TERMS OF SERVICE & PRIVACY POLICY

If you make use of any of RackNation backup services please refer to our BACKUP SERVICES TERMS AND CONDITIONS

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.

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.

Reporting Network Abuse

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