renewals are completed only after payment has been received.

Client shall be responsible in monitoring the renewal date of domains registered through RACKSP5, RACKSP5 will not be held liable for domain expiries due to failure to pay registration or renewal fees or client not being able to receive notification.

Client acknowledges that failure to renew the domain name registration during a set period of time signifies abandonment of the domain name registration that may lead to making it available for sale and registration by a another party.

RACKSP5 reserves all rights, without limitation, to reject the domain name transfer request away from RACKSP5 for the following reasons, but not limited to:

* No response from the registered name holder or administrative contact;
* Domain name in registrar lock status and there is no request from registered name holder or administrative contact for the status change;
* Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer.
* Client agree and acknowledges that the failure or success of a domain name transfer will be his/her sole responsibility, and RACKSP5 will not be held liable for the failure of a domain name transfer for any reason.
* Moreover, domain registrations are non-refundable. Clients must purchase the domain name until you are certain that it is exactly what they would like to buy and that it is spelled out correctly.

The following are the violations resulting from improper use of services provided by RACKSP5.

Use of services to perform an act clearly violating laws of the state would constitute a criminal offense. This includes transmitting, posting, storing or presenting data or information that aids in the processing of illegal goods and services, terrorism, and the like.

Other violations including fraudulent financial activity, phishing or falsification of identity, copyright and trademark infringement, gambling, defamation, improper expose of trade secrets, nudity, pornography, child pornography, vulgarism, spamming, spreading of harmful viruses, and threats and harassments.

Use of domain and hosting services to transmit, store, and display illegal or obscene contents and publish materials protected by copyrights, trademarks, service marks, patents and other related laws are grounds for suspension and termination without prior notice.

Other activities not above mentioned but are deemed injurious to fellow clients and network operations shall be addressed on a special basis.

RACKSP5 assures privacy in relation to data and communications across and within its servers. All data are treated with confidentiality, pursuant to existing laws and legislation where applicable, and shall not in any way be released to any third party unless sanctioned by the court of law.

Reporting of Abuses and Violation

RACKSP5 advocates the positive use of our services to help entities achieve their goals.
However, RACKSP5 requests for the vigilance of netizens and aid in reporting violations of this Acceptable Usage Policy
Reports of violation may be submitted here. Include in the report any evidence of violation committed to enable us to verify your complaints.

Upon receipt of reports, RACKSP5 in its sole discretion may conduct an investigation.
Being the client's hosting provider, RACKSP5 reserves the right to perform measures to correct any of the abovementioned abuses and violations.
Upon verifying complaints, RACKSP5 may perform without notice one or more of the following actions depending on the weight of offense:
Issuance of written or verbal warning
Removal of content violating this AUP
Suspension of services
Termination of services

In order to cancel domain and/or hosting services, client must cancel the service inside the client area or send formal request here.
Cancellation made within the 30-day beginning period of hosting service is subject to the RACKSP5 30-day money back guarantee. Cancellation after the said period is no longer refundable.
Payments made for the domain registration are not refundable.

RACKSP5 reserves the right to update, revise or amend this policy whenever it deems fit in, order to comply with registration to keep up with mandatory trends.
By continuing to use RACKSP5 services after the updates, revisions, or amendments are effective, Client acknowledges and agrees to abide with them.

If any section of this Acceptable Usage Policy is deemed invalid or unenforceable, the remaining sections will remain in full force and effect. Client agrees to indemnify, defend and hold harmless RACKSP5, its management, officers, and employees against all claims and expenses resulting from any violation of this AUP.

RACKSP5 is designed to serve the web hosting needs of most companies, especially small, independently owned and operated businesses.
Clients must take reasonable security precautions especially with the confidentiality of your passwords and other access credentials.
Periodic changing of password for RACKSP5 hosting client account is encouraged, but storing the login details on a secure place is strongly recommended to prevent forgetting of credentials.
Actions taken with the help of RACKSP5 hosting account must comply with CAN SPAM Act and Cybercrime Prevention Act.

Any activity that is intentionally or unintentionally causing harm to resources of any server in RACKSP5 is prohibited. This includes but shall not be limited to use of high CPU time consuming software, improper use of server space, unauthorized reselling, and unauthorized access to remote systems, using shared hosting account's email for sending or receiving system notification to multiple recipients periodically or continously.
Internet Relay Chat (IRC), CGI or PHP-based shell scripts, web proxy scripts, and other script and software aimed at illegal accessing of a website, server or channel and other relative objectives are prohibited and therefore are grounds for suspension and termination of an account. Scripts such as online training, forum, advertisement boards, real-estate property listing maybe allowed provided that traffic is within reasonable degree for a shared resource and email notification to members do not exceed an average sending limit of 400 emails per hour and is not causing RBLs and popular mail providers to block shared or dedicated IP address. RACKSP5 reserves the right to determine if an account is using up resource beyond the average business usecase for the package and may recommend an upgrade or transfer to another virtual machine or server.

RACKSP5 Clients may not imitate the following as this may result in termination of account with no refund.
Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero and Folding@home.
Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services however, are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.
Run any software that interfaces with an Internet Relay Chat (IRC) network.
Run any file sharing, bit torrent or other P2P network services, client or server software including but not limited to gaming, inventory system, high volume transactional database, high volume file upload / download scripts and other non-conventional business website application.
Run any gaming servers such as counter-strike, half-life, battlefield 1492, and the line.
Using email service as a catch-all mail for forwarded emails coming from different server or using email to receive automated and high volume email notifications from a third party system or server.

The intention of RACKSP5 is to provide a considerable disk space and bandwidth for storage and transfer of web documents. If client violates this and uses RACKSP5 hosting services as an offsite storage area for non-website related electronic files, backup storage, multimedia streaming, client-server application including P2P network services, gaming, or forums / portal and other non-conventional business website application that use up considerable server resource and bandwidth, client may be billed for overusage.

Client agrees to use the allowable bandwidth depending on the chosen package. Unused allocated bandwidth cannot be carried over to the next month. RACKSP5 reserves the right to suspend and terminate an account violating this AUP or to move the account to another server operated by RACKSP5 in order to protect other accounts. Storage is defined as the amount of data stored in an account including email and email attachments, web files, media files, program and script files and virtually anything uploaded in an account's home directory and its sub-directories. Each account has a certain storage capacity in Gigabytes. Aside from these limits, RACKSP5 imposes another limit based on the number of files that are allowed to be stored in an account. Otherwise known as iNode limit.
RACKSP5 does not set arbitrary limits on the amount of disk space a client can use for the client's website, nor does RACKSP5 charge additional fees based on an increased amount of storage used, provided the client's use of storage complies with these terms. It must be noted, however, that the RACKSP5 service is designed to host websites. RACKSP5 does not provide unlimited and unmetered space for online storage, backups, or archiving of electronic files, documents, log files, and the like, and any such prohibited use of the services will result in the termination of client's account, with or without notice. Accounts with a large number of files i.e., inode count in excess of 150,000 can have an adverse affect on server performance, therefore is not allowed in a shared hosting environment. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables i.e., in excess of 1000 database tables or of database size i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database negatively affect the performance of the server. RACKSP5 may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance otherwise, RACKSP5 will terminate the client's account, with or without notice.

Unlimited and Unmetered hosting packages/plans have lower CPU and RAM usage to prevent website owners from abusing the unlimited and unmetered packages/plans and exhausting server resource, making it less ideal for moderate to high traffic business websites. Packages/Plans under our unlimited and unmetered packages/plans are also not designed for file, mass mailing, video and image storage/sharing, backup storage, chat server, video and audio streaming and similar application. Unlimited and Unmetered packages/plans cannot be assigned a dedicated IP address also.

RACKSP5 reserves all rights in the determination of suitability of its service packages/plans to client’s needs, and as such, shall undertake measures that would ensure client compliance to the foregoing. Clients may not engage in illegal, abusive, or irresponsible behavior, including:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to RACKSP5 and its Clients) without express authorization of the owner of the system or network;
monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
Any conduct that is likely to result in retaliation against the RACKSP5 network.
Use of RACKSP5's hosting network in a way that unreasonably interferes with RACKSP5's other clients use of the network.