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This agreement documents the terms of service for accounts provided by eRacks Hosting to the account holder.

1. The account holder is responsible to know, understand, and abide by these terms of service. The account holder is fully responsible for the actions of all parties which are acting under its account.

2. Any use which interferes with the server’s or network’s ability to function in its primary purpose of publishing / serving web documents and/or other data is prohibited.

3. Mail abuse (including, but not limited to, mass mailing unsolicited email and email forgery) and usenet news abuse (including, but not limited to, mass crossposting articles and posting unrelated to group topics), whether direct or indirect, whether used externally to promote a site at eRacks Hosting or sent via eRacks Hosting, is prohibited.

4. Use of eRacks Hosting’s facilities to provide software or lists for mass mailing and/or unsolicited email is prohibited.

5. Use of eRacks Hosting’s facilities to commit network abuse (including, but not limited to, denial of service attacks such as ping bombing, email bombing, “smurf”, “winnuke”, “land”, “teardrop”, etc.) or otherwise compromise the security of hosts or networks is prohibited.

6. All data stored or transmitted must be legal under all applicable US laws. The account holder is solely responsible for determining the legality of their data which is stored or transmitted.

7. Should the account holder become the target of a network attack, eRacks Hosting reserves the right to take any necessary actions (including, but not limited to, temporary suspension of the account holder’s account) required to return server or network operation to normal.

8. eRacks Hosting will use its best efforts to maintain, but does not guarantee, the privacy of email, network use, and the contents of user directories.

9. Use of eRacks Hosting services, including the storage of information, is at the account holder’s sole risk. eRacks Hosting does not warrant either the results to be obtained from the service or that the service will be uninterrupted or error free. eRacks Hosting’s services are provided on an “as is” basis without warranties of any kind, either express or implied. Neither eRacks Hosting nor anyone else involved in creating, producing, or delivering eRacks Hosting services shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of eRacks Hosting, the inability to use eRacks Hosting, or any breach of any warranty. The provisions of this paragraph will survive termination of this agreement.

10. The account holder will indemnify and hold harmless eRacks Hosting against any loss, damage, cost and expense which eRacks Hosting may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, trademark or trade name infringement, domain name disputes, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder’s use of the service including, without limitation, the expense and cost of defending any and all such claims and actions, except where such claims result solely from the negligence of eRacks Hosting’s failure to perform its obligations under this agreement. The provisions of this paragraph shall survive termination of this agreement.

11. If eRacks Hosting is informed of illegal content or alleged copyright or trademark infringement involving an account, eRacks Hosting will attempt to notify the account holder of those allegations and secure a response. eRacks Hosting may, in its sole discretion, remove or terminate the account containing, on a temporary or permanent basis, materials which eRacks Hosting believes are illegal or may create, constitute, or contribute to copyright or trademark infringements. Account holder expressly waives the right to assert any claims against eRacks Hosting for any such removal or termination. To inform eRacks Hosting of a possible infringement please send notice via US mail to:

Possible Infringement
28301 Industrial Blvd
Hayward, CA 94545

12. Accounts are paid monthly. Payment is due 5 days prior to the monthly anniversary of your service commencement date, and are considered overdue and terminateable as of the anniversary date. Overdue accounts may be terminated or suspended at eRacks Hosting’s discretion. eRacks Hosting reserves the right to issue special invoices when the balance due will be more than $50 over the base monthly service fee.

13. eRacks Hosting may terminate service to the subscriber at any time, without notice, for violation of this agreement. eRacks Hosting will not be liable for any damages or harm to the account holder resulting from such termination.

14. The account holder may terminate their account at any time. 30 days cancellation is required on all services. The request to terminate the account must be in writing. The account holder may send cancellation request via US mail, fax, or email to accounts@erackshosting.com. Although you may cancel via email, sending email does not guarantee that eRacks Hosting will receive it, and does not constitute written notice if eRacks Hosting does not see the email.

15. Use of a eRacks Hosting account indicates acceptance of the terms of this agreement by the account holder.

16. This agreement shall be governed by and construed in accordance with the laws of California. This agreement contains the full understanding of the parties with respect to the subject matter hereof. Any email correspondence with the account holder which is in any way inconsistent with, or which adds to, the provisions of this agreement is null and void.

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