The use of the Services is also governed by the following policies, which form part of this Agreement. By using the Services, you are also agreeing to the terms of the following policies:
- Acceptable Use Policy
- Copyright Claims Policy
- Data Request Policy
- Anti-Spam Policy
- Domain Registration Agreement
Additional terms may apply to certain Services you purchase or receive through Fiverack including services provided by a third party. Such additional or third party services may be subject to additional terms that may be separately provided to you.
2. Account Eligibility, Ownership and Services Purchased
- The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering
- for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
- We treat the individual or entity named in our records as the primary billing contact as the owner of the account. If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
- You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Fiverack, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
- You acknowledge and accept that despite the security measures Fiverack takes in connection with the Services, Fiverack’s system and/or your websites may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Fiverack may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Fiverackshall have no liability to you for any damage or loss that you may incur due to such corrective action.
- You further acknowledge and agree that you are solely responsible for backing-up all Customer Content (as defined in Section 13).
- The Services offered by Fiverack are hosted on servers located in the United States (U.S.) unless otherwise expressly provided. By using the Services, you freely and specifically give Fiverack your consent to export your information and data to the U.S. regardless of where your Services or domains are hosted. You understand that data stored in the U.S. may be subject to lawful requests by the courts or law enforcement authorities in the U.S.
- Any features and details of the Services may be described on the web pages setting out the particular Services you have purchased. Fiverack may modify, change or discontinue any aspect of the Services at any time.
- Certain Services are provided by third parties and may be subject to such third parties’ terms and conditions.
3. Term of the Services
The initial term of the Services you purchase shall be for the period set forth in the registration form presented to you when you order the Services (the “Initial Term”). Unless you cancel prior to the end of the Initial Term, the Services will automatically renew for periods of equal length as the Initial Term (each a “Renewal Term”) unless otherwise provided. The Initial Term and all Renewal Terms, if any, shall be collectively referred to as the “Term.”
- Unless otherwise provided, Fiverack will automatically bill your payment method on file as follows: (i) up to fifteen (15) days prior to the end of your then current Term for all Services on a one (1) year plan or longer; (ii) up to five (5) days prior to the end of your then current Term for plans of less than one (1) year. You expressly acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment method on file for each Renewal Term, unless you terminate or cancel the Services prior to such charge as provided in this section..All fees are billed in United States Dollars (“USD”) and are subject to change with prior notice to you. We will provide you with at least thirty (30) days’ notice of your renewal pricing before charging you on any annual or longer term plans.
- Fiverack is only able to automatically collect payment from customers with credit cards stored on file or active PayPal agreements. All other payment methods (e.g. one- time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated manually by you. It is your responsibility to ensure that all fees are paid no later than their due date.
- As a customer of Fiverack, it is your responsibility to ensure that all billing information on file with Fiverack is accurate and that any credit card or another automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. Fiverack screens all orders for fraud. In certain cases, if your account is flagged for fraud, your order will not be processed. Fiverack has no liability for not providing Services, including third party services, if your account fails the fraud screen.
5. Late Payments
- Any account not paid in full by the end of the Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, Fiverack reserves the right to suspend your Services. Fiverack reserves the right to terminate Services fourteen (14) days following suspension of Services for non-payment.
- Fiverack is not responsible for any damages or losses (including of any data) as a result of suspension or termination for non-payment of your account. In addition, Fiverack reserves the right to refuse to re-activate your Services until any and all outstanding invoices have been paid in full.
- Fiverack provides a fortyfive (45) day money back guarantee on shared web hosting and reseller packages as well as VPS hosting (the “Money-back Guarantee Refund”). To request a Money-back Guarantee Refund, please visit https://fiverack.com/whmcs-bridge/?ccce=supporttickets to create a support ticket to our billing department or contact Fiverack using LiveChat (the “Refund Request”) within sixty (60) days of your termination or cancellation of the account (the “Notice Period”). Money-back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period. Money-back Guarantee Refunds only apply to hosting services.
- Fees paid by you in connection with the purchase of add-on services, including without limitation, secure socket layer (SSL) certificates, custom packages, domain transfers, domain renewals, dedicated IP addresses, or software licenses are non-refundable under this Agreement, as are payments made by check ten dollars ($10.00) or less due to processing fees, unless otherwise expressly provided. There are no refunds on dedicated servers. The Money Back Guarantee does not apply to dedicated servers.
- Only first-time shared hosting accounts are eligible for the Money Back Guarantee Refund. For example, if you previously had or still have an account with Fiverack and you canceled and signed up again for a new account, you will not be eligible for a refund. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement. The following methods of payment are not refundable under any circumstances: bank wire transfers, Western Union payments, checks, and money orders. If you pay with any of these methods, you will receive a credit to your account for current or future Services.
- Refunds will be issued only to the payment method used for the initial purchase.
- Fiverack will not process new orders or provide additional Services to customers who have an outstanding balance with Fiverack.
- Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. Fiverack is not responsible for any change in exchange rates between the time of payment and the time of refund.
- If you believe there is an error in Fiverack’s billing, you must contact Fiverack using LiveChat, within thirty (30) days of the date you are billed or charged. Fiverack’s obligation to consider your claim is contingent on you providing Fiverack with sufficient facts to investigate your claim. If Fiverack determines that your claim is valid, Fiverack agrees to credit your account on your next billing date. You waive your right to dispute any charges or fees if you fail to notify Fiverack in writing within thirty (30) days.
7. Chargebacks, Reversals, and Retrievals
If you have a billing issue, please contact Fiverack to address and resolve the issue. If Fiverack receives a chargeback or payment dispute from a credit card company or bank, your Services may be suspended without notice. Any outstanding balances accrued as a result of the chargeback(s) must be paid in full before Services will be restored.
- You may terminate the Services by submitting a cancellation request in writing by logging into Fiverack’s account center. In the event that you are unable to log in to your account with Fiverack, please contact our billing department via LiveChat and we will assist you.
- Cancellations must be requested via the form indicated above at least forty-eight (48) hours prior to the Service’s renewal date. If a cancellation notice is not received within the required time frame, you will be billed for the next billing term and are responsible for payment as set forth above.
- Fiverack minate this Agreement at any time without notice. Should Fiverack terminate this Agreement for any reason other than a breach of this Agreement, including any violation of the Acceptable Use Policy, all prepaid fees will be refunded.
9. Refusal of Service
- Fiverack reserves the right to refuse Services to anyone at any time. Any material that, in Fiverack’s judgment, is obscene, threatening, illegal, or violates this Agreement in any manner may be removed from Fiverack’s servers (or otherwise disabled), with or without notice.
- Any manner of communication with Fiverack’s staff that is belligerent, vulgar (curse words), highly rude, threatening, or abusive, as determined in Fiverack’s sole discretion, may result in suspension or termination of your account without any refund.
10. Prohibited Persons (Countries, Regions, Entities, and Individuals)
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Fiverack also does not register and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
- You are required to utilize server resources in a responsible manner. Server CPU, Memory and Disk space are resources shared by all Fiverack customers. Excessive use of server CPU and memory resources by a customer can interfere with or prevent normal service performance for other customers.
- Fiverack reserves the right to suspend or terminate Services on any account that, in its sole discretion, is abusing server resources or is in violation of Fiverack’s Acceptable Use Policy. Such suspension or termination can occur at any time without prior notice.
- Shared & Reseller hosting space may only be used for web files, active email and Customer Content (as defined below). Shared & Reseller hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email, or FTP hosts. Fiverack expressly reserves the right to review every shared account for excessive usage that may be caused by a violation of this Agreement.
- Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups.
- If you are allocated a monthly bandwidth allowance and your account exceeds the allocated amount, Fiverack may: (i) suspend your account until the start of the next allocation; or (ii) suspend the account until more bandwidth is purchased for an additional fee.
- Unused bandwidth in one month cannot be carried over to the next month and bandwidth is not pooled among multiple servers or accounts.
13. Customer Content
- Fiverack allows you to upload, publish, display and distribute information, text, photos, videos and other content on or through the Services (referred to as “Customer Content”). Customer Content includes any content posted by you and users of any of your websites created or hosted through the Services. You are solely responsible for any and all Customer Content and any transactions or other activities conducted on or through your websites. By posting or distributing Customer Content on or through the Services, you represent and warrant to Fiverack that (a) you have all necessary rights to post or distribute such Customer Content, and (b) your posting or distribution of such Customer Content does not infringe or violate the rights of any third party.
- You acknowledge and agree that Fiverack may, but is not obligated to, monitor Customer Content for any violations of this Agreement and may immediately take any corrective action in Fiverack’s sole discretion, including without limitation, removal of all or a portion of the Customer Content, and terminating any and all Services without a refund of any pre-paid fees. You hereby agree that Fiverack shall have no liability due to any corrective action that Fiverack may take, including without limitation, suspension or termination of the Services.
- Fiverack grants you a non-exclusive, non-transferable, worldwide, license to use a technology provided by Fiverack solely to access and use the Services during the Term. Except for the rights explicitly granted herein, this license does not grant any additional rights to you. All right, title and interest in Fiverack’s technology shall remain with fiverack, or its licensors. You are not permitted to circumvent any devices designed to protect fiverack or its licensor’s ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.
- Solely for the purpose of providing the Services, you grant Fiverack, or any third parties used by Fiverack to provide the Services, a non-exclusive, non-transferable, worldwide, royalty-free, license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, your end users, including without limitation Customer Content. This license terminates on the expiration or termination of the Term unless earlier terminated as provided herein. All right, title and interest in your technology shall remain with you, or your licensors.
15. Service Modifications
Fiverack reserves the right to modify, change or discontinue any aspect of the Services at any time. However, Fiverack will provide you with advance notice of any material changes to the Services so you have an opportunity to cancel if you do not agree with any such changes. Fiverack is not responsible for any damages or loss of data resulting from such action.
- Fiverack guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month (the “Uptime Guarantee”). This guarantee does not apply to unmanaged virtual private servers (“VPS”) or unmanaged dedicated server plans. If Fiverack fails to meet its uptime guarantee, you will be issued a credit equivalent to one (1) month of Services. The first forty-five (45) minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of Services. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Fiverack and may be dependent upon the justification provided.
- Credits are only available for future Services and cannot be issued as refunds.
- The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: scheduled maintenance, DDoS or similar attacks, hardware failure, third-party software failure, Customer maxing its resource container, issues resulting from errors or omissions by the Customer, issues relating to the Customer’s ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. All credits are issued at the discretion of Fiverack, based on its investigation of any issue that is covered by this section.
- If Fiverack provides an Uptime Guarantee for a particular Service, a credit shall be your sole and exclusive remedy for defects in, or issues with, such Service.
17. Support Policy
Fiverack provides support via LiveChat and tickets for the purpose of assisting with basic questions regarding the Services.
Resellers are responsible for supporting their own customers. Fiverack does not provide support to its resellers’ customers. If a reseller’s customer contacts Fiverack, Fiverack will direct the customer to the reseller. All support requests must be made by the reseller on its customer’s behalf. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their customers. Fiverack will hold a reseller responsible for any of its customers’ actions that violate the law, the terms of this Agreement, or the Acceptable Use Policy.
Your use of the Services is at your own risk. Fiverack is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred through your account and to maintain all backup of Customer Content stored on Fiverack’s servers including without limitation your website files.