Terms of service.

Agreement and Scope

These Terms of Service (“Terms”) govern the dedicated-server hosting and related services (“Services”) supplied under the RackHamsters brand by Angry Hamsters Media, LLC (“RackHamsters,” “we,” “us,” or “our”). By ordering, activating, or using Services, you (“Customer” or “you”) accept these Terms and the specifications and conditions contained in your accepted order.

Where an individually signed agreement expressly conflicts with these Terms, the signed agreement controls for the affected service.

Eligibility and Account Information

You must be at least 18 years old and legally able to enter a binding agreement, or act for an organization with authority to bind it. You must provide accurate account, billing, and contact information, keep it current, and safeguard account credentials. You are responsible for activity performed using your accounts or by people you authorize.

Orders, Availability, and Provisioning

A quote or listing is not a guarantee of inventory, price, location, configuration, delivery date, or acceptance. Services begin only after we accept an order and confirm any required payment or verification. Server specifications, included bandwidth, IP addresses, management level, contract term, and any setup expectations are those confirmed in the applicable order.

Provisioning estimates are estimates, not guarantees, unless we expressly agree otherwise in writing. We may require identity, payment, fraud-prevention, or lawful-use verification before activation.

Recurring Billing, Fees, and Taxes

Unless an accepted order states otherwise, recurring Services renew and are charged for successive billing periods until properly cancelled. Your order or invoice identifies the billing cycle and fees. You authorize the payment method you provide to be charged for agreed recurring and one-time charges. You are responsible for applicable taxes other than taxes on our net income.

Charges for extra services, professional assistance, excess usage, reinstatement, or replacement caused by misuse apply only where disclosed in an order, separately quoted, or otherwise agreed. We may suspend Services for overdue payment after notice when reasonably practicable. You remain responsible for amounts already incurred.

Cancellation, Renewal, and Refunds

To cancel, send a request from your authorized account contact to [email protected], identifying the service and desired cancellation date. Cancellation is effective once we verify and confirm it. Submit requests sufficiently before your next renewal to allow processing; a domain transfer, server shutdown, or abandoned service is not a cancellation request. The Billing & Cancellation Policy provides additional instructions.

Services generally remain active through the paid term unless an earlier termination is requested and accepted. Except as expressly stated in an accepted order or required by law, setup fees, delivered services, and partial billing periods are nonrefundable. Any prepaid period or special promotional term is subject to the applicable order.

Lawful Use and Prohibited Activity

You may use the Services only for lawful purposes and in compliance with applicable regulations and the rights of others. You must also comply with our Acceptable Use Policy (AUP), which supplements these Terms. Prohibited conduct includes distributing malware; phishing; credential theft; network intrusion; denial-of-service attacks; unauthorized scanning or exploitation; operating botnets; hosting or distributing unlawful material; infringing intellectual property rights; and activities designed to facilitate fraud or abuse.

You may not use Services to disrupt our systems, other customers, third-party networks, or shared infrastructure. We may investigate credible complaints and request prompt corrective action.

Email and Spam

Sending unsolicited bulk email, operating spam infrastructure, or promoting a hosted service through unlawful or abusive messaging is prohibited, including when messages are sent through another provider. You are responsible for opt-in practices, mailing-list hygiene, sender authentication, applicable anti-spam rules, and complaints attributable to your account. We may restrict email delivery or take other protective measures to prevent network or reputation harm.

Security and Customer Responsibility

You are responsible for your users, applications, content, passwords, software, patches, configuration, access controls, and the lawful use of any IP addresses assigned to your Services, except to the extent an accepted managed-services order expressly shifts a task to us. Maintain a reachable security and billing contact and respond promptly to credible abuse or security notices.

We may block specific traffic, isolate a server, or temporarily suspend access where reasonably necessary to address active compromise, fraud, illegal activity, threats to network stability, or an imminent security risk.

Bandwidth, Network Use, and DDoS

Network connectivity, port speeds, bandwidth allocations, traffic policies, and any DDoS-mitigation features are governed by the accepted order. Protection measures are risk-reduction tools, not a guarantee that attacks or service interruptions can be prevented. Sustained harmful traffic or resource consumption may require rate limits, filtering, null-routing, or temporary isolation to protect overall operations.

Do not assume that an advertised network port speed means unlimited sustained throughput or that every destination will perform at that speed.

Hardware, Maintenance, and Changes

Unless an order specifically transfers ownership, dedicated-server hardware remains the property of RackHamsters or its suppliers. We may repair or replace failed components and use reasonably equivalent hardware where appropriate. Necessary maintenance, security work, emergency repairs, and network changes may temporarily affect availability.

When practical, we will provide advance notice of planned disruptive maintenance. Emergency work may occur without advance notice. Any uptime commitments or service credits apply only if expressly provided in the applicable service order or an expressly incorporated written service-level agreement. Our Service Level Agreement describes how any such commitments are evaluated; no upstream provider guarantee is automatically extended to a customer.

Unmanaged Services and Support

Dedicated-server hosting is unmanaged unless your accepted order expressly includes managed administration. For unmanaged Services, you are responsible for operating-system and application installation or configuration beyond stated provisioning, backups, updates, monitoring, and troubleshooting within the server.

We provide assistance with the infrastructure and scope specifically included in your order. Optional administration, migrations, custom configuration, recovery attempts, and other out-of-scope work may require a separate quote and your approval. See our Server Management & Support Policy for a fuller description. No hourly rate is established by this page.

Backups, Data, and Recovery

Maintain independent, regularly tested backups of all data and configurations important to you. Unless your order expressly includes a managed backup service, we do not provide or guarantee backups or restoration. Hardware replacements, reinstallations, cancellations, and security incidents may cause data loss.

Data recovery attempts are not guaranteed and may be unavailable or separately charged if you authorize a quoted recovery service. Before cancellation or expiration, export any data you need; terminated systems or storage may be erased or reassigned subject to applicable law.

Third-Party Infrastructure and Software

The Services may rely on outside facilities, networks, carriers, vendors, software publishers, and contractors. We may use these providers to deliver or maintain Services without transferring our contractual relationship with you. Third-party software licenses, network rules, and applicable usage restrictions remain your responsibility where they apply.

Intellectual Property and Abuse Reports

You retain your rights to lawfully hosted Customer content. You grant us the limited permissions reasonably necessary to transmit, store, process, and operate that content in supplying Services. You must hold the rights or permissions needed for material you host or distribute.

Send good-faith infringement, abuse, or security reports to [email protected] with sufficient detail for investigation. We may remove access to specifically identified material, require remediation, or preserve information where legally required. Formal copyright notices must meet the applicable legal requirements.

Suspension and Termination

We may restrict or suspend Services when necessary to respond to nonpayment, material breach, unlawful use, verified abuse, serious network risk, or legal process. We will try to give notice and an opportunity to resolve the problem when feasible, but urgent threats may require immediate action.

We may terminate Services for a material violation that is not remedied within a reasonable time after notice, or immediately where continued service is unlawful or poses a significant risk. Termination does not remove payment obligations already accrued.

Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICES ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS EXCEPT FOR WARRANTIES EXPRESSLY STATED IN A SIGNED AGREEMENT. WE DISCLAIM IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE EXTENT THE LAW ALLOWS. NETWORKS, SECURITY CONTROLS, AND HARDWARE CAN EXPERIENCE FAILURES OR INTERRUPTIONS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST REVENUE, PROFITS, BUSINESS OPPORTUNITIES, OR DATA, ARISING FROM THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

TO THE EXTENT ALLOWED BY LAW, RACKHAMSTERS’ TOTAL AGGREGATE LIABILITY ARISING FROM AN AFFECTED SERVICE WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO RACKHAMSTERS FOR THAT SERVICE DURING THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMIT DOES NOT APPLY WHERE THE LAW PROHIBITS IT.

Indemnification

To the extent permitted by law, you agree to defend and indemnify Angry Hamsters Media, LLC and its personnel against third-party claims, damages, and reasonable costs caused by your unlawful content or conduct, material breach of these Terms, or infringement of another person’s rights through your use of Services, except to the extent caused by our own wrongful conduct.

Changes to Terms

We may update these Terms to reflect changes in the Services, security, operational requirements, or law. We will post the revised version with a new effective date and provide additional notice where legally required or where changes materially affect current Services. Changes will not retroactively alter a signed fixed-term commitment unless permitted by that agreement or law.

Applicable Law and Disputes

These Terms are interpreted under applicable United States law and, unless a written order provides otherwise, the laws of the State of Florida, excluding conflict-of-law principles, to the extent permitted. Before formal proceedings, please contact us so we can attempt to resolve the dispute directly. Nothing here limits rights or remedies that cannot lawfully be waived.

Contact and Notices

For service, cancellation, or policy questions, contact [email protected]. We may send operational, abuse, billing, or legal notices to the current email address associated with your account. You are responsible for monitoring that address and promptly updating it.