Terms of Service

Last updated: May 2026

These Terms of Service ("Terms") govern your use of the website rackmoth.com (the "Site") operated by RackMoth ("we," "our," or "us"), and the engagement of our network engineering and IT support services. By accessing this Site or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or our services.

1. Scope of services

RackMoth provides managed network infrastructure, IT support, and cloud migration services to business clients in the Austin, Texas metro area. The specific scope, deliverables, timeline, and pricing for any engagement are defined in a separate service agreement or statement of work executed between RackMoth and the client. These Terms govern the use of the Site and serve as the general framework under which services are provided.

We reserve the right to decline service to any prospective client at our sole discretion. We do not provide services related to consumer electronics repair, residential internet troubleshooting, or any work outside the scope of business-grade network and IT systems.

2. Intellectual property

All content on this Site — including text, graphics, logos, icons, images, and software — is the property of RackMoth or its content suppliers and is protected by United States and international copyright, trademark, and intellectual property laws. The RackMoth name, logo, and domain are trademarks of RackMoth.

You may view and print pages from the Site for your own personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from the Site without our prior written consent.

For service engagements, any configurations, documentation, network diagrams, scripts, or other work products created by RackMoth in the course of providing services remain our intellectual property until full payment is received. Upon full payment, the client receives a perpetual, non-exclusive license to use those work products for their internal business purposes.

3. Acceptable use of the Site

When using our Site, you agree not to:

  • Use the Site in any way that violates applicable local, state, national, or international law
  • Attempt to gain unauthorized access to any part of the Site, its server, or any connected database
  • Use any robot, scraper, or automated means to access the Site without our permission
  • Introduce any malware, virus, or other harmful code
  • Submit false, misleading, or fraudulent information through our contact forms
  • Use the Site to transmit unsolicited commercial communications

4. Limitation of liability

To the fullest extent permitted by applicable law, RackMoth shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to loss of profits, data, business, or goodwill — arising from your use of the Site or our services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.

Our total liability for any claim arising from or relating to our services shall not exceed the total amount paid by you to RackMoth for the specific service engagement giving rise to the claim during the twelve (12) months preceding the event that gave rise to the claim.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

5. Disclaimer of warranties

The Site and its content are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

While we take reasonable care in providing our network engineering and IT support services, we cannot guarantee that any network will be completely immune to security incidents, hardware failures, or service disruptions from third-party providers (ISPs, cloud platforms, utility companies). Our service commitments, including response times and uptime targets, are defined in individual service agreements, not in these general Terms.

6. Third-party products and services

In the course of providing our services, we may recommend, procure, or configure third-party hardware, software, and cloud services on your behalf. We do not manufacture or develop these products, and we make no warranty regarding their performance, security, or suitability beyond what the manufacturer or vendor provides. Any warranty claims for third-party products must be directed to the manufacturer or vendor.

7. Indemnification

You agree to indemnify, defend, and hold harmless RackMoth and its employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses — including reasonable attorneys' fees — arising from your use of the Site, your violation of these Terms, or your infringement of any third-party rights.

8. Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or our services shall be resolved exclusively in the state or federal courts located in Travis County, Texas. You consent to the personal jurisdiction of those courts.

9. Modification of terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after changes are posted constitutes acceptance of the modified Terms. We encourage you to review this page periodically. For significant changes, we will post a notice on the Site for a reasonable period.

10. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

11. Contact

For questions about these Terms, please contact us at:

RackMoth
Austin, TX
Email: hello@rackmoth.com
Phone: (512) 555-0183