Terms and Conditions

All services provided by Plasma DC Solutions LLC ("PlasmaRack", "PDCS") 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 we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless PlasmaRack from any claims resulting from the use of service which damages the subscriber or any other party.

PlasmaRack is not responsible for any damages your business may suffer. PlasmaRack makes no warranties of any kind, expressed or implied. PlasmaRack is not responsible for any loss of data or damages due to service interruptions.

Abuse

Examples of unacceptable content or links:

CPU/Resource Intensive Programs
Denial of Service Attacks
Spamming / Email Marketing
Hacking / Cracking

Transmission or storage of any data or material that is in violation or regulation of any law is prohibited. This includes but not limited to: copywritten material, trademarks, or any other illegal content including: MP3s, Movies, Pirated Software, and Hacker Programs. Warez, image/file dumps, mirrors Sale of controlled substances, IP Scanning, brute force programs and spam scripts.

Traffic Usage

All account plans come with a predetermined amount of traffic allowance. Services may be suspended upon going over the services allocated bandwidth. Additional bandwidth may be purchased at any time.

If your service does not describe a bandwidth transfer limit you are determined to be on a Fair-Use Port. You will stay below 100mbps per month (a limit of 33tb).

Server Abuse

Any attempt to undermine or cause harm to a server or customer of PlasmaRack is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without a chance of refund.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of PlasmaRack must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing

Accounts will not be activated until the first month's payment is received and the account is verified. Users will receive invoices via email at least one week prior to the service due date. Invoices must be paid on or by the date of the invoice. Failure to pay the invoice on time will result in account suspension. Accounts that are past due are subject to termination. If an account is terminated all data will be terminated and will not be recoverable. PlasmaRack is not responsible for any data loss due to non-payment.

Affiliate Payouts

All affiliate payments are made either on the 1st or the 15th of each month. Payouts will be subject to manual review.

Credit Card Policy

Additional verification for orders paid via credit card may be required. Verification includes a copy of the photo ID and credit card used at the time of purchase. If the account is not verified we reserve the right to cancel the order. All credit card payments are billed automatically on the service due date.

Fees

Late Fee Policy: Payments are considered past due 1 day after the due date. Accounts that become past due are subject to a 15% late fee that will be applied to the service invoice. The late fee must be paid prior to the service being reactivated.

Cancellation Fee: For any reason on a cancellation without proper notice or contact you will be given a surcharge for 25% as a cancellation fee.

Server Abuse Fee: PlasmaRack has a zero tolerance for abuse. As such any abuse complaint received will be charged a fee of $40 USD/IP/Incident.

By the Account Activation Date of each month, PlasmaRack shall either:

debit the client’s credit card (when such information has been provided by the client); or
deliver, by email or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to PlasmaRack by no later than the specified payment due date. PlasmaRack shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an email notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Money back guarantee & refund policy

We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.

Cancellation Refunds

We DO NOT refund partial monthly fees to accounts. We require 30 days’ notice for a cancellation.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability

PlasmaRack shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from PlasmaRack servers going off-line or being unavailable for any reason whatsoever. Furthermore, PlasmaRack shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of PlasmaRack’s servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these Acceptable Use Policies should be referred to [email protected]. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

PlasmaRack cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by PlasmaRack are resold. Thus, certain equipment, routing, software and programming used by PlasmaRack are not directly owned or written by PlasmaRack. Moreover, PlasmaRack holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as PlasmaRack sees fit.

Account Activation

By activating your account with PlasmaRack, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by email or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee

PlasmaRack guarantees 99.99% service (http, ping, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a prorated amount for the duration of excessive downtime.

PlasmaRack reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.