Terms of Service
Introduction
This Term of Service (TOS) is provided by Wowrack in order to protect Wowrack's customer as well as to provide Wowrack the ability to operate a fast and high availability Hosting Service.
Policy Modification
This Terms of Service is not an all inclusive exhaustive list. Wowrack reserves the right to make changes to our Terms of Service at any time as deemed necessary. Changes to the Terms of Service take effect 30 days upon the new TOS revision being posted in our website at http://www.wowrack.com in the policies section. Any customer who does not contest to the new policy by emailing to sales@wowrack.com within 30 days of newly published version of the TOS, has tacitly agreed to abide by the updated TOS.
Customer that disagrees with the updated terms of service must email sales@wowrack.com with their disagreement. If a mutual agreement of the newly published TOS cannot be established after 30 days, customer may cancel service with Wowrack without incurring any penalty by emailing to sales@wowrack.com to request the cancellation. Pending the mutual agreement, the previous TOS will prevail.
Reseller relationship to Wowrack
All resellers are independent entities that have no relationship with Wowrack other than to resell Wowrack product and services.
Prohibited Content
All services provided by Wowrack may only be used for lawful purposes. All illegal contents are prohibited from Wowrack network. This includes, but is not limited to: distribution of copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. Customer agrees to indemnify and hold harmless Wowrack from any claims resulting from the use of the service that damages the subscriber or any other party.
Examples of unacceptable content, activities or links:
. Pirated software
. Wares sites
. Hacking activity
. Port scanning
. Irc Bots
. Hate Sites
. Hacking Programs and archives
. Bit torrent
. Child Pornography
. Adult content
. Email bombing
. Email Spammers
. Spoofing
. Forging packet headers/routing information
. Flood pings
. Introducing malicious programs into Wowrack's network or server
. Spamvertised Site
Policing server content
Wowrack does not police the content of any server that is in our network. If you know anyone hosting prohibited content in our network, please report it to abuse@wowrack.com. Wowrack will immediately investigate the complaint.
3rd party mass mailers
WOWRACK DOES NOT ALLOW 3RD PARTY MASS MAILERS IN OUR NETWORK. Definition of 3rd party mass mailer is a company or a person that does mass mailing for other companies other than sending emails to their own customers. Any customer who uses their server and/or accounts for 3rd party mailing will have their account terminated immediately. All fees and pre-paid services will not be refunded.
MASS Mailers
We take great care in keeping our IPs clean from being blacklisted by organizations such as spamhaus. This is the only way we can guarantee that your email recipient receives the email you send from your server inside Wowrack's network. If you plan to do mass mailing (sending out lots of emails on an ongoing basis), you must let us know before using our network for mass mailing purpose. You must comply with CAN-SPAM Act of 2003. All of the email in your list must be confirmed opt-in. You must maintain complete and accurate records of all consents and opt-ins information and must be able to provide Wowrack with such records upon request at any time. If you are not able to provide this information when requested, we may immediately block your server's ability from sending out email and possibly terminate your account completely.
We will NOT provide any service to anyone or company that is listed in the ROKSO list (http://www.spamhaus.org/rokso) or any list that shows that you have been spamming. We DO NOT ALLOW SPAMMING and take the SPAMMING issue seriously. We will also not provide service to company or person that often gets listed in spamhaus or any other blacklisting organizations. If we receive spam complaints regarding your server on a consistent basis and Wowrack's IP are negatively affected because of your server's action, we will give you 48 hours notice to move your server to another hosting provider.
Please refer to our "Zero Tolerance Spam Policy" located at http://wowrack.com in the policies section.
Network Abuse
Network abuse is strictly prohibited. This includes, but is not limited to: port scanning, denial of service, network penetration, unauthorized access, sniffing, spoofing, virus deployment, hack attempts and vulnerability scanning. If any customer is found to be performing any kind of network abuses, customer's account may be permanently terminated.
Server Security
Customers are responsible in protecting their own server and password. If for any reason the network security is breached because of customer's server vulnarability, customer will be responsible for the cost of Wowrack's security team to restore the network operation to normal condition.
DDOS or any other Attack
Any server that initiates an attack to other servers within Wowrack's network or to any network outside Wowrack, will immediately be suspended. Customer will be notified upon any service suspension. Any IP in Wowrack's network that gets DDOS attacked which adversely affect Wowrack's network will IMMEDIATELY be null routed. When this happens, customer's server will be inaccessible to and from the Internet. Customers will be notified upon any IPs being null routed. IPs will be un-null routed when the attack subsides. Customer must investigate the cause of the attack and inform Wowrack support that the cause of the problem has been taken care off. Owner of the IP that was attacked will be billed for the network technician time to deal with the DDOS attack.
Any bandwidth overage dues to DDOS attack will be billed to the customer.
Hardware Maintenance
Wowrack is responsible for hardware failure of our dedicated servers. We will replace your malfunctioning hardware as soon as possible. For more info regarding hardware replacement, please refer to our Service Level Agreement (SLA) policy located at http://wowrack.com in the policies section.
Data Content and Protection
Since all servers are constantly connected to the Internet, please be aware that the content on the servers might be exposed to hacker attacks, viruses or other adverse attack outside of our control. For these and many other reasons, customer may loose the whole content of his/her server(s). Customers are thus advised to backup data to an external server and/or off-site location. We back-up our virtual hosting servers on a daily basis. However, Wowrack will not be liable for lost data even if backups were created.
Server Uptime
Wowrack is committed to provide the best uptime possible for all dedicated and colocated servers in Wowrack facility. However, due to many factors that may be out of our control, customers are thus advised that their service may be down (cease functioning) for many reasons beyond Wowrack's control. Wowrack will not be responsible for any damages/loss caused by customer's server being down.
For more information about uptime guarantee, please refer to Wowrack's 'Service Level Agreement' (SLA) policy located at http://wowrack.com in the policies section.
IP address
Wowrack follows strict ARIN guidelines in the distribution of IP addresses. Customer has the option of acquiring additional IP addresses with justification. All IPs assigned to customers must be returned back to Wowrack after cancellation/termination of account/service. For more information, refer to Wowrack's 'IP Address Policy' located at http://wowrack.com in the policies section.
Power usage for co-location
Customer shall not use more than 80% utilization on their power circuit. This means that if customer is given 20 Amp of power circuit, customer may only use up to 16 amps. Customer that uses more than 80% utilization will be required to purchase an additional 20 amp circuit and move the excess power utilization to the new circuit.
Customer may request a power reading on their power circuit at anytime during normal business hours. (one free power reading per 30 days period)
Cabinet and Isle way Security
Customer must close their assigned cabinet at all times. Equipment that sticks out of the racks are not allowed. We will notify customer to close the cabinet door completely and customer must complete our request within a 48 hour period. Failure to comply within the requested time will result in your device being taken offline in order to close the door. Wowrack will not be responsible if there is any problem that arises from shutting down the hardware by unplugging the power cord or if your equipment does not come back up after moving your hardware to close the cabinet door. Customer will be invoiced for the work done by Wowrack's tech.
Data Deletion in Dedicated server and Virtual hosting and VPS
Upon cancellation or termination of service, all of customer's data in Wowrack's hosting servers will be deleted. This includes cancellation and termination due to non-payment.
No Data Deletion for co-located hardware
Wowrack will not delete any data in any collocated hardware even if we need to sell the hardware due to non-payment.
Complaints
All complaints will be promptly investigated. In the case that any account is being investigated, Wowrack reserves the right to suspend, restrict or terminate the account(s) in question. We will deactivate customer's account(s) if Wowrack policies are violated. Please report any violations to abuse@wowrack.com
Customer Support
For fastest response, please send your technical support request to support@wowrack.com. You can also request support by submitting a support ticket located at https://esupport.wowrack.com. Our ticketing system is monitored 24/7 to provide rapid response. Phone support is also available during standard business hours. Emergency support such as service outage is available 24/7 by phone.
Wowrack EMERGENCY contact procedure (15 minute response time guarantee):
1. Call our main Phone: 206.522.4402 option 88 (this option is not offered in the initial greeting, but press 88 anyways)
2. A better option it to submit a trouble ticket using this form: http://noc.wowrack.com/emergency. This way we can avoid any mistake due to voice recognition/clarity issue.
IMPORTANT:
If you get a voicemail, it is VERY important that you leave a message that describes your problem in the voicemail. By doing so, the voicemail will trigger a continuous call to our staff on duty until someone responds to the voicemail. By using the emergency form, it will also trigger continuous calls to our staff on duty.
Automatic email notification
Customer are not allowed to automatically send the alert of their server monitoring to any of Wowrack's email address without prior authorization from Wowrack. Example: if you have a 3rd party monitoring service that pings your server every 5 minutes, the alert should not be sent to support@wowrack.com or any other wowrack's email address.
Start of Service
Online Dedicated server orders are normally setup between 24 - 72 hours after payment is received and verified. In the event that an order shall take longer than 72 hours to setup, we will inform you of the estimated setup time. Start of service for custom dedicated sever may vary due to custom hardware or software availability.
Virtual Hosting orders will be setup within 24 hours after the receipt of full payment.
Co-location provisioning time varies depending on availability of the colo space.
Payments
All setup fees and monthly fees are due in advance before any work is started. Wowrack will not activate any unpaid accounts for any reasons. Customer agrees to pay all calculated fees according to customer's order form submission or according to what has been agreed via email. Support fees are billed at hourly rate and may require advance payment.
If you are a current customer without any past due balance, we may immediately setup additional order without having the need to verify your order from our billing department.
Prorated Payments
Wowrack will prorate all payments to the first of each month. We will charge the full monthly payment on your first invoice and prorate your payments on your second invoice. By your third invoice period, your billing cycle should start on the first of the month.
For instance, if you start your service on March 16th for a monthly payment of $100, your payments will be as follows:
First Month: $100 (March 16 - April 15)
Second Month: $46.67 (April 16 - April 30)
Third month and the months forward: $100 (May 1 - May 31)
Recurring Payments
All credit card payments are charged automatically on the 1st of each month. Our automated system will charge your credit card that has been submitted in the order form and will notify customers of the charge status through e-mail. It is customer's duty to ensure up-to-date credit card information is in our system.
To update your information, please use the payment update form in the support section of Wowrack.com. In the event of declined credit card transaction, a $10 billing convenience fee will be applied to the next credit card transaction. Wowrack billing team will notify you of your failed credit card transaction and work with you to resolve your payment issue. If you do not respond within the next 72 hours after the failed charges notification, we may suspend your service.
All monthly payment is due on the 1st of each month of the service month.
Example: For the service rendered in March (March 1st to March 31st), the payment due date is March 1st.
All non credit card payments are due on the 1st of each month.
Payment Methods
Wowrack accepts Visa (Preferred), MasterCard, American express, Discover, personal / business check, cashier's check, money order, wire transfer, international money order and paypal.
Make checks payable to:
Wowrack.com
Send the check to:
2001 6th Ave, suite 2222
Seattle WA 98121
USA
For Wire transfer information:
Please request wire transfer info by emailing billing@wowrack.com for this request.
Invoices
All invoices are sent electronically via email in a pdf format. A $5 per month fee will be added to customer's invoice that requires a hard copy to be sent to their physical address via snail mail.
Bandwidth Usage and overage fees
All accounts have a set allotment of bandwidth available for use. Any bandwidth usage that is over the limit of the monthly allotment will be charged according to the terms that are set forth in the order agreement or as listed in wowrack.com website. Unused bandwidth may not be carried over to the following month. Wowrack will provide MRTG reading for every dedicated/co-location server/hardware. It is your sole responsibility to monitor bandwidth usage on your equipment.
Customers agree to pay for any extra bandwidth overage fees that their servers/equipment uses. When you have exhausted your allotted bandwidth transfer, Wowrack may immediately issue an invoice for the Bandwidth overage fee which will be due immediately. Failure to make immediate payment on bandwidth overage fee may result in your bandwidth to be throttled/limited or even suspended.
Bandwidth Calculation
Bandwidth is calculated by the following formula:
- For bandwidth that is calculated as "per Gigabyte of data transfer", For example 1000 Gig, the calculation is as follows:
-
Total monthly B/W usage = (Monthly average in + Monthly average out)/8 bits x 60 seconds x 60 minutes x 24 hours x number of days in a month.
-
For instance a server that has a monthly average of 312 kb/s "IN" & a monthly average of 933 kb/s "OUT" in the month of April will be calculated as follows:
-
Total monthly B/W usage = (933+312)/8 x 60 seconds x 60 minutes x 24 hours x 30 days = 404 GB
-
For bandwidth that is calculated as "X" Mbps (95%tile), then there is no calculation involved. The MRTG graph will tell you exactly what your monthly 95%tile is.
Server/service ownership transfer
Wowrack allows customer to transfer ownership of your server to another entity. There is a $75 one time administrative fee for doing this. Please contact sales@wowrack.com to request ownership transfer.
Billing and Customer Information updates
Customers are responsible for updating their own information including address changes, email address changes, server owner changes and billing information changes. To update your information, you can either contact your account manager, email billing@wowrack.com or use the "payment update form" located at Wowrack.com in the support section. Failure to update your information can hinder Wowrack contacting you incase of problems which can lead to interruption of your service.
Price changes
Wowrack reserves the right to change the price of any services at any time. Current customers will not be affected by the price change. In the event that current customers will be affected by the price change, Wowrack will give a 30 days notice to current customers to either agree or cancel their service with Wowrack. Customers with a term contract will not be affected by the price change throughout the contract period.
Cancellation
You may cancel your month to month contract hosting services with 20 days advance notice. You must use the cancellation request form located at http://Wowrack.com/support. Any other method of cancellation submission will not be honored and is deemed invalid. Wowrack will not reimburse/refund or pro-rate any fees should you decide to cancel your service(s) before the end of a prepaid term, regardless of the reason for cancellation.
Wowrack will not refund setup fee(s) for the cancellation of any accounts.
Cancellation of contract agreement is subject to 50% of the remaining value of the contract. Some contracts may not be cancelled early regardless of the reasons. Please consult your account manager to determine if your contract qualifies for early cancellation.
Co-location hardware shipment
Before customer ship any hardware to Wowrack facility for collocation, customer must open a ticket to track the shipment. Once the hardware has arrived in Wowrack facility, wowrack will store it up to 1 week free of charge. If you need Wowrack to store it for a longer duration, there will be a storage fee charged to your account.
Co-location Non Payments
In addition to Wowrack standard non-payment procedure, Wowrack will not return co-location customer's equipment(s) until all outstanding balance has been fully paid. If an outstanding balance is not settled after 30 days, Wowrack reserves the right to sell or discard co-location equipment.
All sales of customer's equipment will go towards the payment of the balance. If the sale of the equipment is not enough to cover the outstanding balance owed to Wowrack, Wowrack will turn over the outstanding balance to a collection agency. When this happens, customer's credit history may be negatively affected. From the time customer cancels their server or after Wowrack terminate your collocation account, customer will be billed for the storage of their equipment that is left in Wowrack's space at a fees of $10/U/month. Additionally, Wowrack will also charge customer for the disposal fee of customer's equipment.
Wowrack will not delete any of the data in customer's equipment that is put up for sale or discarded due to non-payment.
Late or Non Payment
Any account/service that is unpaid by the 5th day after the due date will result in notice of service suspension. Re-activation fee is $25 per dedicated server; per individual hosting account and per co-location account. Wowrack will not be responsible for any damages caused by the suspension of your service due to non-payment and/or late payment. Wowrack will permanently delete any account that is 15 days past due. This includes reformatting of hard disk in dedicated server account. Wowrack will invoice any outstanding balance to the customer. Wowrack will submit customer's account to a collection agency if necessary in order to redeem any outstanding balances. When this happens, customer's credit history may be negatively affected.
Suspension of Service
Should you violate any part of Wowrack TOS, we reserve the ultimate right in the decision to suspend your service and launch a thorough investigation. Customers may be billed for additional charges should our investigation finds that you have indeed violated Wowrack's TOS. Investigation rate is billed at an hourly rate of a 2nd Level Support Engineer.
Collection Agency
Any charges that remain outstanding for more than 60 days will be turned to collection agencies for collection. Should this occur, customer will be charged with the applicable collection fee(s) from the Collection Agency. When this happens, your credit rating will be negatively affected.
Limited access to co-located equipment
Wowrack reserves the right to refuse, cancel, suspend, provide limited access to co-located equipment and requires customer to be escorted at all times to access customer's co-located equipment at Wowrack's sole discretion.
No access to co-located equipment
Wowrack reserves the right to not allow customer to take out customer's equipment if we know that customer is attempting/contemplating to bail out of customer's contract without officially cancelling the contract first.
Refusal of Service
Wowrack reserve the rights to refuse service, cancel, suspend or provide limited access to anyone at Wowrack's sole discretion.
Complaints
All complaints will be promptly investigated. In the event your account is being investigated, Wowrack reserves the right to suspend, restrict or terminate the account(s) in question. We may deactivate customer's account(s) if Wowrack deems that this TOS is violated. Please report violations to abuse@wowrack.com.
Typographical error in website and agreement
Wowrack will not be held responsible for any typographical error in any of Wowrack's agreement or website. We will make every effort to correct known errors as quickly as possible. Please email sales@wowrack.com to report any typographical error.
Business Hours
9:00 am to 6:00 pm P.S.T Monday thru Friday (excluding holidays)
Holidays
New Years Day - January 1
Martin Luther King Day - 3rd Monday of January
Memorial Day - May 29
Independence Day - July 4
Columbus Day - October 10
Veteran's Day - November 11
Thanksgiving Day - November 24
Christmas Eve - December 24
Christmas Day - December 25
New Year's Eve - December 31
Support Request:
Support that is requested during business hours is calculated in 30 minutes increments.
Support that is requested after business hours and on holidays is calculated in 1 hour increments with a 2 hours minimum.
If you have prior arrangements such as if you subscribe to our "managed services" then you will not be billed for your support request unless you have depleted your allotted support quota. For support fee information, please refer to our website or your contract.
Wowrack will act as the sole arbiter as to what constitutes a violation of the condition/s stated in this TOS.
'Server down' Procedure (Emergency note)
By default, all of Wowrack's dedicated servers (not co-located servers) are monitored by our monitoring server which pings the main IP of each of your dedicated servers.
When our NOC is alerted by our monitoring server that your server is down, we will look at the "emergency note" in omega (omega is Wowrack's customer portal which you will have access as soon as your account is ready) and follow the instruction that is in the emergency note in omega.
If customer has not updated their "emergency note", then we WILL AUTOMATICALLY REBOOT YOUR SERVER and send an email to notify you of what we did.
If the server still does not come up after 15 minutes, our data center staff will be dispatched to take a look at the server physically to make sure the hardware is ok.
If the problem turns out to be hardware related, Wowrack will fix the hardware asap and customer will not be billed for any support fees.
However, if the server does not come back up because of software issue or OS issue and the server is not managed by Wowrack, then Wowrack will attempt to get the server back up and running and customer will be billed an hourly fee for this support incident. (Wowrack will only spend up to 1 hour working on your server if your server is down and you have not contacted us to request us to continue working on troubleshooting your server)
In case the server fix requires a password and we don't have the needed password, we will try to contact you via telephone and email and wait for further instruction from you.
If the event of hardware failure, Wowrack will only reinstall the OS and control panel (if control panel was initially installed before the hardware failure). There will be a support fee charged to your account incase an OS reinstall is needed. Data restoration will be customer's responsibility. In case of hard drive failure, Wowrack will not attempt to recover the data from the failed HD.
This box only applies to customers with unmanaged dedicated server. If you have a managed server, disregard this box.
Initial here to acknowledge that you agree to pay an hourly support fee for Wowrack to troubleshoot your unmanaged server as soon as Wowrack finds that your server is down. If this box is not initialized, Wowrack will not monitor your unmanaged dedicated server. The only way we will perform any support for your server is if you request support from us.
Initials: ________
SLA requirement
In order for Wowrack SLA policy to be enforceable, you must agree to allow Wowrack to monitor your server and respond to the server alert as soon as possible when an alert goes off. This is the only way we can provide the uptime that we promise in our SLA. If you don't allow Wowrack to monitor your server, you will not be able to request any SLA Credit.
Rights to Damages
Wowrack has the right to claim economic damages from customer if customer violates Wowrack's Terms of Service and causes Wowrack an economic loss.
Indemnification
Customer agrees that customer shall not hold Wowrack liable of any claims, liabilities, losses, costs, damages, expenses, including attorneys' fees and court costs that arise from any judgments directly or indirectly created by the services of Wowrack to the customer.
Limited Liability
Wowrack shall not be liable under any circumstances for any damages the customer's businesses may suffer for any reason, even if Wowrack has been advised of the possibility of such damages. If a problem occurs that is within Wowrack's control, we will issue credits based on the length of the downtime according to the customer's service plan. For more information on service credit and uptime guarantee, please refer to Wowrack's SLA at http://wowrack.com in the policies section.
As the Internet is unpredictable, customers are aware that network availability is not guaranteed to be 100% available. Wowrack shall not be liable for any claims resulting from downtime, corruption or deletion of any website or data and loss of revenue.
Governing Law
This Agreement shall be governed in the State of Washington. Any litigation will be settled in King County, Washington.
Cooperation of Authorities
Wowrack will fully cooperate with any law officials for any illegal activity that customer attempts/performs using Wowrack services.
Excused Performances
Wowrack shall not be responsible for any delay resulting directly or indirectly from natural disaster such as fire, shortages of facilities, act of civil or military authority, catastrophes, or any other circumstances beyond Wowrack's reasonable control. In case this happens, the customers will have to make arrangements with Wowrack to defer the service to a mutually agreed date and time.
Severability
If any of the provision in this Terms of Service is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the other remaining provisions shall not be affected.
Entire Agreement
This Agreement supersedes all prior and current, oral or written understandings and agreements between Wowrack and the customer involved. Any prior statements that are not written in this agreement, even if they are promised orally or written are deemed void. Customers hereby acknowledge and will abide by all the rules set forth in this agreement.
Additional Policies
The following policies below should be read in conjunction to Wowrack's Terms of Service (TOS):
1) Billing Policy
2) IP Address Policy
3) Service Level Agreement Policy (SLA)
4) Privacy Policy
5) Zero Spam Tolerance Policy
These policies can be found at Wowrack.com's website under the policies section. Customer hereby represents and warrants that customer has read, understood and agreed to Terms and conditions set forth in the above policies which can be found at wowrack.com website under the policies section.
These terms and conditions also applies to ALL party that uses Wowrack's service directly or indirectly including wowrack's reseller's clients and Wowrack's customer's users. Resellers should not make policy or any kind of agreement for/to their clients that would contradict the policies set forth here.
Mailing Address:
Wow Technologies, Inc
Wowrack.com
2001 6th Ave
Suite 2222
Seattle WA 98121
USA
Phone: 206.522.4402
Fax: 866.969.8878
Service Level Agreement
Introduction
Wowrack believes in providing excellent customer satisfaction to each and every one of our customers. We understand the importance of your server or website availability on the Internet and we will take every measure that we can in order to provide excellent level of service that stand amongst the best in the industry. We have remedied the following service level agreement (SLA) in order to ensure maximum performance and uptime. This SLA is provided to all Wowrack hosting services at no additional costs.
Network Uptime
Wowrack guarantees that our network will be available 99.9% of the time in a given month. Network uptime is defined by the availability of all Wowrack network infrastructures that includes network hardware such as routers, firewalls, switches and cabling essentials to the operations of your server. Wowrack considers our network as down when there is 100% packet loss between our network and the Internet. Network downtime is measured from the time Wowrack acknowledges the network blackout to the time when the server is once again available to the Internet.
Subject to Sections 'Exceptions & Credit request' below, upon Customer's request; Should network availability drops under 99.9%, Wowrack will credit customer 5% of the base monthly fee for every hour of downtime (up to 100% of customer's monthly fee).
Infrastructure Uptime
Wowrack guarantees that our infrastructure will be available 100% of the time in a given month. We guarantee the availability of critical infrastructure systems required to operate your server which includes power, HVAC, UPS, PDU and cabling. Infrastructure downtime is measured from the time Wowrack acknowledges the infrastructure unavailability to the time when the server is once again powered on.
Subject to Sections 'Exceptions & Credit request' below, upon Customer's request; Should infrastructure availability drops under 100%, Wowrack will credit customer 5% of the base monthly fee for every hour of downtime (up to 100% of customer's monthly fee).
Hardware Guarantee
Wowrack guarantees the maintenance of all of our hosting servers which includes virtual and dedicated servers. Wowrack shall initialize the replacement of faulty hardware within 2 hours from the time we acknowledge the problem. In the event of unavailability of identical hardware, Wowrack shall replace the faulty hardware with temporary similar hardware in order to make the server operational again. Upon the arrival of replacement hardware, we will notify the customer regarding the option of either replacing the hardware or keeps the server running with the temporary hardware. Hardware is defined as: CPU (processor), CPU (processor) fan, RAM (memory), Motherboard, IDE/SCSI hard drive, video card, power supply, and other related hardware specified during server order.
Subject to Sections 'Exceptions & Credit request' below, upon Customer's request; Should Wowrack fails to replace faulty hardware within the 2 hour guarantee, Wowrack will credit customer 5% of the base monthly fee for every hour of downtime (up to 100% of customer's monthly fee).
Server Monitoring
Wowrack provides 24/7 Wow-Watch basic monitoring service to all dedicated servers in our datacenter. Our monitoring system will ping your server for uptime availability every 3 minutes. Should your server becomes unreachable, our technicians will be automatically notified by SMS or pager to investigate the cause of the problem.
Email Support Guarantee
Wowrack guarantees 2 hour email support response time for managed services customers. Managed services are defined at the time of server order. In most cases, customer will have to incur additional fees for Wowrack managed services. All other customers are guaranteed 24 hour email response time at support@wowrack.com.
Subject to Sections 'Exceptions & Credit request' below, upon Customer's request; Should Wowrack fails to respond within the time limit of the support guarantee, we will credit customer 5% of the base monthly fee for any unanswered emails sent to Wowrack managed support or standard support at support@wowrack.com within the time guarantee. Customer is only entitled to 1 credit per 24 hour period regardless of how many emails he/she sent. Customer is entitled to a maximum of 5 credits per month.
Exceptions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of service operations caused by or associated with:
- Conditions beyond our reasonable control resulting directly or indirectly from acts of any governmental body, war, terrorism, sabotage, insurrection, embargo, strike or other labor disturbances, interruption in traffic or transportation, interruption or delay in telecommunication or third party services, natural disaster or catastrophes, fire, flood, facility power shortages, disturbance in the ability to obtain raw material or supplies, inability to obtain third party software and hardware and any other circumstances beyond our reasonable control in order to provision this SLA.
- Failure of data or telecommunication circuits caused by provider's faulty network.
- Scheduled and emergency network maintenance or software / hardware upgrade.
- Network or Internet security breaches including virus/worm attack, denial of service & misuse of service by authorized/unauthorized users.
- DNS or email issues beyond direct control of Wowrack.
- Failure of customer's own equipment.
- Customer's act of omissions or act of omissions of others associated, authorized or unauthorized by customer, including without limitation, any negligence, willful misconduct, breach of Wowrack's terms of service and Wowrack's acceptable usage policy.
- Inaccessible server or account due to password change.
- Non-paying or delinquent customers.
Credit Request
In order to be eligible for credit request, customer's account must be in good standing with no outstanding charges at the time when the problem occurs. Customers are responsible for documenting and submitting all evidence of the problems. In no event shall one claim overlap the others. Each credit request must be received within 5 days of problem occurrence and must be approved by Wowrack support team. Failure to submit credit request in timely manner will result in the forfeiture of the claim.
Each valid credit will be applied to an invoice of customer within two billing cycles after Wowrack's approval of customer's credit request. Credits are exclusive of any applicable taxes charged to customer or collected by Wowrack.
Notwithstanding anything in this SLA to the contrary, the total amount credited to a customer in will not exceed the base fee paid by customer for such month. Base monthly fee is defined by the monthly service fee paid by customers excluding any additional fees such as bandwidth overage, additional IP addresses, additional hardware, software or services. Wowrack shall be the sole arbiter in determining the credit request approval.
Please submit your credit request with this form.
Activation of SLA
Wowrack provides SLA to all level of our hosting services. In order to activate your SLA, customer must fill out downloadable SLA .pdf activation form. Please complete the form, sign and mail the SLA to the address below:
Wowrack.com Billing Department
2001 6th Ave
Suite 1809
Seattle, WA 98121
USA
You can also choose to fax your SLA activation to: 206.219.5327
Your SLA is effective from the time we received your signed SLA. You have to fill out all required fields or the SLA will be deemed as invalid. We will send a confirmation email to you upon the activation of your SLA.
Acceptable Usage Policy
Content
All services provided by Wowrack may only be used for lawful purposes. All illegal contents are prohibited from Wowrack network. This includes, but is not limited to: distribution of copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. Customer agrees to indemnify and hold harmless Wowrack from any claims resulting from the use of the service that damages the subscriber or any other party.
Examples of unacceptable content or links:
. Pirated software
. Wares sites
. Irc Bots
. Hate Sites
. Hack Programs and archives
. Email Spammers
Wowrack will act as the sole arbiter as to what constitutes a violation of this condition.
Email Restriction
Spamming, mail bombing and other illegal mail activities are strictly prohibited. Any customer who uses their server and or accounts for spamming will have their account terminated immediately. All fees and pre-paid services will not be refunded. Wowrack will act as the sole arbiter as to what constitutes a violation of this condition.
Server Abuse
Any customers found to abuse our servers would have their account immediately suspended. Any account that excessively uses the server resources may be temporarily stopped to provide optimal server resources for other users. If any account is found to be affecting server performance at a continued duration of time, it may be disabled. Wowrack recommend moving such sites to a dedicated hosting solution.
>Network Abuse
Network abuses are also strictly prohibited. This includes, but is not limited to: port scanning, denial of service, network penetration, sniffing, spoofing, virus deployment, hack attempts, vulnerability scanning. If any account is found to be performing any kind of network abuses, it will be permanently disconnected. Wowrack will fully co-operate with the law enforcement in dealing with unlawful activities performed on our network.
Server Security
Customers are responsible in protecting their own server and password. If for any reason the network security has been breached because of customer's server, he/she will be responsible for the cost of Wowrack security team to restore the server and / or network. Security recovery issues are billed at $200.00 per hour.
>Network Security
Violation of network system such as, but not limited to unauthorized access, trying to breach the network security is prohibited. At anytime where a security breach is detected, the involved server will be immediately shut down. Wowrack technicians will immediately investigate the situation.
Hardware Maintenance
Wowrack is responsible for hardware failure in our dedicated server. We will replace your malfunctioning hardware as soon as possible. Custom hardware replacement may take longer for us to replace.
Data Content and Protection
Since all servers are constantly connected to the Internet, please be aware that the content on the servers might be exposed to hacker attacks, viruses or other adverse attack outside of our control. For these and many other reasons, customer may loose the whole content of his/her server(s). We back-up our virtual hosting servers on a daily basis. Wowrack will not be liable for lost data even if backups were created.
Bandwidth Usage
All plans have a set allotment of bandwidth available for use. Any bandwidth usage that is over the limit of the monthly allotment will be charged according to the terms that is set forth in the order form. Unused bandwidth may not be carried over to the following month.
Uptime
Wowrack does not guarantee 100% uptime. We will do everything we could to provide the best uptime within our capability. Customers are thus advised that his/her service may be down (cease functioning) for many reasons. We highly recommend that customers purchase our complex hosting solution if they have critical applications which cannot tolerate any down time. Wowrack does not guarantee minimal downtime, nor will be responsible for any damages/loss caused by the server being down.
IP address
Wowrack follows strict ARIN guidelines in the distribution of IP addresses. Customer has the option of purchasing additional IP addresses with justification. In order to understand our IP address policy better, Wowrack has provided a convenient IP address policy webpage located in the policies button of our website top navigation bar.
Resellers
Resellers all of their clients are all bound by this acceptable usage policy. Resellers should not make policy or any kind of agreement for their clients that would contradict to our policies.
Reseller relationship to Wowrack
All resellers are independent contractors that have no tie with Wowrack. No relationship other than to allow reseller to sell Wowrack services is intended.
Indemnification
Customer agrees that customer shall not hold Wowrack liable of any claims, liabilities, losses, costs, damages, expenses, including attorneys' fees and court costs that arise from any judgments directly or indirectly created by the services of Wowrack to the customer.
Limited Liability
Wowrack shall not be liable under any circumstances for any damages the customer's businesses may suffer for any reason, even if Wowrack has been advised of the possibility of such damages. If a problem occurs that is within Wowrack's control, we will issue credits based on the length of the downtime according to the customer's service plan. As the Internet is unpredictable, customers are aware that network availability is not guaranteed to be 100% available. Wowrack shall not be liable for any claims resulting from downtime, corruption or deletion of any website or data and loss of revenue.
Governing Law
This Agreement shall be governed in the State of Washington. Any litigation will be settled in King County, Washington.
Wowrack shall not be responsible for any delay resulting directly or indirectly from natural disaster such as fire, shortages of facilities, acts of civil or military authority, catastrophes, or any other circumstances beyond Wowrack's reasonable control. In case this happens, the customers will have to make arrangements with Wowrack to defer the service to a mutually agreed date and time.
Entire Agreement
This Agreement supersedes all prior and current, oral or written understandings and agreements between Wowrack and the customer involved. Any prior statements that are not written in this agreement, even if they are promised orally or written are deemed void. Customers hereby acknowledge and will abide by all the rules set forth in this agreement.
Policy change
Wowrack reserve the right to make changes to our acceptable usage policy at any time without any notification. Changes to acceptable usage policy takes effect immediately upon being posted on our website.
Complaints
All complaints will be promptly investigated. In the case that any account is being investigated, Wowrack reserves the right to suspend, restrict or terminate the account(s) in question. We will deactivate customer's account(s) if Wowrack policies are violated. Please report violations to: abuse@wowrack.com.
Customer Support
We encourage you to contact our technical support teams through email at support@wowrack.com. Phone supports are also available during standard business hours. Wowrack has provided convenient support forms located in the support buttons -> support forms of our website top navigation bar.
IP Address Policy
This policy is intended for dedicated hosting customers who have purchased additional IP addresses. By using Wowrack services, you agree to abide by our policy.
All assigned IP addresses are not portable. You can only use the IP addresses in your server located in Wowrack data center.
If you have more than one dedicated server in Wowrack data center, please do not use the IP addresses on server(s) other than the originally approved server. If you would like to transfer the approved IP address(es) to other server, please send an email and get the approval from support@wowrack.com. Failure to do so might cause IP conflict in the network. Your IP might not even work at all in some cases.
Client MUST use 60% of the IP addresses within the day of assignment. A one-week grace period is allowed to cover equipment problems. This means if a client is assigned 50 IP addresses, 30 IP addresses must be “pingable” one week after the IP addresses assignment. Client MUST use 80% of assigned IP addresses, or the addresses will be withdrawn. Client MUST use 90% of assigned IP addresses before Wowrack will issue any additional IP addresses.
You agree to pay the appropriate fees for the IP you requested.
IP Address justification form must be filled out in order to receive additional IP addresses. IP Address justification form can be downloaded here.
Terms of Use
Notice Specific To Software Available On This Website
Any software that is made available to download from this server ("software") is the copyrighted work of Wowrack and/or its suppliers and partners. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("license agreement"). An end user will be unable to install any software that is accompanied by or includes a license agreement, unless he or she first agrees to the license agreement terms.
The software is made available for downloading solely for use by end users according to the license agreement. Any reproduction or redistribution of the software not in accordance with the license agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.
The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Wowrack hereby disclaims all warranties and conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Notice To Specific Documents Available On This Website
Permission to use documents (such as white papers, press releases, datasheets and faqs) from this server ("server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from this server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Wowrack and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Wowrack and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Wowrack and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.
The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Wowrack and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
Notice Regarding Software, Documents and Services Available On This Website
In no event shall Wowrack and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this server.
Links to Third Party Sites
The links in this area will let you leave Wowrack's site. The linked sites are not under the control of Wowrack and Wowrack is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Wowrack is not responsible for webcasting or any other form of transmission received from any linked site. Wowrack is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wowrack of the site.
Any rights not expressly granted herein are reserved.
Privacy Statement
Wowrack is committed to protecting your personal information. We do not sell, distribute or give out any of our customer's information. We understand how valuable your personal information and privacy is. Only limited personnel have access to our customer's database. This way, you can be rest assured that any personal information that you give us, stays with us.
What kind of information does Wowrack collect from customers?
Our datacenter is located in The Westin Building in Seattle, WA, one of the largest carrier hotels on the west coast of the United States. The building is a class A, state of the art facility datacenter, earthquake proof and home to some of the largest Internet backbone providers such as AT&T, Internap, Worldcom, Sprint, Verizon, Global Crossing, Level3, Qwest and many others.
What do we do with your information?
Wowrack use website analysis software to track our website visitors. The information we obtain from the website analysis software is strictly for internal use to aid us in providing better services to our customers.
Does Wowrack share your information with other party?
No. Your personal information is never shared with any other parties. Wowrack will not share, distribute or sell your information ever. Period.
What is Cookies?
A cookie is a small data text file, which a Web site stores on your computer's hard drive (if your Web browser permits) that can later be retrieved to identify you. The information we collect is gathered to ensure secure ordering process and to provide better web browsing experiences.
Will I receive any e-mail regarding Wowrack product promotions?
You will receive product promotional e-mail ONLY if you want to receive them. We provide a check box in our order form that asks customer if they want to receive such e-mail. If in any case you want to unsubscribe the product promotion e-mail, you can do so by replying to our email with the subject line containing REMOVE.
We highly value your data. We use 128-bit encryption technology and Secure Socket Layer (SSL) in all transactions where customers' information is involved. We keep customer's information in a separate secure server behind our firewall. This way you never have to worry about your information being compromised. Only a limited number of customer service, sales and accounting and technical personnel have access to your information. To ensure that you have the highest protection available, please download the latest version of
Microsoft Internet Explorer
or
Netscape Communicator.
Will Wowrack ever change how customers' information is going to be used?
If and when Wowrack plan to change how customer information is going to be used, we will notify our customer by posting notice of the change in this site.
Is there any age restriction?
In order for you to make transactions through our website, you need to be at least 18 years of age. However, this does not mean that we restrict our services to visitors above 18 years of age. If you are under 18 years of age, you need to contact us either via email or phone in order to place any order. We may need your parental permissions in order to setup our services with you. Wowrack will be glad to guide you and get your account set up as quickly as possible.
Questions regarding this Policy should be directed to info@wowrack.com. You can also contact us directly at the address listed in our contact button located on our website top navigation bar.
Does this policy remain like this forever?
Wowrack reserve the right to make changes to our policy at any time without any notification. We will notify our current customers of any privacy policy changes through e-mail or our website news update feature. Changes to policy become immediately effective upon being posted in this site.
Zero Tolerance Spam Policy
Wow Technologies, Inc. (Wowrack.com) has zero tolerance for UBE/UCE (unsolicited bulk email/unsolicited commercial email). This policy protects our customers as well as the internet community from the negative effects of "spam" related activity. Wowrack defines UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender.
This zero tolerance spam policy document, including the following list of prohibited activities, is an integral part of your hosting agreement with Wowrack. If you engage in any of the activities prohibited by this AUP document, Wowrack may suspend or terminate your account.
- Wowrack customers and customers of Wowrack customers or any user or bandwidth and/or services on our network (herein described as ‘users’) are prohibited from sending UBE/UCE (“spam”). Likewise, the sending of UBE from another service provider advertising a website, email address, or utilizing any resource hosted on Wowrack network, is prohibited. This includes, but not limited to hosting website(s), providing DNS services, as well as website redirect services. Wowrack network may not be used to solicit customer from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this policy or that of the other provider. Users may be asked to produce records that verify explicitly affirmative permission was obtained from a recipient before a mailing was sent. Wowrack may consider the lack of such proof of explicit affirmative permission of a questionable mailing UBE/UCE at its sole discretion.
- Wowrack customers are prohibited hosting open mail relays on their servers and/or network equipments. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse. Wowrack customers are also prohibited from running email proxies that in turn used as a tool for sending UBE/UCE. Second infractions of this policy will result in an immediate termination of service.
- Wowrack customers are prohibited from running unconfirmed mailing lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Wowrack customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Wowrack-hosted domain, or referencing any Wowrack account, is prohibited.
- Wowrack customers are not allowed to operate an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
- Wowrack customers will be notified in the event of violation of spam policy. Failure to respond or resolve to the notification of violation of spam policy may be cause for termination. It is the responsibility of Wowrack customers to keep their contact information current in Wowrack customer database.
- Any valid spam complaints received by Wowrack will be forwarded to customer for response and resolution. Wowrack customers are required to respond within 24 hour period. Wowrack reserves the right to block traffic to and from the websites, servers and/or network equipments involved in UBE/UCE complaint until the problem is resolved and preventive measures have been implemented in order to prevent the violation from recurring. Should Wowrack receives repeat complaints indicating that the problem has not been resolved, Wowrack reserves the right to suspend and/or terminate all services provided to the user in order to stop the violation of Wowrack spam policy as Wowrack deems appropriate, without notice.
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Wowrack do not allow any third party emailers, including Opt-in emails. Any Opt-in emails must be approved by Wowrack abuse department prior to being sent out. Wowrack will generally works with companies that sends out valid newsletter or promotional emails. However it will have to be closely monitored by our abuse department and prior approval is required.
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Please contact abuse@wowrack.com to report any incident of email (spam) abuse.