TOS Policy and AUP Policy
The TOS and AUP is subject to change without notice.
TOS (Terms of Service). AUP (Acceptable Use Policy).

1. Spam in any shape or form is not allowed on our servers. This includes, but is not limited to: Unsolicited E-mail and Unsolicited bulk e-mail. If you are found spamming in any way, shape or form, you will be fined $100 for each instance.

2. Content – No pornographic or copyrighted material is allowed on our servers. This also includes but is not limited to: hacks, cracks, warez, serials, software piracy, pornography, child pornography, or any other similar illegal activities and files. This also includes linking to any such content listed above. The only exception is if a prior arrangement is made with Rack Masters in which only legal content may be hosted. Any violation of this is subject to Immediate Account Suspension and or Termination and in some cases Legal Action.

3. Payments must be made on the date you signed up on of each month. Example: If you signed up on January 19, 2004, your billing date would be the 19th of each month.

If you do not pay your balance, your account will be suspended and a late fee of $10 will be charged to your account for every 7 days late. Late fee must be paid before account is unsuspended. Example: If your 14 days late on your payment, you must pay $20 in late fees.

4. Refunds are only issued on a case to case basis.

5. Rack Masters does not guarantee a specific uptime. If your service is down for a long period of time, we may issue a partial refund for the downtime at our sole discretion.

6. If you wish to cancel your account, you must give us at least 7 days notice before your billing date or you will be required to pay your regular fee for the next month. For Dedicated Servers and Virtual Dedicated Servers you must provide us with at least 30 days notice before your billing date. Accounts are not considered cancelled until you receive a confirmation e-mail from our Billin Department.

7. Rack Masters reserves the right to refuse service to anyone at anytime for any reason.

8. All accounts with a balance must be paid. If you do not pay your balance, Legal Action will be taken against the account holder under the fullest extent of the Law. We may also contact a collection agency and they will be given your contact and account details. You will have to pay the collection agencies fees, on top of your account balance, including any late fees.

9. Overage - All accounts, excluding Dedicated Servers are limited to the amount of bandwidth you purchased. If you have a Dedicated Server or hosting account and you go over on your bandwidth, you are subject to bandwidth overage fees. These fees vary from account to account. If you have a Web Hosting or Reseller account, but have it setup where if you exceed your bandwidth and we allotocate you more than you purchased, you must pay for the amount of overage occurred at the rate of $1/GB.

10. Any attempt(s) to bring down Rack Masters Server(s) or inflict harm to them will result in a fine of no less than $100, and your account terminated immediately if you have one with Rack Masters. This fine is determined by how long the server is down for, the amount of damage and or data loss that occurred and how much it cost to repair.

11. If you are a reseller or have a WHM (Web Host Manager) account, you are responsible for making sure all your customer(s) or account holder(s) follow this TOS and AUP. If one of your customer(s) or account holder(s) infringes on this TOS/AUP, you, the WHM or reseller account holder will be held liable.

12. Rack Masters is not responsible for the data housed on our servers. If a data loss occurs, you cannot hold Rack Masters, it's owners or affiliates responsible. You, the account holder are responsible for keeping recent back-up's of your files, e-mails, and any other content stored on our servers.

13. There are no refunds on Dedicated Servers and Virtual Dedicated Servers/Virtual Private Servers. Only at our discretion may we issue a refund.

14. The use of Rack Masters services to commit fraudulent activity is strictly Prohibited and is subject to Immediate Account Suspension or Termination without notice. In some cases Legal Action may be taken and warrant the contact of proper authorities.

15. Use of Rack Masters Services to to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes on any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is strictly prohibited and will result in account suspension or termination. Legal action may be taken against the customer and or warrant proper authorities contact.

16. IRC chat in any shape or form is not allowed on any of our services. If you are found using IRC based chats or anything similar on your account, your account will be suspended without notice and in some cases Terminated without notice.

17. Rack Masters has the right to give customer information, including account information, contact information, or any other similar information to any Law Enforcement or Government agency upon their reasonable request.

18. Rack Masters reserves the right to conduct periodic account audits. Account audit may include reviewing customer files for violation of this TOS/AUP. If you house sensitive information such as credit card numbers or other similar data on your account, please inform us at signup so we may contact you before an account audit. If you house such sensitive information on our server, it is your responsibility to make sure no changes have been made on the information after an account audit. Account audits are usually only conducted when probable cause arises.

19. Service Rates are subject to change without notice. If you wish to cancel your account for any reason due to a service rate change, you must give us a 7 day prior notice to your billing date or you will have to keep your account until a 7 day notice given in accordance with TOS/AUP Item #6. A 30 day notice is required for Dedicated Servers and Virtual Dedicated Servers in accordance with Item #6.

20. Rack Masters, its Owners, and affiliates are not responsible in anyway for content hosted on our servers. The account holdr is legally liable for all content hosted on our servers. If a customer is found hosting illegal content, or anything else of that nature, their account(s) will be suspended or terminated immediately. If you have found one of our account holders hosting content which is in violation of this TOS/AUP, or any applicable U.S. Laws, please contact JB@2MyInbox.net or use our Contact Us page. Please include complete details, and your contact information. We will investigate it to the fullest extent, and contact you if more information is required.

21. If any Legal Action is taken against Rack Masters, its owners, or affiliates, it must take place in their jurisdiction. Rack Masters and its owner's primary jurisdiction is Birmingham, Alabama, United States located in Jefferson County.

22. Any credit card payment that is declined by our Merchant is subject to a $1 declination fee.

23. Rack Masters, its owners, or affiliates are not responsible for cash, checks, or money orders sent to us via mail. If your cash, check, or money order is lost or stolen in the mail, you should contact the postal service in which it was sent by.

24. Rack Masters, its employees, of affiliates are not responsible for any typographical errors.

25. Your IP address is logged and recorded for security purposes when submitting any information to us. All information you provide to us will be kept private, and will never be sold, traded, or rented out to any other company or organization. The only time your information will be released is if any government organization (This includes, but is not limited to: FBI and Local Law Enforcement Agencies) requests customer information or data.

26. Anything else Rack Masters may deem unlawful or wrong within reason.

27. Rack Masters may change this TOS/AUP at anytime, without notification. By agreeing to our TOS/AUP, you agree that you will abide by the current TOS/AUP that is in place at the time that any infringement of this TOS/AUP takes place.

You, the customer, are responsible for following this TOS and AUP. If you infringe on it, you will be held responsible, and your account will be suspended or terminated in accordance to this TOS and AUP. In some cases, Legal Action may be taken against you for infringements on this TOS and AUP. Proper Authorities and Rack Masters have the right to access your files stored on our servers if suspicion arises of infringement of this TOS and AUP, or if they suspect illegal activity. Any sort of TOS/AUP violation may result in Legal Action under the fullest extent of the law against the account holder, or warrant police or proper authorities contact. We have the right to terminate or suspend your account at anytime for any reason without notice.

This TOS and AUP is a Legal Binding Agreement. A breach of this Agreement is subject to Legal Action under the fullest extent of the Law.

IMPORTANT NOTICE: This TOS/AUP was created by Rack Masters. Under no circumstances may anyone copy it, or re brand it in anyway. The only exception is to current customers who use it make sure there customers or account holders follow this TOS and AUP. Any website found copying this TOS and AUP will be given notice to remove it, and if they do not, we will contact the Data Center in which the server is located at for copyright infringement.