Terms and conditions

Rackhost terms and conditions.

Rackhost Non-Uk Terms and Conditions.

Refunds
If for any reason your are not satisfied with the Hosting Services provided, we offer a full money back promise. Simply cancel your Hosting Plan within the first thirty days of service and we will refund your money.
Rackhost.com.au, . Terms & Conditions Agreement
1. Term and Payment for Services
2. Use of Services
3. Enforcement
4. Intellectual Property Rights
5. Warranty; Warranty Disclaimer
6. Limitation and Exclusion of Liability
7. Indemnification
8. Miscellaneous
You must accept the terms of this Agreement in order to use the Services.
NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.
Rackhost.com.au reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Rackhost.com.au Web site (the "Site"). Your continued use of Services following Rackhost.com.au 's posting of any changes or modifications will constitute your acceptance of such changes or modifications.

1. TERM AND PAYMENT FOR SERVICES
1.1. Term
This Agreement shall be for an "Initial Term" as chosen by you in the Order Form located on this Site at the time you register for the Services. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide Rackhost.com.au with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term.
1.2. Termination Policy
If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) Rackhost.com.au will not refund to you any fees paid in advance of such termination and (b) you shall be required to pay 100% of Rackhost.com.au's standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this Agreement. Notwithstanding the foregoing, if you terminate your receipt of Shared Hosting Services prior to the end of the first thirty (30) days of the Initial Term, you are entitled to a refund of the fees you paid in advance for the monthly Services, not including any setup fees. Your termination request or notice must be submitted to Rackhost.com.au in the manner described in Section 1.1. Rackhost.com.au may terminate this Agreement at any time and for any reason by providing to you written notice thirty (30) days prior to the date of termination. If Rackhost.com.au terminates this Agreement, Rackhost.com.au will refund to you the pro-rata portion of prepaid fees attributable to Services (excluding setup fees) not yet rendered as of the termination date unless otherwise expressly provided in this Agreement. If termination was enforced to due violations that result in damages or fees assigned to Rackhost.com.au on your behalf, no refunds shall apply and you will be held liable for such fees.
1.3 Default and Cure
In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within five (5) days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this Agreement.
1.4. Charges
You agree to pay for all charges attributable to your use of the Services at the then current Rackhost.com.au prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on Rackhost.com.au's net income.
1.5. Payment
All charges for Services must be paid in advance according to the then current prices applicable to the Services. Upon entering this Agreement, you must choose to pay either by direct charge to a credit or debit card. If you choose to pay by credit or debit card upon registering for the Services, you thereby authorize Rackhost.com.au to charge your credit or debit card to pay for any charges that may apply to your account. You must notify Rackhost.com.au of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Rackhost.com.au from charging your account. Rackhost.com.au may also create periodic invoices for any applicable Supplemental Charges associated with your use of the Services. You agree to pay to Rackhost.com.au the amount indicated in each invoice by the due date reflected on that invoice. If you fail to pay any fees and taxes by the applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month or the maximum allowable under applicable law but at no time less than $15 shall also become payable by you to Rackhost.com.au . In addition, your failure to fully pay any fees and taxes within five (5) days after the applicable due date will be deemed a material breach of this Agreement, and Rackhost.com.au may, in addition to any other remedy it may have: (i) suspend its performance of the Services and/or terminate this Agreement; and/or (ii) At the time of such nonpayment, Rackhost may, delete any and all content from the Rackhost Servers. Any such suspension or termination of the Services would not relieve you from paying past due fees plus interest.
1.6. Chargebacks
If you ever feel that Rackhost.com.au incorrectly charged your credit card you must contact billing for a correction. If you do contact your credit card company and issue a chargeback then you will be responsible for the $50 chargeback fee. If you do not pay this fee then your account will be terminated.

2. USE OF SERVICES
2.1. Applicable Use Policy
The Rackhost.com.au Acceptable Use Policy (the "Usage Policy") govern the general policies and procedures for use of the Services. The Usage Policy is posted on Rackhost.com.au's Web site (or such other location as Rackhost.com.au may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS. Rackhost.com.au RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.
2.2. Material and Product Requirements
Unless we have agreed otherwise in a separate agreement, you must ensure that all material and data placed on Rackhost.com.au's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Rackhost.com.au . Rackhost.com.au will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", Rackhost.com.au has the option at any time to reject this material. Rackhost.com.au will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of Rackhost.com.au . Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. It is not Rackhost.com.au 's responsibility to provide this knowledge or customer support outside of the Services agreed to by you and Rackhost.com.au .
2.3. Bandwidth and Storage Usage
You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges. Data stored in your user account on a Rackhost Server is not owned by Rackhost.com.au; therefore Data preservation is the ultimate responsibility of you, the client. Rackhost.com.au is in no way responsible for the client’s data and or the backup of that data.

3. ENFORCEMENT
3.1. Investigation of Violations
Rackhost.com.au may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. Rackhost.com.au will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.
3.2. Actions
Rackhost.com.au reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, Rackhost.com.au may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on Rackhost.com.au 's systems, and/or (d) disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by Rackhost.com.au which, in Rackhost.com.au 's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Rackhost.com.au to civil or criminal liability or public ridicule. It is Rackhost.com.au 's policy to terminate repeat infringers. Rackhost.com.au's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If Rackhost.com.au takes corrective action due to such possible violation, Rackhost.com.au shall not be obligated to refund to you any fees paid in advance of such corrective action.
3.3. Disclosure Rights
To comply with applicable laws and lawful governmental requests, to protect Rackhost.com.au 's systems and customers, or to ensure the integrity and operation of Rackhost.com.au 's business and systems, Rackhost.com.au may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on Rackhost.com.au's servers and systems. Rackhost.com.au also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

4. INTELLECTUAL PROPERTY RIGHTS
4.1. Your License Grant to Rackhost.com.au
You hereby grant to Rackhost.com.au a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to Rackhost.com.au a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
4.2. Rackhost.com.au Materials and Intellectual Property
All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by Rackhost.com.au or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by Rackhost.com.au to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of Rackhost.com.au or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by Rackhost.com.au during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.
4.3. Trademarks
You hereby grant to Rackhost.com.au a limited right to use your trademarks, if any, for the limited purpose of permitting Rackhost.com.au to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sub-license use of your trademarks or to use your trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.

5. WARRANTY; WARRANTY DISCLAIMER
5.1. Customer and/or Third Party Acts
Rackhost.com.au is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, Rackhost.com.au is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Rackhost.com.au's reasonable control.
5.2. No Express or Implied Warranty
ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY Rackhost.com.au UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT Rackhost.com.au EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH Rackhost.com.au's COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. Rackhost.com.au DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, Rackhost.com.au DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK INFRINGEMENT.
5.3 Your Warranties and Representations to Rackhost.com.au
You warrant, represent, and covenant to Rackhost.com.au that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content and/or any software that you install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

6. LIMITATION AND EXCLUSION OF LIABILITY
6.1. Limitations
IN NO EVENT SHALL Rackhost.com.au HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO Rackhost.com.au , DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. Rackhost.com.au SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Rackhost.com.au HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF Rackhost.com.au TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO Rackhost.com.au BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY Rackhost.com.au UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE Rackhost.com.au FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
6.2. Interruption of Service
You hereby acknowledge and agree that Rackhost.com.au will not be liable for any temporary delay, outages or interruptions of the Services. Further, Rackhost.com.au shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
6.3. Maintenance
You hereby acknowledge and agree that Rackhost.com.au reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. Rackhost.com.au will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.

7. INDEMNIFICATION
You will defend, indemnify and hold harmless Rackhost.com.au and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an "Indemnitee") from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your use of the Services, including any improper or illegal uses; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by Rackhost.com.au ; or (v) any claim relating to your services or products, or your installation and/or use of any third-party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or nonproprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).

8. MISCELLANEOUS

8.1 Confidentiality
The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement. "Confidential Information" means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include (1) information in the public domain; (2) information developed independently by a party without reference to information disclosed under this Agreement; or (3) information received from a third party without restriction and/or breach of this or a similar Agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this Agreement for two (2) years.
8.2. Notices
All notices, reports, requests, or other communications given pursuant to this Agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, fax, or electronic mail, shall be deemed to have been duly given when delivered.
8.3. Choice of Law and Forum
THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF MICHIGAN, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN MICHIGAN, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
8.4. Entire Agreement
This Agreement and all policies and guidelines incorporated in this Agreement by reference constitutes the entire Agreement of the parties and may not be modified or altered orally but only by an agreement in writing signed by both parties.
8.5. No Fiduciary Relationship
No Third-Party Beneficiaries Rackhost.com.au is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.
8.6. Assignments
You may not transfer or assign your rights, duties, or obligations under this Agreement without Rackhost.com.au's prior written consent. Rackhost.com.au may assign its rights and obligations under this Agreement and may utilize affiliate and/or agents in performing its duties and exercising its rights under this Agreement, without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees.
8.7. No Waiver
Rackhost.com.au's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Rackhost.com.au's right to subsequently enforce such provision or any other provisions under this Agreement.
8.8. Severability
If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.
8.9. Survival
All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.

European Terms and Conditions.

Rackhost.com.au Terms and Conditions
Rackhost.com.au - Web Hosting and Domain Name Registration
1. Interpretation
1.1 Definitions
Unless otherwise stated, the following definitions apply to this document:
- "we," "us" and "our" are references to Rackhost.com.au;
- "you," "your" and "client" are references to the person paying for services from Rackhost.com.au having entered into this agreement;
- "services" are web hosting, domain name registration, reseller rights, outsourced support, email and other services or facilities provided by us to you;
- "web server" is the computer equipment operated by us in connection to the services provided;
- "order" means a request made by the client to us for services to be supplied subject to these terms and conditions;
- "charges" are the charges payable by the client for the provision of services. Details of which can be found at http://www.rackhost.com.au and may from time to time vary.
1.2 Include
The words "include" and "including" are to be construed without limitation.
1.3 Headings
The headings in this document are for convenience only and shall not affect the interpretation of these terms and conditions.
2. Ordering Process
2.1 Order Acceptance
We have not accepted a client application or order until an account is set-up and you receive the 'welcome' email, including all details specific to your account. Until this time, we reserve the right to refuse, cancel or reject any order made by the client. In such cases, a full refund will be made using the same method of payment as was originally used.
3. Refunds
3.1 Money Back Guarantee
3.1.1 Clients are entitled to a full refund within 14 days of the initial order being placed. This will be issued in the same method as originally used by the client. Cases involving offline methods of payment will be refunded using a personal cheque or other online method.
3.1.2 The 14 day money back guarantee does not apply and will not be issued if more than 50% of allocated data transfer has already been used on the web hosting account. This money back guarantee does not apply to domain name registrations, ssl certificates, seo reports or if the account has breached these terms and conditions prior to cancellation.
3.2 Account Cancellations
After the 14 day introduction period, no refunds will be issued for account cancellations on a monthly payment schedule. Accounts on a yearly payment schedule are entitled to a pro rated refund taking only full months into account when calculating refund due and using the full monthly price for spent months (without yearly discount). If cancellation of the account is caused by the client breaching these terms and conditions no refund will be issued. No refunds are issued for domain name registrations.
4. Misuse
4.1 Spam / Unsolicited Mass E-mail
The sending of unsolicited commercial email (SPAM) through our web servers promoting any web site, or via third party web servers promoting a web site hosted by us, can result in the suspension or termination of the client's web hosting account, without refund. Mailing lists may be operated as long as individuals choose to subscribe to receive mailings via clear 'opt in' methods and a strict removal procedure is published in all mailings. 'Safe lists' and other advertising related mailing lists may not be operated. Any complaints received are taken seriously and will be investigated.
4.2 Chat Rooms
Only the chat room scripts provided for the client in their control panel are allowed on our web server. Any other scripts found will be disabled and the account suspended in serious or repeat cases. An exception to this term is provided for scripts, which are FULLY applet based whereby the applet is downloaded and run from the clients system.
4.3 Account Use
Under no circumstances must our web servers be used for the hosting or communication of, reference to or linking to any of the following:

4.3.1 nudity, pornography, anything of a sexual, lewd, or obscene nature;
4.3.2 violations of any copyright or any other right of any third party;
4.3.3 threatening, abusive, harassing, defamatory statements;
4.3.4 promotion of illegal activities (hacking, cracking, etc);
4.3.5 information or software containing or about any kind of virus;
4.3.6 hate speech or hate propaganda;
4.3.7 the collection of personal information for illegal purposes;
4.3.8 content deemed by us at our sole discretion to be harmful to us;
4.4 Banned Scripts
We do not allow the use of the following scripts on our web servers:

- UltimateBBS
- IkonBoard
- All versions of YABB forum
- Proxy scripts
- IRC scripts
- Anonymizer
- Chat rooms not included as standard in cPanel (see 4.2)
- phpShell and similar command execution scripts
- Webmail module of PHP-Nuke
- Form Mail
4.5 Resellers
In the event that a resold account is in breach of our terms and conditions, we reserve the right to suspend this account without informing the reseller. The end user will not be contacted by us and every effort will be made to inform the reseller (our client) of our actions and reasons.
5. Billing
5.1 Payment Schedules
The client agrees to supply appropriate payment for the services received from us in advance of the time period during which such services are provided.
5.2 Invoices
All invoice notifications will be sent via email and a printable version made available in the client control panel. Clients are required to pay their invoice in advance at the beginning of each payment term using an available method of your choice, within 5 working days of the invoice issue date.
5.3 Bank Charges
Clients are responsible for the provision of sufficient funds in their account and we will not be held responsible for any charges incurred as a result of overdrawing the bank account or credit card, or as a result of failed transactions.
5.4 Suspension
We reserve the right to suspend any account after 5 working days have passed without due payment being received. Any added time for payment will be at our sole discretion.
5.5 Currencies
All invoices and payments are processed in GB Pound Sterling (£) and conversions will be made by the credit card company of the client. Prices shown in any other currencies on this web site or other promotional material are to be treated as a guide only and may be inaccurate due to changes in the exchange rates. All clients are advised to check amounts using accurate recent exchange rates before ordering.
6. Backups
6.1 Regularity and Policy
Backups are made by us each day on an incremental basis and each week on a full basis, however, no guarantees are made of any kind as to the integrity of these backups. All clients are strongly advised to regularly download their own backups from their control panel, where a zipped archive is provided daily of all account files and databases.
7. Resource Use
7.1 CPU and Memory
All accounts are monitored for their use of server resources. If any account is using a high amount of server resources we will contact the client to discuss the issue with them. In serious cases where an account is using a considerably large amount of system resources (memory, CPU, etc.) the account may be suspended or script disabled without notice to maintain the smooth running of the web server.
7.2 Data Transfer and Web Space Allocations
Clients can request a package upgrade or temporary resource increase at the costs available to view on our web site at http://www.rackhost.com.au. It is the sole responsibility of the client to contact us in advance of requiring extra resources to prevent account suspension. In some cases, accounts are automatically suspended when their resource limits have been reached and manual unsuspension is required by us.
8. Client Responsibility
8.1 Contact Information
The client is responsible for keeping their contact details up to date in their billing control panel. We cannot be held responsible for communication mix-up's as a direct result of the client's failure to update their details.
8.2 Sensitive Data
Clients are responsible for keeping their usernames, passwords and other sensitive data safe. If a breach is suspected, the client is required to request a change of login details by contacting our support staff.
9. Contact Procedure
9.1 Breach of Terms and Conditions
If a breach of these terms and conditions is found we will, at our sole discretion, determine whether it is a serious or minor breach. If a serious breach of these terms and conditions is found we reserve the right to suspend the account(s) of the client in question or disable any part of the account before contacting them. We will however make an attempt to contact the client prior to suspension in the event of a minor breach using the email address we have on record for your account. If no reply is received within 3 days we will escalate the status of the breach to a serious breach and may suspend the account(s).
9.2 Reseller Breach of Terms and Conditions
In the event that a resold account is the subject of the breach we will make every effort to contact the reseller before taking action. In serious cases we may have to suspend or disable part of the account before contacting the reseller.
10. Limitation of Liability
10.1 Indemnification
We are not responsible for any claimed damages, which may result from our web servers going offline, or being unavailable for any reason. This includes damages which may result from the corruption or deletion of data. The client agrees to indemnify, defend and hold Rackhost.com.au, its directors and employees harmless from any incidental, indirect, direct, special, exemplary, punitive or consequential damages whatsoever, for loss of business profits, business interruption, loss of business information, or any other monetary loss arising out of the use of or inability to use our services, or the provision of or failure to provide services.
10.2 Violations
10.2.1 We will fully cooperate with investigations of violation of systems or network security at other sites and will cooperate with law enforcement authorities in the investigation of possible criminal violations. Clients who violate these terms and conditions may incur criminal or civil liability.
10.2.2 For clients with multiple accounts and resellers, we reserve the right to suspend all accounts should the main account owner violate these terms and conditions in a manner deemed by us to be extremely serious.
10.2.3 In the event that we are unable to contact a reseller account holder to pursue payment, we reserve the right to contact their clients to inform them of the situation. We also reserve the right to contact a reseller's clients if they are 'abandoned' by the reseller account holder.
10.2.4 We will be the sole arbiters as to what constitutes a violation of these terms and conditions. The failure by a client to meet or follow any of the above terms and conditions is grounds for account suspension or deactivation.
11. Amendments
11.1 Modification
We reserve the right to add, delete, or modify these terms and conditions, our hosting packages, prices and web site at any time with notice provided via our web site and announcements in our forum and/or client control panel(s). All clients are encouraged to review this document on a regular basis to ensure they are aware of any changes.
If you have any questions concerning the above stated terms and conditions please contact us before ordering.