Terms of Service
Last updated: April 2025
These Terms of Service ("Agreement") govern your purchase and use of dedicated server hosting and related services ("Services") provided by RackLot. By ordering or using our Services, you agree to be bound by these terms. We reserve the right to modify this Agreement at any time by posting a revised version; continued use constitutes acceptance.
1. Eligibility
Services are available only to individuals at least 18 years of age capable of forming a legally binding contract. Corporate representatives warrant they have authority to bind their entity.
2. Service Term and Billing
2.1 Term. Agreements begin with the initial term selected at checkout and automatically renew unless cancelled per Section 2.2.
2.2 Cancellation. Monthly dedicated server cancellations require 24 hours notice before renewal. Colocation or custom-contract cancellations require 30 days written notice via the client portal or support ticket.
2.3 Termination by RackLot. We may terminate with five (5) business days written notice, or immediately for material breach.
2.4 Fees and Taxes. You agree to pay all applicable fees plus any applicable federal, state, or local taxes.
2.5 Payment. Full payment is required prior to service activation. Late payments are subject to a 10% fee per billing cycle. Failure to maintain valid payment information may result in suspension.
2.6 Chargebacks. Initiating a chargeback without first contacting support may result in immediate suspension and account termination.
2.7 Refunds. All payments are non-refundable unless otherwise required by applicable law or explicitly stated in writing by RackLot at time of purchase.
3. Acceptable Use
3.1 Lawful Use Only. Services may only be used for lawful purposes. You are solely responsible for all content, data, and activity on your servers.
3.2 Prohibited Activities:
- Sending unsolicited bulk email (spam) or operating open mail relays
- Hosting or distributing malware, botnets, phishing infrastructure, or unauthorized access tools
- Conducting DoS/DDoS attacks or network abuse
- Distributing pirated software, unlicensed media, or infringing materials
- Any activity violating U.S. federal law, Texas state law, or laws of the jurisdiction where your servers are located
3.3 Backups. You are solely responsible for backing up all data. RackLot does not maintain backups and is not liable for any data loss.
3.4 Bandwidth and Resources. Use exceeding allocated limits incurs additional charges at published rates.
4. Enforcement
RackLot may investigate suspected violations and suspend access without credit during investigations. We reserve the right to remove violating content and terminate accounts. Terminated accounts data may be permanently deleted. No refunds apply for enforcement actions. We may access or disclose information as required to comply with legal process or protect our infrastructure.
5. Intellectual Property
You grant RackLot a limited, non-exclusive license to host and transmit your content solely to provide Services. All RackLot software, systems, and materials remain RackLot exclusive property. Unauthorized copying or reverse engineering is strictly prohibited.
6. Warranty Disclaimer
SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." RACKLOT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RACKLOT AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR REVENUE. RACKLOT MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED AMOUNTS PAID IN THE 30 DAYS PRECEDING THE CLAIM. ALL CLAIMS MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENT OR BE PERMANENTLY WAIVED.
8. Service Interruptions
RackLot is not liable for temporary interruptions from scheduled maintenance, hardware failure, network outages, or events beyond our reasonable control. We will make reasonable efforts to provide advance notice of scheduled maintenance.
9. Indemnification
You agree to defend, indemnify, and hold harmless RackLot and its affiliates, officers, employees, and agents from any claims, liabilities, damages, costs, and expenses (including reasonable attorneys fees) arising from your use of the Services in violation of this Agreement, your content or data, or your infringement of any third-party rights.
10. Confidentiality
Each party agrees to keep confidential proprietary information disclosed by the other party and to use it only for Agreement purposes. This obligation survives two (2) years after termination.
11. Miscellaneous
11.1 Governing Law. This Agreement is governed by the laws of the State of Texas. Disputes shall be submitted to binding arbitration in Dallas County, Texas.
11.2 Entire Agreement. This Agreement constitutes the entire understanding between you and RackLot regarding the Services.
11.3 Assignment. You may not assign this Agreement without RackLot prior written consent. RackLot may assign without restriction.
11.4 Severability. If any provision is found unenforceable it will be severed; remaining provisions continue in full force.
11.5 Notices. Notices to RackLot must be sent to legal@racklot.com. Notices to you will be sent to the email on file.
11.6 Hardware. RackLot is not responsible for loss, damage, or theft of customer-owned hardware in our facilities. Customers assume full responsibility for hardware replacement costs.
Contact
legal@racklot.com — RackLot, Dallas TX
