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RAKsmart Terms of Service

By using the services from raksmart.com (hereinafter the "Services," defined further below), you signify your agreement to the terms and conditions contained in this Term Of Services Agreement (hereinafter, the "Agreement") and that you consent to resolve in Santa Clara County, California (USA) any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services “AS IS” and without warranties.

This Agreement is between you, your organization (if you are entering into this Agreement on behalf of an organization), collectively referred to herein as “user” "you" or "your" (and appropriate formatives) and raksmart.com ("RAKsmart", "we", “us” and “our”).

We value the privacy of our Customers, and we strive to use commercially acceptable means to protect it. Please review Privacy Policy for further details.

Reports of activity in violation of this Agreement may be sent via email to [email protected]

1.1 General Terms

RAKsmart agrees to furnish your services subject to your complete compliance with our Terms of Service (TOS) and Acceptable User Policy (AUP). RAKsmart reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at our sole discretion.

1.2 Payment Policy

You acknowledge that RAKsmart provides service through subscription. All payments are due on the renewal date for the service in the following billing cycle.

Service that is 1 day past due will be suspended and subject to an administrative fee of 10% of invoice. Failure to pay will result in suspension or termination of User’s account. Accounts that are not collectible by RAKsmart may be turned over to an outside collection agency for collection, and the User agrees to pay for all collection, legal and attorney costs.

1.3 Additional Administrative Fees

Users that have their assigned RAKsmart IP addresses placed on SPAM blacklists, or that cause other IP addresses within RAKsmart network to become blacklisted, may be assessed a $30-50 per blacklisted IP.

If the customer purchased RAKsmart Services with the intention to conduct SPAM activity, RAKsmart will charge a $50 minimum administrative fee to cover our administrative cost. Users are expected to take all necessary action to resolve the abuse complaint within 24 hours of notification. Failure to fix any violations within 48 hours will result in immediate loss of usage of those IP addresses. Users that are subjected to more than one IP null-route in any given month may be assessed an administrative fee of $50 per null-route.

Users are allowed to request up to one free reinstallation per calendar month of the operating system RAKsmart originally delivered with the server. If Users request more than one reinstallation per calendar month or requests a change of the installed Operating system, then these may be charged at $25 per installation.

RAKsmart reserves the right to terminate the account without notice and without any refunds if in the judgment of the RAKsmart administrators the user's server is the source of the violation of any terms specified in this policy. Users will be held responsible for any damages to RAKsmart, including but not limited to, RAKsmart's system, servers, connectivity, reputation, business, service, network, operations, or equipment.

1.4 Support Boundaries

RAKsmart provides support related to your physical or virtual servers up to the Operating Systems level only. RAKsmart does not touch or offer tech support for anything above Operating Systems level (e.g. application or data on your server).

1.5 Consent to Monitoring

RAKsmart is under no obligation to monitor the material residing on or transmitting to or through its services. The Users are solely responsible for determining the legality of their applications and content.

However, anyone using this service agrees that RAKsmart may monitor the content periodically to comply with valid law enforcement requests. Anyone using our services expressly consents to such monitoring.

1.6 Unsolicited Email and Spam

Users may not send unsolicited email messages, including, without limitation, bulk commercial advertising or informational announcements ("Spam"). In addition, Users may not use RAKsmart's Services in order to (a) send email messages which are excessive and/ or intended to harass or annoy others, (b) continue to send email messages to a recipient that has indicated that he/she does not wish to receive them, (c) send email with forged TCP/IP packet header information, (d) send malicious email, including, without limitation, "mailbombing", (e) send or receive email messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data. Violation of any of RAKsmart’s SPAM policy may result in a fee of at least $20 per instance and/or suspension or termination of your account.

1.7 System and Network Security

Users are prohibited from hacking or attempting to hack the security of RAKsmart's Network and Services, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled. Hacking of system or network security may result in civil or criminal liability. RAKsmart will investigate occurrences of such violations and may involve, and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations. VPN services are also prohibited on Services from RAKsmart.

1.8 Suspension/Termination of Service

RAKsmart reserves the right to suspend network access to any User that violates any of the terms specified in this policy. If any violation is detected, RAKsmart reserves the right to terminate the account without notice and without any refunds. The user will be held responsible for any damages to RAKsmart, including but not limited to, RAKsmart's system, servers, connectivity, reputation, business, service, network, operations, or equipment. The policy violator may be charged a $500 clean up fee. In extreme cases, law enforcement will be contacted regarding such violations.

1.9 Disclaimer of Warranties

RAKsmart makes no warranty of our services either expressed or implied. It is the user's responsibility to have backups of their data at all times. RAKsmart has the right to restrict access to any services, possibly causing you to not have access to your data and services. You understand that RAKsmart is not required to allow access to any service on our network. RAKsmart cannot be held responsible for lost, corrupt, or restricted data for any reason.

1.10 Indemnification

User agrees to indemnify and hold harmless RAKsmart, RAKsmart’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of RAKsmart’s Services.

1.11 Copyright and Trademark Infringement

If RAKsmart is informed of an alleged copyright or trademark infringement involving an account, RAKsmart will attempt to notify the user of those allegations and secure a response. RAKsmart may, in its sole discretion, remove or terminate the account containing, on a temporary or permanent basis, materials which RAKsmart believes may create, constitute, or contribute to copyright or trademark infringements. You expressly waive the right to assert any claims against RAKsmart for any such removal or termination.

To inform RAKsmart of a possible infringement please send an email to [email protected]

1.12 Force Majeure

RAKsmart shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond RAKsmart's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

1.13 Dispute Resolution

The Agreement shall be governed by the laws of the State of California, and the laws of the United States of America, as applicable. EXCLUSIVE VENUE FOR ALL DISPUTE RESOLUTION ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN SANTA CLARA COUNTY, CALIFORNIA, USA. EACH PARTY AGREES NOT TO DISPUTE SUCH JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.

All provisions of Services are subject to the TOS (Terms of Service) and AUP (Acceptance Use Policy) of RAKsmart. RAKsmart reserves the right to amend its policies at any time. All users must adhere to the above policies. You understand that change to the TOS or AUP by RAKsmart shall not be grounds for early contract termination or non-payment.

We can be reached via email at [email protected] for all questions related to these Terms of Use (TOS) or Acceptable Use Policy (AUP).


ACCEPTABLE USE POLICY (AUP)

RAKsmart and its subsidiaries (collectively "RAKsmart") have formulated this Acceptable Use Policy in order to encourage the responsible use of RAKsmart's networks, systems, services, websites and products (collectively "Services") by our customers and other users ("Users"), and to enable us to provide our Users with secure, reliable and productive services. This document may be updated from time to time. Please consult this site periodically for the most recent revision of this document.

You are prohibited from transmitting on or through any of our Services, any material that is, in our sole discretion, unlawful, obscene, threatening, abusive, defamatory, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law.

You may NOT use RAKsmart Services

• In a manner which violates any law, regulation, treaty or tariff;

• In a manner which violates the rules, regulations and policies of any network, server, web site, database or service provider that you access through your account;

• In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;

• To threaten, harass, abuse or intimidate others;

• To damage the name or reputation of RAKsmart, its parent, affiliates and subsidiaries;

• To break security on any computer network, or to access an account which does not belong to you; or

• In a manner which interferes with other customers' use and enjoyment of the Services provided by RAKsmart.

RAKsmart's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States Federal or California State regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. RAKsmart reserves the right to remove such illegal material from its servers or to immediately terminate your services. The customer is responsible for keeping his billing data with RAKsmart up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability. RAKsmart reserves sole discretion to determine whether any use of the Services is a violation of this policy. This information is only a guideline, and is not intended to be all-inclusive.

2.1 Responsibility for Content

RAKsmart takes no responsibility for any material created or accessible on or through RAKsmart's Networks and Services that is not posted by RAKsmart. RAKsmart does not monitor nor exercise any editorial control over such material, but reserves the right to do so to the extent permitted by applicable law. RAKsmart is not responsible for the content of any websites other than RAKsmart’s website.

2.2 Illegal Activity

Any activity on our network that is a violation of any California State Law or US Federal Law is a violation of this policy and will result in immediate termination of service. Prohibited activities include, but are not limited to:

• Transmitting obscene materials or child pornography

• Intentionally spreading or threatening to spread computer viruses

• Gaining or attempting to gain unauthorized access to any network, including RAKsmart’s private network infrastructure

• Accessing or attempting to access information not intended for you

• Transmitting pirated software

• Conducting or participating in illegal gambling

• Soliciting for pyramids and other illegal schemes.

2.3 Unsolicited Messages

Users may not send unsolicited email messages, including, without limitation, bulk commercial advertising or informational announcements ("Spam") in a way that could be reasonably expected to adversely impact RAKsmart's Network and Services, including, without limitation, using an email account on RAKsmart's network to send Spam, or using the service of another provider to send Spam or to promote a site hosted on or connected to RAKsmart's network. In addition, Users may not use RAKsmart's Network and Services in order to (a) send email messages which are excessive and/ or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send email with forged TCP/IP packet header information, (d) send malicious email, including, without limitation, "mailbombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data.

2.4 Third Party Rules/Usenet

Users may have access through RAKsmart's Network and Services to search engines, subscription web services, chat areas, bulletin boards, web pages, Usenet, or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines and agreements. Users who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, Users may not (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "Usenet Spam"), (b) cancel or supersede posts not originally posted by such User, unless such User does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters, or (e) publish anonymous messages.

2.5 Copyright or Trademark Infringement

Users are prohibited from using RAKsmart’s service to transmit any material (by email, uploading, posting, hot linking, directly linking or otherwise) 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.

2.6 System and Netowork Security

Users are prohibited from hacking RAKsmart's Network and Services, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. RAKsmart will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

2.7 Suspension or Termination of Services

Any User which RAKsmart determines, in its sole discretion, to have violated any element of this Acceptable Use Policy may be subject, at RAKsmart's discretion, to a temporary suspension of Services until such User agrees in writing to refrain from any further violations. However, where RAKsmart deems it necessary, it may in its sole discretion immediately suspend or terminate such User's service without issuing such a warning. Users which RAKsmart determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice and RAKsmart may take further action as RAKsmart solely determines to be appropriate under the circumstances to eliminate or preclude such violation. RAKsmart shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from RAKsmart’s exercise of its rights under these policies.

For further explanation of any portion in our AUP, and the terms set herein, or to determine whether your intended activities are permissible under the terms of this document, contact us at [email protected]

RAKsmart reserves the right to modify this Acceptable Use Policy at any time in its sole and absolute discretion. Changes and modifications will be effective when posted and any use of the RAKsmart Network and Services after the posting of any changes will be considered acceptance of those changes.