FOLLOWING ARE TERMS OF CONDITIONS WHICH IS A BINDING CONTRACT WITH CLIENT :
1. SERVICE ABUSE
a- No illegal use of any kind is permitted on sites or servers including, but not limited to, unauthorized storage or distribution of copyrighted software, trademark infringement, warez sites, violations of any State or Federal laws, and selling or distributing contraband. b- No internet abuse of any kind is allowed including, but not limited to, spamming, mass emailing programs, cross-posting unsolicited messages to online groups, posting obscene or inflammatory messages, threatening Internet users, mail bombing, and running packet sniffers or port scanners.
2. SERVICE ABUSE VIOLATION
a- Should a Service Abuse violation occur, in addition to all other legal and equitable remedies, RackNoc may terminate the account without notice and without any refunds. Client shall be responsible for any and all damages caused to RackNoc. RackNoc may charge client an amount equal to the cost associated with repairing any damages done.
3. SERVER MANAGEMENT
a- Server management occurs as a queued task. RackNoc is not responsible for any loss or in any manner should a server be hacked, exploited, cracked, or in any way damaged by client or a 3rd party. RackNoc reserves the right in its sole discretion to decline management services for any reason whatsoever.
4. TECHNICAL SUPPORT
a- If the client wishes to file a support ticket or to check on progress of an existing trouble ticket, they may dial +0731-4981676 and select option 1, log-in to the portal at http://www.racknoc.com, or e-mail firstname.lastname@example.org b- RackNoc technical support team is ready to assist 24 hours a day, 7 days a week, 365 days a year. c- RackNoc will respond on all the support tickets with in 24 hours.
5. PAYMENT POLICY
a- Full payment is required before any RackNoc hosting or other service is provided. Service will be delivered with in next 24 to 48 hours after payment received. b- RackNoc accepts credit card payment (Visa, Master Card, Discover, or American Express For Indian users only), For International users we accept payment via wire transfers, Skrill or PayPal. c- Online credit card payments are authorized and assessed in real-time. d- d- Once an order is successfully submitted, the client is subject to RackNoc refund policy.
6. ADDITIONAL FEATURES
a- Additional features can be added at any time at the client’s request and will be activated upon payment. b- The cost for additional features is non-refundable regardless of whether the service was used. The 7-day cancellation period outlined in Section 12 applies to all Additional Features that may be active on any given account.
7. REFUND POLICY
a- All refunds are at the sole discretion of RackNoc, including fees associated with primary services, additional features, and any/all setup fees previous assessed.
a- RackNoc reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund. b- Customers can cancel service pursuant to the terms of their contract by email or through the portal. Only authorized contacts/individuals can cancel an account. Unless client specifies a termination date, accounts will be terminated upon notice. c- Unless otherwise specified in the terms of Client’s contract and for all month-to-month services, cancellation notice must be received at least 7 days prior to scheduled service renewal date; furthermore, if service is cancelled with less than 7 days remaining before scheduled service renewal, the service will renew for 1 additional month automatically. d- Cancellation requests must be submitted via the RackNoc management portal by selecting “Request Service Cancellation” from the left navigation and submitting the cancellation form for the services being discontinued. e- Refund policies (Section 9) strictly apply to all cancelled accounts. f- If an account is cancelled due to non-payment, RackNoc reserves the right to delete contents without notice and re-provision the server. g- Client accounts inactive for 30 or more days may be required to create a new account in order to have future services rendered.
a- The client agrees to defend, indemnify, and hold harmless RackNoc and all of its officers, owners, employees, agents, and contractors from and against any and all liabilities of every nature or kind resulting from the services herein, including but not limited to, client’s defective products, personal injury or property damage caused by products or services sold or distributed from RackNoc servers, any infringements on the rights of a third party and libel or defamation of a third party. Client also agrees to pay and indemnify RackNoc for any legal fees, fines, levies, judgments, settlements, or charges
a- RackNoc is not responsible for any damages to any client’s business. RackNoc makes no warranties or guarantees of any kind, expressed or implied, for services provided. Use of RackNoc’s service is at the client’s sole risk. Under no circumstances will RackNoc be liable for any claims resulting from the use or inability to use RackNoc’s services including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to RackNoc servers, DNS caching, Internet bandwidth congestion, power failures, vandalism, or natural disasters.
11. POLICY REVISIONS
a- RackNoc reserves the right to revise its policies at any time.