You must accept the terms of this Agreement in order to use the Services. If you do not wish to accept any amendments, in future, please email: [email protected] to get your service cancelled.

Last Update: 29th September, 2008 (multiple changes)

Racked Hosting LLC reserves the right to change or modify any of the terms and conditions contained in this agreement, any addendums and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Racked Hosting LLC Web site (the "Site"). Your continued use of Services following Racked Hosting LLC's posting of any changes or modifications will constitute your acceptance of such changes or modifications.

Racked Hosting LLC reserves the right to modify these terms at any time without notice. Racked Hosting LLC maintains the right to monitor any and all accounts at any time for any violations of these terms. By activating any type of account with Racked Hosting LLC you agree to abide all the terms and conditions contained within this page.

For additional SCPanel specific terms and conditions, please visit: http://www.scpanel.net/tos/

Fraud Prevention

Orders may randomly be verified by phone against fraud. Please co-operate with us and provide your real phone number when signing up and also mention the time we can call you with respect to standard time zone (GMT). As per our privacy policy, your information is kept confidential. Once your account is account is verified, it need not be verified again unless we sense suspicious activity

SHOUTcast Services Policy

SHOUTcast Bitrate cannot be restricted automatically. However we shall be monitoring the usage. If we find that you are using a higher Bitrate than what you signed up for, we will issue a notice to upgrade. Failure to do so within 3 days will result to suspension of the service without refund. To re-activate the service, a fee will be appropriately charged.

Unauthorized use of our test streams for public streaming is prohibited. We will take serious action against defaulters.

Payment Policy

All services provided by Racked Hosting LLC are pre-paid in advance for either one month or quarterly periods. Full payment is required before we will create an account or add additional services to any account. You will be billed automatically on the day of sign-up and every 30 days or every one year thereafter (this is your "billing date") until a cancellation request is received. If during any month there are any account overages (e.g. bandwidth, disk space, etc.), you will receive a separate invoice by e-mail for these charges which must be paid within 7 days of receipt.

Please note that if payment for your services in full is not received by your billing date, or payment for overages is not received within 5 days of the invoice date, you will be notified by e-mail and we will attempt to re-bill for up to 3 days before your account is suspended. You must then contact [email protected] to work out payment options. After 14 days the account will be terminated and all content deleted if not paid in full. All accounts suspended for failure to pay are subject to a $15 re-activation fee.

Cancellations

We do not require any type of contract so you may cancel service at any time. To cancel an account, you must e-mail [email protected] requesting the account cancellation at least five days seven, in case of dedicated servers) before your next billing date. You will be notified via e-mail as soon as the cancellation request is completed or if any further information or action is needed on your part. Refunds will only be given for yearly payment. The only exception for refund is server downtimes which entitles you to get a refund. As for yearly refund, we shall follow the following procedure:

	Refund = Yearly fee - (Monthly Fee X no. of months of service).
Example
	You paid $200 for an yearly plan which costs $20 monthly. If you want a refund after 6 months:
	Refund = $200 - ($20 X 6 ) = $200 - $120 = $80.
	In this example plan, no refund will be given after 10 months of service because:
	Refund = $200 - ($20 X 10 ) = $200 - $200 = $0.

Account Termination

Racked Hosting LLC reserves the right to refuse service, suspend, or terminate any account for any reason, at any time without prior notice. If at anytime your account is suspended or terminated, we will attempt to notify you by e-mail as to the reason and it is our sole discretion whether or not to re-activate a suspended or terminated account. We are not responsible in any way for any loss, financial or otherwise, or any third party obligations you may incur as a result of the suspension or termination of your account. We are also not responsible for notifying any third parties that your service has been suspended or terminated or forwarding any e-mail accounts of a suspended account/domain.

Prohibited Activity

You may only utilize Racked Hosting LLC's services for lawful purposes as dictated by the laws in any and all locations in which your content will be accessed. At no time may you display, transmit, or store any material that violates any state, federal, local, or foreign law. Also prohibited are the following: