Terms and Conditions of Rack Bunker Data Centers LLC
Users must read this document carefully. Although the entire contractual relationship related to these products is established solely between the owner and the user, the user acknowledges and agrees that nothing in these terms constitutes any employment, agency, or partnership relationship between the parties.
This application is provided by:
6325 Morenci Trl, Indianapolis, IN 46268, US
Owner contact email: [email protected]
Content on This Application
Unless otherwise stated or clearly identifiable, all content provided on this application is owned or provided by the owner or its licensors. The owner will make every effort to ensure that the content provided on this application does not infringe any applicable laws or third-party rights. However, it is not always possible to achieve this result. In such cases, without prejudice to the user exercising any legal rights, users are encouraged to report related complaints using the contact information provided in this document.
Rights to Content on This Application - All Rights Reserved
The owner owns and retains all intellectual property rights to such content.
Therefore, users may not use such content in any unnecessary or implied manner beyond the proper use of the service.
In particular, but not limited to, users may not copy, download, share (beyond the limits stated below), modify, translate, convert, publish, transmit, sell, re-license, edit, transfer/assign to third parties, or create derivative works from the content provided on this application, nor allow any third party to do so through the user or their devices, even if the user is unaware of it.
If this application explicitly states that users can download, copy, and/or share some content, it is only for personal and non-commercial use, provided that proper copyright attribution and any other attributions required by the owner are correctly implemented.
Any applicable statutory limitations or exceptions regarding copyright are not affected.
User-Provided Content
The owner allows users to upload, share, or provide their own content to this application.
Rights Regarding User-Provided Content
Users acknowledge and accept that by providing their own content on this application, they grant the owner a non-exclusive, fully paid, and royalty-free license to process such content solely for the operation and maintenance of this application as required by the contract.
To the extent permitted by applicable law, users waive any moral rights related to the content they provide to this application.
Users acknowledge, accept, and confirm that all content they provide through this application complies with the same general conditions stipulated for the content on this application.
Conduct Restrictions
Users may not:
Misrepresent their eligibility to access this application and/or use the services, such as claiming to be an adult or qualified consumer under legal provisions;
Conceal their identity or impersonate or represent a third party without permission;
Manipulate identifiers to disguise or otherwise hide the source of their messages or content;
Defame, abuse, harass, threaten, or otherwise infringe upon the legal rights of others;
Promote activities that may endanger the life of the user or other users or cause physical harm, including but not limited to suicide threats, inciting self-harm, using illegal drugs, or substance abuse. Under no circumstances may any user post content that promotes and/or encourages any self-destructive or violent behavior on this application;
Probe, scan, or test the vulnerabilities of this application (including services connected to the website or any network) or breach the security or authentication measures of this application (including services connected to this application or any network);
Install, embed, upload, or otherwise incorporate any malware into this application or through this application; Abuse, misuse, or otherwise use this application or its technical infrastructure inappropriately (e.g., for spam purposes).
Content Restrictions
Users may not:
Disseminate or publish illegal, obscene, unlawful, defamatory, or inappropriate content;
Post any content that directly or indirectly promotes hatred, racism, discrimination, pornography, or violence;
Disseminate or publish any false content or content that may cause unreasonable panic;
Illegally use this application to publish, disseminate, or otherwise provide content protected by intellectual property laws (including but not limited to patent law, trademark law, or copyright law) without the consent of the rightful owner;
Use this application to publish, disseminate, or otherwise provide any content that infringes third-party rights, including but not limited to national, military, commercial, or professional secrets and personal data;
Post any content or engage in any activity that disrupts, damages, or otherwise violates the integrity of this application or the experience or devices of other users. Such activities include: spamming, distributing unauthorized advertisements, phishing, deceiving others, spreading malware or viruses, etc.
Software License
Any intellectual property or industrial property rights and any other proprietary rights related to software or technical applications embedded in or associated with this application are owned by the owner and/or its licensors.
Subject to the user's compliance with these terms, and even if there are any differing provisions in these terms, the owner grants the user a revocable, non-exclusive, non-transferable, and non-sublicensable license to use the software and/or any other technical means embedded in the services within the scope and purpose of this application and the services provided.
This license does not grant the user any rights to access, use, or disclose the original source code. All technologies, algorithms, and programs contained in the software, as well as any documentation related to them, are the sole property of the owner or its licensors. All rights and licenses granted to the user will terminate immediately upon the termination or expiration of this agreement.
Disclaimer for US Users
This application is provided strictly on an "as is" and "as available" basis. Users assume all risks associated with using the service. To the fullest extent permitted by applicable law, the owner expressly disclaims all conditions, representations, and warranties—whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Any advice or information obtained from the owner or through the services (whether oral or written) does not constitute any warranty not expressly stated herein.
Without limiting the foregoing, the owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the services will meet users' requirements; that the services will be available, uninterrupted, or secure at any specific time or place; that any defects or errors will be corrected; or that the services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the services is at the user's own risk, and the user is solely responsible for any damage to their computer system or mobile device or data loss resulting from the download or use of the services.
The owner does not endorse, support, guarantee, or assume liability for any products or services advertised or provided by third parties through the services or any hyperlinked websites or services, and the owner shall not be a party to any transaction between the user and third-party product or service providers or monitor such transactions in any way.
Services may not be accessible or may not function properly on the user's web browser, mobile device, and/or operating system. The owner is not liable for any perceived or actual damages arising from the content, operation, or use of this service.
Federal law, certain states, and other jurisdictions may not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to the user. This agreement grants the user specific legal rights, and the user may also have other rights that vary from state to state. To the extent prohibited by applicable law, the disclaimers and exclusions in this agreement do not apply.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall the owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for:
Any indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, loss of goodwill, loss of use, loss of data, or any other intangible losses arising from or related to the use or inability to use the services; and
Any damages, losses, or injuries resulting from hacking, tampering, or other unauthorized access or use of the services or user accounts or the information contained therein;
Any errors, omissions, or inaccuracies in any content;
Any personal injury or property damage of any kind resulting from the user's access to or use of the services;
Any unauthorized access to or use of the owner's secure servers and/or any and all personal information stored therein;
Any interruption or cessation of transmission to or from the services;
Any errors, viruses, trojan horses, or similar that may be transmitted to or through the services;
Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services; and/or This limitation of liability shall apply to the fullest extent permitted by applicable law in the relevant jurisdiction, regardless of whether the liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damages.
Privacy Policy
For more information regarding the use of their personal data, users can refer to the privacy policy of this application.
Intellectual Property
Without prejudice to any more specific provisions of these terms, any intellectual property related to this application, such as copyrights, trademark rights, patent rights, and design rights, are the exclusive property of the owner or its licensors and are protected by applicable law or international treaties related to intellectual property.
All trademarks (nominal or symbolic) and all other marks, trade names, service marks, text marks, illustrations, images, or logos related to this application are and shall remain the exclusive property of the owner or its licensors and are protected by applicable law or international treaties related to intellectual property.
Changes to These Terms
The owner reserves the right to modify or otherwise change these terms at any time. In such cases, the owner will notify users of these changes in an appropriate manner.
Latest update: May 12, 2023.