ClearRack welcomes you. When using cloud hosting services (the "Service") provided by ClearRack, defined below in Section 1.1, you agree to be bound by all of the following terms (the "Terms of Service") within this Agreement.
ClearRack reserves the right to alter, amend or modify any provision of this Terms of Service Agreement at any time with or without prior notice to you. ClearRack.com is a registered domain of US Internet Corp.
This Agreement is effective from your acceptance thereof, which is indicated by the establishment of your account. If you are a current ClearRack client when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.
1.1. ClearRack is a leading provider of cloud hosting, dedicated servers and hybrid hosting services for small business, enterprises, educational, and government institutions worldwide.
1.2. Any means of identification assigned to you by ClearRack (including username and IP address) will remain the property of ClearRack. ClearRack reserves the right to alter or replace these forms of identification at any time.
1.3. ClearRack makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. ClearRack reserves the right to discontinue and/or change the Service or any of its features at any time with or without notice.
2. Registration Requirements
2.1. In consideration of the Use of the Service, outlined below in Section 3, Client certifies to ClearRack that he/she is not a minor. By accepting this Agreement, you represent that you are at least 18 years of age. If you are a minor, we will need approval from the parent/guardians.
2.2. You agree to provide ClearRack with accurate, complete and up-
2.3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you close the account as specified in Section 10. If any information provided by you is inaccurate, not current or incomplete, ClearRack retains the right to suspend or terminate your account.
3. Use of the Service
3.1. You, and those you authorize, are the only individuals who are authorized to access the Service through your account. You must ensure that all authorized users on behalf of your account comply with this Agreement.
3.2. You are responsible for maintaining the confidentiality of passwords used by yourself or any authorized user for your account.
3.3. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects ClearRack to liability; or is in any violation of the ClearRack Terms of Service Agreement.
4. User Conduct
4.1. You agree to be solely responsible for the content of your transmissions through the Service. You acknowledge that ClearRack simply acts as a passive conduit for the distribution and transmission of data.
4.2. You agree not to resell any part of the Service under your account including, but not limited to, cloud hosting, dedicated servers and hybrid hosting and any form of identification assigned to your account except you have the authorization from ClearRack.
4.3. You agree that your use of the Service is subject to all applicable local, state, national and international laws and regulations. Furthermore, you agree that you recognize that violation of any such laws, rules and regulations shall be cause for immediate termination, without notice, of your account at the sole discretion of ClearRack.
5. Unacceptable Use of Service
5.1. Illegality in any form, including, but not limited to, activities such as unauthorized distribution or copying of the Service; violation of USA and international export restrictions; harassment; fraud; drug dealing; intentionally inflicting emotional distress; violating trademarks; copyrights; privacy and other intellectual property rights.
5.2. We reserve the right to remove permission to access the Service if we suspect security violation attempts involving your account, whether directly deliberately caused by you or not.
5.3. Spamming, to send unsolicited commercial or non commercial email or newsgroup posts, from the server or involving your domain.
5.4. Mail bombing, sending of large files or emails to other users against the request of an Internet user, whether or not our servers are used.
5.5. Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with Service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
5.6. The use of programs that consume an excessive amount of CPU run time or Random
Access Memory (RAM) on the server. High load Chat Room Scripts and Programs. All
kind of Shell/SSH/Telnet access Scripts. High loaded Bulletin Board/Forums Systems
including but not limited to: UBB -
5.7. Unacceptable site content, links, storage and/or distribution including, but not limited to, pirated software or programs which are intended or used for security violation purposes ("cracking software"); "Warez Sites"; "IRC Bots"; pornography; nudity; sexually explicit or offensive material; and defamatory, scandalous, or private information about a person without their consent.
5.8. Adult and "Rated X" Material, Site content or links including, but not limited to, pornography; nudity; sexually explicit or offensive material. Disturbing site content or links. Site content or links including threatening, defamatory, or scandalous language or information.
5.9. Background Running Programs, Background Daemons, including, but not limited to, IRC bots; eggdrop; BitchX(IRC Client); XiRCON; ShoutCast Plus IceCast; and any other program that interferes with normal server operation.
5.10. Illegal activities including but not limited to:
5.10.1. Distributing information regarding the creation of or sending of Internet viruses; worms; Trojan horses; pinging; flooding; mailbombing; or denial of service attacks.
5.10.2. Activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
5.10.3. Accessing illegally or without authorization computers, accounts, or networks. Attempting to penetrate security measures of a system ("cracking").
5.10.4. Exporting encryption software over the Internet or otherwise, to points outside the United States or Canada.
5.10.5. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
5.10.6. Any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
5.10.7. Any activity including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes; pyramid schemes; fraudulently charging credit cards; and pirating software.
5.10.8. Engaging in activities, whether lawful or unlawful, that ClearRack determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.
5.11. Disclaimers found on the offending website will not protect the client account from being terminated if such site is in violation of this Agreement.
5.12. Failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
ALL FORMS OF 'UNACCEPTABLE USE OF SERVICE' ARE STRICTLY FORBIDDEN. EVIDENCE OF SUCH MATERIAL WILL BE CAUSE FOR IMMEDIATE TERMINATION OF SERVICE. CLEARRACK ON BEHALF OF US INTERNET CORP. WILL BE THE SOLE ARBITERS AS TO WHAT CONSTITUTES A VIOLATION OF THIS PROVISION. CLEARRACK WILL NOTIFY THE APPROPRIATE LAW ENFORCEMENT DEPARTMENT IF SUCH VIOLATION IS A CRIMINAL OFFENCE.
6. Pricing & Terms
6.1. There are no setup fees. ClearRack does not issue refunds for fees paid in advance or for fees and/or payment made towards your account after the first 30 days of Service.
6.3. Current pricing for ClearRack services may be obtained by calling your sales representative. ClearRack reserves the right to change prices, rates and/or institute new charges/fees at any time.
6.4. A service charge, up to the maximum allowed by the state you reside in, will be assessed to your account for each check that is returned to ClearRack for insufficient funds.
6.5. Payment must be made towards your account on its assigned due date. If your account is delinquent, your account may be suspended or terminated at the sole discretion of ClearRack.
IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL INSTITUTION, CLEARRACK
RESERVES THE RIGHT TO RE-
ClearRack may, at its sole discretion, charge a fee of US$25.00 or greater to reinstate a suspended account.
6.6. If you believe that ClearRack has billed you in error, you must contact the Billing Department within 30 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges billed in error which are more than 30 days old. To contact the Billing Department, please use THE "contact us" link in ClearRack.
6.7. Any site found to be in violation of the Acceptable use Policy or the details discussed in section 5 will be suspended/removed and subject to a $30.00 fee.
6.8. You hereby authorize us to charge your credit card for the applicable fees to
be incurred by you or on your behalf in connection with your use of the Services
during the term of this Agreement. Such fees will be charged to your credit card
dependent on which specific Services you are using and the payment terms of such
service as described on the relevant sections of the ClearRack Web site. These charges
will occur until this Agreement is terminated and your account canceled, regardless
of account activity. It is your responsibility to notify us if your credit card has
expired and to make necessary changes or your use of the Services may be discontinued
or interrupted. You shall be solely responsible for all charges, fees, duties, taxes,
and assessments arising out of your use of the Services. We reserve the right to
modify the fees charged for the Services from time to time, provided that such modifications
will not take effect earlier than thirty (30) days after we post such modifications
on our Web site. Amounts not paid by you to us when due, may bear interest at the
lesser of (a) one and one-
6.9. ClearRack charges and collects in advance for use of the Service. ClearRack
will automatically renew and bill your credit card or issue an invoice to you (a)
every month for monthly services, (b) every quarter for quarterly services, (c) each
year on the subsequent anniversary of the initial sales order, or (d) as otherwise
mutually agreed upon. The renewal charge will be equal to the then-
7. Disclaimer of Warranties
7.1. You assume full responsibility and risk for use of the Service by you and your
authorized users. The Service is provided on an "as is" and "as available" basis.
ClearRack does not warrant that the Service will be uninterrupted or error-
7.2. ClearRack shall not be liable for any costs or damages arising directly or indirectly from use of the Service. It is solely your responsibility to evaluate the accuracy, quality, completeness, and usefulness of all opinions, advice, services, and other information provided through the Service.
8. User Remedies
8.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by closing your account by one of the methods outlined in Section 10.
8.2. Under no circumstances shall ClearRack, its employees, affiliates or contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from any: use of your account or the Service or your inability to use the Service; your reliance on or use of information, services or merchandise provided on or through the Service or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
You agree to indemnify, defend and hold harmless ClearRack, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party arising out of or related to your use of the Services or your violation of this Agreement, including without limitation the infringement by you or any other user of your account, of any intellectual property or other right of any person or entity. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
10. Termination of Agreement
10.1. You may terminate this Agreement by using the methods outlined in Section 12 of this Agreement. Your termination will only be complete upon your receipt of a confirmation number from ClearRack. You will receive this confirmation number either via United States Post, electronic mail or both. Charges to your account will stop accruing the day you receive your confirmation number. ClearRack will not issue refunds for fees paid in advanced or for accounts that have been activated passed the 30 Day Money Back Guarantee mark.
10.2. Termination of the account will take up to 3 days to process. Therefore, for
10.3. ClearRack may terminate this Agreement at any time without cause upon 30 days prior notice; or; immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement including, but not limited to, a breach of any obligation imposed under Sections 2, 3, 4, 5 or 6 or if you fail to pay any charges within 10 days of the date they accrue.
10.4. Upon termination of this Agreement, all rights granted to you or your authorized users under this Agreement shall immediately cease and terminate.
10.5. Termination from this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.
10.6. Sections 6, 7, 8, 9, and 12 shall survive termination of this Agreement; ClearRack retains the right to enforce these provisions regardless of account status.
11.1. The 30-
11.2. All resold accounts are subject to the terms discussed in section 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 12.
11.3. ClearRack accepts payment for reseller account via credit card or PayPal only.
11.4. If a reseller's monthly fee is past due, all accounts created under the reseller account and the initial reseller account itself will be suspended.
11.5. A $10.00 re-
11.6. Any reseller whose account has been listed as suspended for over 15 days will be cancelled and charged a $10.00 cancellation fee.
11.7. Cancellation of a reseller account must be submitted at least 5 days prior to the next billing date. Any cancellation request that comes within the 5 day limit may be subject to a $5.00 fee.
11.8. Upon cancellation of a resold account, all accounts created under the initial account and the initial account itself will be removed. It is your responsibility to inform your clients and move their data.
11.9. If cancellation of a non-
12. Closing an Account
12.1. You may close your account by one of the following methods:
Send request via Contact Us form C/O "Billing Department"
The request must meet the following criteria:
Include company or personal letterhead.
Include your account information
(domain name, username, IP address, and password)
Reference your Order/Authorization Number you received with your first receipt of payment.
Failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
This Agreement shall be governed by and construed in accordance with the laws of Minnesota, USA, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Minneapolis, Minnesota, with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and ClearRack. Any cause of action you may have with respect to the Service must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action is barred.
This Terms of Service and Acceptable Use Policy Agreement constitute the entire Agreement between you and ClearRack with respect to the Service.
13. Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL CLEARRACK
OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO BY MEANS OF OR THROUGH THE SERVICES, OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT
IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE
TO DELIVER, HOLD OR STORE EMAIL TRANSMITTED THROUGH THE SERVICES. IF YOU ARE DISSATISFIED
WITH THE SERVICES, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. Without limiting
any of the foregoing, we are not responsible for any of your materials and data residing
on our network hardware. You are responsible for backing-
14. ClearRack Communication
We shall have the right to communicate with you via email, receipt of which by you is considered by ClearRack essential to our provision of service. You may unsubscribe from such communication at any time.
15. Disclosure of Information
We will not disclose personally identifiable information about you or your private
communications (i.e., content transmitted on private, non-
16. Proprietary Rights
We will not sell, trade, rent, lend or give email addresses that you supply us to anyone else for any purpose, nor will we use the addresses you supply us for any purpose other than supplying the Services to you or for verifying the proper functioning of our systems. It is understood that it is possible that some of the addresses you supply us may already be on lists that we own and that we have the right to mail to such addresses.
We do not claim ownership of the materials you provide to us for purposes of using
the Services and which were created by you or on your behalf. By transmitting such
materials for distribution to your Lists, you grant us a worldwide, royalty-
ClearRack is a wholly owned subsidiary of US Internet Corp.