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Terms Of Service

RackPowered “The Company” agrees to furnish service(s) to Subscriber(s), subject to the following Terms of Service hereafter referred to as TOS. Use of RackPowered Networks Service(s) constitutes an acceptance of RackPowered Acceptable Use Policy hereafter referred to as AUP as well as RackPowered TOS. Unless and otherwise mentioned in any other contract or agreement all RackPowered Subscriber(s) are subject to these TOS and AUP and All provision of this TOS and AUP are subject to periodic review and change without prior notice. Subscriber(s) understands that change(s) to the TOS or AUP shall not be ground(s) for early termination or non-payment.

RackPowered reserves the right to modify this Terms of Service without prior notice.

# Network

1. Internet Protocol Address/Number ownership/usage: All ownership and right(s) to use the Internet Protocol(s) address hereafter referred to as IP(s), assigned to the Subscriber(s) shall belong only to RackPowered. The Subscriber(s) shall have no right(s) to use the IP(s) except as permitted by RackPowered Networks in its own discretion in connection with the services, during the terms of this Agreement. RackPowered reserves absolute control and right of ownership over IP’s and may change or remove any such IP Number(s) or Addresses. All IP(s) allocation is based on provision of ARIN’s policy governing IP addresses.

2. Bandwidth and Disk Space: The Subscriber(s) has been allocated the usage of bandwidth and or disk space per month for the service(s) ordered on the order form/ package/special pricing agreed upon at the time of placing the order(s). All bandwidth usage is monitored as far as possible for usage during any given calendar month. The Subscriber(s) agrees to pay any additional charge(s) as applicable that may arise from additional usage of such bandwidth and or disk space usage. RackPowered Networks also reserves the right to demand a deposit or charge the Subscriber(s) a deposit on Subscriber(s) credit card(s) on file with RackPowered Networks in the event the bandwidth usage is likely to exceed the monthly allocated usage on any two days usage back to back.

3. System and Network Security: Any violation/attempt to violate security of RackPowered Networks Network/System may result in civil or criminal liability. RackPowered Networks will investigate any such occurrence(s), which may involve such violation(s) and may involve, and cooperate with, law enforcement authorities in prosecuting Subscriber(s) and or their customer(s) who are involved in such violation(s). These violations include but is not limited to:

1. Accessing data not intended for such Subscriber(s)

2. Logging or trying to log into a server or account, which such Subscriber(s) is not authorized to access.

3. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

4. Attempting to interfere with service to any Subscriber(s), host or network, including but not limited to “flooding”, “mail bombing”, spoofing” or “crashing”.

5. Forging or altering any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

6. Obtaining or attempting to obtain service by any means or device with or without the intent of avoiding payment.

Subscriber(s) acknowledges the fact that the nature of the service(s) provided is such that the service can be interrupted for many reasons other than the negligence of the company and as such the Subscriber(s) agrees that the company shall not be liable for any damages arising from such causes and that the company shall not be responsible for any such loss and that the liability of the company in an event of its own negligence shall not exceed the amount payable by the Subscriber(s) for the services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

# Subscriber(s) Accounts:

1. Service Charges: The Subscriber(s) acknowledges that he/she is aware of the nature of the service(s) and the charges associated there with and that he authorizes any charges that may arises from such service(s) to the credit card on file or agrees to pay such charges forthwith within the stipulated time. RackPowered Networks reserves the right to prospectively change the specified charges from time to time. Promotional offer(s) are contingent on company achieving and maintaining its service costs including but not limited to the rate charged to the company by its suppliers.

2. Payments and Fees: Establishment of this service(s) is dependent upon receipt by the Company of payment of stated charges. All accounts and services provided by RackPowered Networks are subject to the current tax rate where applicable according to taxes imposed by the County of Denver, State of Colorado and the State. Service(s) to accounts over due past 2 days will be put on hold and will lead to disruption of service. A reconnect fee of $100.00 shall be levied on accounts put on hold for non-payment. Account(s) not paid by due date are subject to a $25.00 late fee. An account put on hold or disruption of service due to non- payment is not grounds for non-payment and may be grounds for RackPowered Networks to terminate this agreement. The Subscriber(s) is responsible for such accrued amount plus interest besides the collection fees Accounts that are not collectable by RackPowered Networks may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay RackPowered Networks a "Processing and Collection" Fee of not less than $50 and not more than $250. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Your account will be billed on the anniversary date of your account setup.

2-1. Any account that does not have a credit card on file and is making the payment in any other manner is required to make sure the payment is received by the 1st of the month.

3. Refunds and Disputes: All payments to RackPowered Networks are non-refundable. This includes all setup fees and subsequent charges regardless of usage. All billing disputes must be reported within 30 days from the day when the Subscriber(s) receives such bill. A dispute raised by the Subscriber(s) with his credit card company unilaterally without first contacting RackPowered Networks, which in RackPowered Networks’s sole discretion is a valid charge under the provision of TOS and AUP, you agree to pay RackPowered Networks an “administrative fee” of not less then $75.00 and not more then $200.00. If the client should file a dispute/chargeback we reserve the right to suspend service until the matter is resolved or terminate the account indefinitely.

4. Failure to Pay: The Company may deny services and terminate this agreement for non-payment. Such termination or denial of service does not relieve the Subscriber(s) of any accrued charges and accrued interest and collection fees.

5. Account Cancellation: A request for account cancellation should be made at least 14 days before the end of the billing cycle and not more then 28 days before the next billing cycle otherwise you will be charged for the upcoming month. Due to the month of February only having 28 days, all accounts setup at the end of a January and requesting cancellation will be terminated on February 28th(the last day of the month). If you fail to abide by our cancellation policy, service can be subject to suspension/termination immediately if all due funds are not received.

5-1. For cancelling an account, you have to login to your customer account and submit a support ticket requesting cancellation. This is required to turn over, the service(s), back over to RackPowered Networks.

5-2. The cancellation is only effective on receipt by RackPowered Networks billing department.

6. Promotional offer(s): The Subscriber(s) for the promotional program agree to be bound by the terms of this TOS and AUP as any other Subscriber(s) for the period of the promotion. At the end of the promotional period the service(s) will be terminated automatically if no information to the contrary is received from the Subscriber(s). This clause is applicable only to promotional offers and for the time period specified there in and is not applicable to any other service(s) and or where the promotional offer is not specified by in the order form.

7. Contract(s): All servers come with a month to month contract unless otherwise stated.

8. Server Setup: RackPowered Networks strives to have each server setup within 24-72 hours. There is no guarantee that the server will be setup within this time frame(e.g. parts not in stock, late delivery, etc)

9. Server Reboots: Reboots are included free on all servers.

10. Remote Hands: Our rate for remote hands is $150/hour billable in 30 minute increments. Any error/fault caused or created by the client is subject to the remote hands fee if they wish RackPowered Networks to fix it. This fee will be charged automatically to the client credit card on file in the event an issue occurs where we are called on to provide remote hands.

11. Client Equipment: Any client wishing to have their equipment shipped back to them is subject to a service(handling) fee by RackPowered Networks of $50. (Applies to collocation clients)

12. Length of Term: Default length of term is 1 month. There are no long term contracts unless otherwise stated.

13. Paypal Payments: We do accept paypal payments. All paypal users must be setup on a subscription with us in order to be eligible.

14. Bandwidth Overages: Bandwidth is billed based on 95th percentile. Any overages that you incur will be due on the 1st of the month; not the anniversary date of the server. Fees will be deducted automatically from the credit card on file by our system.

# SPAM and Unsolicited Email (UE): RackPowered Networks Subscriber(s) shall not or shall not facilitate anyone to use The RackPowered Networks network or systems to SPAM or Unsolicited Email. Violations of this policy carry severe penalties, including termination of services.

1. Upon Notification of first violation RackPowered Networks will initiate an investigation and during this period may restrict Subscriber(s) access to network, as it considers necessary. An administrative fee of $250.00 will be charged to your account for this to remove the ips from the appropriate SPAM listing.

2. On second violation the same rule applies but the administrative fees will be $500.00

3. As our Subscriber(s) are responsible for their own action and that of their Subscriber(s)s, it is in the best interest of the Subscriber(s) to implement a similar or stricter policy.

# Indemnification: Subscriber(s) will defend, indemnify and hold RackPowered Networks and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorney’s fees, related to any violation of the AUP and or TOS by the Subscriber(s) or users of the Subscriber(s) account, or in connection with the use of service or the Internet, or the placement or transmission of any message, information, software, or other materials on the Internet by the Subscriber(s) or users of a Subscriber(s) account.

# Internet Relay Chats also called IRC: RackPowered Networks absolutely prohibits hosting of IRC or any services facilitating or relating to such kinds of services.

# Monitoring Obligations: Subscriber(s) acknowledge that RackPowered Networks has no obligation to monitor services in any way unless otherwise specified by contract, but that RackPowered Networks has a right to monitor the service from time to time and to disclose any information as necessary to satisfy any law, regulation, ordinance or other government request, to operate the service properly, or to protect itself or its Subscriber(s). RackPowered Networks shall not intentionally monitor or disclose any private e-mail message unless required by law. RackPowered Networks reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable or in violation of this Acceptable Use Policy.

# Responsibility for usage and contents: The Subscriber(s) is responsible for the actions and usage of his user(s)/clientele.

# RackPowered Networks is not liable for any damages your business may suffer and does not make any written or implied warranties for any of our service(s) and denies any warranty or merchantability for a particular purpose which may include but is not limited to loss of data resulting from delays, non-deliveries, wrong delivery and or any service(s) interruptions caused by RackPowered Networks.

RackPowered Networks reserves the right(s) to deny service(s) to any subscriber(s) who is or has been in violation of section (2) subsection (d) from any future service(s) until such time the subscriber(s) pays the outstanding charge(s) from the subscriber(s) previous subscription(s) to RackPowered Networks service(s) and those charges have been paid in full satisfaction. RackPowered Networks further reserves the right(s) to demand a security deposit from such subscriber(s) before providing them with any new or additional service(s).

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