Offshore Racks Terms and
Conditions
Revision date: Jan-2011
Prohibited are sites that promote any illegal activity or present content that may be damaging to OFFSHORERACKS' servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
pirated software
hacker programs or archives
Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL
MP3
FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER
ILLEGAL
FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND
A
$50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, OFFSHORERACKS WILL
NOTIFY THE
PROPER AUTHORITIES OF YOUR ACTIONS.
Traffic Usage
All account plans come with a predetermined amount of traffic
allowance. We
monitor all accounts and bill $1.00 for each gig of traffic exceeded.
This
amount is not prorated, meaning that 1 mb - 1 gig will be treated and
billed as
the same.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of
OFFSHORERACKS
is strictly prohibited. As our customer you are responsible for all
your
accounts. Should you violate the Terms of Services outlined within,
your
account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.
All sub-networks, distributive hosting sites and dedicated servers of OFFSHORERACKS must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Billing
By the Account Activation Date of each month, OFFSHORERACKS shall
either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to OFFSHORERACKS by no later than the specified payment due date. OFFSHORERACKS shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Service Fees
Certain services carry a setup fee charged by OFFSHORERACKS to client,
which
must be paid by client in order to have use of said services. If client
terminates this agreement, client shall be responsible for any and all
outstanding fees owed to OFFSHORERACKS and agrees to pay any and all
fees
incurred by client. Because the services are provided on a monthly
basis, the
client will be responsible for service fees incurred each month,
regardless of
when client provides notice of termination. Thus, for example, if the
client
provides notice of termination on the 15th day of a particular month,
the
client will be responsible for service fees for the entire month, and
such fees
will not be pro-rated or refunded.
Money back guarantee & refund policy
We offer a 30 day Money back guarantee.
Refunds: If client has retained the services for one year and has
pre-paid
OFFSHORERACKS for such services, refunds will be issued for any unused
full
month of the services, upon client's request. Therefore, if client's
account is
cancelled at any point during the one-year term, client will be
entitled to a
refund for the months remaining, after notice given by the 25th day of
the
preceding month.
Account Deactivations
Any account deactivated due to non-payment will require a reactivation
fee of
$20.00 prior to reactivation.
Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days
notice
for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.
Limitation of Liability
OFFSHORERACKS shall not be responsible for any claimed damages,
including
incidental and consequential damages, which may arise from
OFFSHORERACKS '
servers going off-line or being unavailable for any reason whatsoever.
Furthermore, OFFSHORERACKS shall not be responsible for any claimed
damages,
including incidental or consequential damages, resulting from the
corruption or
deletion of any web site from one of OFFSHORERACKS ' servers. All
damages shall
be limited to the immediate termination of service.
Violations
Violations of these Acceptable Use Policies should be referred to
info@offshoreracks.com. All complaints will be investigated promptly.
Failure
to follow any term or condition will be grounds for immediate account
deactivation.
Disclaimer
OFFSHORERACKS cannot be held liable for system down time, crashes or
data loss.
We cannot be held liable for any predicated estimate of profits which a
client
would have gained if their site was functioning. Certain services
provided by
OFFSHORERACKS are resold. Thus, certain equipment, routing, software
and
programming used by OFFSHORERACKS are not directly owned or written by
OFFSHORERACKS. Moreover, OFFSHORERACKS holds no responsibility for the
use of
our clients' accounts. Failure to comply with any terms or conditions
will
result in the automatic deactivation of the account in question. We
reserve the
right to remove any account, without advance notice for any reason
without
restitution, as OFFSHORERACKS sees fit.
Account Activation
By activating your account with OFFSHORERACKS, you agree to the above
policies
and disclaimer. Upon requesting activation of an account, you are
required to
accept these policies, guidelines and disclaimer, and a copy of your
acceptance
is forwarded along with your activation request to be maintained with
your
account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
OFFSHORERACKS guarantees 99.98% service (http, ftp, pop, imap, smtp)
uptime on
all hosting plans. Should we fail to deliver this for any given
calendar month,
your account will be refunded a pro-rated amount for the duration of
excessive
downtime.
OFFSHORERACKS reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
Privacy
Revision date: Jan-2010
OFFSHORERACKS has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.
Order Forms
Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.
Contact information from the order forms is used to get in touch with the customer when necessary.
Billing information that is collected is used to bill the user for services.
Unique identifiers are collected from Web site visitors to verify the user's identity.
Demographic and profile data is also collected at our site.
We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.
Security
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.
Third Parties
Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: info@offshoreracks.com

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