TERMS OF SERVICE & PRIVACY POLICY

If you make use of any of RackNation backup services please refer to our BACKUP SERVICES TERMS AND CONDITIONS
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RackNation datacenter in San Jose Costa Rica is bound to its service level agreement which contemplates the following specific items:

RackNation offers an uptime service level agreement of a 99,98% for our clientele in all service models including: Colocation, Dedicated Servers, Cloud Servers, VPS Classic and web hosting. This uptime level agreement does not contemplate any maintenance windows previously communicated or accepted by the client for normal maintenance or equipment updates.

Our formal channel of communication for scheduled maintenance windows is: http://status.racknation.cr

We urge clients to subscribe to updates via the previous URL for immediate notifications on maintenance windows, updates or critical situations.

All technical issues should be communicated to Racknation using the formal communication channels: LiveChat & Support Ticket. Phone calls will also be followed up via Support Ticket.

Support Ticket SLA for technical emergencies: 20 minutes

Support Ticket SLA for technical questions: 60 minutes

Support Ticket SLA for general questions: 12 hours

Support Ticket SLA for sales questions: 2 hour

RackNation will not share or distribute clients personal or company information to any third parties unless there is a formal legal proceeding in a costa rican court of law that requires RackNation to cooperate with an ongoing legal process or criminal investigation.

Abuse, Violations & Strictly Prohibited Abuse and violations of system or network security are prohibited, and may result in suspension or cancellation of clients services. Examples of system or network abuse or security violations include, without limitation, the following:

-Hacking. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

-Botnets are not allowed

-Hacking boards are not allowed

-Peer to peer seedings for the transmission of illegal software are not allowed

-Unauthorized Port probings of remote networks are not allowed

-Phishing websites are not allowed

-Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

-Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

-Fraud. The use of RackNation resources to sustain operations of fraudulent nature like illegal sweepstakes or illegal money transfers.

-Virus Distribution. The use of RackNation datacenter as a means to propagate or distribute virus packages is strictly forbidden.

-Terrorism Activities. The use of RackNation services to promote terrorist activities which including and not limiting to forums for terrorists, personal websites for terrorists, audio, photo and videos of terrorist activities.

-Spam (UNSOLICITED EMAIL). Customer shall not transmit or disseminate unsolicited commercial e-mail (UCE), or unsolicited bulk messages (Spam), including advertisements, informational distributions, and charitable or other solicitations.

-Under Legal age nudity . Customer is responsible for any misuse of account, even if the inappropriate activity was committed by a friend, family member, guest or employee.

-Intellectual Property Violations. Disseminating or transmitting files, graphics, software or other material, data or information that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person or organzation. -Adult Websites: We do allow the use of RackNation services for adult themed websites not considered as hard core pornographic sites or pornographic rings.

RackNation reserves the right to disable or terminate any service or content that is considered to violate any of the points mentioned above, although we will try to inform the client of the decision; we do reseve the right to terminate the contract prior to us receiving a response form the client.

In case of third party complains from material or services propagated by a client using RackNation infrastructure, we will consider one or more of the following actions depending on the nature and severity of the complain. If the complain is based on a legal proceeding, RackNation will inform the client of the situation but will still follow the proper protocol depending on the nature and legality of the process. We are bound to Costa Rican laws and as so will react to legal proceedings routed through a costa rican court of law.

-Issue written or verbal warnings

-Disable access to a client’s content which violates AUP

-Remove content which violates AUP

-Block mail or any other network service

-Null-route client’s IP address

-Suspend the client’s account

-Terminate the clients’s account

-Bill the client for administrative costs and/or reactivation charges

-Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations

The client agrees to indemnify and hold harmless RackNation from any claims resulting from the use of the service, which damages the subscriber or any other parties.

RackNation reserves the right to change this AUP at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this AUP periodically and to be aware of any modifications.


Communicating With the Abuse Department

All communications with the Abuse department are done through email and our ticketing system via [email protected]

What to Include in Complaints

All complaints sent to the abuse department must include an IP address, a valid reply-to email address, log entries and/or the complete headers and message body for SPAM email complaints, or any evidence of AUP violation. Log entries, message headers, and evidence must include timestamps less than 48 hours old. We reserve the right to reject any abuse complaints not containing this information.

How Complaints are Handled

All abuse complaints are handled within 24 hours by our abuse team. Complaints are individually analyzed for validity and then matched up with the account responsible for that IP address in the complaint. If the complaint is invalid due to a lack of information, it could be rejected. We make a best effort to determine the cause of complaints before forwarding them to our clients. Complaints are handled in order of severity and need for immediate resolution.

Reporting Network Abuse

Any party seeking to report violations please email [email protected]

Information About Abuse Situations

Abuse policies are set in place to ensure legal, ethical and operational integrity of our network and infrastructure, RackNation does not permit activities of any nature that could compromise the level of service we have offered to our current or new clients.

Licensing and Software Products

As a big percentage of our business and clientele are under the unmanaged services group, RackNation S.A. will not be held responsible or liable for unlicensed software or illegal software installed by the clients on the servers they lease from us. This applies to all business models: colocation, cloud servers and dedicated servers. As a Microsoft SPLA Partner RackNation S.A will resell licensing not limited to the following titles: Windows Server, SQL Server, RDC Licensing, Exchange Server; however in such cases RackNation S.A will perform the installation of the software package or the same will be installed by our Cloud orchestration platform in the case of Cloud Servers, any further installations under the domain and control of the final enduser or client, will not be our responsibility. At the same time we will cooperate with our Software Vendors in the case they pursue an audit or similar to assure the proper usage of software licensing in general.

Refunds Policy

Racknation S.A. will not perform refunds from any of our services unless the refund option was explicitly defined on a promotion or offer. Refunds will not apply in case of early retirement of a service.

In case of violation of service level agreement our SLA policies will apply which in certain scenarios will result in a partial refund.

Customers billing responsibility

Racknation S.A. will send billing notices based on your service plan—monthly, quarterly, semi-annually, or annually. It is the client's responsibility to monitor and fulfill their billing obligations, as well as to track their billing periods through our client area. The client area offers a comprehensive history of all past and current billing notices, including any overdue services.

Clients can process payments using our control panel, which accepts PayPal, credit card, cryptocurrency, or bank transfer. Please note that it is the client's responsibility to ensure timely payments. Many of our services feature automated billing notices, suspensions, and terminations. Clients must maintain their services in good standing, or Racknation's automated system will implement scheduled suspensions or terminations as necessary.

Limitation of Liability

To the fullest extent permitted by law, we will not be liable to you for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, goodwill, or any other intangible losses arising from your access to or use of, or your inability to access or use, the Websites and Services, or any materials or content on these platforms. This applies regardless of whether the claim is based on warranty, contract, tort (including negligence), statute, or any other legal theory, and regardless of whether we have been informed of the possibility of such damages. Additionally, to the fullest extent permitted by law, you agree that we will not be liable for any data that may be destroyed, lost, or rendered inaccessible due to your failure to back up your data or any other reason.

Our liability for any claims arising from this Terms of Service, whether in contract or otherwise, is limited to the amount you paid to us for the Services in the month prior to the event or circumstance giving rise to the claim.

Each provision in this Terms of Service that limits liability, disclaims warranties, or excludes damages is intended to allocate risks between the parties. This allocation is a fundamental aspect of the agreement between you and us. Each provision is severable and independent of all other provisions in this Terms of Service. The limitations outlined in this section will apply even if any limited remedy fails to fulfill its essential purpose.

Indemnification

To the fullest extent permitted by law, you are responsible for your use of services provided by Racknation Infrastructure. You agree to defend, indemnify, and hold harmless us, along with our employees, officers, directors, agents, contractors, and representatives, from any liabilities, claims, and expenses, including reasonable attorneys' fees and costs, that arise from or relate to the following:

  1. Your Services Content and User Content.

  2. Your End Users.

  3. Your access to or use of the Websites and Services.

  4. Any breach of this Terms of Service or applicable law.

  5. Willful misconduct or negligence on your part.

  6. Any illegal activity.

  7. Breaches of security or data.

  8. Unauthorized access to or use of your Account.

  9. Infringement of third-party rights, including intellectual property, confidentiality, property, or privacy rights.

We reserve the right to assume exclusive defense and control of any issue that is subject to indemnification by you. This is without limiting your indemnification responsibilities regarding that issue. In such cases, you will make best efforts to assist and cooperate with us in defending that matter at your own expense.

Termination

We prefer to provide advance notice before terminating access, but we can terminate your access to the Websites and/or Services at any time and for any reason, with or without notice, effective immediately. This may lead to the immediate loss and destruction of your Account data.

Except as stated otherwise, all fees paid to us are non-refundable, and any outstanding fees at the time of termination must be paid immediately. Upon termination, all rights granted to you by this Terms of Service will end, and you must stop using the Websites and/or Services. Any provisions that should reasonably survive termination will continue to be in effect.

Racknation S.A. reserves the right to terminate any service if the client has not provided proof of payment for bank deposits or if we have not received a deposit through automated payment methods such as PayPal, credit cards, or cryptocurrency.

We strive to avoid service disruptions and will communicate with clients regarding potential suspensions whenever possible. However, it is the client's responsibility to ensure that all invoices are paid and up-to-date to prevent any interruptions in service. Timely payments are crucial for maintaining uninterrupted access to our services.

Miscellaneous Provisions

(m1) Racknation S.A. reserves the right to update, change, or modify this Terms of Service at any time, at its sole discretion. If Racknation S.A. updates this Terms of Service, it may notify you of the changes by sending an email to the address associated with your account and/or by updating the "Last Updated" date at the end of this document. The updates will take effect on the date specified in the notification.

By continuing to access or use the Websites or Services after the specified date, you agree to accept and be bound by the updated Terms of Service and all incorporated terms. If you do not agree with the updated Terms of Service, you will not be able to continue using the Websites or Services. Your only option in that case is to deactivate your account and discontinue use of the Websites and/or Services.

(m2) By using the Websites and/or Services, you consent to receive electronic communications from Racknation S.A., as detailed in our Privacy Policy. Please review our Privacy Policy for more information about how we handle electronic communications. You agree that any notices, agreements, disclosures, or other communications we send you electronically will meet any legal requirements for written communication.

Governing Laws

This Terms of Service and any related disputes are governed by the laws of the Republic of Costa Rica, without regard to its conflict of law principles. You and Racknation S.A. agree to submit to the personal and exclusive jurisdiction of the courts located in Costa Rica for the resolution of any lawsuits or court proceedings allowed under this Terms of Service.

Last update January 2025