Terms of Service (All In One)

 

1. Definitions

1.1 – These Terms of Service (the "Agreement") set forth the terms and conditions of Your Use of hosting and related services ("Services").
1.2 – In this Agreement "You" and "Your" refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf.
1.3 – "We", "us" and "our" refer to RootLayer, as well as its subsidiaries and sister companies (“RootLayer”).
1.4 – This Agreement explains Our obligations to You, and explains Your obligations to Us for the various services or products offered by RootLayer (“Services”).
1.5 – When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement.

Last Updated: 22/11/16 (November 2016)

 

2. Modification

2.1 – You agree that RootLayer may modify this Agreement and the Services it offers to You from time to time.
2.2 – You agree to be bound by any changes RootLayer may reasonably make to this Agreement when such changes are made.
2.3 – If You have purchased Services from RootLayer, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services.
2.4 – By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes.

Last Updated: 22/11/16 (November 2016)

 

3. Acceptable Usage Policy (AUP)

3.1 – The Services are designed for lawful use only. It is your responsibility to fully understand and appreciate the laws of the United States of America, and the state set out in the paragraph entitled "Choice of Law," when using our Services.
3.2 – Your use of the Services must be reasonable. You may not place excessive burdens on our, or our third party vendors', CPUs, servers or other resources or interfere with the services we provide to other customers. You may not use excessive bandwidth. You agree that we may place restrictions on your use of the Services to the extent that they exceed the use of the Services by similarly situated customers.
3.3 – You agree to cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information, designing material that is "server ready" and ensuring that you, your employees and/or agents have sufficient technical expertise to understand how to implement the Services.
3.4 – We strive to maintain a high level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide Services to those that are using our Services for:

3.4.1 – Hacking, which includes, for example, penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
3.4.2 – Hosting of files or other data that infringes on another's copyright or other intellectual property rights.
3.4.3 – Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
3.4.4 – Placing undue burden, whether with intent or not, on our server(s) or network(s), or third party vendors' server(s) or network(s). You agree that we may place restrictions on, or terminate, services dependent on the extent that they exceed the use of services by similarly situated customers.
3.4.5 – Uploading or linking to any content that violates another's right of publicity or privacy.
3.4.6 – Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
3.4.7 – Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
3.4.8 – Customers may not use our servers for streaming or CDN services except with RootLayer’s prior written consent , which consent may be granted or withheld at RootLayer’s sole discretion. For CDN/Streaming Servers, Contact us or See If we have CDN servers already offered On-Site.
3.4.9 – You may not use IRC servers connected to public IRC networks or servers. IRC servers that result in interference with the Services, malicious network activity, or increased demand on our network are prohibited.
3.4.10 – You may not use the Services in any way that violates the laws governing this TOS, or of the jurisdiction in which you reside or where your business is established.
3.4.11 – We retain the right, at our discretion, to refuse to provide new service to any individual, group or business, or to discontinue providing the Services to you if you, or your customers, have excessive, multiple, and/or repeated violations of our accepted uses.
3.4.12 – We retain the right, at our discretion, to refuse to provide new service to any individual, group or business, or to discontinue providing services if we deem that your services or actions negatively impact the stability of our platforms and/or our ability to provide services to our clients.
3.4.13 – If any illegal activities happen through our Network or Resources, Follow the below steps.
Send us Report with truthful, proper evidence & acceptable logs here – complain@rootlayer.net
Note: Any false report sent to us will be ignored and no action will be taken against it due to non proper evidence/non truthful/or un-acceptable information provided.  Also needful action might be taken against the false reporter.

Last Updated: 19/11/16 (November 2016)

 

4. Digital Millennium Copyright Act (DMCA)

In accordance with the Digital Millennium Copyright Act (DMCA), we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others. You must do the same. We may, in appropriate circumstances and at our sole discretion, disable and/or terminate the accounts of users who infringe. If we terminate this Agreement for your violation of the DMCA, you will not receive a refund of the Fees. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) with the following information:

4.1 – An electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
4.2 – A description of the copyrighted work or other intellectual property that you claim has been infringed;
4.3 – A description of where the material that you claim is infringing is located on the site;
4.4 – Your address, telephone number, and email address;
4.5 – A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4.6 – A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent –
Report Us with the required asked information to this Email: complain@rootlayer.net

Last Updated: 22/11/16 (November 2016)

 

5. Service Level Agreement

5.1 – RootLayer offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem-free.
5.2 – RootLayer will try to maintain maximum up time. RootLayer is not responsible for any downtime caused by the client.
5.3 – The internet is a complex network of equipment, services, and providers of information, thus the service may not be available to you at all times.
5.4 – That said, RootLayer offers a 99.9% uptime guarantee. This is valid for only the connection.
5.5 – RootLayer will pursue all resources and channels available to maintain maximum uptime; however, RootLayer is not responsible for any down time caused by a client's error.
5.6 – RootLayer makes no express or implied warranties, including, but not limited to warranties of non-infringement, merchantability OR fitness for a particular use in connection to the service it provides.
5.7 – Neither RootLayer nor any one else involved in the provision of service is liable to you or any third-party for direct or indirect damages resulting from the use or non-use of services provided herein, whether or not such damages resulted from the negligence of RootLayer, even if RootLayer has been advised about the possibility of such damages in advance.

Last Updated: 22/11/16 (November 2016)

 

6. Storage & Security

6.1 – You are responsible for your server/item and the contents you are storing within.
6.2 – You are entirely responsible for maintaining the confidentiality of Your password and account information.
6.3 – You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server.
6.4 – RootLayer 's servers are not an archive and RootLayer shall have no liability to You or any other person for loss, damage or destruction of any of Your content.
6.5 – RootLayer shall have no liability to You or any other person for Your use of RootLayer Services in violation of these terms.
6.6 – The customer agrees to:
•    Prevent any losses or damages to your content.
•    Maintain backup copies of the content stored on the server.
•    Ensure security, confidentiality and the integrity of your account and any contents stored / transmitted through the servers.

Last Updated: 22/11/16 (November 2016)

 

7. Third Party Content

7.1 – If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party.
7.2 – RootLayer has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current RootLayer policy or agreement.
7.3 – Such content may result in the suspension or in the immediate termination of Your account.
7.4 – You are responsible for monitoring all service renewals and orders.
7.5 – In the event that an error occurs the account holder must notify RootLayer immediately of the error.
7.6 – In no event shall RootLayer be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.

Last Updated: 22/11/16 (November 2016)

 

8. Privacy Agreement

In an effort to protect our clients' and site visitors privacy and rights, RootLayer has established a Privacy Policy which explains what information we gather on visitors and what we do with information that we gather. This Privacy Policy governs the manner in which RootLayer collects, uses, maintains and discloses information collected from users of this Web site (each, a "User").

8.1 – Regarding our Collected Information

  • RootLayer collects personally identifiable information from Users through online forms for ordering products and services.
  • RootLayer may also collect information about how Users use our Web site, for example, by tracking the number of unique views received by the pages of the Web site or the domains from which Users originate.
  • RootLayer use "cookies" to track how Users use our Web site.

8.2 – Usage of the Collected Information

  • RootLayer may use personally identifiable information collected through our Web site to contact Users regarding products and services offered by RootLayer and its trusted affiliates, independent contractors and business partners, and otherwise to enhance Users' experience with RootLayer and such affiliates, independent contractors and business partners.
  • At no time will RootLayer's database of users ever be sold to any entity for the purpose of marketing or mailing lists.
  • Personal information will not be sold or otherwise transferred to our business partners without your prior consent, except that we will disclose the information we collect to third parties when, in our good faith judgment, we are obligated to do so under applicable laws.

Last Updated: 22/11/16 (November 2016)

 

9. Customer Support

9.1 – RootLayer provides customer support to You at no additional fee for issues related to RootLayer services only.
9.2 – We have no business holidays by default, But we will have to follow to the suppliers/Data centers/Service providers for some situations such Server delivery time, any hardware related assistance, upgrade/downgrade etc. To that case, We may wait until they finish their holidays.
9.3 – Our daily working hours are – 7.30 AM – 7.30 PM (UTC +06.00)
9.4 – RootLayer has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues.
9.5 – Any fees paid by You for providing non-service related support are non-refundable.
9.6 – Get in touch with us by selecting any of our four supports systems such as Email/Ticket/Skype or Live Chat.
9.7 – Existing users are requested to use one of these FOUR supports systems –  Ticket/Skype/Live Chat/Registered Email.
9.8 – Ticket/Email/Skype support systems are not answered instantly.
9.9 – We make sure to answer our subscribers within 24 hours. Usually it will be answered in a few hours only. Some issues require more time and may need more than 24 hours. It depends on the situation.
9.10 – We have rights to not offer any supports, if you do not contact us with the above mentioned options. (Ticket/Skype/Live Chat/Registered Email)
9.11 – Be informed that, Live chat support system attached to the site is being used mostly for pre-sales purpose.
9.12 – By asking for any supports to us, You are confirming that we can login into your account if needed.
9.13 – You are confirming that you will be providing any required information, when you ask for assistance from our end.
9.14 – Take a Backup before making any major changes,. It is fully your responsibility.
9.15 – You are not allowed to abuse the support system by Opening multiple tickets for the same issue or sending multiple Emails for the same issue.
9.16 – Insulting, threatening, or otherwise being rude with staff members is strictly forbidden.
9.17 – You may receive warning for breaking support system terms or may even receive account suspension. It depends on your type of activities.

Last Updated: 22/11/16 (November 2016)

 

 

10. Currency

11.1 – While all purchases are processed in Euros, RootLayer may provide an estimated conversion price to currencies other than Euros.
11.2 – You acknowledge and agree that the pricing displayed during the checkout process is an estimate.
11.3 – Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate.
11.4 – Accordingly, RootLayer makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price.
11.5 – In addition, You may be charged VAT, based on the country indicated in Your billing address section.
11.6 – Any amounts to be charged will appear during the checkout process.

Last Updated: 22/11/16 (November 2016)

 

11. Fee/Tax/Vat Agreement

Last Updated: 26/01/17 (January 2017)

 

12. Payment

13.1 – The Supplier shall send the Customer an invoice for the amount owed by the Customer. The term of payment of this invoice is one month following the date of the invoice, unless otherwise stated on the invoice or otherwise agreed in the Agreement.
13.2 – Notwithstanding the previous clause, the Supplier is not obliged to send an invoice if the Agreement is a continuing performance agreement. The Customer shall pay the Supplier monthly or another agreed period the amount payable for that period in advance.
13.3 – Upon the expiry of 14 days after the term of payment the Customer whose payment is overdue is in default by operation of law without notice of default being required for this. If an amount owed is not paid within the term of payment, statutory interest is payable on the outstanding invoice amount without further notice of default by the Supplier.
13.4 – In the event of overdue payment, the Customer, in addition to the amount owed and the interest thereon, is obliged to make reimbursement in full of both extrajudicial and judicial collection costs, including the costs of lawyers, bailiffs and collection agencies.
13.5 – The action for payment is immediately due and payable in the event that the Customer is declared bankrupt, applies for court protection from creditors or total attachment orders are placed on assets of the Customer, the Customer dies and furthermore, if the Customer goes into liquidation or is dissolved.
13.6 – In the above cases the Supplier also has the right to terminate or suspend performance of the Agreement or any part thereof not yet performed without notice of default or judicial intervention, without any right to compensation of losses for the Customer that might arise because of this.
13.7 – If the Customer does not pay the invoice on or before the due date, the Supplier is allowed to suspend the service immediately until the payment is received in full.

Last Updated: 22/11/16 (November 2016)

 

13. Delivery

14.1 – We are offering online servers or services, So, no physical delivery is required.
14.2 – Purchased Products will be delivered as login details to your registered email. Registered email is attached to our clients area.
14.3 – VPS will be activated and delivered in 24 hours after the payment completed. Usually in few minutes. (Note: Dedicated Servers are Different)
14.4 – Dedicated Servers are activated within 2 business days after the payment has been Completed/Verified Properly. (Note: The Average Delivery time is 6-12 Max Hours Only)
14.5 – Incase your email provider does not receive our sent emails, You can always read them from our clients area. THIS LINK
14.6 – Date of Activation of service will be the intial date of start of validity of services.

Last Updated: 22/11/16 (November 2016)

 

14. Refund Policy

15.1 – No refund will be offered for VPS(Virtual private server) and Dedicated Servers. Get them cleared before completing the payment.
15.2 – IPs, Domain and all other things related with VPS or Dedicated servers are non refundable .
15.3 – You must need to provide us the time or chance to fix your pending issues before asking for a direct refund, Else this will not be accepted and will be counted as an invalid reason.
15.4 – Cancellation of a product from clients area or billing area means you are not renewing the product from the following month. It is not a refund request.
15.5 – A partial refund will be issued, but it depends on the situation. Only for the products which are Eligible for getting a refund.
15.6 – We reserve our right to deny a refund request or provide a partial refund
15.7 – Any credit balance added to the client’s account is not refundable. It can be used to pay for services or products only.

Last Updated: 22/11/16 (November 2016)

 

15. Force Majeure

16.1 – Either party shall be excused from any delay or failure in performance under this Agreement which is caused by reason of any occurrence or contingency beyond its reasonable control, including without limitation: acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements.
16.2 – The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

Last Updated: 22/11/16 (November 2016)