RAKSMART ToS / AUP


RAKsmart agrees to furnish services to the User, subject to the following TOS (Terms of Service).
Use of RAKsmart Service constitutes acceptance and agreement to RAKsmart’s AUP as well as RAKsmart's TOS (Terms of Service).

Term of Service



Payment Policy

User acknowledges that RAKsmart provides service through subscription. All payments are due on the renewal date of the month for that month’s service.
Service will be interrupted on accounts that reach 3 days past due. Service interrupted for nonpayment is subject to an administrative fee of $50. Failure to pay will result in suspension or termination of User’s account. Accounts that are not collectable 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.
User understands that RAKsmart may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon RAKsmart achieving and maintaining its cost of service goals.
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 $50 per blacklisted IP administrative fee.
If the customer purchased RAKSMART service with the intention to conduct SPAM activity, RAKSMART will deduct $50 minimum administrative fee from customer's balance to cover our adminstrative cost.
User servers that are subjected to more than one IP null-route (resulting from network attacks) in any given month may be assessed an administrative fee of $50 per null-route. A null-route shall not be put in place unless the attack exceeds 500 Mbps or 50,000 packets per second in size or unless the attack negatively impacts RAKsmart network. Any User who is the source of DoS/DDO from RAKsmart network may be subject to a $500 administrativefee and possible account termination.
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.
Any abuse complaint received by RAKsmart in connection with services provided to or by User shall be administratively processed byRAKsmart and a copy provided to (or notification of if complaint was not received in electronic form) User for appropriate handling. User is expected to take all necessary action to resolve the abuse complaint within 24 hours of notification. At the sole discretion of RAKsmart, an administrative fee of up to $10 per complaint processed may be assessed.
RAKsmart reserves the right to terminate the account without notice and without any refunds if in the judgment of the RAKsmart network administrators the user's server is the source of the violation of any terms specified in this policy. The policy violating 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 user may be charged a $500 clean up fee.
Account Cancellation
Account cancellation may be made in writing with 3 days prior to the renewal of next billing cycle in the form of a ticket opened in here. Email is not an acceptable form of cancellation request.
Support Boundaries
RAKsmart provides support related to your server or virtual site physical functioning. RAKsmart does not offer tech support for application specific issues.
Consent to Monitoring

RAKsmart is under no obligation to monitor the material residing on or transmitted to this server. The User is solely responsible for determining the legality of their server content.However,anyone using this server agrees that RAKsmart may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests and these terms of use; (2) to operate the server properly or to protect itself and its users. RAKsmart reserves the right to modify, reject, or eliminate any material residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of the law or these terms and conditions.
ONLY authorized users may use RAKsmart systems and applications with access control. User processing activities will be monitored for administrative and security purposes. Anyone using these systems or applications expressly consents to such monitoring.

Unsolicited Commercial Email and SPAM
Users may not send unsolicited e-mail 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 e-mail 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 e-mail 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 e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, 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.
Violation of any of RAKsmart’s SPAM policy may result in a fee of at least $50 and you face suspension or termination of your account
System and Network Security
Users are prohibited from violating or attempting to violate 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. 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 co-operate with, law enforcement authorities in prosecuting Users who are involved in such violations.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Any User who is being DoS/DDOs or is DoS/DDOsing from RAKsmart network may be subject to a $500 administrative fee and possible account termination.
Suspension or Termination of Service
RAKsmart reserves the right to suspend network access to any User if in the judgment of the RAKsmart network administrators the user's server is the source or target of the violation of any of terms specified in this policy. If inappropriate activity 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 the activity.
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 server, possibly causing you to not have access to your files. You understand that RAKsmart is not required to allow access to any server on their network. RAKsmart cannot be held responsible for lost, corrupt, or restricted data for any reason.
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 User’s services in violation of applicable law or the AUP by User or any person using User’s log on information, regardless of whether such person has been authorized to use the services by User.
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. Account user expressly waives 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 abuse@raksmart.com.
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, terrosit activity, or other events of a magnitude or type for which precasutions are not generally taken in the industry.
Dispute Resolution
The Agreement shall be governed by the laws of the State of California, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN SANTA CLARA COUNTY, CALIFORNIA, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
We can be reached via e-mail at support@raksmart.com for all questions related to these Terms of Use or any other RAKsmart website-related matter.
All provisions of contracts 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. User understands that change to the TOS or AUP by RAKsmart shall not be grounds for early contract termination or non-payment.


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, web sites and products (collectively "RAKsmart's Network and 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.
General Conduct
RAKsmart's Network and Services must be used in a manner that is consistent with their intended purposes and may be used only for lawful purposes. Users may not use RAKsmart's Network and Services in order to transmit, distribute or store material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, (c) that is fraudulent, obscene, defamatory, libelous, threatening, abusive or hateful or contains a virus, worm, Trojan horse, or other harmful component, (d) containing fraudulent offers for goods or services or any promotional materials that contain false, deceptive or misleading statements, claims or representations or (e) generally, in a manner that may expose RAKsmart or any of its personnel to criminal or civil liability.
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 or at the request of RAKsmsart. 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 web sites other than RAKsmart’s web sites, including for the content of web sites linked to such RAKsmart's web sites. Links are provided as Internet navigation tools only.
Unsolicited Messages
Users may not send unsolicited e-mail 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 e-mail 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 e-mail 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 e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, 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.
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.
Copyright or Trademark Infringement
Users are prohibited from using Raksmart’s service to transmit any material (by e-mail, 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.
System and Network Security
Users are prohibited from violating or attempting to violate 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. 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 co-operate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Suspension or Termination of Services
Any User which RAKsmart determines, in its sole discretion, to have violated any element of this Acceptable Use Policy shall receive a written warning and may be subject, at RAKsmart's discretion, to a temporary suspension of service 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 such 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 support@raksmart.com
Raksmart reserves the right to modify this Acceptance Use Policy at any time in tis 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.

   
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