RackWorks LLC Terms of Service Effective Date: June 1, 2026 Last Updated: August 15, 2026 TABLE OF CONTENTS Introduction and Acceptance of Terms Definitions Services and Scope Account Registration, Security & Credentials Customer Responsibilities and Conduct Acceptable Use Policy Payment Terms and Billing Service Availability, Maintenance, and SLA Data Ownership, Privacy, and Security Snapshots, Backups, and Data Loss Disclaimer Suspension, Termination, and Cancellation Intellectual Property Rights Confidentiality Indemnification Limitation of Liability Force Majeure Governing Law, Jurisdiction, and Dispute Resolution Modifications to Terms Severability Entire Agreement Contact Information 1. Introduction and Acceptance of Terms 1.1 These Terms of Service ("Agreement") constitute a legally binding agreement between you ("Customer," "you," or "your") and RackWorks LLC, a Colorado LLC operating online at rackworks.net ("RackWorks LLC," "we," "us," or "our"). 1.2 By accessing, purchasing, or using any of RackWorks LLC's services, including but not limited to virtual private servers, dedicated servers, colocation, network connectivity, and related hosting products and services ("Services"), you irrevocably agree to be bound by this Agreement. 1.3 If you do not agree to any portion of this Agreement, you must immediately cease all use of the Services and notify RackWorks LLC to terminate your account. 2. Definitions 2.1 "Account" means the Customer's user account, credentials, and related information used to access the Services. 2.2 "Affiliate" means any entity controlling, controlled by, or under common control with RackWorks LLC. 2.3 "Customer Content" means any data, files, information, software, or material uploaded, stored, processed, or transmitted by Customer or on Customer's behalf via the Services. 2.4 "Force Majeure Event" means any event beyond reasonable control including but not limited to acts of God, natural disasters, war, terrorism, labor strikes, governmental action, power failures, or internet disruptions. 2.5 "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights. 2.6 "Service Credits" means any credits RackWorks LLC may offer for SLA failures, subject to the limitations herein. 2.7 "Services" has the meaning set forth in Section 1.1. 3. Services and Scope 3.1 RackWorks LLC provides hosting and infrastructure services as described on rackworks.net. Services are provided on a best-effort basis, with no guarantee of continuous availability, performance, or compatibility. 3.2 RackWorks LLC does not provide software support, installation, or management unless explicitly specified in a written managed services agreement. 3.3 RackWorks LLC reserves the right to modify, suspend, or discontinue any Service, in whole or in part, at any time without liability or notice. 3.4 You agree that RackWorks LLC may change IP addresses, network configurations, or hardware components as part of normal operations. 4. Account Registration, Security & Credentials 4.1 You warrant that all information provided during registration is accurate and up to date. 4.2 You are solely responsible for maintaining the confidentiality of your account credentials, and any activities that occur under your Account. 4.3 You shall immediately notify RackWorks LLC of any unauthorized use or suspected breach of your Account. 4.4 RackWorks LLC shall not be liable for any losses arising from unauthorized access unless caused by RackWorks LLC's gross negligence or willful misconduct. 5. Customer Responsibilities and Conduct 5.1 You assume full responsibility for all Customer Content, applications, software, and any use of the Services through your Account. 5.2 You agree to comply with all applicable local, state, national, and international laws and regulations. 5.3 You agree not to use the Services for any unlawful or abusive purpose, including but not limited to fraud, identity theft, money laundering, spamming, or distribution of malicious software. 5.4 You agree to obtain all necessary rights and permissions for the content you host or transmit. 6. Acceptable Use Policy (AUP) 6.1 The AUP is incorporated herein by reference and constitutes a material part of this Agreement. 6.2 Prohibited Activities include but are not limited to: Illegal activities (fraud, terrorism, illegal gambling, child exploitation). Intellectual property infringement. Network abuse (DDoS, port scanning, unauthorized access). Spam or unsolicited bulk messaging. Operating open proxies or relays. Transmitting malware or harmful code. 6.3 RackWorks LLC may investigate violations and take appropriate actions including suspension or termination without refund. 7. Payment Terms and Billing 7.1 Fees for Services are due in advance per the applicable invoice or order. 7.2 Except as provided in Section 7.3, and except as required by law or as granted at RackWorks LLC's sole discretion, all payments are non-refundable. 7.3 First Order Money-Back Guarantee. A Customer's first paid order is covered by a seven (7) day money-back guarantee. If you request a refund within seven (7) days of the date of your initial purchase, RackWorks LLC will refund that order in full. This guarantee applies once per Customer, to the initial purchase only, and does not extend to renewals, recurring billing periods, subsequent orders, add-ons, upgrades, or account credit. Refund requests are made by opening a support ticket from the client portal. This Section does not apply where the Service has been suspended or terminated under Section 6.3. 7.4 Outside the period described in Section 7.3, refund requests are considered on a case-by-case basis and granted at RackWorks LLC's sole discretion. RackWorks LLC does not issue automatic or pro-rated refunds on cancellation. 7.5 Services with an outstanding unpaid invoice on or after the invoice due date may be suspended on the due date without further notice. Suspended services that remain unpaid for five (5) days will be permanently terminated and all associated data irrecoverably deleted. Late payments may also incur interest at the maximum rate permitted by law. 7.6 You are responsible for all taxes and fees imposed by any government authority. 7.7 RackWorks LLC may modify pricing or billing terms with prior notice via email or website posting. 7.8 No refund or credit will be issued for any unused portion of a prepaid billing period following permanent termination of a Service due to non-payment. 8. Service Availability, Maintenance, and SLA 8.1 RackWorks LLC aims to provide high availability but expressly disclaims any guarantees of uptime or service quality except as stated in a separate SLA. 8.2 Scheduled maintenance may occur with or without notice and does not constitute downtime. 8.3 Emergency maintenance may be performed at any time without notice. 8.4 Service Credits, if any, are your sole and exclusive remedy for SLA failures. This Section does not limit Section 7.3. 9. Data Ownership, Privacy, and Security 9.1 You retain full ownership of your Customer Content. 9.2 RackWorks LLC may access Customer Content solely to provide the Services, comply with law, or investigate violations. 9.3 RackWorks LLC employs reasonable security measures but does not guarantee security or data integrity. 9.4 You are solely responsible for securing your Customer Content, applications, and accounts. 10. Snapshots, Backups, and Data Loss Disclaimer 10.1 Scheduled Snapshots. All plans include access to a snapshot facility in the client portal. Customers may create a full disk snapshot on demand, and may configure a recurring snapshot schedule on a daily, weekly, or monthly basis. Available schedules are as presented in the client portal and may change with reasonable notice. Snapshot retention is not guaranteed, and RackWorks LLC may remove older snapshots at any time. 10.2 Snapshots Are a Convenience Feature. The snapshot facility described in Section 10.1 is provided as a convenience and does not constitute a managed backup service. RackWorks LLC does not warrant the availability, completeness, integrity, timeliness, or successful restoration of any snapshot, and does not guarantee that any snapshot will be created, retained, or usable. Snapshots are stored on RackWorks LLC infrastructure and are not an off-site or independent copy of Customer Content. No Service Credit or other remedy arises from a failed, missing, incomplete, or unrestorable snapshot. 10.3 Except as described in Section 10.1, RackWorks LLC does not perform backups or guarantee data restoration. 10.4 RackWorks LLC disclaims all liability for loss, corruption, or unauthorized access of data. 10.5 You agree to maintain your own backups and disaster recovery plans independent of the snapshot facility described in Section 10.1. The availability of that facility does not reduce or replace this obligation. 10.6 When a Service is permanently terminated due to non-payment, no backup is created prior to termination. All Customer Content associated with a terminated Service is irrecoverably destroyed. No recovery is possible after termination is complete. 11. Suspension, Termination, and Cancellation 11.1 RackWorks LLC may suspend or terminate Services without liability for cause, including but not limited to breach, non-payment, abuse, or legal compulsion. 11.2 Upon termination, all rights to access Services immediately cease. Customer Content associated with terminated Services will be permanently and irrecoverably deleted. Deleted Customer Content cannot be recovered by RackWorks LLC. 11.3 Termination does not release Customer from outstanding payment obligations. 11.4 RackWorks LLC may retain certain data for legal or operational reasons as permitted by law. 11.5 For Services suspended due to non-payment: the Service may be suspended on or after the invoice due date; if the outstanding balance is not paid within five (5) days of suspension, the Service will be permanently terminated and all Customer Content irrecoverably deleted; no backup is taken before deletion and no recovery is possible after termination is complete. 11.6 Approximately twenty-four (24) hours before scheduled data deletion, RackWorks LLC will send a deletion warning notification to the email address on the Customer's Account. It is the Customer's sole responsibility to maintain a current and valid email address on the Account. Failure to receive this notification due to an outdated, invalid, or unreachable email address does not postpone or cancel the scheduled deletion. 12. Intellectual Property Rights 12.1 RackWorks LLC retains all rights to its software, trademarks, logos, and proprietary technology. 12.2 You retain all rights to your Customer Content. 12.3 You grant RackWorks LLC a limited license to use your trademarks solely for the purpose of providing the Services. 13. Confidentiality 13.1 Each party agrees to maintain confidentiality of proprietary or sensitive information disclosed in connection with the Services. 13.2 Confidentiality obligations survive termination for a period of three (3) years. 14. Indemnification 14.1 You agree to indemnify, defend, and hold harmless RackWorks LLC and its affiliates from any claims, damages, liabilities, or expenses arising out of your use of Services or breach of this Agreement. 15. Limitation of Liability 15.1 To the fullest extent permitted by law, RackWorks LLC disclaims all liability for indirect, incidental, consequential, punitive, or special damages. 15.2 RackWorks LLC's total aggregate liability is limited to the amount paid by you for Services in the three (3) months preceding the claim. 16. Force Majeure 16.1 RackWorks LLC is not liable for failure or delay due to causes beyond reasonable control. 17. Governing Law, Jurisdiction, and Dispute Resolution 17.1 This Agreement is governed by Colorado law. 17.2 All disputes shall be exclusively resolved in the state courts of Colorado. 17.3 You agree to binding arbitration for disputes exceeding $10,000, waiving jury trial. 18. Modifications to Terms 18.1 RackWorks LLC may update these Terms by posting on the website. 18.2 Continued use after updates constitutes acceptance. 19. Severability 19.1 If any provision is unenforceable, the remainder survives. 20. Entire Agreement 20.1 This Agreement and referenced policies constitute the entire contract. 21. Contact Information RackWorks LLC Email: legal@rackworks.net Website: https://rackworks.net By using RackWorks LLC Services, you acknowledge that you have read, understood, and agree to this Agreement in its entirety.