Rackmill Legal Notice

BY ACCESSING OR USING THE RACKMILL WEBSITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS LEGAL NOTICE AND AGREE TO BE BOUND BY ITS TERMS.

1. Company Information

1.1 Business Registration

• Business Name: RACKMILL
• Business Type: Other Partnership
• Australian Business Number (ABN): 93 549 860 837

1.2 Contact Details

General Contact:

• Email: accounts@rackmill.au
• Website contact form: https://my.rackmill.au/contact.php

Business Operations:
Rackmill is a digital-first business operating entirely online. We do not maintain a physical office or accept in-person visits.

Infrastructure Location:
Services are provided from Equinix PE2, Perth, Western Australia

How to Reach Us:
All support and inquiries must be submitted via email, the website contact form or via the customer portal.

Specific Inquiries:

For the fastest response, please use the appropriate subject line when contacting us:

• General Inquiries: accounts@rackmill.au
• Abuse Reports: accounts@rackmill.au (Subject: Abuse Report)
• Legal Questions: accounts@rackmill.au (Subject: Legal Inquiry)
• Copyright/IP Issues: accounts@rackmill.au (Subject: Copyright Infringement Notice)
• Security Issues: accounts@rackmill.au (Subject: Security Vulnerability Report)
• Privacy Questions: accounts@rackmill.au (Subject: Privacy Inquiry)

Business Hours:

• Monday to Friday, 9:00 AM - 5:00 PM AWST (Australian Western Standard Time)

Response Times:

We aim to respond to all inquiries within:

• 1-2 business days for general inquiries
• 24 hours for urgent security or abuse issues
• As soon as practicable for time-sensitive legal matters

1.3 Compliance and Memberships

Australian Business Compliance:

• Registered with ASIC for Australian business operations
• Compliant with Australian business regulations
• Goods and Services Tax (GST) registered
• Member of Internet Association of Australia (IAA)

Network Resources:

• APNIC member for independent IP resources
• Active upstream network services provider
• BGP routing services

2. Ownership of Website Materials

2.1 Copyright Notice

© 2024-2025 Rackmill. All rights reserved.

All information and materials available on or from the Rackmill website (https://rackmill.au), including but not limited to:

• Text, graphics, logos, images, and photographs
• Button icons, audio clips, and video clips
• Data compilations and software
• White papers, press releases, and data sheets
• Product descriptions, FAQs, and documentation
• Website design, layout, and "look and feel"

are the copyrighted works of Rackmill and are protected by Australian and international copyright laws.

2.2 Proprietary Rights

Any unauthorized use of information or materials from this website may violate:

• Copyright laws
• Trademark laws
• Privacy laws
• Communications regulations
• Other applicable statutes and regulations

2.3 Trademarks

Rackmill is a registered business name and trademark of Rackmill (ABN 93 549 860 837).

All Rackmill trademarks, service marks, trade names, and logos may be used only with written permission from Rackmill. Unauthorized use is strictly prohibited.

Third-Party Trademarks:

Other names, logos, and brands mentioned on this website are trademarks or registered trademarks of their respective owners, including but not limited to:

• cPanel®, WHM®, and related marks (cPanel, LLC)
• Windows®, Microsoft® (Microsoft Corporation)
• Linux® (Linus Torvalds)
• WordPress® (WordPress Foundation)
• Equinix® (Equinix, Inc.)

No affiliation, sponsorship, or endorsement by these trademark owners is implied.

3. Limited License to Use Website

3.1 Permitted Use

You are granted a limited, non-exclusive, non-transferable license to:

• Access and view the Rackmill website for informational purposes
• Print or download materials for personal, non-commercial use
• Access services you have purchased in accordance with our Terms and Conditions

3.2 Restrictions

You may not:

• Modify, reproduce, distribute, or create derivative works from website materials
• Remove or alter copyright, trademark, or other proprietary notices
• Use materials for commercial purposes without written permission
• Frame or mirror website content on another website
• Use automated tools (bots, scrapers) to access or download content
• Reverse engineer or attempt to extract source code from the website

3.3 Fair Use Exception

Limited use of materials under the "fair use" doctrine is permitted for:

• Search engines (for indexing purposes)
• Reviews and commentary
• Educational purposes
• Other fair use purposes under copyright law

4. Disclaimers and Limitations

4.1 Website Information

The information on this website is provided for general informational purposes only. While we strive to keep information accurate and current:

• We make no representations or warranties about the accuracy, completeness, or currency of information
• Information may become outdated without notice
• We reserve the right to make changes without notice
• Information should not be relied upon as professional advice

4.2 No Professional Advice

Information on this website does not constitute:

• Legal advice
• Financial advice
• Technical advice
• Professional consulting
• Any other form of professional advice

For specific advice relating to your situation, consult qualified professionals.

4.3 Website Availability

While we strive to maintain website availability:

• We do not guarantee uninterrupted or error-free access
• The website may be unavailable due to maintenance, updates, or technical issues
• We are not liable for any loss resulting from website unavailability

4.4 User-Generated Content

If we allow user comments, reviews, or other user-generated content:

• Users are solely responsible for their content
• We do not endorse or verify user-generated content
• We reserve the right to remove any content at our discretion
• User content does not represent our views or opinions

5. Disclaimer of Warranties

5.1 "As Is" Provision

TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW, THE RACKMILL WEBSITE AND ALL MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

5.2 Specific Disclaimers

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, reliability, or completeness of information
• Uninterrupted or error-free operation
• Freedom from viruses or harmful components

5.3 Australian Consumer Law Rights

For information about your consumer rights and guarantees under Australian Consumer Law, see our Terms and Conditions.

6. Limitation of Liability

6.1 General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RACKMILL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM:

• Use of or inability to use the website
• Unauthorized access to or alteration of your data
• Statements or conduct of any third party on the website
• Reliance on information obtained from the website
• Any other matter relating to the website

This includes but is not limited to damages for:

• Loss of profits or revenue
• Loss of data or business information
• Business interruption
• Personal injury
• Loss of privacy

6.2 Liability Cap

For complete information about liability limitations and your rights under Australian Consumer Law, see our Terms and Conditions.

7. Data Sovereignty and Australian Jurisdiction

All Rackmill infrastructure is located in Perth, Western Australia (Equinix PE2). Your data remains within Australian jurisdiction and is subject to Australian law exclusively.

See our Privacy Policy for detailed information about data location, storage, protection measures, and the benefits of Australian data sovereignty.

8. Compliance with Australian Regulations

8.1 Privacy Compliance

We comply with:

• Privacy Act 1988 (Cth)
• Australian Privacy Principles (APPs)
• Notifiable Data Breaches (NDB) scheme

See our Privacy Policy for complete details.

8.2 Consumer Protection Compliance

We comply with:

• Competition and Consumer Act 2010 (Cth)
• Australian Consumer Law (ACL)
• Consumer rights and guarantees framework

8.3 Telecommunications and Internet Compliance

We comply with:

• Telecommunications Act 1997 (Cth)
• Spam Act 2003 (Cth)
• Internet industry codes and standards

8.4 Anti-Spam Compliance

We maintain zero tolerance for spam and comply with:

• Spam Act 2003 (Cth)
• Australian Communications and Media Authority (ACMA) guidelines
• Industry best practices for email marketing

9. Intellectual Property Enforcement

9.1 Copyright Infringement

Rackmill respects intellectual property rights. If you believe content hosted on our services infringes your copyright:

DMCA/Copyright Complaints:

• Email: accounts@rackmill.au
• Subject: Copyright Infringement Notice

Include:

• Your contact information
• Description of the copyrighted work
• Location of the infringing material (URL, IP address)
• Statement of good faith belief
• Statement of accuracy under penalty of perjury
• Your physical or electronic signature

9.2 Trademark Infringement

For trademark infringement complaints, contact accounts@rackmill.au with:

• Details of your registered trademark
• Evidence of infringement
• Your contact information

9.3 Counter-Notifications

If your content was removed due to an infringement claim and you believe it was removed in error:

• Submit a counter-notification to accounts@rackmill.au
• Include reasons why the content does not infringe
• Provide your contact information
• We will evaluate and respond according to applicable law

10. Security Notice

10.1 Responsible Disclosure

If you discover a security vulnerability in our website or services:

Do:

• Report it privately to accounts@rackmill.au
• Provide detailed information to help us understand and reproduce the issue
• Give us reasonable time to address the issue before public disclosure

Do Not:

• Publicly disclose the vulnerability before we have addressed it
• Access or modify data beyond what is necessary to demonstrate the vulnerability
• Engage in activities that could harm our services or customers

11. Acceptable Use

Use of the Rackmill website and services must comply with our Acceptable Use Policy. Prohibited activities include but are not limited to:

• Illegal activities under Australian or international law
• Spam, malware, or malicious code distribution
• Hacking, unauthorized access attempts, or security breaches
• Copyright or trademark infringement
• Activities that harm our infrastructure or other users
• Violation of privacy or data protection laws

See our complete Acceptable Use Policy for details.

12. Modifications and Updates

12.1 Right to Modify

We reserve the right to modify this Legal Notice at any time without prior notification. Changes are effective immediately upon posting to our website.

12.2 Your Responsibility

It is your responsibility to:

• Regularly review this Legal Notice
• Understand changes that may affect you
• Discontinue use if you do not agree with changes

12.3 Last Updated Date

The "Last Updated" date at the top of this document indicates when this Legal Notice was last revised.

13. Related Legal Documents

For a complete understanding of your legal relationship with Rackmill, please review all of the following documents:

13.1 Essential Documents

Terms and Conditions (/legal/terms)
Governs the contractual relationship between Rackmill and customers for all services.

Acceptable Use Policy (/legal/acceptable-use)
Defines acceptable and prohibited uses of Rackmill services.

Privacy Policy (/legal/privacy)
Explains how we collect, use, store, and protect your personal information.

Legal Notice (this document)
Provides legal information about ownership, disclaimers, and compliance.

13.2 Service-Specific Documents

Additional terms may apply for specific services:

• Service Level Agreements (SLAs)
• Service-specific terms and conditions
• Product documentation
• Technical specifications

14. No Partnership or Agency

Nothing in this Legal Notice or on our website creates any:

• Partnership, joint venture, or franchise relationship
• Employment relationship
• Agency or representative relationship
• Fiduciary duty

Between you and Rackmill.

15. Entire Agreement

This Legal Notice, together with our:

• Terms and Conditions
• Privacy Policy
• Acceptable Use Policy
• Any applicable Service Level Agreements

Constitutes the entire agreement between you and Rackmill regarding use of our website and services.

16. Language

This Legal Notice is provided in English. In the event of any conflict between English and translated versions, the English version shall prevail.

17. Waiver

Our failure to enforce any right or provision of this Legal Notice does not constitute a waiver of that right or provision unless acknowledged and agreed to in writing by an authorized representative of Rackmill.

18. Age Restriction

Our services are intended for individuals 18 years of age or older. By using our website and services, you represent that you are at least 18 years old or have reached the age of majority in your jurisdiction.

19. Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters (floods, fires, earthquakes)
• Telecommunications or network failures
• Power outages or infrastructure failures
• Government actions, laws, or regulations
• Labor disputes or strikes
• Pandemics or public health emergencies
• Acts of terrorism or war
• Other acts of God or force majeure events

20. Notices

20.1 Notice to You

We may provide notices to you:

• By email to your registered email address
• By posting on our website or customer portal
• By mail to your registered address
• By SMS or other electronic means

You consent to receiving electronic communications from us.

20.2 Notice to Us

For legal notices to Rackmill, send written notice to:

Email: accounts@rackmill.au
Subject Line: Legal Notice to Rackmill

Notices are deemed received when we acknowledge receipt.

21. General Provisions

21.1 Governing Law

This Legal Notice is governed by the laws of Western Australia and the Commonwealth of Australia. For complete information on jurisdiction and dispute resolution procedures, see our Terms and Conditions.

21.2 Severability

If any provision of this Legal Notice is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

• The remaining provisions shall continue in full force and effect
• The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable
• The intent and purpose of this Legal Notice shall be preserved

21.3 Contact Information

For all contact information including general inquiries, abuse reports, legal questions, copyright issues, security vulnerabilities, and privacy inquiries, see Section 1 of this Legal Notice.

22. Acknowledgment and Acceptance

BY ACCESSING OR USING THE RACKMILL WEBSITE AND SERVICES, YOU ACKNOWLEDGE THAT:

• You have read and understood this Legal Notice
• You agree to be bound by the terms of this Legal Notice
• You have reviewed our other legal documents (Terms, Privacy Policy, AUP)
• You understand your rights and obligations
• You consent to the jurisdiction of Western Australian courts

IF YOU DO NOT AGREE, YOU MUST NOT USE OUR WEBSITE OR SERVICES.