Terms of Service

RACKSP5, provides online services to its clients to help them maintain online presence that is beneficial to 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 Terms of Service (TOS).

1. Indemnification
2. Limitation of Liability
3. Clients Responsibility
4. Payment of Fees
5. Force Majeure
6. Cancellation and Early Termination
7. Copyright Files
8. Disk Space Abuse
9. Acceptable Usage Policy
10. Clients Information
11. No Spam Policy
12. Technical Support
13. Revisions to this Terms of Service
14. Miscellaneous
15. Service Guarantee
16. Network Security
17. Static and Dynamic Content Caching
18. IP Address Ownership
19. Uptime Guarantee
20. Hosting Service Termination

The clients agrees to defend, protect and hold RACKSP5 harmless of any stipulation, liability, losses, expenses, and claims resulting from the use of the services provided by the Company. This includes but not limited to attorney fees, any injury to a person or property potentially caused by the products or services sold or distributed in association with RACKSP5, violation of copyright, trademark and other intellectual property codes, and any act performed by clients that is infringing the proprietary rights of a third party.

Clients acknowledges and agrees that RACKSP5 shall not be responsible for any profit loss, indirect, incidental, special, punitive or consequential damages, arising out of the services provided by RACKSP5. If a problem arises in connection with any license, use or employment of any service delivered to clients and the problem is deemed unmanageable, RACKSP5 agrees to offer reasonable discount to clients deemed deserving of such consideration. The rate of such discount is solely on RACKSP5's discretion.

Backups created by RACKSP5 are for internal use only. Automated back up may fail or be corrupted, thus we do not warrant its completeness or integrity. The client shall be responsible in securing a backup of their website, database, email and all other information uploaded to RACKSP5 servers.

Client shall be responsible in monitoring payment due dates for all services subscribed to RACKSP5. RACKSP5 shall not be responsible for any loss, indirect, incidental, punitive or consequential damages arising from suspension or termination of subscription due to delayed payment or non-payment of product subscription to RACKSP5.

RACKSP5 may provide free or paid assistance in migrating domain, hosting and other digital assets from another provider to RACKSP5 or vice versa. RACKSP5 does not warrant that the migration will be free from error, will be migrated on a timely manner or be migrated successfully or completely. It is ultimately the client's responsibility to determine, confirm and continue to monitor that the domain and website has been transferred or migrated succesfully, that all DNS records are working properly and that all services including e-mail are working as expected. RACKSP5 will not be liable for any loss, indirect, incidental, special, punitive or consequential damages arising from delays encountered, downtime, website problem, website corruption and domain deletion related to migration or transfer assistance provided by RACKSP5 domain and website migration.

Client shall exert effort in ensuring that the website is secured. RACKSP5 shall not be responsible for any damages or losses caused by partial or full damage to the website or e-mail service caused by hacking activities, including but not limited to shell exploit insertion, SQL Injection, and other form of cybercrime attacks.

The notification for renewal of hosting service is emailed to clients's account ahead of the actual renewal date. A penalty of 1% of the total hosting price shall be added to the remaining balance if clients fails to pay the amount due within fifteen (15) days after the actual renewal date.

Failure of the clients to provide RACKSP5 of the decision within five (5) days after the end date of hosting may force the latter to suspend the hosting.

All payments for hosting services are non-refundable once the 30-day money back guarantee has lapsed.

Non-compliance to the provision of the foregoing Terms of Service shall be a ground for termination of annual hosting plans. Violation of the foregoing policies shall forfeit any payments already made for a giving subscribed period even if it is within the 30-day money back guarantee period.

Refund of payment may take up to thirty (30) days from the date the refund was offered for processing. Client agrees to allow RACKSP5 to resolve technical issues before processing of refund. Technical issues resulting from choosing inappropriate package, client's inability to resolve technical issues that are not web hosting related or reasons that are beyond RACKSP5 capacity to resolve maybe refunded proratedly based on the length of time during which the account was active.

RACKSP5 reserves the right to restructure pricing when it deems necessary to adapt to industry changes without prior notice. On price vague of any hosting packages or domain registration, RACKSP5 agrees to allow reasonable time of 30-day to continue using the service and to settle the difference in package cost or fees or to look for another service provider.

Notwithstanding the contrary contained in this section, neither RACKSP5 nor any of its employees warrants that the hosting services will be uninterrupted or error-free.

In no event will RACKSP5 be liable to the clients or any third party for any damages, such as lost of profit or savings, or other incidental, consequential, punitive, or special damages arising out of the website operation due to circumstances beyond our reasonable control, including, but not limited to, service interruptions caused by force majeure, fortuitous event, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, their computer or Internet software, even if RACKSP5 has been advised of the possibility of such damages.

Clients agrees that RACKSP5 may suspend its services to clients with or without notice if: (i) RACKSP5 believes that the services are being used as against the Acceptable Usage Policy; (ii) clients fails to cooperate with any reasonable investigation of any suspected violation of the Acceptable Usage Policy; (iii) RACKSP5 reasonably believes that the suspension of service is necessary to protect its network or its clientss; or (iv) as requested by a law enforcement or regulatory agency.

The Agreement may be terminated by clients prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if RACKSP5 fails in a material way to provide the service in accordance with the terms of the Agreement and does not address the failure within ten (10) days of clients's written notice describing the failure in reasonable detail.

The Agreement may be terminated by RACKSP5 prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon fifteen (15) day notice if clients is overdue on the payment of any amount due; (ii) clients materially violates any other provision of the Terms Of Service, including the AUP, and fails to address the violation within ten (10) days from the receipt of a written notice from RACKSP5; (iii) upon three (3) day notice if service is used in violation of any term of the AUP more than once, or (iv) upon one (1) day notice if clients violates Section 5.3 of the AUP.

Either party may terminate this agreement upon five (5) day advance notice if the other party admits insolvency.

All files stored in RACKSP5's servers must be legally owned and be accompanied with a valid license and/or copyright. This includes and is not limited to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, and ISO. Should RACKSP5 discover any unlicensed and/or illegal files within client’s account, the files will be subjected to deletion.

RACKSP5 will be the sole arbiter as to what constitutes a violation of this provision. clients shall be responsible for monitoring the disk space usage. Should for any reason clients would need extra disk space, the same may contact RACKSP5. clients may also upgrade hosting plan from inside RACKSP5 client account. RACKSP5 shall not be responsible in maintaining quotas of individual accounts including but not limited to sub-directory, email and disk space consuming accounts.

This section is further explicated in the Acceptable Usage Policy.

Clients agrees to use our services under the Acceptable Usage Policy, which forms integral part of the Terms of Service. Clients also agrees that RACKSP5 holds the right to modify the AUP to make it applicable to the present standards and laws. In the event of a dispute between RACKSP5 and clients regarding the interpretation of the Acceptable Usage Policy, commercially reasonable interpretation of the AUP shall govern.

Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that Your Company hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of Your Company notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Your Company reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Your Company and Customer regarding the interpretation of the AUP, Your Company commercially reasonable interpretation of the AUP shall govern.

The clients assures RACKSP5 that the information provided, and will be provided to RACKSP5 for purposes of establishing and maintaining the service is accurate.

RACKSP5 has zero tolerance to spam messages. Any violation of the RACKSP5 No-Spam Policy presented in the Acceptable Usage Policy may result in account suspension and/or termination depending on the severity of offense.

RACKSP5 reserves the right to identify the best possible action taken to correct any violations as outlined in the AUP.

The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ('mail bombing'); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.

NOTE - If YOU use the services of another provider to promote a website hosted by or through Your Company ('spamvertising'), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

In its pursuit to provide a personalized service to its clients, RACKSP5 offers technical support. This support includes troubleshooting and debugging of the cPanel interface and hosting functionalities. In certain cases, RACKSP5 may also help clients with issues on scripts, templates, and programming language. However, due to the multitude of available scripts and compatibility requirements, RACKSP5 cannot warrant support or full hosting compatibility with all scripts. Client shall be responsible in ensuring that the script, application or content management system is compatible with RACKSP5's hardware and software version. RACKSP5 is not obliged to help the clients in the installation of new application modules and other related software or programs. RACKSP5 is also not responsible for fixing errors that have been caused by modification of the applications made by clients.

RACKSP5 reserves the right to update, revise or amend this policy. Archive of old Terms of Service shall be made available and links will be included at the bottom of this page. Notice of the update, revision, and amendment will also be sent to primary client email registered in RACKSP5

By continuing to use RACKSP5 services after the updates, revisions, or amendments are effective, clients acknowledges and agrees to abide by them.

If any section of this Terms of Service 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 directors, officers, and employees against all claims and expenses resulting from any violation of this TOS.

RACKSP5 applies best practices in maintaining its servers and infrastructures; however RACKSP5 does not guarantee an interruption-free hosting service, loss of data, consistency of back-up files and network availability. RACKSP5 makes use of best security software, hardware and web application firewall, exploit and rootkit scanners in all its servers. RACKSP5 patches software as soon as new stable versions are released. clientss acknowledge that RACKSP5 is using combination of open source technology including but not limited to operating system, control panel, plugins and Content Management System developed by open source communities or private entities involved in software development. clients acknowledges that softwares, even those that are released by big companies may contain vulnerability.

Shared hosting packages are designed to cater business websites that can tolerate certain level of security risks. Shared hosting packages are not designed to host websites that require high level of security, including but not limited to financial transactions, payment facility, & other high confidential information.

RACKSP5 servers are not archived and furthermore, shall not be liable to the clients or to any other party for loss, damage or destruction of any content hosted in our servers. Furthermore, servers are not intended to host PCI (Payment Card Industry) or HIPPA (Health Insurance Portability and Accountability Act) compliant platforms.

RACKSP5 shall not be liable for any direct or indirect losses, expenses, and claims resulting from the use of the services provided. RACKSP5 responsibility is to assist clients in restoring any availble backup or clients generated backup in case of data loss, data damage, hacking or any undesirable website modification. In case of irrecoverable damage, RACKSP5 reserves the right to charge clients a reasonable fee for re-coding the website, when possible.

Clients may not use the RACKSP5 network in an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for clients, logging into a server or account clients is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other security policy of RACKSP5.

Clients expressly grants RACKSP5 a license to cache the entirety of the website, including content supplied by third parties, hosted by RACKSP5 under this TOS and agrees that such caching is not an infringement of any of clientss intellectual property rights or of any third party's intellectual property rights.

RACKSP5 shall maintain and control ownership of all IP numbers and addresses that may be assigned to clients by RACKSP5 reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

RACKSP5 guarantees 100% hardware uptime and 99.99% web and database server uptime to any clients in good financial standing with RACKSP5.

RACKSP5 shall terminate a client’s hosting service that has been suspended for at least six months. In such case, RACKSP5 will not preserve any backup file for the terminated service, whether on the local or remote backup disk. The account will hence be considered delinquent. In the event that the client wants to reorder using the account considered delinquent, client has to undergo the same ordering process, but none of the backup files from the previous terminated service may be retrieved.

SERVICE LEVEL AGREEMENT (SLA) and SPECIFICATIONS - RACKSP5 endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime (“unavailability”) is defined as 100% packet loss from RACKSP5 to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via RACKSP5's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by sending email to technicalsupport@racksp5.com. RACKSP5's administrators will determine the end of the downtime by a trace route to client’s machine from outside the RACKSP5 network.

SHARED HOSTING CREDITS - In the event that clients website is unavailable for less than 100%, RACKSP5 will credit the following month's service fee as follows: clients credit shall be retroactive and measured 24 hours a day of a calendar month, with the maximum credit not exceeding 100% of the monthly service charge for the affected month. - 95% to 99.9% - client’s account will be credited 20% of your monthly hosting fee - 90% to 94.9% - client’s account will be credited 50% of your monthly hosting fee - 89.9% or below - client’s account will be credited 100% of your monthly hosting fee.

Credit shall not be provided to client nor RACKSP5 should be liable to the client, its employees, clients or agents from outage resulting from - scheduled maintenance as posted from time to time at RACKSP5 - client’s behavior or the performance or failure of your equipment, facilities or applications, - circumstances beyond RACKSP5's reasonable control, including, but not limited to, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability, interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of web site,

Use of services provided RACKSP5 means acknowledgement and acceptance of the Terms of the Agreement.

Your Company follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.