Quick List
General Terms
Agreement for Services
Payment
Delinquent Accounts
Account Cancellation
Refunds and Disputes
Backups
No Waiver of Rights by Dual Rack
Notices
Abuse of Dual Rack Staff or Support Personnel
Customer agrees that it shall comply with this TOS, Dual Rack Acceptable Use Policy (AUP), and Dual Rack No-Spam Policy (NSP). Customer further agrees that They read Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.
General Terms
In consideration of our hosting services to be delivered, Each customer agrees to be bound by the following terms and conditions:
1.1. Customer agrees to pay, in advance of each monthly service term, for hosting services to be rendered
1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order Dual Rack service for a certain minimum period of time.
1.3. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 3 days from invoice due date or account will be suspended a reactivation fee will apply. For any of our shared hosting plans, reseller hosting plans, or master hosting plans a 10% reactivation fee will apply. For any of our Virtual Private Servers (VPS) a 15% reactivation fee will apply. For any of our dedicated servers a $100.00 reactivation fee will apply. Any shared, proxy, reseller, or image hosting plan will be terminated if we do not receive payment within 10 days of invoice due date. Virtual Private Servers and Dedicated Servers will be Null Rooted if we do not receive payment within 5 days of invoice due date.
1.4. Dual Rack is and shall not be responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for our services.
Agreement for Services
2.1. Dual Rack will provide, and Customer will purchase and pay for, the Web hosting services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.
2.2. Customer will agree upon the following terms of service;
Examples of unacceptable material on all Shared and Reseller servers include:
Pirated Software/Warez
IRC Scripts/Bots
Bestiality
Child porn
Proxy Scripts/Anonymizers (But not limited to Proxy Hosting Plans)
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Fraudulent Sites
Image Hosting Scripts (But not limited to Image Hosting Plans)
Examples of unacceptable material on all Virtual Private Servers and Dedicated servers include:
Pirated Software/Warez
IRC Scripts/Bots
Bestiality
Child porn
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Fraudulent Sites
Therefore we have the right to suspend your account or terminate it if you are found breaking any of our terms.
2.3. Dual Rack has a strict policy about the *CPU* usage per account , the limit of your account run is 20% for 120 seconds. Activities that could cause such problems are: CGI scripts, FTP, PHP, HTTP, etc. If running any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. Failure to compile with these terms may subject to suspension of your account but not limited to terminate.
2.4. Reseller Client Responsibility
Resellers are responsible for supporting their clients. Dual Rack does not provide support to our Reseller's Clients. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Dual Rack will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to Dual Rack.
3.2. Customer must pay in full for the Services before we begin to provide the Services to Customer. Invoices are generated 3 days before renewal and customer agree that if paying by credit card, recurring billing will be billed and charged automatically on the date the invoice is generated and that Dual Rack may apply the amount due at any time to the credit card listed on file.
*invoices for recurring billing in paypal are generated after subscription payment is received.*
3.3. Payment is due on the defined monthly recurring billing date of each month.
4.1 Dual Rack may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which we may be entitled under this Agreement or under applicable law.
5.1. Customers may voluntarily cancel their account at any time, for any reason possible, by filling out the “Cancellation Request Form” which is provided on our web site. You can find the “Cancellation Request Form” in your client area. Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees. Paypal paying customers canceling their paypal subscription payment does not warrant cancellation of service. All cancellations must go through the cancellation form. Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that Dual Rack host does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be non refundable.
Refunds and Disputes
IMPORTANT NOTICE : PAYMENTS TO DUAL RACK HOSTING FOR "DEDICATED SERVERS" ARE NONREFUNDABLE.
There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. All billing disputes must be reported within THIRTY (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, which in Dual Rack sole discretion, are invalid under the terms and conditions of this Agreement, This will result in service interruption and reconnection fees to restore the desired service. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Dual Rack reserves the right to discontinue service to any Customer it deems, in its sole discretion, that violates any condition of service including, but not limited to, the following:
The Acceptable Use Policy
7.1. Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, DUAL RACK DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.
7.2. Customers are responsible for maintaining their own backups on their own personal computers or other computers.
7.3. Dual Rack does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that if our backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of Dual Rack host or any of its employees or agents, and regardless of whether Dual Rack had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.
7.4. In the event that you need to recover data from a backup, we will use reasonable efforts to restore data to your account from the appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS. AGAIN, DUAL RACK DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS.
7.5. You understand and agree that Dual Rack's backup policy does not create any warranties for whose breach we can be held reliable.
7.6. Customer agrees to defend, indemnify, and hold harmless Dual Rack , and the parents, subsidiaries, successors, assigns, employees and agents of Dual Rack's against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
7.7. DUAL RACK SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF OUR SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
7.8. DUAL RACK PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. OUR DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND DUAL RACK SHALL HAVE NO LIABILITY THEREFOR.
7.9. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
7.10. DUAL RACK DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
Any failure by Dual Rack to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of our hosting rights.
9.0. Dual Rack will notify you by e-mail of any notices that Dual Rack is required to provide to you under this Agreement, at the most current e-mail address you have provided to us. By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that Dual Rack has your most current e-mail address, and we shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that we have sent to the most current e-mail address you have provided to us.
9.1. Unless otherwise specified in this Agreement, notices to Dual Rack shall be sent to the following email address: support[@]DualRack.com
Abuse of Dual Rack Staff or Support Personnel
10.0. At Dual Rack, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you.
10.1. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice to find a new Web host. We will not any refunds for the unused portion of service.
10.2. Abusive conduct includes, but is not limited to, the following behaviors: Repeatedly addressing members of our staff in a demeaning or rude manner. Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication;
Yelling or shouting at our staff;
Deliberately using all capital (uppercase) letters in any written communication to our staff; Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.
