This AUP is applicable with all RackCo accounts and your service may be suspended or terminated for violation of this AUP.
Inquiries regarding this policy or any actions taken should be directed to abuse@RackCo.com.
- Unauthorized access of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or any attempt to breach security or authentication measures without express authorization of the owner of the system or network,
- Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network in question,
- Interference with service to any user of the RackCo or other networks including but not limited to, mail bombing, flooding, deliberate attempts to overload a system or network or to broadcast any type of attacks,
- Use of another persons account without the owner’s authorization,
- Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including but not limited to, phishing, password theft, spidering, Internet scamming, and harvesting),
- Collecting or using information without the express consent of the owner of the information in question,
- Use of any false, misleading, or deceptive TCP-IP packet header information in e-mail or newsgroup postings,
- Use of the service to distribute software that covertly (malware, spyware, etc.) gathers information about a user or covertly transmits information about the user,
- Use of the service for distribution of advertisement delivery software unless the following is met:
- The user consents to the download and installation of such software based on a clear notice of the nature of the software, and
- The software can easily be removed by use of tools for such purpose included on major operating systems, (like Microsoft’s “ad/remove” tool), or
- Any conduct that is likely to result in retaliation against the RackCo network or it’s website, any of RackCo’s employees, officers or agents, including engaging in behavior that results in any server being targeted for a denial of service attack (DoS).
You may not use RackCo’s network or equipment to download, publish, distribute, or copy in any manner any text, music, software, art, image, or other work protected by copyright law unless:
- you have been expressly authorized by the owner of the copyright for the work to copy the work,
- you are otherwise permitted by United States copyright law to copy the work in that manner.
RackCo may terminate the service for copyright infringment.
Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe a person using the RackCo network is infringing your copyright, please send your written notice of copyright infringement to:
AxxaCommerce, LLC dba RackCo.com
3 Canale Drive
Egg Harbor Township, NJ 08234
Your notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly copyrighted materials believed infringed,
- Identification of the copyrighted work or works claimed to have been infringed, a list of such works on that site,
- Identification of the material that is claimed to be infringing and information sufficient to permit RackCo to locate the material,
- Reasonable information sufficient to permit RackCo to contact you, address, telephone number, and or an e-mail address,
- A statement that you have a good faith belief that use of the material complained of is not authorized by the owner of the copyrighted materials, the copyright owner’s agent, or the law,
- A statement that the information in the notification is true and accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of the copyrighted materials in question.
You must take reasonable security precautions in your use of any RackCo services. You must protect the confidentiality of your password(s), we recommend you change passwords periodically.
A compromised server is potentially disruptive to RackCo’s network and it’s other customers. RackCo may take your server off line if it is accessed or controlled by third party/s without your consent.
You may not publish or transmit using RackCo’s network and equipment any content or links to any content that RackCo has reason to believe,
- Constitutes, fosters, or promotes child pornography,
- Incites violence, is excessively violent, threatens violence, or contains harassing content or hate speech,
- Is unfair or deceptive under the consumer protection laws of any jurisdiction, including pyramid schemes and chain letters,
- Is defamatory or violates a person’s privacy,
- Causes a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement,
- It exposes trade secrets or other confidential or proprietary information of another person,
- You are attempting or assisting others in defeating technical copyright protections,
- Infringes on another person’s copyright, trade or service mark, patent, or other property right,
- Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal firearms trafficking,
- Is illegal or solicits conduct that is illegal under laws applicable to you or to RackCo, or
- Is malicious, fraudulent, or may result in retaliation against RackCo by offended viewers.
Cooperation with Investigations and Legal Proceedings RackCo may, without notice to you:
- Report to appropriate authorities any conduct by you that it believes violates applicable criminal law.
- Provide any information it has about you in response to a formal or informal request from a law enforcement or government agency or in response to a formal request in a civil action that meets the requirements for such a request.
- You agree that if the RackCo IP numbers assigned to your account are listed on Spamhaus, Spews, or other abuse databases and or lists, you are in violation of this AUP and RackCo may take reasonable action to protect its IP numbers, including suspension and or termination of your Service or account, regardless if the IP numbers were listed as a result of your actions.
- You must have valid and maintain current information on file with your domain name registrar for any domain hosted on the RackCo network.
- You may only use IP addresses assigned to you by RackCo staff with your RackCo services.
- You must have current valid contact information listed on your account.
Bulk or Commercial E-Mail
Anyone using any of RackCo’s services must comply with the CAN-SPAM Act of 2003 and all other applicable laws and regulations applicable to bulk or commercial e-mail. In addition, you must obtain RackCo’s prior approval for any bulk e-mail. Approval will not be given unless you are able to show you are following all the following in a reasonable manner.
- The intended recipients have given prior consent to receive e-mail via some means, such as opt-in procedures,
- Your methods of soliciting consent include reasonable means to ensure that the person giving permission is the owner of the e-mail address you are sending to,
- You must keep evidence of the recipient’s permission in a manner that may be promptly be produced on request, and you honor recipient’s and RackCo’s requests to produce proof of permission within 72 hours of receipt of the request from the recipient or RackCo.
- You have methods in place that allow a recipient to remove their permission like a link in the body of the email, or instructions to reply with the word “Remove” in the subject line, you must honor the request within 48 hours, and you must notify the recipient that their permission status will be changed within 48 hours,
- You must post an e-mail address for complaints (email@example.com) in an obvious place on any Web site connected with the e-mail, you must register that address at abuse.net, and you must respond promptly to messages sent to that address,
- You must have the means to track anonymous complaints.
- You may not obscure, hide or alter the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the email or in the “TO” line of the e-mail.
- You may not do structure emails to avoid, bypass or evade filters setup by the recipients to avoid bulk emails.
These policies apply to messages sent using your RackCo service and or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an e-mail address hosted via your RackCo service. In addition, you may not use a third party e-mail service that does not follow similar procedures for all its customers. These requirements apply to distribution lists made by third parties to the same as if you created the list.
RackCo may test and or monitor your compliance with its requirements and may block the transmission of e-mail that violates these provisions.
You may not probe or attempt to probe, scan, access or test the vulnerability of a RackCo network or breach RackCo’s security or authentication measures, by passive or intrusive means without RackCo’s express written consent. This includes and is not limited to port scanning of any kind.
Newsgroup, Chat Forums, Other Networks
You must comply with all the rules for postings to any bulletin board, message board, chat group or other forum in which you participate, such as IRC and USENET groups including all their rules for content and commercial posts. These groups normally prohibit the posting of off-topic commercial messages or mass postings to multiple forums.
You must follow all the rules of any network you access or take part in using your RackCo services.
Results of Violation of AUP
RackCo may without notice to you, suspend your service and or remove any content transmitted by the RackCo service provided if it discovers facts that lead RackCo to believe your service is being used in violation of this AUP. You must cooperate with any of RackCo’s reasonable investigation attempts of any suspected violation of the AUP or any suspected security breaches. RackCo will attempt to contact you prior to suspension of network access to your server(s) or services but prior notification is not required.
You are responsible for the violation of this AUP, including violation by any of your customers, clients, affiliates or partners and including violations that occur due to unauthorized use of your service.
RackCo may charge you an hourly rate for AUP breach recovery (currently $250.00) plus the cost of equipment and material needed to investigate or respond to any suspected violation of this AUP, repair any harm caused to RackCo or to any of its customers by the violation, responding to complaints including complaints under the Digital Millennium Copyright Act, respond to subpoenas and other third party requests for information and have RackCo’s IP numbers or one of RackCo’s providers IP’s removed from any abuse list or database. No credit will be given under your RackCo Service Level Agreement for disruption of service resulting from violations of this AUP.
RackCo accepts no responsibility for your actions or actions resulting from your actions related to this AUP.
RackCo reserves the right to refuse service to any person or company for any reason.
Changes to AUP
The Internet is still evolving and the ways in which the Internet may be abused are also still evolving. Therefore we may change this AUP without notice to protect our customers and or others.