About these terms
These Terms of Service (the “Terms”) are an agreement between you and Rackyard (“we”, “us”).
They apply to our website and to every service you order from us. By creating an account or placing an order, you agree to these Terms and to the policies they refer to: the Acceptable Use Policy, the Privacy Policy, the Billing, Suspension and Termination Policy, the Refund and Cancellation Policy, the Service Level Agreement and the Copyright and Takedown Policy. If you do not agree, do not use our services.
This document is an electronic record under the Information Technology Act, 2000 and the rules made under it. It does not need a physical or digital signature.
Who can use our services
- You must be at least 18 years old and able to enter into a binding contract. If you sign up for an organisation, you confirm you are authorised to accept these Terms on its behalf.
- You may not use our services if you are barred from receiving them under the law of India or the law where you are.
- One account per person or organisation. Extra accounts opened to get around a limit or a refund rule will be closed.
Your account and verification
- Give us your real name, email address, phone number and postal address, and keep them up to date. We use them for invoices, service notices and anything these Terms say we will tell you.
- We verify every customer before we provision a server. Indian law (the CERT-In directions issued under the Information Technology Act) requires virtual server providers to hold validated subscriber details: your name, address, contact numbers, the IP addresses assigned to you, the period of service and its purpose. We may ask for an identity document, and we may hold, delay or cancel an order until verification is complete. If we cancel an order before the server is provisioned, we return your payment, because no service was provided.
- Keep your passwords, API keys and server credentials secure, and turn on two-factor authentication where we offer it. You are responsible for activity on your account. Tell us promptly if you think it has been compromised.
Our services
We provide unmanaged hosting: VPS plans, which run on shared vCPU; VDS plans, which have CPU cores dedicated to your server; and Minecraft server, Discord bot and Lavalink plans, which run your game server, bot or audio node on our platform with the limits listed on the plan. We may offer other services, such as dedicated servers, in future; these Terms will apply to them too, along with any service-specific terms we publish.
Unmanaged means you run the server. We keep the underlying hardware, network and virtualisation platform working. You are responsible for everything inside your server: the operating system once deployed, the software you install, its configuration, updates, firewall, security and the data on it. We are happy to help where we can, but support for software inside your server is best effort and not part of the service.
On Minecraft, Discord bot and Lavalink plans, we also keep the control panel and the platform your server runs on working. Your worlds, mods, plugins, bot code, tokens, configuration and data are yours to manage, and so are the backups of them, unless your plan includes backups.
The specifications of each plan are the ones published on our website when you order, or as confirmed in your order. Reselling our services is allowed, provided you stay responsible for your customers under these Terms.
Acceptable use
You must use our services lawfully and in line with our Acceptable Use Policy. You are also responsible for how your own customers and users use services running on your server.
Resource usage and fair use
VPS plans share physical CPU cores with other customers on the same host, and each VPS is expected to use a fair share of them. If a VPS persistently uses enough CPU, disk or network capacity to degrade service for others on the host, we may limit its resources. Where practical, we will contact you first and give you a chance to address it. We will not suspend a service for resource use alone without first trying to reach you, unless it is harming other customers right now.
VDS plans have dedicated CPU cores, so you may run them at full load around the clock. Other parts of the host, such as storage and network, are still shared, and the same fair-use approach applies to those.
Minecraft, Discord bot and Lavalink plans have the memory, CPU and storage listed on the plan and run on hosts shared with other customers, so the same fair-use approach applies to them.
Any bandwidth or transfer allowance listed for your plan applies as described on the plan.
Orders, billing and renewal
Services are prepaid, for the billing cycle you choose. A service starts once payment is confirmed and verification is complete. Each service renews automatically at the end of its cycle until you cancel it, and we issue the renewal invoice 7 days before the due date.
Accepted payment methods are shown at checkout. Prices are charged in the currency shown at checkout (INR). Listed prices exclude tax. Where GST applies, it is added to your invoice based on your billing details, and the total is shown before you pay.
How invoices, reminders, late payment, suspension and deletion work is set out in our Billing, Suspension and Termination Policy. In short: a service unpaid 1 day after the end of its term is suspended, a suspended service still unpaid 7 days later is terminated and its data deleted, and we may add a late fee to overdue invoices.
Price changes
We may change our prices. We will never change the price of a billing cycle you have already paid for. For an existing service, we will email you at least 30 days before a new price applies at your next renewal, so you can cancel first if you do not want to continue.
Cancellation and refunds
You can cancel a service at any time from the client area. How cancellation works, and when a refund is available, is set out in our Refund and Cancellation Policy.
Suspension and termination
We may suspend or terminate a service, or your account, if:
- you seriously or repeatedly breach these Terms or the Acceptable Use Policy;
- the service is being used for abuse, or is harming our network, other customers or third parties;
- invoices remain unpaid as described in the Billing Policy;
- you gave us false identity details, or verification cannot be completed;
- you threaten or seriously abuse our staff (see below); or
- we are required to by law or by a lawful order.
Where practical, we will give you notice and a chance to fix the problem first. For serious or ongoing harm we may act immediately and tell you afterwards. When we act on a single service, we will try not to affect your other services unless they are involved.
A service terminated for abuse, fraud or breach of these Terms is not refunded. If we end a service for any other reason that is not your fault, such as closing a location or discontinuing a plan, we will give you at least 30 days’ notice where we can and refund the unused part of your prepaid period.
How we treat each other
Our support staff will treat you with respect, and we ask the same of you. Abusive language, slurs or harassment towards our staff in tickets, email or chat will get one written warning. Threats of violence, or continuing after a warning, allow us to close your account. If we close an account for this reason, we refund the unused part of your prepaid services, less anything you owe us.
Your data and backups
The data on your server is yours. We do not access it except to investigate abuse, to comply with the law, or when you ask us to help.
Backups are your responsibility unless you have bought a backup product from us, and even then we recommend keeping your own copies elsewhere. Hardware can fail, and when a service is cancelled or terminated its data is deleted and cannot be recovered. What we do if data is lost through a fault on our side is set out in the Service Level Agreement.
IP addresses
IP addresses we assign to your service remain ours or our upstream provider’s. You may use them while the service is active, but you do not own them and cannot transfer them. They return to us when the service ends. You are responsible for keeping their reputation clean; addresses blocklisted because of your use may be withdrawn. We may need to change an assigned address for technical or operational reasons, and we will give you notice where practical.
If your server is the target of a denial-of-service attack larger than our network can absorb, we may temporarily stop routing traffic to the targeted address (null-route it) to protect other customers. We will tell you when we do and restore it when the attack ends.
Service changes and availability
We work to keep services available, but we do not promise uninterrupted service. Our availability commitment, and the free days we add to your service when we miss it, are set out in the Service Level Agreement.
We may improve or change our platform over time. If a change materially reduces what you are paying for, we will tell you in advance, and you may cancel the affected service and receive a refund of the unused part of your prepaid period.
Intellectual property
You keep all rights in the content and software you put on our services. You give us only the permissions we need to host and transmit it for you. Our website, brand, software and documentation remain ours, and nothing in these Terms transfers them to you.
Privacy and confidentiality
We handle personal data as described in our Privacy Policy. We treat non-public information about your account and services as confidential, and we expect you to do the same with any non-public information we share with you.
Content you host
For content you and your users store on or send through our services, we act as an intermediary under the Information Technology Act, 2000. We do not choose, review or edit that content in advance. We act on valid notices and lawful orders as described in our Acceptable Use Policy and Copyright and Takedown Policy.
Disclaimer of warranties
Apart from the commitments we make expressly in these Terms and the Service Level Agreement, our services are provided “as is” and “as available”. To the extent the law allows, we do not give other warranties, such as that a service will be error-free or suitable for a particular purpose. This does not affect rights you have under law that cannot be excluded.
Limitation of liability
To the extent the law allows, neither of us is liable to the other for indirect or consequential losses, or for loss of profits, revenue, business or data. Our total liability to you for all claims arising in connection with a service is limited to the fees you paid us for that service in the three months before the event giving rise to the claim.
Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud, or for death or personal injury caused by negligence, or takes away rights you have as a consumer under the Consumer Protection Act, 2019.
Indemnity
If a third party brings a claim against us because of content you hosted, or because you or your users breached these Terms or the Acceptable Use Policy, you will cover our reasonable costs and losses arising from that claim. We will tell you about the claim promptly and let you take part in handling it.
Events outside our control
Neither of us is responsible for failing to meet these Terms because of events beyond reasonable control, such as natural disasters, fire, flood, war, government action, widespread power or internet failure, or the failure of a data centre or upstream network we do not operate. The affected party will tell the other promptly and resume as soon as it can. If such an event stops a service for more than 30 days in a row, either of us may end that service, and we will refund the unused part of your prepaid period.
Changes to these terms
We may update these Terms from time to time. For material changes we will email account holders and post the new version on this page at least 30 days before it takes effect. If you do not agree to a change, you may cancel before it applies and receive a refund of the unused part of your prepaid period. Continuing to use the service after that means you accept the updated Terms.
Complaints, governing law and disputes
If something goes wrong, please raise it with us first at support@rackyard.cloud. We acknowledge complaints within 2 business days and aim to resolve them within 15 days.
These Terms are governed by the laws of India. Subject to the next sentence, the courts of India have exclusive jurisdiction over any dispute arising from them. If you are a consumer, you may also bring a complaint before the consumer commission that has jurisdiction where you live, and nothing here takes away protections the law of your home country gives you.
General
- Entire agreement. These Terms and the policies they link to are the whole agreement between us about our services. Where they conflict, these Terms take precedence, except that the Service Level Agreement governs availability and compensation for downtime.
- Severability. If a court finds any part of these Terms unenforceable, the rest still applies.
- No waiver. If we do not enforce a term straight away, we can still enforce it later.
- Transfer. You may not transfer your account to someone else without our agreement. We may transfer these Terms to a company that takes over our business, and your rights under them will not be reduced.
- Notices. We send notices to the email address on your account, so keep it working. You can send notices to us at the addresses below.
Contact
Questions about these Terms: support@rackyard.cloud. Billing questions: support@rackyard.cloud.
These Terms are between you and Rackyard.