RAC Hosting Terms of Service

Last Updated: August 1, 2025

Welcome to RAC Hosting! These Terms of Service ("Terms," "TOS") govern your use of the web hosting, web design, and other services (collectively, the "Services") provided by RAC Hosting ("we," "us," or "our"). By purchasing, accessing, or using our Services, you agree to be bound by these Terms.

Please read these Terms carefully. This is a legally binding agreement.

1. Services Provided

a. Web Hosting: We will provide web hosting services according to the specific plan you have selected. We will use commercially reasonable efforts to provide a 99.9% uptime, but we do not guarantee that the service will be uninterrupted or error-free. Scheduled maintenance will be announced in advance whenever possible.

b. Web Design: For web design services, the specific scope, deliverables, timelines, and costs will be outlined in a separate Web Design Agreement. That agreement will be incorporated by reference into these Terms.

c. Domain Registration: If you register a domain name through us, you are also subject to the terms and conditions of the relevant domain name registrar.

2. Your Account and Responsibilities

You are responsible for maintaining the confidentiality of your account login information, including your password. You are solely responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. You must provide accurate and current information when creating your account and keep this information updated.

3. User Content and Acceptable Use

a. Content: You are solely responsible for all content, data, and materials ("User Content") that you upload, post, publish, or display on or through our Services. This includes the legality, reliability, and appropriateness of your User Content. We do not pre-screen User Content, but we reserve the right to remove any content that violates these Terms or is otherwise objectionable.

b. Acceptable Use Policy: You agree not to use the Services to:

• Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

• Engage in any activity that is illegal under local, state, national, or international law.

• Transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

• Engage in spamming, sending unsolicited emails, or any other form of mass commercial advertising.

• Infringe upon the intellectual property rights of others, including copyrights, trademarks, and patents.

• Host or distribute adult content, including pornography or sexually explicit material.

• Utilize an excessive amount of server resources (CPU, memory, etc.) that results in performance issues for other customers. We will notify you if your usage is deemed excessive.

Violation of this Acceptable Use Policy may result in the immediate suspension or termination of your Services without a refund.

4. Payment, Billing, and Refunds

a. Fees: You agree to pay all fees for the Services as specified at the time of purchase. All fees are non-refundable, except as expressly stated in our Refund Policy.

b. Billing Cycle: Services are billed on a recurring basis (e.g., monthly, annually) as selected by you. Your payment method will be automatically charged at the beginning of each billing cycle.

c. Price Changes: We reserve the right to change our prices at any time. We will provide you with at least thirty (30) days' notice of any price changes. Your continued use of the Services after the price change constitutes your agreement to pay the new amount.

d. Late Payments: A late fee of 5% or $5.00, whichever is greater, will be assessed to your account if it is not paid by the due date. If payment is not received within seven (7) days of the due date, your account will be suspended. If payment is not received within thirty (30) days, your account may be terminated, and all data will be permanently deleted. If you have reason to believe that your payment will be late, please reach out to us proactively as we may extend the time prior to account suspension/termination (our decision on extending this courtesy will be based on client history and circumstances).

e. Refund Policy: We offer a 7-day money-back guarantee for new web hosting accounts. This guarantee does not apply to domain registrations, SSL certificates, or web design services.

5. Term and Termination

a. Term: This Agreement will remain in effect until terminated by you or by us.

b. Termination by You: You may terminate your account at any time through your client control panel.

c. Termination by Us: We may suspend or terminate your account and access to the Services at our sole discretion, without prior notice, for any reason, including, but not limited to, a breach of these Terms.

d. Effect of Termination: Upon termination, your right to use the Services will immediately cease. We will not be liable for any damages resulting from the termination of your account, and we are not obligated to save or forward any of your User Content.

6. Intellectual Property

a. Your Content: You retain all ownership rights to your User Content. By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display your User Content solely for the purpose of providing the Services.

b. Our Property: All content and materials available on the RAC Hosting website (https://rachosting.com), including but not limited to text, graphics, website name, code, images, and logos, are the intellectual property of RAC Hosting and are protected by applicable copyright and trademark law.

c. Web Design: For web design projects, upon full and final payment, we grant you a license to use the final website design. We may retain the right to use the design in our portfolio and for marketing purposes, as detailed in the separate Web Design Agreement.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." RAC HOSTING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

8. Limitation of Liability

IN NO EVENT SHALL RAC HOSTING, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold harmless RAC Hosting and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

10. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of Indiana, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms will be resolved through binding arbitration in Richmond, Indiana, in accordance with the rules of the American Arbitration Association.

11. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.

12. Contact Information

If you have any questions about these Terms, please contact us at:

RAC Hosting

Email: admin@rachosting.com
Website: https://rachosting.com/submitticket.php