This policy represents the Secured Racks’s Terms of Service in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Secured Racks customers agree to when they sign-up for any of the Secured Racks web site hosting services. Secured Racks reserves the exclusive right to change, amend or revise any portion of this Terms of service policy at any time, with or without written notice to our customers.
Customers using any services offered by Secured Racks agree to be obligated by and must comply with all policies in this Terms of service or must otherwise opt out of and cancel their web hosting service with Secured Racks. Secured Racks retains the sole discretion to make judgment regarding any violation by any Secured Racks customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund and/or, if deemed appropriate, be legally prosecuted.
Secured Racks strives to provide a safe, reliable, and enriched browsing and service experience to clients and the global community. In order to fulfill this goal we sometimes collect information during your visit to our website. Secured Racks promises the following:
The purpose of this Privacy Policy to enable you to understand which personal identifying information (“PII”, “Personal Information”) of yours is collected, how and when we might use your information, who has access to this information, and how you can correct any inaccuracies in the information. Information We Collect
Secured Racks collects certain information from and about its users in three ways: (i) from our web server logs, (ii) with cookies, and (iii) directly from the user. Web Server Logs
Our website uses cookies (i.e., small bits of text that our servers place into a file on your computer’s hard drive). We use cookies to save your preferences and login information, and provide personalized functionality. You can reject cookies by changing your browser settings, but be aware that this will disable some of the functionality on the Secured Racks website. More information about cookies can be found here http://en.wikipedia.org/wiki/HTTP_cookie
On some pages of our website users can register to purchase products or services, receive personalized content, and participate in surveys or forums. When you register, Secured Racks may ask you for some personal information. If you purchasing products or services from Secured Racks, we will request financial information such as credit card or bank account information. Any financial information we collect is used only to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations or service inquiries, we will ask your name, address, e-mail address, or telephone number. We may then contact you with information about Secured Racks products and services.
The Internet and web site hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times. Secured Racks however, offers a 99.9% uptime guarantee. This is valid for only the Secured Racks’s servers and our primary co-location internet connection. Secured Racks shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, Secured Racks is not responsible for any down time caused by any provider’s hardware or network malfunction which is outside of Secured Racks’s capability to directly correct. Secured Racks clients are diverse and their web sites and the function of those web sites are diverse and Secured Racks cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack. Secured Racks MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Secured Racks nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Secured Racks, even if Secured Racks has been advised to the possibility of such damages.
IN NO EVENT SHALL Secured Racks BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Secured Racks. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Secured Racks’S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Secured Racks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Secured Racks. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Secured Racks FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Secured Racks. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold Secured Racks and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Secured Racks’s servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Secured Racks’s equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Secured Racks’s gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Secured Racks will provide Internet server rental (“the Service”) to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Secured Racks members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Secured Racks members will use the provided services in a manner consistent with any and all applicable laws. Secured Racks provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Secured Racks reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Secured Racks can terminate client’s account without notification. Setup of our shared and reseller plans will be instant. It will take 24 to 72 hours for setting up our VPS and Dedicated servers.
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Secured Racks or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Secured Racks or any third party. Customers may not run IRC, bots or clients. Clients may not use Secured Racks servers for file storage unrelated to the client’s web site, storage Space is for active web site file pages only. Secured Racks’s shared hosting account holders may not act as a reseller, which means that clients may not host any web sites in their add-on domains that are not domains owned by the client on record at Secured Racks. You will need to opt-in for our hosting service. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing web sites. Secured Racks will be the sole and final arbiter as to what constitutes a violation of this policy. Secured Racks does not normally monitor the contents of clients servers, however if suspicion occurs, Secured Racks reserves the right to investigate and terminate the clients subscription to the service.
Resources are defined as bandwidth, memory and/or processor utilization. Secured Racks offers a shared web hosting service in which environment customers may share resources with other customer’s, therefore it is imperative that Secured Racks control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A website is considered using “Excessive amounts of resources” when it monopolies the resources available using 8% or more of system resources for longer than 60 seconds. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. Any site that consumes over the account limit of bandwidth is also considered an “excessive resource” user. In the event of excessive resource usage Secured Racks may act in the following manner: if the excessive usage may cause a disruption of service to any other customer, Secured Racks may suspend that customer’s account prior to notify that customer, Secured Racks may also contact the excessive usage customer prior to taking any action if Secured Racks feels that the excessive usage will not interfere with the service of any other customer. Client suspensions prior to notification by Secured Racks is rare and is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using “excessive resources” may be asked to upgrade his/her package to one of our dedicated server packages to reduce their excessive usage utilization in the future. Secured Racks will be the sole and final arbiter as to what constitutes a violation of this policy.
UCE/UBE or “Spam” originating from a server located on our network or associated with Secured Racks server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the Secured Racks network but is sent from an e-mail address not associated with that Secured Racks account. Client shall not use their Secured Racks services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Secured Racks reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
Secured Racks allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility or our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script or Secured Racks reserves the right to terminate that clients’ account.
Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact Secured Racks concerning unethical, false or unlawful activities by you, Secured Racks reserve the right to suspend or terminate your service with or without notice.
Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
Secured Racks provides the tools needed to create back ups of account data. Secured Racks also backs up its servers and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Secured Racks does not provide or keep records or copies of our clients web site files for customer use and is not responsible for any loss of data.
Full payment is required in advance before hosting service is established. Secured Racks sends out invoices that are due every pay period. You warrant and represent that the information you supply in the Order Form/Email (or other information that Secured Racks may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client’s responsibility to ensure that payment is made to Secured Racks prior to the renewal date and although Secured Racks sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying Secured Racks, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal.
It is the obligation of the Secured Racks customer to know when their account comes up for renewal and if their intention is to non renew their account they must email to the Secured Racks 5 business days prior to their account’s renewal date to ensure that Secured Racks billing department receives the cancellation request well in advance of the renewal date so that they can stop any renewal charges. Secured Racks clients receive email notification 15 days prior to the renewal date of their account informing them that their renewal date is approaching. It is the customer’s responsibility to ensure that Secured Racks has a valid email address for which we can send out renewal notices to our clients. If Secured Racks does not receive a cancellation request prior to the customer’s renewal we will renew the clients’ account on the renewal date and we will apply the appropriate charges. Accounts will be automatically renewed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). The 15 day money back guarantee applies only to the start date of the clients’ service with Secured Racks and does not apply to renewals of service.
If the renewal amount is not paid by the due date is automatically marked overdue in the system. If renewal amount is overdue by more than four days (the grace period), the account is automatically suspended and a $15.00 late fee is added to the renewal amount. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original renewal amount plus $15.00 must be submitted to Secured Racks.
Should you become dissatisfied with our services within the first 15 days of your account activation, Secured Racks will refund your hosting fee subject to the money back guarantee terms listed in this agreement. This does not apply for clients that had their accounts suspended due to the violation of our terms and conditions. Refunds are not available for customers after the 15 days of account activation. 15 day rule applies for shared, reseller and VPS hosting only. We don’t offer money back guarantee for dedicated servers & domain names. It means that dedicated servers & domain names (registrations or renewals) are non refundable. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire billing period in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Secured Racks hosting service within the 15 day money back guarantee. In addition, refunds are not available for additional services which you may purchase at Secured Racks. For instance, an additional domain name we may purchase for a client is not refundable and a dedicated IP which we may setup for a client for a charge is not refundable. Web site files are the responsibility of the Secured Racks customer and should a Secured Racks customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the web site files and any emails from the Secured Racks server prior to requesting that Secured Racks cancels their account. Once the cancellation request has been submitted to Secured Racks a cancellation of the web site hosting service may occur anytime after the request is received by Secured Racks and when a cancellation request is completed the client’s hosting account with Secured Racks and their web site files are permanently removed from the Secured Racks servers. Therefore again it is the client’s obligation to ensure that they have downloaded their web site files and any emails from the server prior to their cancellation request.
Secured Racks offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. Secured Racks will try to maintain maximum uptime. Secured Racks is not responsible for any downtime caused by the client or bandwidth providers.