Indemnification
Customer agrees that it will protect, indemnify, save and hold Rack911 harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against Rack911 its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it’s customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Rack911 harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Rack911; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from Rack911.
Service Interuptions
You agree and understand that temporary interruptions may occur as normal events in the provision of service. Under no circumstances shall Rack911 be held liable for any financial or other damages due to such service interruptions.
Force Majeure
You agree that Rack911 is not responsible for delays, damages or failures in performance due to causes beyond Rack911’s reasonable control, including but not limited to acts of a governmental body; acts of God; acts of third parties; fires; floods; strikes or other labor-related disputes; or an inability to obtain necessary equipment or services.
Payments and Fees
Establishment of this service is dependent upon receipt by Rack911 of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service.
Failure to Pay
We may suspend, restrict, or cancel the Services and this Agreement, without advance notice, if you do not make payments for current or prior bills by the required due date. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges. Service will be interrupted on accounts immediately that do not provide payment on the due date. Early notification is suggested to prevent such interruption in service.
Cancellations/Refunds
Setup Fees and One Time Services are NON-refundable under any circumstance, unless deemed appropriate by the Company. Monthly service charges will not be refunded if the refund is requested after the due date.
Confidentiality Statement
We at Rack911 insure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Rack911, its representatives and employees, for the purposes for which it was intended, for the benefit of the subscriber. We agree not to share or release such information to any individual, entity, or third party, without the consent of the subscriber, except as required by law, regulation or governmental authority. All information provided to us by the subscriber is properly stored and handled at all times by authorized Rack911 staff members only. Customer agrees to indemnify the Company on account of the unlikely compromise of the Customer’s vital information.
Customer Abuse
We have zero tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund.
One Time Services
No support will be given to these services, including troubleshooting any problems that occur caused by the services, unless the Company so chooses. Rack911 reserves the right to refuse additional support.
Termination by Client
All cancellation requests must be received by Rack911 at least 30 days prior to your account renewal. You must have all account information to cancel. Upon receipt of your notice of termination, your account will be terminated and you will not be liable for any future service fees. By terminating your service, you agree that you have received all services, rights, and other obligations owed to you by Rack911 under this Agreement.
Liability
YOU UNDERSTAND AND AGREE THAT Rack911 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Rack911 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.