Rack Sense Ltd - Terms, Conditions and Acceptable Use Policy
Revision #5 - 27 July 2004
SERVICE TERMS AND CONDITIONS
ACCEPTABLE USE POLICY
Rack Sense makes best endeavours to respond to the majority of support queries within 4 hours, with a maximum response time of 48 hours.
Rack Sense reserves the right to suspend a customer's service at its discretion without prior notice. This is implemented as a last resort option for exceptional circumstances, best endeavours are made to contact customers to try and rectify any problems before taking this course of action.
However, if any problem caused by one single customer is having a large detrimental effect to the services of other Rack Sense customers then we may have no choice but to act immediately.
Rack Sense are not responsible for, and do not guarantee, backups of customer data held on its servers, but do however make best endeavours to ensure that data can be restored in the event of severe data loss.
Rack Sense are committed to providing a high quality reliable service, but shall not be held liable for any loss incurred, directly or indirectly, due to the failure or inadequacies of the services provided.
Rack Sense have the right to change these terms and conditions as they deem fit, and will endeavour to notify customers of any changes and make the most recent version available online.
Rack Sense customers are responsible for the security of the services supplied to them, any disclosure of passwords or failures in security maintenance of customer servers shall hold the customer responsible for any excess bandwidth usage billing incurred through such security failing.
Rack Sense reserve the right to implement data transfer and bandwidth throttling, rate limiting or traffic shaping in circumstances where excessive bandwidth usage occurs outside of normal limits for the service supplied.
The hosting service provided by Rack Sense must not be used for any illegal activity, be that definition under UK law. This includes, but is not limited to, serving of illegal, prohibited, pornographic or copyrighted material.
Any material stored or served by the customer will be the responsibility of the customer and Rack Sense will hold no responsibility or legal liability. Any breaches of copyrighted material or intellectual property will be the responsibility of the customer.
The hosting service provided by Rack Sense must not be used to transmit or aid any form of Unsolicited Commercial Email (UCE or "spam") or Unsolicited Bulk Email (UBE). Neither must any customer data hosted with Rack Sense be the beneficiary of UCE sent via a third party ISP (eg. sending mail spam via a third party ISP that advertises a site hosted with Rack Sense).
The hosting service provided by Rack Sense must not be used to transmit or aid any form of denial of service (DoS) attack.
The hosting service provided by Rack Sense must not be used to transmit or aid any form of virus or trojan horse software.
The hosting service provided by Rack Sense must not be used to transmit or host forged data that would raise objection from any third party. (eg. forged mail headers, "passing off", etc).
The hosting service provided by Rack Sense must not be used to serve data that is likely to generate abnormally high amounts of traffic that would exceed the customers predefined service level.
Rack Sense is bound by UK law and the terms, conditions and acceptable use policies of its upstream providers and will therefore be required to enforce those terms on its service where applicable.
PAYMENT AND BILLING TERMS
Personal information collected by Rack Sense about customers will strictly be used to inform customers about Rack Sense's services provided, eg. billing, service changes, outages and products. No personal information will be resold or passed on to third parties without prior consent of the customer.
Payment for services provided by Rack Sense is expected within 14 days of invoice due date.
Services may be suspended if payment is not received and/or late payment charges may be applied in line with The Late Payment of Commercial Debts (Interest) Act 1998.
The customer may become liable for any costs incurred to Rack Sense in the process of having to recover an overdue debt.
By default all payments made to Rack Sense are non-refundable, refunds may be made at the discretion of Rack Sense staff if deemed appropriate.
Rack Sense reserves the right to publish the name of any customer that defaults on payment.
The customer agrees to be bound by the minimum contract length specified for the particular service taken and all fees invoiced for that period.
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