Terms Of Service
This Web Hosting Agreement is between RACKCLOUDSPACE LTD. and any individual who wishes to purchase any of our products, hosting service or domain name service. To ensure that you’ve fully understood our terms and conditions, please read the following document thoroughly before proceeding to complete the purchase.
Customer Agreement
RACKCLOUDSPACE LTD. provides cloud-based web hosting, email hosting and domain registration services. Any individual or organization who wishes to proceed with using the service should agree on the terms and conditions before signing up for any of the plans or packages. The use of licensed and legal third-party software is to be agreed upon when establishing connection with our services.
RACKCLOUDSPACE LTD. reserved all rights to suspend, or terminate any customer’s access to our services, at any given time, in case a breach in this agreement is observed.
Content
RACKCLOUDSPACE LTD. reserves all rights to deny the sale of packages, services, or access to its servers to any customer at any point. Our services must only be used for operations and businesses approved by law and any illegal use is prohibited. In addition, storage, transmission or reproduction of any sensitive information in any way that violates the law is prohibited and the company reserves the right to take strict action. Other activities that are prohibited are detailed in the following:
Pyramid schemes, prime bank programs, forex, e-gold, proxy, bots. Spam, chat rooms, mail bombers, IP scanners, topsites,, gambling, Ponzi, mail harvesting scripts, file dumps, malware, lottery, warez, illegal downloads, port scanners, banner rotators, brute force scripts, band debentures and related trading programs, explosives, phishing materials, pirated software creation and distribution, high yield investment programs, adult thumbnail galleries, escrow, websites containing or linking to other websites containing illegal activities like human trafficking, prostitution or escort services.
Any website that is found to be hosting any material related to child pornography, any links to other websites containing child pornography, or other forms of exploitative content, will be suspended without warning or notice.
With respect to any adult material, which includes pornographic content, erotic graphics, or any sort of obscene content, the final decision is left entirely to the discretion of RACKCLOUDSPACELTD..
The embedding or upload of high-resolution video, images or audio or linking to websites that promote the likes is prohibited.
Illegal Content—This content includes materials that infringe copyrighted work, commercial videos, audio files, music, or any other material that violates legal regulation or is misleading in any way.
Warez—This genre of content includes pirated files and software, phreaking, ROMS, password cracking, emulators, hacking, IP spoofing and any activity that encrypts any of the mentioned items. Warez also includes websites that link to or contain ‘how-to’ information on the mentioned material.
Games—Hosting games on any of our servers is prohibited. If found, the respective hosting account will be terminated immediately without warning.
IRC Hosts—A communication layer protocol that is text-based and allows effective communication between public and private networks. If any virtual hosting accounts or servers are reported to be or seen to be connected to any such servers, they will immediately be removed without any sort of warning. They will then not be allowed to reconnect to our network until the involved party/parties agree to remove any traces of the IRC server. Parties violating this clause for the second time will have their accounts terminated.
RACKCLOUDSPACE LTD. reserves all rights to prohibit any other form of content if it is found to be hate-related, rude, indecent or another form or unacceptable.
Abuse Of Resources
- Compromising or attempting to compromise a network device that is the sole property of RACKCLOUDSPACE LTD., another company, an individual or a separate entity is prohibited. This also includes IP range scanners, port scanning, and vulnerability scanning. Any suspicious activities related to this will be subject to vigorous inspection and could end up in a termination of account.
- DOS or Denial of Service attacks or any attempts to launch one towards RACKCLOUDSPACE LTD. from one of our servers is prohibited. Suspicious activities regarding this may result in inspection and termination of account.
- The hosting of illegal material or software, or material that could be used to commit or encourage illegal activity including software exploits, hacking tutorials and tools, viruses, bomb making tutorials, or similar content is prohibited. Any suspicious activities regarding this will be thoroughly investigated and could result in termination of the account.
- Illegal hosting of copyrighted, trademarked or service marked material including pirated movies, books, music, ring-tones, software or similar items is prohibited. Any suspicious activity or complaint received regarding this will be thoroughly investigated and could result in account termination.
- Hosting of any material that is considered defamatory, breach of privacy or scandalous, without their consent, with the aim to inflict mental and emotional distress. In addition, hosting any material that violates copyrights, trademarks or other property rights will be dealt with strictly and could result in termination of the account.
Actively causing or attempting to cause harm to one or more of our servers is prohibited. RACKCLOUDSPACE LTD. holds no responsibility for such activities. Any suspected account will be investigated thoroughly and if found to be breaching this agreement, will be dealt with strictly and may result in immediate termination without warning or refund. Any website that is found to be using excessive CPU cycles or other resources may be presented with new offers, terms or upgrades. Even though we offer 99.99% uptime, the company cannot guarantee it due to system updates and upgrades necessary to ensure high-performance and stay on top of technology.
If a certain customer is found to be engaging in disrespectful behavior towards a RACKCLOUDSPACE LTD. employee, the company reserves full right to terminate their service immediately without warning or refund.
Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)
Using our service to share or transmit any unsolicited material of any sort, be it commercial or bulk e-mail is prohibited. Violating this policy could result in harsh penalties.
On report of any alleged breach of agreement or a violation of a policy, a full-scale investigation will be set in place. During this time, the company may suspend a user’s access to the network to ensure security and control further damage. If any customer is found to be guilty of violation of any of our policies, the company reserves the right to suspend, restrict or even terminate account access and services. Furthermore, the company also reserves the right to turn to civil authorities against the guilty to recover any costs associated with the violation. In case the violation is found to be illegal and not in line with state regulation, the company will immediately report the offense to law enforcement officials. If any customer is found to be hosting a website that encourages or supports SPAM or causes our IP space to be included in one or more spam databases, they will be given no warning before their accounts are suspended, restricted or even terminated. In case of a suspension, the customer will not be allowed access the network again unless they remove the entirety of the material in question.
RACKCLOUDSPACE LTD. follows a zero-tolerance policy for using our hosting service to post offensive or disrespectful commercial advertisements or ones that violate our policies, rules or regulations. Other commercial advertisements or messages that follow the defined rules and policies can be shared and are permitted.
Bandwidth
In case a specific customer account exceeds the allowed bandwidth limit, the respective customer will be informed and offered options to upgrade. If the customer rejects the options to upgrade the bandwidth limit and continues to exceed it, the company shall suspend the account without any further notice until the customer limits their usage or upgrades their account.
Account Verification
On the account of failing to verify their account, the customers will not be given any refunds.
VPS Rules
As a general recommendation, a control panel is suggested to our customers as the best way to operate and manage the VPS. Any customer who is using a plain VPS, will need to get a DNS, mail and user accounts configuration and relate activities settled on their own. The RACKCLOUDSPACE LTD. support team is not responsible for this set-up.
Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)
Activities that include spamming, using any email address maintained specifically by our team, sending emails from one or more of our servers are prohibited and can result in account termination without any refund from us.
Backup Policy
Any service you use that is purchased from RACKCLOUDSPACE LTD. is at your sole risk. As a customer, you must arrange a back-up of your entire user data to make sure it is available to you if and whenever needed. RACKCLOUDSPACE LTD. is not responsible for any loss of your personal data and we do not warrant back-ups of any account or content related to users.
As a RACKCLOUDSPACE LTD. customer, you must agree that the company, in no condition, or at any point, will be held questionable or responsible for data loss under any circumstances.
Any customers who are using the cPanel Back-up Manager tool to create their backups, need to download their backup from our server, and then delete it.
Uptime Guarantee
RACKCLOUDSPACE LTD. regularly schedules upgrades, updates and maintenance, however, in a way that it doesn’t affect operations. However, if, in any case, this scheduled maintenance causes service interruptions or downtime, it will not count towards our uptime guarantee. The company is not liable for any failure of any third-party services.
RACKCLOUDSPACE LTD. shall not be responsible for any delays, downtimes or service and performance obligation if a failure is caused due to reasons and circumstances beyond the company’s control. These include but are not limited to new laws or any government body acts, delay or interruption in transport, and certain other circumstances like war, flood, fire and the likes. They also include technical issues that are above reasonable control for example; third-party software failure, third-party hardware failure, or power outages.
Security
Customers are rightfully responsible for any misuse of their accounts and are henceforth, expected to secure their accounts to prevent instances of unauthorized access on their part. Furthermore, the use ofany authorized account to compromise or tear-apart the security of another in order to gain access is prohibited and can result in severe consequences.
As a customer, you are responsible for keeping your password safe and away from outside reach.
Sharing sensitive personal information like your password or details related to account access is up to the customer, but it is not recommended. However, if and when sharing such information, the customers are advised to act with caution and can be held responsible for any breach of agreement if observed from their account, even if the act wasn’t carried out by them.
Breach of user privacy for example attempting to acquire access to another users account is prohibited and can result in immediate termination of account and service.
Customers are encouraged to take precautionary security measures in order to prevent any privacy breaches and keeping safe from events like hacking and unauthorized usage of their accounts.
As a customer, you are prohibited from attempting to circumvent the security of your host or network account. This clause includes activities like accessing or attempting to access data that is not for you, logging in to, using, or attempting to use an account that you don’t own or are not authorized to use and usage, distribution, or linking to sites that encourage it among other similar activities.Some examples of such tools are password cracking tools, password guessing programs, or network probing tools.
As a customer, you are prohibited from interfering with our services, network, or host that are exclusive to another user. These activities include “flooding” of networks, overloading a service deliberately, or attempting to ‘crash’ a particular host. Any customer found violating our security policies may be punishable by law. RACKCLOUDSPACE LTD. will encourage and cooperate with law enforcement agencies and investigations in the case of a breach.
Billing Policy
In case a payment is being made via debit or credit cards, online banking, or a PayPal account, the user account shall be set up once the payment has been processed. In case of a cheque payment, the company will require up to five days to process the transaction and confirm the payment.
Any modifications in the pricing systems by software companies will be immediately effective on RACKCLOUDSPACE LTD. customers.
There will be no refund for customers for whom our services have been suspended or terminated.
Every platform poses its own limitations. An OpenVZ VPS does not support GUI, making it impossible to upgrade the kernel or have the BIOS setting adjusted. A kernel upgrade may be possible in KVM cloud;however, the customer may still not be able to change the BIOS settings. In these cases, a refund will not be applicable.
Any refund provided by the company, will not be covering external expenses like tax, set-up fee, processing fee for the refund or any other kind of payment and postal charges. In the case of a customer account that was involved in the violation of any of our policies or the law, there will be no refunds.
On the purchase and cancelation of hosting services with a free domain name, charges for the domain name registration will be deducted from the refund amount. In case the refund amount is less than the price of the domain name, the customer will have to pay additionally, to settle the cost or forfeit the chosen domain. In the case where the customer fails to pay the amount, the ownership of the chosen domain, will remain property of RACKCLOUDSPACELTD..
In case a customer wishes to transfer a free domain name to a different service provider, transfer charges will apply.
Any payments made through cheque, online bank transfers, cash deposits or DD are not refundable. In any case where a refund is applicable, the hosting account will have the amount added to it as credit.
Any refund request that is placed post 30 days of purchase, will not be eligible for processing and refund will be denied.
Any cancellation requests need to be sent forth through client area.
After a cancellation request has been received, RACKCLOUDSPACE LTD. requires up to five days to for operational processes and proper refund procedure.
Indemnification
The customer consents to protect, save, indemnify and hold RACKCLOUDSPACE LTD. against all liabilities, stipulations, losses, or claims, as well as justifiable fees that may be assessed for any attorney against RACKCLOUDSPACE LTD., its employees, customers, management and administration that may result as from any service or product related circumstance.
The customer consents to defend, save and hold RACKCLOUDSPACE LTD. harmless against any liabilities resulting from:
- Injury to a specific person caused by a product that is sold or distributed by RACKCLOUDSPACELTD.
- Any loss of customer’s personal data in the form of electronic files.
- Violation of copyright or defective products that were sold to the respective customer through any of RACKCLOUDSPACELTD.’s services.
Refusal of Service
We, at RACKCLOUDSPACE LTD. reserve the right to cancel, suspend, terminate or refuse service to any customer or prospective customer at our sole discretion. The company reserves all right to modify or change these terms of service at any given time. All our customers would then be bound by the most recent terms published by our team.