Hosting Terms of Service

Hosting Terms of Service 2017-06-11T17:48:49+00:00

WordsRack Inc. Terms of Service (TOS) – Updated September 30 2016

Terms of Service

THIS AGREEMENT BETWEEN WordsRack, Inc. and you where “you” is referred to as “Account Holders “Users”, “Members”, “Customers”, or “Subscribers”.

WHEREAS WordsRack, Inc. agrees to furnish IT – internet based services associated with web sites, web hosting, or dedicated core virtual servers to the User.

Use of WordsRack, Inc. Service constitutes acceptance and agreement to WordsRAck, Inc.’s policies are subject to the terms above and as follows:

Content

At WordsRack, Inc., we strongly prohibit the use of any our service for any illegal activities.

User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following. Examples include but are not limited to:

  1. Any copyright, patent, trademark, or other intellectual property right.
  2. Child Pornography
  3. Hate content
  4. Threatening, racial, or otherwise abusive content.
  5. Any and all content inciting, instructing, or promoting illegal activities.

Payment

Establishment of service is reliant upon receipt by the Company of payment of affirmed charges. Following payments are due on the anniversary date of the month for that month’s service.

Payments and Fees:

Accounts that reach 10 days past due will be suspended. Accounts that are not collectable by WordsRack, Inc. may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. After 10 days, reaching out to a client with a past due account, Wordsrack will determine with that client if the problem can be quickly overcome and anniversary date payments re-established using the account holders payment dashboard. Without direct and prompt communications back from the client to automated or management email notices of payment due, Wordsrack will suspend the account and terminate the hosting (the client site will then not be available online). A terminated account can be retrieved within 30 business days with a new hosting agreement. The new hosting agreement may not be the same price as the account prior to termination.

Failure to Pay

The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation

Requests for canceling accounts may be made in writing in email or through your account page by sending support a private message.

Disclosure to Law Enforcement

At WordsRack, Inc., we specifically forbid the use of our service for any unlawful activities. Therefore, User agrees that the Company may reveal any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition WordsRack, Inc. shall have the right to terminate all service set forth in this Agreement.

Support Boundaries

WordsRack, Inc., provides 24 x 7 x 365 technical support to our subscribers andour staff is limited to our area of expertise. The following are our guidelines when providing support: WordsRack, Inc. does not offer tech support for application specific issues such as cgi programming, html or any other such issue. WordsRack, Inc. does not provide technical support for YOUR customers. If you can email, we encourage you to use the help desk online system for assistance.

SPAM and Unsolicited Commercial Email (UCE)

WordsRack, Inc. takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of WordsRack, Inc. may not use or permit others to use our network to transact in UCE. Customers of WordsRack, Inc. may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of WordsRack, Inc.’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, WordsRack, Inc. will initiate an immediate investigation (within 48 hours of notification). During the investigation, WordsRack, Inc. may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, WordsRack, Inc. may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, WordsRack, Inc. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. WordsRack, Inc. will notify law enforcement officials if the violation is believed to be a criminal offense. As our Customers are ultimately responsible for the actions of their clients over the WordsRack, Inc. network, it is advisable that customers develop a similar, or stricter, policy for their clients.

Network Bandwidth and Disk Usage

Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). WordsRack, Inc. will monitor Customer’s bandwidth and disk usage. WordsRack, Inc. shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in WordsRack, Inc.’s sole and absolute discretion. If WordsRack, Inc. takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, WordsRack, Inc. may, at its sole discretion, collect a deposit, in an amount determined by WordsRack, Inc., against customer’s payment information on file with WordsRack, Inc.

System and Network Security

Users are prohibited from violating or attempting to violate the security of the WordsRack, Inc. network. Violations of system or network security may result in civil or criminal liability. WordsRack, Inc. will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

  • Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  • Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation

WordsRack, Inc. is under no duty to look at each customer’s or user’s activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.

Miscellaneous Provisions

You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

WordsRack, Inc. takes no responsibility for any material input by others and not posted to the Online Net Hosting Network by WordsRack, Inc. WordsRack, Inc. is not responsible for the content of any other web sites linked to the WordsRack, Inc. Network links are provided as Internet navigation tools only. WordsRack, Inc. disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy. WordsRack, Inc. is not responsible for any damages your business may suffer. WordsRack, Inc. does not make implied or written warranties for any of our services. WordsRack, Inc. denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by WordsRack, Inc..

30 days Money Back & Cancellation Policy

Money back guarantee on all our web hosting plans and packages: To prove to you how confident we are in our services, we will offer you a 30 day money back guarantee on web hosting plans and packages. Other services are non-refundable.

Hosting Account

  • Guarantee applies to first time purchasers only.
  • 30 Day period begins when hosting login information is received.
  • Refund will be provided only if customer experiences technical problems caused or related to items 100% controlled by WordsRack, Inc.
  • Refund is granted by WordsRack, Inc.’s sole discretion.
  • Refund decisions made by WordsRack, Inc. are final.
  • Service used percentage will be deducted while making the refunds.

Dedicated Core Processor Virtual Server Accounts

  • Guarantee applies to first time purchasers only.
  • Guarantee does not cover individually allocated IP address or IP Range monthly charges or infrastructure set up fees
  • 30 Day period begins when customer receives server login information.
  • Refund will be provided only if customer experiences technical problems caused or related to items 100% controlled by WordsRack, Inc.
  • Refunds are not given for downtime caused by customer actions or 3rd party software.
  • Refund does not include any software such as control panel or items bundled together with the server.
  • Service used percentage will be deducted while making the refunds.
  • Refund is granted by WordsRack, Inc.’s sole discretion.
  • Refund decisions made by WordsRack, Inc. are final.

Please note:

WordsRack, Inc. will not issue refunds to users who have their account terminated by WordsRack, Inc., for breach of our terms of service. Refunds will not be made to users who exceed their allocated bandwidth limit. Accounts that are renewed for additional terms are also not subject to our money back guarantees.

Backups & Responsibility for Content

You, as WordsRack, Inc.’s customer, are solely responsible for the content stored on and served from your WordPress installation via our Nginx Ubuntu Servers.

WordsRack, Inc. is not responsible for back ups that contain corrupted data whether by mistake or because someone obtained access to your dashboard (unattended computer while logged in) or by third parties that obtained your login credentials by mistake or having forced their way into your email or computer records.

By default Wordsrack keeps 2 weeks (14 days) of database backups that can be made available along with a copy of the entire /wp-content folder for migration to another service or used to restore your site to a prior time (last 14 days). It is your sole responsibility to ensure your site is up to date and if your data does get corrupted that it is well within that window of 14 days so an emergency restoration can be completed. Any new data, posts, pages or content authored “after” the restoration database copy date will be lost. You should keep a local copy of your content (pages, blog posts etc in Google Drive or One Drive for safekeeping). It is a good and best practice to author content in the cloud and to store images as well that are on your live site.

Enterprise clients have their data backed up as often as every 1-4 hours and a set of 1-12 month(s) – or infinite, data snapshots as required by the client. Each enterprise setup may include proprietary software and processes/procedures that will not work in another server environment and cannot be transferred away in a back up. This pertains to licenses and/or accounts held with 3rd parties, DNS Records pertaining but not limited to A, CNAME, TXT, SPF, DKIM, MX & SRV.

All provisions of this contract are subject to the TOS (Terms of Service) of WordsRack, Inc. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of WordsRack, Inc. Subscriber understands that change to the AUP by WordsRack, Inc. shall not be grounds for early contract termination or non-payment.

© 2016 WordsRack Inc.