Terms of Use

1. Acceptance of Terms

These Terms of Use (“Terms”) govern your access to and use of racktopsystems.com and any related content, features, and services made available by RackTop Systems, Inc. (“RackTop,” “we,” or “us”) on or through this site. By accessing or using the site, you agree to be bound by these Terms. If you do not agree, do not use the site.

These Terms apply to your use of this website only. They do not govern your use of RackTop products and services purchased under separate written agreement, which is governed by the applicable order, license, support, or master services agreement.

2. Eligibility

You must be at least 18 years old and legally able to form a binding contract to use this site. If you are using the site on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Permitted Use

Subject to these Terms, RackTop grants you a limited, revocable, non-exclusive, non-transferable license to access and use the site for lawful, informational, and business purposes. You may view, download, and print site content for your internal use only.

4. Prohibited Conduct

You agree not to:

• Use the site in violation of any applicable law, regulation, or export control
• Attempt to gain unauthorized access to the site, related systems, or any account or data not belonging to you
• Probe, scan, or test the vulnerability of the site or breach any security or authentication measures
• Use any robot, spider, scraper, or other automated means to access the site or collect content, except as expressly permitted by RackTop or required for normal search-engine indexing
• Reverse engineer, decompile, or disassemble any portion of the site, except as expressly permitted by applicable law
• Upload, transmit, or distribute any content that is unlawful, infringing, defamatory, harmful, or that contains malware, viruses, or other harmful code
• Misrepresent your identity or affiliation with any person or organization
• Use the site to compete with RackTop, train a competing product, or copy, mirror, or republish substantial portions of the site without written authorization

5. Intellectual Property

All content on this site — including text, graphics, logos, icons, images, audio, video, software, code, design, and the selection and arrangement of such content — is the property of RackTop Systems, Inc. or its licensors and is protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.

RackTop, BrickStor, CyberConverged, Active Defense, ImmutaVault, Hub Central, and related marks are trademarks or registered trademarks of RackTop Systems, Inc. RackTop holds U.S. patents on the Cyberstorage architecture, Active Defense, Intelligent Bulk Remediation, Transparent Data Movement, and ImmutaVault. All other trademarks are the property of their respective owners.

6. Submissions and Feedback

If you submit feedback, comments, suggestions, ideas, or other content to RackTop through this site or otherwise, you grant RackTop a perpetual, worldwide, royalty-free, fully paid-up, irrevocable, transferable, sublicensable license to use, reproduce, modify, and distribute that content for any purpose. Do not submit anything you consider confidential.

7. Forms and Communications

When you submit a form on this site (for example, to request a demo, contact sales, apply to the partner program, or schedule a Jumpstart), you authorize RackTop and its authorized representatives to contact you at the contact information you provide. Marketing communications include an unsubscribe option in every message; you can opt out at any time. See our Privacy Policy for details on how we handle the information you submit.

8. Third-Party Sites and Services

The site may contain links to third-party websites and services (for example, Carahsoft, HPE, partner platforms, social media, and analyst publications). RackTop does not control and is not responsible for the content, privacy practices, or availability of those sites. Your use of any third-party site is at your own risk and subject to that site's terms.

9. Disclaimer of Warranties

The site and all content are provided “as is” and “as available,” without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the site will be uninterrupted, secure, or error-free. RackTop does not warrant that defects will be corrected or that the site is free of viruses or other harmful components.

This disclaimer applies only to your use of this website. The performance, warranties, and obligations associated with RackTop products are governed by the applicable customer agreement.

10. Limitation of Liability

To the maximum extent permitted by law, RackTop and its officers, directors, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, or use, arising out of or related to your use of the site, whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if RackTop has been advised of the possibility of such damages. RackTop's total aggregate liability for any claim arising from these Terms or your use of the site shall not exceed one hundred U.S. dollars (USD $100).

11. Indemnification

You agree to indemnify, defend, and hold harmless RackTop and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your breach of these Terms, your misuse of the site, or your violation of any law or third-party right.

12. Export Compliance

The site and its content may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and re-export restrictions and not to export or transfer site content to any country, person, or entity prohibited by U.S. export laws.

13. Termination

RackTop may suspend or terminate your access to the site at any time, with or without cause, and with or without notice. The provisions of these Terms that by their nature should survive termination — including intellectual property, disclaimers, limitations of liability, indemnification, and governing law — shall survive.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of or relating to these Terms or the site shall be the state and federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.

15. Changes to These Terms

RackTop may revise these Terms at any time by posting an updated version on this page with a new “last updated” date. Your continued use of the site after changes are posted constitutes acceptance of the revised Terms.

16. Contact

For questions about these Terms:

RackTop Systems, Inc.
Fulton, Maryland, USA
Legal: legal@racktopsystems.com
General: Contact form