RackShare
  1. INTRODUCTION
    The purpose of Rackshare's Acceptable Use Policy (AUP) is to ensure a quality Internet experience for our customers as well as Internet users who visit our customers' sites by preventing unacceptable use. All Rackshare customers must comply with this AUP. Although we do not exercise editorial control over any web site, electronic transmissions including but not limited to email, or any other material created or accessible through our services, we reserve the right to remove any material that, in our sole discretion, is illegal, subjects Rackshare to liability or violates this AUP. Rackshare may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in suspension and/or cancellation of the customers account. Rackshare will not be liable for any losses or damages caused by any such cancellation or suspension, though Rackshare reserves the right to claim damages resulting from a breach of the AUP by the user. Rackshare reserves the right to change and modify this AUP at anytime. Continued use of Rackshare services constitutes agreement. This AUP is available at http://www.rackshare.com/aup/ .

    This document was last modified on 12/13/2000.

  2. WARRANTIES / DISCLAIMERS
    Rackshare offers no warranties or guarantees of any kind on our services. Rackshare will not be liable to any customer for any harm that may occur through their use of our services.
  3. SECURITY
    Although confidential information will be kept as secure as possible, and Rackshare will not divulge personal information to third parties without prior consent, the customer has no enforceable right to total privacy from a technological standpoint. Also, the customer is responsibility for the security of their own password and login information. Rackshare suggests that passwords be changed frequently.
  4. PERSONAL FILES
    Rackshare is not responsible for backups of customers' web files, email or other information. Rackshare reserves the right to delete a customers information after they are no longer a customer of Rackshare.
  5. NETWORK ADDRESS OWNERSHIP
    Any IP addresses assigned to customers are considered loaned and not given. They will revert back to Rackshare after the customer leaves.
  6. CANCELLATION
    Rackshare reserves the right to discontinue service to any customer for any reason including, but not limited to violation of this AUP, excess utilization of system or network resources, and denial of service attacks. Cancellation, whether initiated by Rackshare or the customer, will be immediate. Billing for the current period will be enforced, although the customer will not be charged for any additional time.
  7. VIOLATIONS OF RACKSHARE'S AUP
    1. Illegal use. -- Using Rackshare services to transmit any material (by email, uploading, making available through a web site, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law is prohibited. Customers will hold Rackshare harmless in any claim against them.
    2. Harm to minors. -- Using Rackshare services to harm minors in any way is prohibited.
    3. Threats. -- Using Rackshare services to transmit any material, in any manner, including, but not limited to uploading, emailing, and making available through a web site, that threatens or encourages bodily harm or destruction of property is prohibited.
    4. Harassment. -- Using Rackshare services to transmit any material, in any manner, including, but not limited to uploading, emailing, and posting that harasses another is prohibited.
    5. Fraudulent activity. -- Using Rackshare services to making fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as pyramid schemes and ponzi schemes is prohibited.
    6. Forgery or impersonation. -- Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Impersonating any person by using forged headers or other identifying information is prohibited.
    7. Unsolicited email. -- Using Rackshare services to transmit any unsolicited commercial email or unsolicited bulk email is prohibited. Transmission of unsolicited commercial email or unsolicited bulk email which appears to be sent from a site or service hosted by Rackshare is prohibited. Transmission of unsolicited commercial email or unsolicited bulk email which promotes or advertises a site or service hosted by Rackshare is prohibited.
    8. Unauthorized access. -- Using Rackshare services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Rackshare's or another entity's computer software or hardware, electronic communications system, or telecommunications system, regardless of whether or not the intrusion results in the corruption or loss of data is prohibited.
    9. Copyright or trademark infringement. -- Using Rackshare services to transmit any material that infringes 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 prohibited.
    10. Collection of personal data. -- Using Rackshare services to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited.
  8. REPORTING VIOLATIONS OF RACKSHARE'S AUP
    If you believe that there is a violation of this AUP please contact us at abuse@rackshare.com .
  9. REVISIONS TO THIS ACCEPTABLE USE POLICY
    Rackshare reserves the right to revise, amend, or modify this AUP at any time. Notice of any revision, amendment, or modification will be posted at http://www.rackshare.com/aup/ . Customers who do not accept this policy may cancel at any time. See cancellation policy above for details.