Terms of Service
Here are some rules for everybody to ensure high quality service

Terms of Service:

Please review our Terms of Service (“ToS”) before obtaining services. By obtaining our services, you are agreeing to abide by the expectations outlined here.

If you have any questions about our Terms of Service, or if you’d like to clarify whether or not your particular desired use is allowed on our services, please contact us before signing up! Thank you!

About us:

RackNerd LLC is a registered company in the state of Delaware.

Our office and mailing address is:

RackNerd LLC
10602 N. Trademark Pkwy Suite 511
Rancho Cucamonga, CA, USA 91730

About you:

By signing up for our services, you agree that you are at least 18 years old and that you have the legal capacity to enter into an agreement.

Updates to our Terms of Service: 

By obtaining our services you acknowledge and accept that periodically we may determine it is necessary to make updates to our Terms of Service. These changes are typically to further expand or clarify inclusions and exclusions of our services for your benefit. 

  1. Delivery of Services:

Immediate Delivery - The following services are provisioned and delivered as soon as your order and payment is received:

In the event you placed an order for an above service and you have not received your service details within 30 minutes, please check the spam folder of the email address you provided and then contact us for help.

Standard Delivery - The following services are provisioned and delivered as soon as possible once your order and payment has been received. They can however take up to 72 hours to provision, due to specific considerations of your order: 

In the event you placed an order for an above service and you have not received your service details within 72 hours, please check the spam folder of the email address you provided and then contact us for help.

Colocation Delivery - Colocation services are added upon your account as soon as your order and payment is received. With the great deal of variability of colocation services, we will contact you and coordinate the post-sale aspects of your order. Any time-frames or considerations that are necessary to convey will be provided to you at this time. 

In the event you placed an order for a colocation-based service and you have not been contacted within 24 hours, please check the spam folder of the email address you provided and then contact us for help.  

  1. Prohibited Activities (Not Allowed):

Our services are highly flexible in terms of how they can be utilized, here is a non-exhaustive list of prohibited activities.

As mentioned above, if you have any questions about our Terms of Service, or if you’d like to clarify whether or not your particular desired use is allowed on our services, please contact us. By contacting us, your privacy is ensured; our sole intent is to communicate expectations for your benefit.

Clients who utilize services in a prohibited manner may be subject to any of (or a combination of) the following:

VPS customers are expected to monitor their usage and utilize our services in a manner that is considered fair share and not abusive to the Disk I/O or CPU. If you require dedicated resources and want to max it out, we would recommend getting your own dedicated server (feel free to contact our sales team for a discounted quote).

Anything related to cryptocurrency mining, email spamming, bruteforce attacks, outbound DDoS, CPU mining, Runescape, Traffic Exchange are not allowed on our platform.

  1. Payments:

Chargebacks / Disputed Payments -  Chargebacks or payments that are disputed by the financial institution that was utilized in order to issue us payment will be reviewed on a case-by-case basis. While some disputes are unintentional or caused by miscommunication, disputes that are received for clients who receive punitive action for utilizing services in a prohibited manner will receive an Administrative Fee no less than $125 and not to exceed $250 to account for our administrative staff time.

Fraudulent Payments - Services that are acquired by means of fraudulent payments will be immediately suspended or terminated. Notification will be provided along with description as to the nature of whether the service is suspended or terminated. Similar to cancelled services, the data on terminated services are deleted immediately.

Refunds - Refunds are issued on a case-by-case basis since by default no refunds are provided once payment is received. Many or our services incur actual costs to provision, therefore, this is why refunds are not automatically available or granted. Please do contact us if you have any questions. Our intent is to work with each and every one of our clients in a fair manner. Upon request, we will do our very best to accommodate your request and let you know what is possible (and why). Prepayments such as account credit are ineligible to be refunded.

 

  1. Suspensions:

Suspension for Non-Payment - services interrupted for non-payment may be subject to a 10% late fee after 3 days or the maximum amount allowed by law (whichever is less). Data stored on a client’s services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of RackNerd.com. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days past due, unless otherwise specified or agreed upon.

RackNerd.com is not responsible for data integrity, regardless of circumstance. RackNerd.com strongly recommends keeping up to date and off network backups to protect against data loss.

It is our intent to not want to suspend or terminate a client’s services for non-payment, we undergo efforts to give clients both adequate time and correspondence in order to avoid this scenario.

Communication is key. In the event that your account is either past-due, or you may think that your account might go past-due, please communicate the circumstances to us so that we can discuss and explore options that will allow you to retain your services.

Suspension for Utilizing Services in a Prohibited Manner - services that are utilized in a prohibited manner may be suspended depending on the nature of the circumstances. Services that are suspended will be communicated to you at the time they are suspended, along with a description as to why.

Some offenses are possible to remedy and upon client remedy, services can be restored. Other, more serious (or recurring offenses that are blatantly due to a lack of regard for our policies) may result in permanent suspension and service cancellation. In the event of permanent suspension and cancellation, services would be terminated for a violation of our terms of service and would not be eligible for any sort of refund (such offenses require administrative staff time to resolve issues with external parties).

Please contact us if you have any questions about this policy so we can establish clear expectations.

  1. Cancellation and Service-Downgrade Policy:

Cancellations - We require five (5) day written notice of cancellation prior to your service’s renewal date that must be submitted through our client area. Very important to note, please be sure to back up any of your data prior to the cancellation date since upon cancellation the data upon the server is immediately removed for your protection. Please let us know if you have any questions about this. 

Cancellations (For Contract Services) - For any services that are in contract, we require seven (7) day written notice of cancellation prior to your service’s renewal date that must be submitted through our client area. Very important to note, please be sure to back up any of your data prior to the cancellation date since upon cancellation the data upon the server is immediately removed for your protection. Additionally please note, that such cancellations are reviewed on a case-by-case basis and that an early termination fee is determined which accounts tailored to the specific details of the service that is being pre-maturely canceled before the contract terms have been satisfied. Please let us know if you have any questions about this. 

Service Downgrades - in the event you are interested in downgrading a service, we require a five (5) day written notice prior to the service’s renewal date that must be submitted via our ticketing system. Please let us know if you have any questions about this.

  1. Support Limitations:

Overview - Clients are provided best-effort hardware and network support on obtained services. Best-effort technical support is available 24 hours a day, 7 days a week, 365 days a year at no charge. Server management plans are available upon request for an additional fee, for customers who require software or OS level support.

OS Reloads on VPS and Hybrid Services - clients with VPS and Hybrid Dedicated Servers are provided a simple to use client interface that allows them to initiate OS reloads in a self-service manner. This feature and capability is provided at no-charge. Please let us know if you have any questions on how to utilize this functionality.

OS Reloads on Dedicated Servers - clients with dedicated servers will be given one complimentary OS reload each billing cycle (which generally means one free OS installation each 30 days). Additional requested OS reloads during a billing cycle will be provided at a cost of $25. Please let us know if you have any questions.

Software Support (Excluded) - we do not provide software support. Clients who have obtained management plans are provided a detailed scope of what will be provided (and excluded) from their specific management plan. Please do let us know if you have any questions about this.

Support to Client End-Users (Excluded) - we do not provide support to end users of our clients. If such services are needed, please contact us so we can provide you with your options and guidance.

  1. Disclaimers of Liability and Indemnification:

Our services are provided “AS-IS”. To the extent that is permitted by law: no written, expressed, or implied warranties (or guarantees) are made. We do not guarantee that the use of our services will meet your requirements or expectations. We do not guarantee that you will be able to access services at any given time or from any given location. Use our services at your own-risk.

Please be aware that your sole remedy for any dispute with us is the cancellation of your account. By using our services, you agree that we, our suppliers, affiliates, and agents will not be accountable for any monetary amount or claim that exceeds the total amount of fees that you have paid during the use of our services.

You agree to defend, indemnify and hold harmless our employees, officers, directors, agents, suppliers, from all liabilities, claims, expenses (including attorney fees) which arise from any claims including: loss of profits, data loss, work stoppage, hardware failure or malfunction, service interruption, any other commercial damages or losses, or your use or misuse of services.

Client consents that any legal action, or proceeding shall be through Arbitration according to the laws of the State of California. Jurisdiction and venue will be San Bernardino County, California.

As some states or jurisdictions allow for the exclusion or limitation of incidental damages, in such states and situations, our liability and the liability of our employees, officers, directors, agents, and suppliers, will be limited to the fullest extent permitted by law.

  1. Transfer Policy:

RackNerd charges a $8.00 USD one-time administrative fee per any service you wish to be transferred to another client account.

Please note that RackNerd staff reserve the right to decline any transfer request.


  1. Clientexec Licensing:
  2. Clientexec is a CRM (customer relationship management) software architected for web hosts, designed to automate and streamline a myriad of critical operations. RackNerd has established a partnership with Clientexec that allows us to offer Clientexec licenses to active RackNerd customers at no charge, upon request. RackNerd customers who are resellers, value added integrators, web designers - to name a few, can benefit from receiving a free, optional Clientexec license from RackNerd. Limit one free Clientexec license per active RackNerd customer.

    Clientexec licenses issued by RackNerd are intended for use within the RackNerd network only (“internal licensing”). If the license is found to be utilized outside of our network, the license will be revoked without notice. Additionally, if a RackNerd customer were to become inactive in the future by means of cancellation or termination of a hosting service, the Clientexec license will be subsequently terminated as well.

    Please be aware that Clientexec is considered a third party software and RackNerd LLC is not responsible for any damages, bugs, or flaws within their system. Additionally, the installation, configuration, updates, and support of Clientexec are considered third-party and does not fall within the scope of support/responsibility provided by RackNerd. While we do not foresee ever having to revoke licenses - because of the fact that Clientexec is a third party, and is not owned/controlled by RackNerd, we reserve the right to revoke free licenses at any time with reasonable advance notice to customers (minimum 30 days notice). Please open a support ticket if you have any questions about this.

    Last Revised October 13, 2021