Glossary
I. Application of Terms
II. General Terms and Conditions
III. Billing Account
IV. Billing and Payment Policy
V. Cancellation and Refunds
VI. Suspension and Termination
VII. Acceptable Use Policy
VIII. Report Submission Policy
IX. Privacy Policy
X. Customer Support
XI. Transfer Policy
XII. Obligations for Service Provision

1. The terms regulate the conditions and procedures for the provision of services provided by Rack-oon (“Provider”, “we”, “us”, “our”) to the user of the services (“User”, “he”, “his”).
2. Terms of Service regulate the rights and commitments of both the Provider and the User.
3. Terms of Service take effect from the moment of the use of the website or the date of electronic acceptance.
4. In Terms of Service, except for cases when context requires otherwise, words indicating singular include plural and vice versa. Similarly, words indicating natural person also indicate legal person.
5. The names of the articles of these rules are simply used for convenience and do not have any influence on interpretation by both parties.

1.1 The Provider does not guarantee that its services, personnel, or anything affiliated with Rack-oon and/or “A-com, spletne storitve” is completely without fault and will not cause unintentional damages.
1.2 The Provider does not take responsibility to cover any damages caused by possible downtime of any service. Nevertheless in knowledge of any issues which caused damage with its services, the Provider reserves the right to limit any amount paid in return to the User, for any of his services, to a maximum of 1 month of the monthly service fee.
1.3 The Provider does not take responsibility for any service maintenance or delivery delays due which were produced by third party services or other actions directly not controllable by the Provider. In cases where delivery is postponed due to external causes the customer has the right to request the next payment date to be moved accordingly.
1.4 The Provider reserves the right to demand upgrade of any service in case when the Provider deems for it to be necessary. This is done to ensure the stability of the service and the rights to equal performance for any neighboring service user.

2.1. In any case of interaction the User agrees with the Terms of Service.
2.2. If not in compliance with Terms of Service, the User agrees not to use any of the services provided by Rack-oon and/or “A-com, spletne storitve”.
2.3. No abusive act or omission may be justified by involvement of third parties. The User is always held liable for any actions carried out using resources bought or leased for temporary use.

3.1 In case of User’s non-compliance with Terms of Service, the Provider will act under the sole discretion in order to restore compliance.
3.2 The Provider may deny new orders and halt tasks, including support tasks that are already in progress.
3.3 The Provider will continue communication with the User with emphasis on the non-compliance issue only.
3.4 If the Provider’s efforts to restore compliance with Terms of Service fail because of the User’s non-cooperation or the violation is too severe, any actions, based on Terms of Service, carried out by the Provider will be considered necessary including suspension or termination of service. In case of such suspension or termination the User will have no right to demand a refund/be refunded. Moreover, the User will be held responsible for this unilateral termination of service agreement initiated by the Provider.
3.5 In case of abuse or any similar adverse circumstances the Provider will take necessary actions to suppress the incident as soon as possible. Considering the severity of the incident the Provider may not contact the User prior to suspension. Such inaccessibility is not considered downtime. The Provider will try to cooperate toward a problem resolution as long as the User puts relative effort into mutual cooperation. However, the User has no right to demand re-activation of the service if the Provider believes that it will cause risk of another incident.
3.6 If any illegal activities occur of which the Provider is aware of, the Provider will contact appropriate legal authorities.

4.1 The Provider guarantees a 99,7% uptime on all Rack-oon hardware and network connectivity. Should Provider not be able to maintain 99.7% uptime for any given month, Provider will credit a percentage of the monthly fees paid by you for that given month. Compensations are based on the schedule below:

• Availability 99.59% – 99.69% – 5% of monthly fee credited
• Availability 99.39% – 99.19% – 10% of monthly fee credited
• Availability 99.19% – 99.39% – 15% of monthly fee credited
• Availability 98.99% – 99.19% – 25% of monthly fee credited
• Availability 98.79% – 98.99% – 40% of monthly fee credited
• Availability less than 98.79% – 80% of monthly fee credited
• Availability less than 95.00% – 100% of monthly fee credited

4.2 Compensation will be applied only if all invoices are paid for the impacted service.
4.3 Compensation request should be sent to dispute@rack-oon.com and should contain a ticket number of the service interruption report.
4.4 Compensation will be applied in up to 7 days after customer report and confirmation from Rack-oon team.
4.5 The uptime guarantee does not apply to 3rd party products (domains, control panel, ssl and etc).
4.6 Scheduled service maintenance does not apply as a downtime.

1.1 Billing account – the account at the Provider’s website https://clients.rack-oon.com, holding a summary of any type of services provided to the User.
1.2 By registering with the Provider, the User confirms that:

• He is the owner of the primary email address used to set up the billing account and is held the owner of the billing account. Therefore email address cannot be changed.
• He will not pass, sell or transfer the ownership of the billing account to another person or entity in any form. Otherwise the Provider may limit access to both parties until the User is verified.
• He will own one billing account. Acts when multiple accounts are made to bypass any restrictions or commit illegal activities will result in permanent termination of all services.
• He will provide correct and verifiable information in the registration form and any further communication. It is the User’s responsibility to make sure the information is up to date.
• He is fully responsible for the use of his billing account and for any actions that take place through the User’s account.

1.3 The Provider reserves the right to deny service to the User in case there is doubt of compliance with Terms of Service for as long as the non-compliance persists.
1.4 The Provider reserves the right to deny services to the User located in a country with a high fraud rate.

2.1 The Provider has the right to request additional information from the User in order to verify the provided information or any orders made by the User.
2.2 Additional information includes (but is not limited to) ID card or passport copies. If the User chooses to pay for his services by credit card, a credit card scan may be requested as well.
2.3 The User must provide original, high quality, easily readable, uncropped scans or photos of the specified documents.
2.4 Requests to provide additional information might be made for various reasons such as (but not limited to) credit card ownership validation or IP order justification.
2.5 In case of unreasonable delay or refusal to provide such information, the User account and services provided by the Provider may be suspended or terminated.
2.6 Refusing to comply with Terms of Service will result in unilateral termination of service agreement initiated by the Provider with no refund possibility. The Provider will act based on “User’s non-compliance” terms.

3.1 The User of the account is responsible for any actions carried out within the account and all resources given by the Provider.
3.2 The User is responsible to take care of their account and its safety.
3.3 The User is solely responsible for the preservation of his data. While the backups are being done by the Provider (if such feature is included within the User’s service), we do not guarantee full data safety and have no responsibility to preserve the data at all times. It is the User’s responsibility to make backups of the information that is critical to him.
3.4 The Provider may not be held liable in any case of data loss.

1.1 The invoice for the services is calculated according to the rates that are present on the website.
1.2 It is the User’s responsibility to review billing information.
1.3 All invoices are generated 15 days before the due date, except domain invoices.
1.4 Domain renewal invoices are generated 30 days before the due date.
1.5 Due date reminders are sent respectively each day after the due date for 3 consecutive times.
1.6 The due date for the payment may not be changed by either party.
1.7 An invoice generated for the next billing period of an active service may not be cancelled on request.
1.8 If any outstanding invoices remain unpaid 3 days after due date, all related services will be suspended automatically (and unsuspended upon received payment).
1.9 In case of service cancellation, all related invoices will be cancelled automatically.
1.10 In case of order reconsideration, the former order is terminated and the related invoice is canceled.
1.11 The Provider reserves the right to refuse some service upgrades if there are outstanding invoices for the service in question. In such case, the User is asked to pay for the outstanding invoices prior to the upgrade.
1.12 The Provider reserves the right to change the rates of services anytime. The User always receives a notice about any upcoming changes in advance.

2.1 The currency initially assigned to the billing account may not be changed.
2.2 Discounts provided for first-time accounts may not be used multiple times by the same person. Coupon/promotion abuse will not be tolerated and may result in the suspension or termination of the account.
2.3 The Provider is not responsible for the price changes that may occur due to currency exchange rates.
2.4 Only the User himself may pay for his services. The Provider reserves the right to ask to prove the ownership of the credit card or any other medium of payment used.
2.5 The Provider is not responsible for automatic transactions which are issued by third party checkout services. It is the User’s responsibility to manage their third party checkout services account settings to disable and avoid unwanted automatic transactions.
2.6 By creating a billing agreement for authorized PayPal payments through the Client Area, the User gives permission for the Provider to process automatic transactions from his PayPal account. It is the User’s responsibility to create, manage and terminate authorized PayPal payments in the Client Area.
2.7 By creating authorized credit card payments through the Client Area, the User gives permission for the Provider to process automatic transactions from his credit card. It is the User’s responsibility to create, manage and terminate authorized credit card payments in the Client Area.
2.8 By using his PayPal account with Rack-oon, the User agrees to set PayPal as his default payment method for all future automatic transactions. If the User chooses to add a credit card to his account, it will be set as the default payment method for all automatic transactions. It is the User‘s responsibility to create, manage and terminate authorized payments in the Client Area.
2.9 The Provider does not tolerate any type of fraud regarding the payment for the services. If any illegal actions occur, the services are terminated and the User is reported to legal authorities without prior notice.

1.1 Services may be canceled by either party. However, Provider cannot cancel the service on the User’s behalf.
1.2 The Provider has the right cancel the services if the User violates any Terms of Service. The Provider reserves the right to cancel the service without prior notice.
1.3 The User has the right to cancel his service anytime by submitting the cancellation request through his billing account.

2.1 The Provider ensures 30 day money–back guarantee. The guarantee applies from the moment the service is activated. The guarantee exclude services which have used 30 day trial period. The guarantee applies for each service separately. Please note that the 30 day money–back guarantee is not valid for 3rd party products and services. If the User has purchased a service that includes a free domain name and the user canceled the purchased product, the standard price for the domain name will be deducted from the refund amount. The refund excludes the value of 3rd party products and services without any exceptions.
2.2 To apply for a refund, the User must submit a refund request through his registered billing account.
2.3 Refunds are provided to the User’s credit balance or via the same payment medium that was used by the User if applicable – the User’s payment gateway account or the User’s bank account.
2.4 Refunds are applicable only if the User is in compliance with Terms of Service, has not undergone suspension or termination due to violations of Terms of Service before and has a clear abuse history.
2.5 Refunds are provided for VPS hosting and Cloud hosting services.
2.6 Refunds are provided for each service accordingly. However, the User may receive a refund for a specific service only once.
2.7 Refunds are applicable only if the service is provided directly by the Provider. 3rd party products or additional services are not refundable. If the User has purchased a service that includes a free domain name and the user canceled the purchased product, the standard price for the domain name will be deducted from the refund amount. The refund excludes the value of 3rd party products and services without any exceptions.
2.8 Refunds are not provided if the service was not accessible because of 3rd party illegal activities.
2.9 The Provider reserves the right to make the final decision on any refund requests issued.

3.1 Chargebacks are not considered an acceptable form of refunding. All payment refunds must be requested in accordance to the refund policy instead of issuing a chargeback or opening a transaction dispute. Chargebacks and/or disputes will be considered as payment fraud and will be a subject to full investigation.
3.2 The Provider will use all information including the User’s billing account profile, login history data and any communication between the Provider and the User in order to appeal the chargeback or other payment dispute.
3.3 If the Provider receives a chargeback or a payment dispute from a Credit Card company, bank, via PayPal or any other payment gateway, all services related to the billing account of the User may be suspended without prior notice. Where applicable, domain disposal may be limited and requests to perform a transfer may be denied. These conditions apply to third party products as well.
3.4 For every instance of chargeback or any other form of transaction retrieval, the User agrees to pay a 30 EUR administration fee.
3.5 To restore the services, which were suspended due to a chargeback, a reversal or a retrieval, the User is bound to make sure that all chargebacks, reversals and/or retrievals would be withdrawn. Moreover, any financial mismatch caused by the chargebacks, reversals and/or retrievals must be fully covered by the User before the services are restored. Any double payment resulting from this process will be added to the User’s billing account in the form of account credit.

1.1 The Provider reserves the right to suspend and/or terminate any service for the User who either deliberately and intentionally or unintentionally violates Terms of Service.
1.2 The Provider reserves the right not to contact the User prior to suspension. However the Provider may contact the User prior to suspension in attempt to stop and avoid further adverse actions carried out by the User or third parties through the User’s resources.
1.3 The User must act immediately after receiving a notice from the Provider and take necessary actions. A time-frame may be specified by the Provider for the User to restore compliance with Terms of Service.
1.4 Failing to cooperate will result in suspension and/or termination of services.
1.5 The Provider will act based on “User’s non-compliance” terms.
1.6 The Provider reserves the right to temporarily suspend the server because of security issues until they are eliminated. This is done to secure all the users using the server and it is not considered downtime therefore the User is not eligible for a refund.
1.7 Service data is kept for 30 days after suspension. However, the User may renew the services during this period for an additional fee.
1.8 30 days after the suspension the services are terminated and the Provider no longer preserves any service data.
1.9 If the User violates Acceptable Use Policy, the Provider reserves the right to terminate the services immediately as to avoid damage to other users and/or 3rd parties.

2.1 In cases where the service was used deliberately and intentionally to cause damage to any property in any shape or form, the Provider has the right to terminate the service immediately, with or without prior notification.
2.2 If the User acts deliberately and intentionally to cause damage to any property in any shape or form, a refund is not applicable.
2.3 The services are terminated immediately if the User:

• creates a proxy service;
• is carrying out actions related with copyrighted data without having copyrights to that material;
• is using the server for unwanted e-mail (SPAM) or harmful software sending;
• is using the server to generate bitcoins (is performing bitmining);
• is serving/sharing files using torrent protocol;
• is scamming/phishing or other harmful for other internet users activities;
• is performing any kind of other illegal activities.

2.4 The Provider will act based on “User’s non-compliance” terms.

1.1 The service may be used for lawful purposes only. The User is prohibited from transmitting any material in violation of any international, national and local regulations.
1.2 The prohibited uses include (but are not limited to) these actions:

• Fraud;
• Spam;
• Serving/sharing files using torrent protocol;
• Scamming/phishing;
• Crypto currency mining;
• Malicious usage to disturb the work of the server;
• Abusive actions against other servers or users;
• DDos flooding or any other kind of flooding.

1.3 The Provider reserves the right to refuse the service if the User uses the service for prohibited uses that violate Terms of Service, are not compatible with our policies or are considered illegal, harmful or threatening in any way.
1.4 If the User chooses to continue using the services for prohibited uses, the Provider will act under “User’s non-compliance” terms and may suspend or terminate the service with or without prior notice.

2.1 The Provider does not tolerate spam and the spread of spam is strictly forbidden during the use of service.
2.2 While using the service for mailing the User undertakes the following obligations:

• Not to email to the people, who have not expressed any request in any way to receive emails;
• Not to provide and not to propose the service under the application of which 3rd parties could spread spam;
• To implement and support appropriate technical means that secure that any 3rd parties do not spread spam;
• Apply opt-in principle for any information sent via electronic means, and suggest effective means to refuse received spam;
• Not to collect, store, publish and spread data (e.g. email addresses) under the aid of which the spam can be sent;
• Not to create open or easily exploitable mailing relays.

2.3 If the User does not follow the obligations listed above, the Provider will act under “User’s non-compliance” terms and may suspend or terminate the service with or without prior notice.
2.4 If the User accused of spam rejects the accusation on the grounds that the complaining party (in this case – the recipient) agreed to subscribe to the User’s mailing list, the User must present proof of the recipient’s subscription. The User must provide logs which contain the complaining party’s email address, the exact date and time of the subscription confirmation, and the IP address which the recipient used during the subscription confirmation.
2.5 If the User accused of spam refuses to cooperate and provide the required information, the Provider considers the User being guilty of the Spam Policy violation.

3.1 The User is prohibited to carry out any actions opposing legal acts, violations of rights to third parties, including (but not limited to) storing, publishing, sending, distributing, making publicly available or otherwise transferring any content considered by legal acts to be prohibited, limited, threatening, discriminative, violating others’ rights.
3.2 If the User uploads copyrighted material without permission, the copyright holder or an interested 3rd party may report copyright infringement to the Provider.
3.3 The Provider reserves the right to act upon judgement and suspend or terminate the services for the User if the User is reasonably suspected of copyright infringement.

4.1 The Provider does not tolerate certain unacceptable material, stored on his servers. Such material includes (but is not limited to):

• Gambling websites;
• Websites promoting illegal activities;
• Child pornography;
• Racist content;
• Incitement of strife, hatred or violence;
• Other abusive websites.

4.2 The Provider reserves the right to refuse the service if the material stored by the User violates Terms of Service, is not compatible with our policies or is considered illegal, harmful or threatening in any way.
4.3 If the User chooses to store unacceptable material, the Provider will act under “User’s non-compliance” terms and may suspend or terminate the service with or without prior notice.

5.1 Over-usage of resources and malicious usage is strictly prohibited.
5.2 In cases where outside malicious activity affects neighboring users, the Provider reserves the right take action against the User’s VPS to stop any effects to the performance of service.
5.3 This is taken against (but not limited to): containers under DDoS, containers used for scanning. As such, suspensions, null routes or connection restrictions may be applied.
5.4 Any of these common techniques and tools will be used to restore balance of service neighborhood for as long as necessary.
5.5 The User agrees that such service outage is not considered downtime.

1.1 The Provider accepts reports from the complaining party if the User is conducting illegal activities while using Rack-oon services.
1.2 All reports must be prepared in fluent English.
1.3 The report is applicable only if it includes legal grounds which sustain the claim.
1.4 The complaining party must file the report in person, through a lawyer or a legal firm, authorized to represent the person or the company. If the report is submitted by a lawyer or a legal firm, a proof of representation agreement must be presented along with the report.
1.5 The complaining party must include sufficient and accurate contact information – an email and a telephone number.
1.6 The report must be submitted via email or through the Ticket System only.

2.1 In case of copyright violation, the Provider acts as a mediator of the complaining party and the User, if the User agrees to cooperate.
2.2 The copyright infringement report must contain (but is not limited to) the reasoning of the report and direct links to the copyrighted material. If the report is made by the copyright owner, it must contain evidence of the copyright ownership.
2.3 The Provider reserves the right to request additional information in order to confirm the violation of the copyright policy.

3.1 An email phishing report must contain a copy of the phishing email in question. It must be attached in text form with full headers, timestamps, source and destination data.
3.2 A screenshot of the phishing email in question is optional.
3.3 A website based-phishing report must contain a full URL path (not only a domain or a subdomain) to the phishing page.
3.4 A screenshot of the phishing website with a brief description is mandatory. The exact time of the screenshot take must be provided as well.

4.1 An email spam report must contain a copy of the email in question. It must be attached to the report in text, with full headers, timestamps, source and destination data.
4.2 The email spam report must contain a brief explanation of why the complaining party considers the email to be spam.
4.3 A screenshot of the email in question is optional.

5.1 In case of network abuse, including (but not limited to) flooding, spoofing, scanning, brute-forcing, exploiting and botnets, the complaining party must provide sufficient amount of log excerpts and indicate the exact time of the incident in question.

6.1 In case of defamation and libel, the Provider reserves the right not to be put in the position to determine the veracity of the User.
6.2 The Provider will not judge, censor or control the content in any other form, even if the complaining party finds it offensive.
6.3 The complaining party has the right to express its concerns directly to the creator of the content only.

7.1 A child pornography report must contain the exact URL where the abuse is taking place.
7.2 Any additional information to help the Provider determine the exact source of the content is strongly appreciated.
7.3 Suspected offenders are immediately reported to the legal authorities. The Provider fully cooperates with any ongoing investigation.

8.1 In case of a credit card fraud, the complaining party must provide the first and the last name of the card holder along with the first 4 and last 4 numbers of the credit card in question, card type and expiration date.
8.2 In case of unauthorized charges, the complaining party must provide the exact time and the amount of the charge in question.

1.1 Terms of Service does not give or transfer the User any rights to intellectual property that is not in his possession.
1.2 All rights to the software used during the process of service provision are protected and belong to the Provider or the Provider is authorized to use them.

2.1 In order to use the website and the services, the User is required to register and provide his or her personal information during the registration.
2.2 Collected private information is not disclosed to any third party by the Provider, unless specifically stated otherwise in these terms, for example in cases when appropriate legal authorities request such data in case of criminal activity performed by the User or through the User’s account.
2.3 The Provider reserves the right to use all of the information provided by any visitor, which he or she submitted during the registration process, as well as any other information about his activity within our services.
2.4 The Provider reserves the right to use all the collected private information, including (but not limited to) the User’s email address for service related and marketing purposes.
2.5 By signing up or providing his or her personal information, the User agrees to receive service related and marketing information, sent to him or her by the Provider.

3.1 The Provider may collect certain information every time the visitor or the User visits the Website in order to provide higher quality services to the users of the service.
3.2 The collected anonymous information includes (but is not limited to) visitors’ IP addresses, related data (e.g., the internet address of the last website, which the person has visited before his/her visit to the website, browser and operating system types, common search yields from various search programs, oriented towards internal advertising, popular search words, etc.).
3.3 The Provider may collect and conserve the indicated information about all and any visitors, regardless if they are registered or not.

4.1 The Provider may collect certain information using cookies in compliance with privacy and data protection laws and regulatory framework.
4.2 The tracked information is used to supply, improve and manage the services. The use of the tracked information includes research, statistics and advertising purposes.
4.3 The tracked information is not transmitted to 3rd parties in any circumstances.

1.1 Basic support is available to every User under limited service basis.
1.2 The Provider reserves the right to deny any support service request if it is considered not eligible for non-paid support.

2.1 The User may contact the Provider with a professional assistance request, in which case the Provider will respond based on the type of request and the User’s acquired service level.
2.2 The Provider reserves the right to refuse service request under such conditions as insufficient service level or another tenable reason. Accordingly, a different service level may be offered by the Provider in order to carry out the request.

3.1 The User who does not own any active services provided by the Provider, has the right to request support for sales, general guidance and assistance questions.
3.2 The Provider reserves the right to refuse service to any requests which are intolerable or harmful in any way.

4.1 The User who owns an active service provided by the Provider has the right to request basic support to ensure proper working conditions of any service from the Provider.
4.2 Basic support service comes free with any service provided by the Provider.
4.3 The User has the right to request additional support that he might need.
4.4 The Provider has the right to provide guidance, direct support or request the User to commit to a higher service level of support. If the required support service level is not available or declined by the User, the Provider reserves the right to refuse any additional support.

5.1 The Provider provides higher level support for more complicated issues and tasks.
5.2 The User may acquire higher level support for an additional fee.
5.3 Support levels are divided into 3 levels. More details can be found on Managed VPS page.
5.4 Support levels are set on VPS order and can be changed any time.
5.5 Support level is valid only for related VPS and can not be used for other VPS.
5.6 Advanced support service requests must be sent and registered in the form of a ticket.
5.7 When the corresponding support time is used, Provider reserves the right to charge each additional commenced hour at rate of 45 EUR per hour.
5.8 After the task is completed and the response is submitted in a form of a report, the inquiry is considered as fully fulfilled. The User has the right request additional information on the configuration done.
5.9 The Provider reserves the right to refuse any additional requests after the main task is complete if additional requests are considered not related to the issue.

The Provider may transfer one master account for shared hosting users and up to 30 accounts for reseller. The Provider can transfer up to 2GB size accounts only.
Free transfer service is only offered for “as it is” transfers if website content and data with no updates to the site configuration, aside from database connection details. Copying an existing site to a new domain or changing the URL of an existing site is NOT a free service.
The Provider reserves the right to refuse transfer service to the User if it is considered impossible to migrate some or all account data.
In no event shall the Provider be held responsible for any lost or missing data or files from a transfer to Host1Plus. The User is responsible for backing up his data.

1.1 The Provider does not guarantee the successful registration of a domain. The domain may be secretly reserved in the registry and deceptively appear to be free for registration.
1.2 It is the User’s responsibility to provide the correct information to sustain the requirements for each domain registry. The Provider is not responsible if the domain is rejected due to non-compliance with the terms of a specific domain registry.
1.3 The Provider does not guarantee the successful transfer of a domain. It is the User’s responsibility to make sure the domain is transferable before placing a transfer order.
1.4 To complete the domain transfer successfully, the User must have access to the domain’s management page to remove locks and change privacy settings to prepare the domain for the transfer procedure. The User also must be in control of the email address associated with the domain to be able to confirm the transfer by receiving an automated confirmation email.