1. Introduction:

This document constitutes the Terms of Service ("TOS") for Forest Racks LLC d/b/a ForestRacks (hereinafter "ForestRacks," "we," "us," or "our"), a provider of web, game, cloud, and dedicated hosting services to clients worldwide. By using our services or accessing our website, you, the Subscriber, agree to be bound by the terms and conditions outlined in this TOS.

The TOS outlines the rights and responsibilities of both you and ForestRacks with respect to the purchase and use of our products and services. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by the TOS, and any other policies and guidelines set by ForestRacks.

The TOS is effective as of January 24th, 2023. ForestRacks reserves the right to update or modify the TOS at any time, and such changes shall be effective immediately upon posting on our website. Your continued use of our services following the posting of any changes to the TOS shall constitute your acceptance of such changes.

If you have any questions about the TOS, please contact us at [email protected] or submit a ticket on our website https://my.forestracks.com/submitticket.

Please note that when referring to the Subscriber, they may be referred to as "you," "your," "customer," or "customers," or "Subscriber".

2. Indemnification Policy:

You, the Subscriber, agree to use all ForestRacks services and facilities at your own risk. ForestRacks specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall ForestRacks be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential, or other damages. ForestRacks may decline to grant Subscriber access to any data for any reason including but not limited to account data, service data, or files from a product.

You, the Subscriber, agree to defend, indemnify, and hold harmless ForestRacks and its agents, customers, officers, and employees, from and against any demands, liabilities, losses, costs, and claims, including reasonable attorney's fees, asserted against ForestRacks, arising or resulting from any service provided or performed or agreed to be performed or any product sold by the Subscriber, its agents, employees, or assigns. Additionally, you agree to defend, indemnify, and hold harmless ForestRacks against any liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with ForestRacks's server.

ForestRacks reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by the Subscriber that infringes or allegedly infringes on the proprietary rights of a third party, including but not limited to copyright infringement, shall be subject to ForestRacks's discretion.

You, the Subscriber, agree to indemnify, defend and hold harmless ForestRacks against any and all liabilities, damages, losses and expenses, including attorneys' fees, arising out of or related to your use of our services or your violation of these terms.

In the event that any legal action is brought against ForestRacks as a result of your activities or use of our services, you agree to reimburse ForestRacks for any and all legal fees and costs incurred in connection with such action.

Subscriber acknowledges that they accept and agree that they retain and accept all liability for their service and anything hosted on their service, whether or not they were willingly hosting it. In the event that Subscriber causes damage to ForestRacks' equipment or property, Subscriber shall be liable for any repairs or replacements necessary.

Subscriber agrees that ForestRacks shall not be liable for any damages arising from or related to their use of ForestRacks, including but not limited to damages arising from loss of data, profits, or business interruption.

This Indemnification Policy is in addition to, and not in lieu of, any other indemnification provisions set forth in this TOS or any other agreement between you and ForestRacks.

3. Governing Law and Dispute Resolution:

This TOS and any disputes arising out of or related to it, shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. The parties agree to submit to the exclusive jurisdiction of the courts located in Lake County, Illinois for any disputes related to this TOS.

4. Arbitration:

Any dispute, claim or controversy arising out of or relating to this TOS or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Lake County, Illinois, and the arbitrator shall be selected by JAMS. The arbitration shall be conducted in accordance with JAMS's Comprehensive Arbitration Rules and Procedures. The arbitration shall be binding and final. The parties shall have the right to discovery and the arbitrator shall have the power to award any remedy or relief that a court of competent jurisdiction could award. The parties agree to split the cost of arbitration evenly. The parties also agree that any arbitration award may be entered and enforced as a judgment in any court of competent jurisdiction. If any provision of this arbitration clause is found to be unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced.

5. International Customers:

For our international customers, you agree that any disputes or claims arising out of or relating to this TOS shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. If any provision of this TOS is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the TOS, which shall remain in full force and effect. The failure of ForestRacks to enforce any right or provision in this TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

Additionally, if any provision of this TOS is found to be invalid or unenforceable by a court of competent jurisdiction, the parties agree to negotiate in good faith to replace such provision with a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision, and the remainder of the TOS shall remain in full force and effect.

6. Intellectual Property:

The website and the content of the site, including but not limited to the trademarks, logos, icons, infographics, and photos, are protected under intellectual property laws. Unless otherwise noted, all content provided by ForestRacks is the copyrighted property of Forest Racks LLC.

Subscriber is granted a limited, non-transferable, non-sublicensable, and non-exclusive license to use the website and its content for personal or internal business use only. Subscriber agrees not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the website or its content without the express written consent of ForestRacks. Any unauthorized use of the website or its content may violate copyright, trademark, and other intellectual property laws.

You, the Subscriber, agree that you will not use any content or materials on the website in any manner that would infringe or violate the rights of any other party, and that ForestRacks is not in any way responsible for any such use by you.

Furthermore, you, the Subscriber, agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the website or its content, except those automated means that ForestRacks have approved in advance in writing.

You, the Subscriber, agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website.

If you use any content or materials on the website in a manner that constitutes copyright infringement, you will be liable to ForestRacks for any damages, including, without limitation, reasonable attorney's fees, incurred by ForestRacks as a result of such infringement.

You, the Subscriber, agree that you will not use the website or its content for any illegal or unauthorized purpose, or in violation of any laws, including but not limited to copyright and trademark laws.

ForestRacks reserves the right to terminate your license to use the website and its content if you violate any of the terms outlined in this Intellectual Property policy, at its sole discretion, and without notice to you.

Subscriber acknowledges and agrees that all intellectual property rights in the website and services are owned by ForestRacks. Subscriber is granted a limited, non-transferable, non-sublicensable, and non-exclusive license to use the website and services, but only for the purpose of using the services in accordance with the TOS. Subscriber agrees not to reproduce, distribute, or otherwise use the content in any way that would infringe on ForestRacks' intellectual property rights. Any unauthorized use of the website or its content may violate copyright, trademark, and other intellectual property laws. Subscriber agrees to promptly notify ForestRacks if they become aware of any unauthorized use of the website or its content.

7. Minimum Age:

The use of the services provided by ForestRacks is only available to individuals who are of legal age to form a binding contract. By using our services or accessing our website, you, the Subscriber, represent and warrant that you are at least thirteen (13) years of age or older, or have obtained parental or guardian consent, and are fully able and competent to enter into and comply with the terms and conditions outlined in this TOS.

If you are under the age of eighteen (18), your parent or legal guardian must provide their consent to these Terms of Service and any purchase made through the ForestRacks website.

If ForestRacks suspects that a user is underage and unable to legally form a binding contract, ForestRacks reserves the right to request the user to verify their identity through government-issued identification before continuing to use our services. In the event that the user is unable to provide such verification or is found to be underage, ForestRacks has the right to terminate their account and refuse any and all current or future use of the website and its services.

8. Billing:

Subscriber agrees to pay for the products and services provided by ForestRacks according to the pricing and billing terms set forth on the ForestRacks website. ForestRacks currently bills on a monthly, quarterly, semi-annual, and annual basis, depending on the product and plan selected. Subscriber agrees to pay all charges in a timely manner, including any applicable taxes. Subscriber will be charged a late fee of 10% after 3 days of an invoice being overdue.

Subscriber acknowledges that prices for products and services on the ForestRacks website are subject to change without notice. Subscriber is responsible for keeping their contact and billing information up to date and for promptly paying all invoices.

In the event of non-payment, ForestRacks has the right to terminate Subscriber's access to the products and services provided and to take legal action to recover any unpaid amounts.

Subscriber understands that certain products and services, such as dedicated servers, may not include features such as daily backups as advertised. Subscriber should contact ForestRacks for clarification on the features included with their specific product or service.

When Subscriber orders a product or service from ForestRacks, they are agreeing to create a billing agreement and their contract will automatically renew unless they cancel their service through the ForestRacks website.

Subscriber acknowledges that certain product specifications, such as vCPU or thread count, may be measured differently than hardware cores and that advertised locations may not be exact.

Subscriber also acknowledges that ForestRacks requires you to point your domain to the IP for reverse DNS/PTR and requires you to keep the VPS for a month for mail to be enabled.

In case of any disputes regarding billing, Subscriber should contact ForestRacks support team for assistance by emailing us at [email protected] or submitting a support ticket through https://my.forestracks.com/submitticket.

9. Refund Policy:

ForestRacks offers refunds for certain products and services under certain conditions. Refunds are available for anything other than domains and dedicated servers if requested through the support portal (https://my.forestracks.com/submitticket) within 3 calendar days of the initial purchase. Refunds will only be issued for initial orders and only if we are unable to resolve any issues that the customer may be experiencing. Renewals and orders found to be in violation of our TOS will not be eligible for refunds, even if requested within the refund window.

10. Termination:

This TOS will remain in full force and effect while you use the services provided by ForestRacks. ForestRacks may terminate your account and access to the services at any time, with or without notice, for any reason, including but not limited to, if ForestRacks believes that you have violated or acted inconsistently with the letter or spirit of this TOS. Upon termination, you will no longer have access to the services provided by ForestRacks. ForestRacks shall not be liable to you or any third party for termination of your account or access to the services.

In the event of termination, you will be responsible for any fees incurred prior to termination and any outstanding balance on your account must be paid in full. Additionally, you will be responsible for any violations of this TOS that occurred prior to termination and ForestRacks reserves the right to pursue any legal remedies available.

11. Acceptable Use and Conduct:

Subscriber agrees to comply with ForestRacks' full Acceptable Use Policy (the "AUP"), a copy of which can be found at https://forestracks.com/legal/acceptable-use-policy. Subscriber is solely responsible for their conduct and the data content uploaded or otherwise placed into ForestRacks.

You agree to provide accurate and complete information when creating an account on the ForestRacks website, and to promptly update such information if it changes. You are solely responsible for the confidentiality of your account information and for all activities that occur under your account.

ForestRacks does not hold responsibility for any lack of appropriateness of any information which Subscriber may be able to access or view through ForestRacks. Subscriber agrees to indemnify, defend, and hold harmless ForestRacks and its suppliers from any and all loss, cost, liability, and expense arising from or related to their data, their use of the Product, or their violation of these terms.

ForestRacks is for Subscriber's personal or internal business use only and must be in compliance with all applicable ForestRacks policies, laws, rules, and regulations. Subscriber may not use ForestRacks for any commercial purpose including but not limited to selling, licensing, providing services, or distributing ForestRacks to any third party unless they have received the express written consent of ForestRacks beforehand.

Subscriber agrees not to engage in any unauthorized use of any ForestRacks computer system. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties. ForestRacks may immediately remove any content or data, or suspend or cancel accounts if it becomes aware of any misuse or illegal actions associated with an account or user, without prior notice to Subscriber.

Subscriber agrees not to copy or upload files, run any vulnerability or authentication tests, send any viruses, spam, or malware, or disrupt the site or flow of information in any way. Subscriber agrees not to use any offensive or unlawful material or publish anything misleading or fraudulent in nature.

Subscriber acknowledges that any violation of the AUP may result in the suspension or termination of their account, at ForestRacks' discretion.

Subscriber also acknowledge that they accept and agree that they retain and accept all liability for their service and anything hosted on their service, whether or not they were willingly hosting it. In the event that Subscriber causes damage to ForestRacks' equipment or property, Subscriber shall be liable for any repairs or replacements necessary.

Colocation customers are liable for their hardware and shall be responsible for any repairs or replacements necessary in the event of a fire or other natural disaster. Subscriber understands and agrees that ForestRacks shall not be liable for any damages arising from or related to their use of ForestRacks, including but not limited to damages arising from loss of data, profits, or business interruption.

Subscriber agrees that it shall defend, indemnify, save and hold ForestRacks harmless from any demands, liabilities, losses, costs, and claims, including reasonable attorney's fees, asserted against ForestRacks, its agents, its customers, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Subscriber, its agents, employees or assigns.

Subscriber agrees to defend, indemnify and hold harmless ForestRacks against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with ForestRacks's server.

ForestRacks reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by a customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from ForestRacks's server. ForestRacks shall be the sole judge of what violates this Policy.

Subscriber agrees to comply with all applicable laws and regulations in connection with their use of ForestRacks, including but not limited to, all intellectual property laws and export control laws.

12. Contact Information:

In the event that Subscriber has any questions or concerns regarding these Terms of Service, Subscriber may contact ForestRacks, at the following contact information:

Email: [email protected]
Support URL: https://my.forestracks.com/submitticket
Physical Address: Forest Racks, LLC
736 North Western Ave Suite 250
Lake Forest, IL 60045
United States
Phone Number: +1 (872) 210 0149

By contacting ForestRacks, Subscriber agrees to comply with all terms and conditions set forth in these Terms of Service and any additional terms and conditions set forth in the Privacy Policy and Acceptable Use Policy.

13. Agreement to Policies:

Subscriber agrees to abide by all policies set forth by ForestRacks, including but not limited to the Acceptable Use Policy (https://forestracks.com/legal/acceptable-use-policy) and Privacy Policy (https://forestracks.com/legal/privacy-policy). Subscriber acknowledges that these policies may be updated by ForestRacks from time to time and that continued use of ForestRacks' services constitutes acceptance of any updated policies. The Subscriber should review these policies periodically, as they may be updated from time to time.

Subscriber also acknowledges that any violation of these policies may result in the suspension or termination of their account, at ForestRacks' discretion. By using ForestRacks' services, Subscriber agrees to indemnify and hold harmless ForestRacks and its suppliers from any and all loss, cost, liability, and expense arising from or related to their use of the services or any violation of these policies.