Terms of Service (TOS)

Use of our service constitute the acceptance of our TOS, AUP and Privacy Policy.
Herein "RackNebula", "RackNebula.Com", "We", "Us", "Our" refer to RackNebula.Com whose online presence is at http://www.racknebula.com while "You", "your", "client", "customer" refer to any party that uses our service.

Money-back Guarantee
We offer Conditional 30-day money back guarentee. Condition is a demonstrated failure on our part to provide the service you signed up for. We do not offer an "unconditional" money back guarentee to prevent spammers from entering our system.You must request your claim at least 7 days before the end of the first month. This excludes any overage charges like bandwidth, add-on charges like IPs and Setup charges. In case you have violated our AUP you are not entitiled for this guarantee.
Ofcourse if you'd like to test-drive our system before you buy we are happy to arrange a 5 day trial for you.

Billing Policy
Recurring charges will occur at the beginning of each service cycle (e.g. monthly) automatically and One time charges like Setup fees at the commencement of service, unless otherwise agreed upon.
All transactions are handled by either Plimus.Com or 2CheckOut.Com for us. All transactions are in US dollars even though may be displayed in other currencies. If you exceed resources like space and bandwidth allocated to you you will be charged for the additional usage; alternatively you can choose to upgarde to the next plan.

Refund Policy
You will be refunded 100% of your payments excluding overage charges like bandwidth, add-on charges like IPs and Setup charges within the first month of our service if you request it (see Money back Guarentee above). However violation of our AUP will deprive you of that.
After the first month, contracts with a billing cycle of more than one month will be refunded after deducting for the period you actually used your service. E.g. if your contract is $30 quarterly and you request a refund after two months of that cycle you will recieve (30-20)=$10 .Again no refunds are issued for Setup charges, Addon charges and overage charges. You are completely deprived of any sort of refund in case of violation of AUP.
After money back guarentee period (first month) monthly payments are non-refundable; you can however choose to cancel your account at any time.
You must email us for claiming refunds atlest 7 days before the end of current billing cycle.
Some purchases that cannot be refunded are; Setup Cherges, Domain Registration, Add-on purchases, Overusage charges, SSL certificates

Service Cancellation
You can choose to cancel our service at any moment. If it is within first month of sign up you will recieve a full refund (see Money back Guarentee above) excluding any overage charges, setup fees and addon charges. See Refund policy.
You must email us for Account cancellation.
We reserve the right to cancel service at any time. This will in most cases due to violation of AUP and will be preceded by a warning, however may be immediate in case severe offence.

Non-payment
Falure to pay the amount due in full within one week of due date will result in suspension of the account and failure to do so within 2 weeks from due date will result in termination in the account, unless otherwise agreed upon.

Refusal of Service
We reserve the right to refuse or cancel service at our sole discretion but not prohibited by Law.

Restrictions of Support
We will make every effort to offer support information for configuring and maintaining popular web software to use our service. However we can in no way specifically test every piece of software that could conceivably be utilized with our systems, only provide general system-related information.
The offer of any particular service does not constitute an obligation on our part to tutor the necessary skills to utilize that service, only to provide system-specific information.

Backups
In order to allow us to provide the best service to you, RackNebula accounts are backed up daily and weekly. However, these backups are intended for RackNebula’s administrative purposes only, to allow us to provide excellent service to our customers. As part of its commitment to first-rate customer service, RackNebula always seeks to create complete and accurate backups of customer accounts.
Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, RACKNEBULA DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.
Customers are responsible for maintaining their own backups on their own personal computers or other computers.
RackNebula does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that RackNebula’s backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of RackNebula or any of its employees or agents, and regardless of whether RackNebula had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.
In the event that you need to recover data from a backup, RackNebula will use reasonable efforts to restore data to your account from the appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS. AGAIN, RACKNEBULA DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS.
You understand and agree that RackNebula's backup policy does not create any warranties for whose breach RackNebula can be held liable.

Disclaimer
We use industry standard hardware, software and connections at our end. While we make every possible effort to offer you the highest level of service, RackNebula will not be responsible for any damages your business may suffer including but not limited to special, incidental, consequential or other damages. RackNebula makes no warranties of any kind, expressed or implied for services we provide. RackNebula disclaims any warranty or merchantability or fitness for particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any or all service interruptions.
You agree to use all RackNebula services at your own risk.
Customer agrees that it shall defend, indemnfy and hold RackNebula harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us that may arise from any service provided or agreed to be provided by us.
If for any reason a court of competent jurisdiction finds any portion of this TOS to be unenforceable, the remainder will continue in full force and effect. This TOS together with AUP and Privacy Policy constitute the entire agreement between "You" and "Us" with respect to the subject matter hereof and supersede and replace all prior or contemporaneous agreements, written or oral, regarding such subject matter.

RackNebula reserves the right to revise its policies at any time without prior notice.All clients old and new abide by the latest version of AUP, TOS and Privacy Policy maintained at our site.