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1. PacificRack prohibits sites engaged in
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Illegal
activities including but not limited to storing and/or distributing illegal
copies of copyrighted software, warez sites, violations of copyrights and
trademarks, violations of U.S.
laws, selling and/or distributing illegal contraband.
Internet abuse including but not limited to
spamming - mass unsolicited Emailing, distribution of mass emailing programs,
cross-posting messages to a large number of usenet groups, posting obscene or
inflammatory messages, threatening other Internet users, mail bombing
Internet users, running packet sniffers or port scanners, spamming
PacificRack support staff. Spammers
are held responsible for a $500 clean up fee.
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2. Policy Violation
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Should a
policy violation occur, PacificRack reserves the right to terminate the
account without notice and without any refunds. The policy violating client
will be held responsible for any damages to PacificRack, including but not
limited to, PacificRack's system, servers, connectivity, reputation,
business, service, network, operations, or equipment. The policy violator may
be charged a $500 clean up fee.
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3.
Data Loss and Backups
The client is responsible for keeping a copy of their most current web site
files as backup on a remote system (not on PacificRack servers). PacificRack
is not responsible for any lost files, information, or data. Hardware is
mechanical and by nature mechanical hardware is prone to failure. If so
subscribed, Daily and Weekly Backups are performed on a best effort basis,
should an event occur where our backup script was unable to complete the
backup and the servers hard drive fails, we hold no responsibility. Please
make sure you have off-site backups!! We do our best, but sometimes things go
wrong!
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4. Server Management
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The client
understands that server management occurs as queued tasks.
We hold no responsibility should a server be hacked, exploited, cracked or in
any other way become damaged due to client or 3rd party actions.
We reserve the right to decline management services should the client,
clients staff, or any person(s) the client has allowed access to the server
disrupt proper server functioning. This includes all softwares, and
configuration. If you need something done, and you arent sure how to do it,
please let us do it for you!!
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5. Technical Support
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If you
wish to report a trouble or repair need for your service or to check on
progress of an existing trouble ticket click here for Live Support, you may
also dial 1-877-420-RACK option 1, or
e-mail support@pacificrack.com
Technical support hours:
24 hrs / 7 days
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6. Payment Policy
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The
setup fee is required before any service is activated.
The setup fee is non-refundable.
Full payment is required before any hosting service is rendered.
PacificRack accepts credit card payment (Visa, Master card, American
Express).
Online credit card payment is authorized and assessed in real time.
Once an order is successfully submitted, the client is subject to
PacificRack's refund policy.
Checks and money order are made out to PacificRack.
Print Invoice # on Check
PacificRack mailing address is:
PacificRack Accounting Dept.
19528 Ventura Blvd, #433
Tarzana, CA 91356
Client has three (3) days to remit payment to PacificRack after first email
notification to the billing contact of a renewal.
Payment must be received or services are not rendered.
If payment is not received on time, expect service interruption.
Any interrupted service will incur a $25 re-connection penalty.
Returned or bounced checks will incur a $35 processing penalty.
PacificRack reserves the right to change prices at any time on month to
month services.
All monetary transactions will occur in $US dollars.
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7. Additional Features
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Additional features can be added at any time.
Add on costs are non-refundable regardless of whether the service was used.
Credit Card: Charges are assessed in real time for the current period and
every upcoming period until the end of their billing cycle.
Check/Money Order: Payment for additional features can be made at any time
by sending a check to PacificRack. A credit will be applied toward the
account to which the client can draw from in order to pay for add on
features.
Additional services will be activated when payment is received.
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8. Renewal and Billing Schedule
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Renewal notification is emailed to the billing contact ten
(10) days prior to the end of the billing cycle. We will automatically
process the renewal charge on the Anniversary Date or on the "Bill on
Date" for the account and notify the client via email when the renewal
is complete.
Checks/Money Orders; Checks or money orders are due within seven (7) days
of the first notification. If payment is not received, the account is
terminated at the end of the billing cycle.
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9. Credit Card Failures
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If there
are difficulties with the completion of the charge the client will be
notified by email. We will attempt to charge the account seven (7) days after
the original processing date. An email will be sent each time the charge is
not approved.
PLEASE NOTE: If the payment is unsuccessful on the 7th day, we will notify
the client via email. The account will be suspended until payment is
received. If payment is not received within 30 days, the account will be
cancelled and an email will be sent notifying the client of the action taken.
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10.
Returned Checks
Non-Sufficient Funds
If a check is returned, the client is subject to a $35 processing fee.
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11. Account Reactivation
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If an
account was cancelled due to client request or billing issues and the client
desires to reactivate the account, a non-refundable reactivation fee of $25
will be required prior to account reactivation. Accounts are reactivated
after all outstanding charges are paid, including hosting fees, additional
features, and NSF check processing fees.
If your account has been cancelled for 30 days or more, you will need to
signup as a new client.
If an account was cancelled due to policy violation, PacificRack will
not reactivate the account.
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12. Refund Policy
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For all
accounts, the set up fee is non-refundable.
If PacificRack terminates an account due to policy violation, there will be
no refund.
Monthly fees associated with additional features are non-refundable.
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13. Cancellation
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PacificRack reserves the right to terminate service at any time. If an
account is terminated for a policy violation there will be no refund.
Customers can cancel service at any time within their contract limitations.
Cancellation requests should be sent via email, Only authorized persons can
cancel an account.
If the client requests cancellation, their account will be terminated
immediately unless they specifically state they wish the account to be
cancelled at the end of the current billing cycle. If the client specifies
immediate account termination or fails to define when the account should be
cancelled, PacificRack reserves the right to terminate service without
notice.
The minimum information required to cancel and account are:
A) Specific reason for cancellation
B) Last four digits of the credit card on file or account information (as
validation to cancel account)
Cancellation notice from client must be recieved at least 7 days prior to scheduled service renewal date. If service is cancelled with less than 7 days remaining before scheduled service renewal, the service shall renew for 1 additional month automatically.
Cancellation notices MUST be received 7 days prior to renewal date to avoid committing to an additional month.
Cancellation requests emailed to PacificRack should be emailed to billing@pacificrack.com
Refund policies (see Section 12) strictly apply to all cancelled accounts.
If an account is cancelled due to non-payment, PacificRack reserves the
right to delete contents without notice and re-provision the server for
re-sale.
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14. Indemnification
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Client
agrees to defend, indemnify and hold harmless PacificRack against any
liabilities arising out of defective products sold to customers from
PacificRack servers, personal injury or property damage caused by products or
services sold or distributed from PacificRack servers, any material that
infringes or allegedly infringes on the rights of a third party available
from PacificRack servers, and any material that libels or allegedly libels a
third party available from PacificRack servers.
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15. Disclaimer
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PacificRack
is not responsible for any damages to any client's business. PacificRack
makes no warranties or guarantees of any kind, expressed or implied for
services that we provide. Use of PacificRack's service is at the client's
sole risk.
PacificRack does not guarantee that our services will be uninterrupted or
error free. PacificRack will provide every effort in good faith to ensure
that its services are available to as many Internet users as possible with
minimal service interruptions.
In no circumstance will PacificRack be liable for any claims resulting from
the use or inability to use PacificRack's services - including, but not limited
to, service interruptions, client errors, Internet connectivity problems,
miscommunications, unauthorized access to PacificRack servers, InterNIC
problems, DNS caching, Internet bandwidth congestion, power failures,
vandalism, and natural disasters.
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16. PacificRack reserves the right to revise our policies at
any time.
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