Terms of Service Agreement

We have flexible Usage Policies on All Accounts – however we do have some basic guidelines.

Failure to follow these guidelines can result in termination of your account with No Refunds.

Policy and Service Guidelines Overview

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement which is incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein.

The terms “I”, “my”, “we”, “us” or “our” in this Agreement shall refer to Syatt LLC, D.B.A. SpeedRak.com or its affiliates and associates. The terms “you”, “your”, “user”, “customer(s)” or “client” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

I may, in my sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.

Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use SpeedRak.com Services.

I may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account information current. SpeedRak.com assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

I will be providing Web Hosting to many friends, family and customers, and have a responsibility to protect each person and to provide the best services available.

Disclaimer – The hosting client/customer agrees to indemnify and hold SpeedRak.com, its owners/representatives and network providers harmless from any claims resulting from the use of the service which damages the customer or any other party; and makes no warranties of any kind, expressed or implied for services SpeedRak.com provides.

SpeedRak.com will be the sole arbiter as to what constitutes a violation of this provision.

The following guidelines were designed to ensure these obligations are met.

DESCRIPTION OF HOSTING SERVICES

Web Hosting – When you purchase SpeedRak.com Web Hosting Services, your site will be placed within one of SpeedRak.com leased server(s). The resources are shared between multiple customers on the same server(s); however, your site is given a unique address (DNS).

Hosting Transfer/Migration

By requesting a Hosting Transfer/Migration, you represent and warrant that you are authorized to provide SpeedRak.com with access to your third-party hosting account and allow SpeedRak.com to migrate the data from the third-party host to a SpeedRak.com leased Server.

You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.

You agree that SpeedRak.com is not liable for any delay in web site resolution during your Hosting Migration.

You agree not to make any changes or revisions to your web site during the migration process.

* * Hosting Migrations are not available for web sites with over 10GB of data or more than 100,000 files * *

YOUR OBLIGATIONS

Content: All services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material SpeedRak.com judges to be threatening or obscene, or material protected by trade secret and other statute.

Pornography and sex-related merchandising is prohibited on all SpeedRak.com leased server(s). This includes sites that may infer sexual content, or links to adult content elsewhere.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to SpeedRak.com leased server(s) or any other server on the internet. Links to such materials are also prohibited.

Examples of Unacceptable Content or Links:

  • Pirated software
  • Hacker programs or archives
  • Warez sites
  • Sites with adult or pornographic content
  • Unlicensed Music (MP3 Files)

Background Running Programs – I may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed. I currently do not allow IRC or IRC bots to be operated on SpeedRak.com leased server(s).

Abusive Activities – You acknowledge and agree that you may not use SpeedRak.com leased server(s) and your web site as a source for Spamming, or the sending of unsolicited email, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. SpeedRak.com will be the sole arbiter as to what constitutes a violation of this provision.

Server hacking or other perpetration of security breaches is prohibited and SpeedRak.com reserves the right to remove sites containing information about hacking or links to such information.

Use of your web site as an anonymous gateway is prohibited. I prohibit the use of software or scripts run on SpeedRak.com leased server(s) that cause the server to load beyond a reasonable level, as determined by me.

You agree that SpeedRak.com reserves the right to remove your web site temporarily or permanently from SpeedRak.com leased server(s) if you are in violation of this Agreement and/or there are activities that threaten the stability of SpeedRak.com network.

You acknowledge and agree that all web sites associated with your hosting account may be removed if one web site is in violation of this Agreement.

In addition to the General Rules of Conduct listed in these Terms of Service Agreement, you agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to:

  • Disseminate or transmit any material that, to a reasonable person may be grossly offensive, vulgar or malicious
  • Attempt to mislead any person as to the identity, source or origin of any communication
  • Interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization
  • Engage in any other activity deemed by SpeedRak.com to be in conflict with the spirit or intent of this Agreement or any of SpeedRak.com policies
  • Use a SpeedRak.com server as an “open relay” or for similar purposes.

Web Site/Server Content. – You shall be solely responsible for providing, updating, uploading and maintaining your web site, any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your web site or FTP including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, software and text.

PROVISIONS SPECIFIC TO WEB AND WORDPRESS HOSTING

Web Site/Server Content. – Your web site may not include any of the following content:

  • Image hosting scripts that allow an anonymous user to upload an image for display on another web site (similar to Photobucket or Tinypic)
  • Banner ad services for display on other web sites or devices (commercial banner ad rotation)
  • File dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare)
  • Commercial video/audio streaming (self-hosted streams)
  • Push button mail scripts that allow the user to specify recipient email addresses
  • Anonymous or bulk SMS gateways
  • Backups of content from another computer or web site
  • BitTorrent Trackers
  • Any script that causes a degradation in the performance of a SpeedRak.com server or network environment.

SSL CERTIFICATES – I will NOT host web sites that require an SSL certificate.

Server Abuse: Any attempt to undermine or cause harm to a server, or customer is strictly prohibited.

Refusal of Service: I reserve the right to refuse, cancel, or suspend service at my sole discretion.

All accounts and customers using SpeedRak.com services must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice or refund for the remaining months fees.

Disk Space/Unlimited Bandwidth Plans.

Web Hosting and WordPress Hosting are designed to host personal, small business and organization web sites, and thus SpeedRak.com offers unlimited bandwidth and limited disk space.

This means that SpeedRak.com does not set a limit on the amount of bandwidth you may use in the operation of your web site, provided it complies with this Agreement.

In the event the bandwidth usage of your web site presents a risk to the stability, performance or uptime of SpeedRak.com server(s), data storage, networking or other infrastructure, you may be required to upgrade to a VPS or Stand Alone Dedicated Server, or SpeedRak.com may take action to restrict the resources your web site is utilizing.

SERVICE UPTIME GUARANTEE

I offer a service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. If SpeedRak.com fails to maintain this Service Uptime Guarantee in a particular month (as solely determined by SpeedRak.com), you may contact SpeedRak.com and request a credit of 20% of the service period hosting fees for each 20 minutes of downtime (per occurrence). Provided credit will not exceed 100% of a monthly hosting fee for that month.

The Service Uptime Guarantee does not apply to service interruptions caused by:

  • Periodic scheduled maintenance or repairs I may undertake from time to time
  • Interruptions caused by you from custom scripting, coding or the installation of third-party applications
  • Causes beyond SpeedRak.com’s control or that are not reasonably foreseeable
  • Outages related to the reliability of certain programming environments.
  • Outages that do not affect the appearance of your web site but merely affect access to your web site such as FTP and email

Credit Requests and Expiration:

Customer is responsible for reporting a downtime event and requesting credit(s) within five (5) days of experiencing a downtime event.

Credits are forfeited if Customer’s service is terminated. Credits have no cash value and cannot be converted to refunds.

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Payment

Customers who are on recurring plans are due for automatic billing from their credit card on the monthly or yearly anniversary date after sign up, and every anniversary thereafter, on or about the same day of the month.

If your credit card information has changed, then you must notify SpeedRak.com immediately so I may change this information.

If on your bill date, your credit card is declined, your account may be interrupted temporarily and an email will be sent to the address on file to notify you of this problem. If payment is not arranged within 14 days, I will suspend your account, and any files may be lost.

I will reactivate your account once payment has been made.

Credit Card Payments

I use PayPal for SpeedRak.com’s merchant and are happy to accept Visa, Mastercard, Discover, American Express cards for payment.

If anyone attempts to obtain service using a fraudulent credit card, your hosting account will be terminated without warning, I will have the right to place an ‘account suspended’ page on your domain, and I will cooperate with authorities to report the incident and the information used to obtain the account including your domain name. I take credit card fraud very seriously.

If you have received a credit card statement with SpeedRak.com’s name on it, and you did not order our hosting services, please email support@speedrak.com immediately.

RISK-FREE – 30 DAY MONEY BACK GUARANTEE

I am so confident that you will be thrilled with your move over to a SpeedRak.com leased server that I am offering a Risk-FREE, 30 Day Money Back Guarantee of your total investment. I must receive an email as per the ‘Cancellation of Hosting Services’ policy below, and within 30 days of your site installation date.

– – SUSPENSION of SERVICES and/or DELIQUENT ACCOUNTS WILL VOID ALL GUARANTEES. – –

CANCELLATION of WEB HOSTING SERVICES

I build SpeedRak.com services around making web hosting simple for the person and want you to be happy. If for some reason I have not met your needs, you may notify SpeedRak.com using the button below and I will discontinue billing your account.

MEDIATION

The parties agree that any claim or dispute relating to this agreement, or any other matters, disputes, or claims between us, shall be subject to non-binding mediation if agreed to by you and SpeedRak.com within 30 days of you or SpeedRak.com making a request to the other by letter. Any such mediation will be held in the federal judicial district in Colorado Springs, Colorado, and shall be conducted according to the mediation rules of the National Arbitration Forum.

ARBITRATION

I agree that any claim or dispute between me, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the National Arbitration Forum under the Code of Procedure in effect when the claim is filed. The Code of Procedure and other information, including a fee schedule, may be obtained from the National Arbitration Forum website (www.adrforum.com) or by calling 800-474-2371. Claims may be filed with the National Drafting Mediation and Arbitration Clauses 3 Arbitration Forum via U.S. mail to P.O. Box 50191, Minneapolis, MN 55405-0191.

Negotiation in Advance of Arbitration

The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at a mutually acceptable time and place.

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