Service Agreement for Web and Email Hosting

 

The following agreement is between RackMine Limited and You (“client”).

WHEREAS, RackMine is an information provider connected to the Internet. RackMine offers hosting services over the Internet through access to its Web Server;

WHEREAS, Client seeks to utilize RackMine’s server for its own purposes;

Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, RackMine can make no guarantee that any given reader shall be able to access RackMine’s server at any given time. RackMine represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

Now Therefore, in consideration of the mutual promises contained herein, the parties agree as follows:

 

A) Financial Arrangements

 

  1. The term of this Agreement would be monthly, to commence on the date that the client signs up electronically for the Services by creating an Account with an email address. All invoices are denominated, and client must pay, in U.S. Dollars. Client are typically billed monthly on. 
  2. RackMine accepts only Paypal payments. Client who choose to pay with PayPal will be strictly limited to a single client Account per PayPal account.
  3. When a PayPal dispute, chargeback, or other payment dispute occurs, services are suspended (and/or permanently terminated) until the payment dispute is resolved and any payment and/or associated fees are paid in full.  All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law.
  4. There will be a renewal reminder send to client 10 days prior due date of service. Accounts that have unpaid invoices past the renewal date will be suspended without notice. RackMine reserves the right to delete the client’s suspended account after the final termination notice.
  5. After account has been suspended, a $5 administrative fee will be applied for re-connection.

B) Texas

RackMine shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or RackMine’s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

 

C) Material and Products

RackMine will not host any material that is, in RackMine sole discretion, judged as unlawful, threatening, pornographic, political, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. Please contact RackMine if uncertain of the nature of your content. RackMine makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.

 

RackMine also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of RackMine is at the Client’s own risk, and RackMine specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. RackMine expressly limits its damages to the Client for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. RackMine specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

Client may not run background processes on RackMine’s servers. Violations of this policy will result in a user’s background processes being killed, and may result in account suspension.

 

D) Termination and Access

RackMine reserves the right, in our sole discretion, to terminate client access to all or any part of the Services at any time, with or without notice, effective immediately, if there is any violation of  these Terms of Service or any law, or if you misuse system resources, such as consume excessive network capacity, CPU cycles, or disk IO.