PacificRack reserves the right to suspend or cancel any client's access to any portion or all of PacificRack services, when
PacificRack deems that the account has been used inappropriately. PacificRack reserves the right to refuse service and/or access to its servers to anyone.

1. PacificRack prohibits sites engaged in:

• 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.

2. Policy Violation

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.

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 server’s hard drive fails, we hold no responsibility. Please make sure you have off-site backups! We do our best, but sometimes things go wrong!

4. Server Management

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 3^rd party actions.
We reserve the right to decline management services should the client, client’s 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 aren’t sure how to do it, please let us do it for you!
 

5. Technical Support

If you wish to file a support ticket or to check on progress of an existing trouble ticket you may dial 1-877-420-RACK option 1, login to your portal at https://myrack.pacificrack.com or e-mail support@pacificrack.com
• Technical support hours: 24 Hours a Day and 7 Days a Week

6. Payment Policy

• 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), Paypal (www.paypal.com) and ePassporte (www.epassporte.com).
• 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.

7. Additional Features

• 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.
• Additional services will be activated when payment is received.

8. Renewal and Billing Schedule

• Client has ten (10) days to remit payment to PacificRack after first email notification to the billing contact of an upcoming renewal. Accounts receive notification of an upcoming renewal 10 days prior to the due date as well as the day prior to the due date.
• The 10 days advance notice serves as your grace period, if payment is not received by the due date, your account is considered to be in default and at risk of service interruption.
• Payment must be received or services are not rendered.
• Should you need an extension, please contact the billing department PRIOR to the due date. We are very understanding and lenient, but we must receive communication from the client.
• If you know you will be away on vacation, business or otherwise unable to communicate with us or remit payment, ensure that you notify us prior to being unreachable or make the payment(s) in advance.
• If payment is not received BY THE DUE DATE, expect service interruption.
• Any interrupted service will incur a $25 re-connection penalty.
• Returned or bounced checks will incur a $35 processing and handling penalty in addition to the bank assesed NSF fee's.
• PacificRack reserves the right to change prices at any time on month to month services. Month to month means you are not locked into a contract and terms may change for the new upcoming month. You do have an option to enter into a term contract should you so wish.
• All monetary transactions will occur in $US dollars.

9. Credit Card Failures

If there are difficulties with the completion of the charge the client will receive a past due email notice. We will attempt to charge the account two (2) days after the original processing date.
PLEASE NOTE: If the payment is unsuccessful on the 2nd day, the account will be SUSPENDED (service interruption). If payment is not received within 24 hours (the 3rd day), the account will be CANCELLED (services permanently disconnected) and an email will be sent notifying the client of the action taken.

10. Returned Checks
• Non-Sufficient Funds
• If a check is returned, the client is subject to a $35 processing and handling fee in addition to bank assesed NSF costs.

11. Account Reactivation

• 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.

12. Refund Policy

• 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.
• Monthly fees associated with primary services are non-refundable.

13. Cancellation

• 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 at least 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.

14. Indemnification

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. Client agrees to idemnify PacificRack against any legal fees, fines, levies, or charges derived from any circumstance related to Clients account.

15. Disclaimer

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.

16. PacificRack reserves the right to revise our policies at any time.