Acceptable Use Policy

Acceptable Use Policy

You will be held responsible for all actions performed by your account whether done by you or by others! If server security is compromised, the account holder is responsible for all violations of RackMAX Terms of Service (the “Terms of Service”) and this Acceptable Use Policy (this “AUP”), including SPAM, and all disconnect and reconnect fees associated with violations.

All users must Agree with this AUP before any service is set-up, thus why you must read and agree to it here in the middle of the ordering process. Completion of this order constitutes acceptance and agreement with the AUP. Rackmax reserves the right in its sole discretion to remove any content for any reason, including but not limited to, your violation of any laws or the terms and conditions of this AUP. Your violation of this AUP may result in the suspension or immediate termination of either your account or other actions as detailed below.

One thing that must be stated early: All payments to Rackmax are non-refundable for ANY service found to have been in violation of our AUP.

Rackmax reserves the right in its sole discretion to remove any content for any reason, including but not limited to, your violation of any laws or the terms and conditions of this AUP. Your violation of this AUP may result in the suspension or immediate termination of either your account or other actions as detailed below.

Actions which Rackmax considers inappropriate and grounds for removal of offending material or termination of access to the website or server(s)  include, but are not limited to, the following:

  • Using Services to sell any goods or services that are unlawful in the location at which the content is posted or received or the goods or services delivered.
  • Using Services to post any content that is obscene, lewd, lascivious, pornographic, contains nudity or sexual acts, excessively violent, harassing, or otherwise objectionable.
  • Using Services to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
  • Using Services to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
  • Using Services to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information, or assistance in causing or carrying out such violence.
  • Using Services to post any content that holds Company, its employees or owners up to public scorn or ridicule or would in any way damage or impair Company’s reputation or goodwill.
  • Using Services to post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others.
  • Failing to obtain all required permissions when using Services to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws.
  • Deleting or altering author attributes, copyright notices, or other copyright management information, unless expressly permitted in writing by the author or owner.
  • Adding, removing or modifying identifying network header information in an effort to deceive or mislead.
  • Attempting to impersonate any person by using forged headers or other identifying information (the use of anonymous remailers or nicknames does not constitute impersonation).
  • Using Services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”
  • Using Services in a tortious manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress.
  • Introducing viruses, worms, Trojan horses, malware or other harmful code on the Internet.
  • Using Services to transmit any unsolicited commercial or unsolicited bulk e-mail. Violations of this type will result in the immediate termination of the offending account.
  • Using the Services for any kind of IRC (Internet Relay Chat) on Company’s servers.
  • Using Services for any activity which affects the ability of other people or systems to use Services or the Internet (this includes “denial of service” attacks against another network host or individual user).
  • Using Services to hack, breach, or test the vulnerability of user authentication or security of any software or hardware without express authorization of the owner.

Statement of Purpose

The Primary Purpose of RackMAX is to provide our clients with the resources necessary to put their Internet services online reliably in a lightning fast, high availability environment that responds quickly to each client’s individual needs.

Regarding Ultimate Liability

The client is ultimately responsible for individual server security. RackMAX disclaims all liability for server content.

Network Misuse

All clients are allowed access to the public and private network; however misuse of the network in any way, including interference, will result in a violation of this AUP. All violations of this AUP shall be subject to review by RackMAX, and an appropriate course of action shall be taken as determined by RackMAX in its sole discretion. Proper use of public network must comply with all local, state, and federal laws. Clients assume full liability for all content which they place on the server. Content displaying or transferring acts of copulation or exposed genitalia is prohibited, regardless of context. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting is deemed a violation of this AUP.

Sabotage

Any type of sabotage, regardless of intention, shall be grounds for termination of an account. This includes but is not limited to abuse of the remote reboot system by using it multiple times in a very short amount of time for improper reasons.

Network Security

Clients are required and obligated to maintain all security on their servers. Any and all additional charges that are incurred due to client lack of monitoring or security are the responsibility of the client.

Monitoring Policy

RackMAX does not actively monitor the content on its servers. Dedicated server content will only be reviewed upon complaint. Content that does not violate local, state and federal law or this AUP or the Terms of Service is deemed in compliance and shall remain intact. If content is deemed to be in violation of this AUP or the Terms of Service, it shall be reviewed by Limestone Networks, and a course of action shall be taken to correct the problem, which may result in termination of the account or service.

Blacklist Policy

If any client or any third-party user that is a customer of our client uses RackMAX services, network, or its physical infrastructure in a manner that causes RackMAX, or any IP addresses issued by RackMAX to be “blacklisted” or “blocked”, RackMAX reserves the right to suspend or terminate services of such client and/or suspend or terminate the access to services, network, and/or its physical infrastructure. Operating RackMAX service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.

IP Addresses

All IPs addresses issued by RackMAX are the sole property of RackMAX. Clients retain no ownership rights to any IP addresses issued by RackMAX. Clients may not transfer IPs from RackMAX. Any client purchasing over 16 IP addressed in addition to their server may be required to submit ARIN justification forms as well as submit to additional terms depending on the number of IP addresses desired. For more information about IP Addresses, please contact [email protected].

IRC/Bittorrent/P2P

IRC Usage shall be allowed unless such usage is abused or creates or enhances any type of problem(s) with RackMAX services or network. It is also deemed a violation of this AUP if it is determined that IRC is the cause or root of a service interruption to other users. Clients may not operate and maintain IRC servers which connect to global IRC networks. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. If a client’s IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or deny service to other clients or users, then RackMAX may null-route, filter, suspend, or terminate that client’s service. RackMAX allows the use of both Peer to Peer as well as Bit Torrent, but we do not permit the transfer of illegal content.

Law Enforcement

RackMAX may be required by law to submit client information to law enforcement officials, when presented with a valid subpoena from a court with proper jurisdiction. In such event, the information requested is disclosed as directed pursuant to the subpoena. The safety and privacy of any client will only be compromised by the court order of a subpoena. RackMAX will notify the client of the information request as allowed by the subpoena.

Violation Claims

Any Claim of Violation of this AUP that is being submitted by a third party must include the name and contact information of the complaining party, the IP address from which the alleged complaint originated, and a description of the violation. This AUP applies to all users of servers provided by RackMAX, including without limitation the customers, clients and other users of our clients.

RackMAX reserves the right, at its sole discretion, to refuse new service to any individual, group, or business. RackMAX also retains the right to discontinue service for any client for any reason or no reason and at any time, including without limitation for violation of this AUP