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 Web Services LTD, 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 Web Services LTD (“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: 31/07/2018 (July)

2. Modification

2.1 – You agree that RootLayer Web Services LTD 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 Web Services LTD may reasonably make to this Agreement when such changes are made.
2.3 – If You have purchased Services from RootLayer Web Services LTD, 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: 31/07/2018 (July)

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 Netherlands, 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 use excessive bandwidth other than what promised during the purchase or may not use Streaming/CDN like activities other than the product/package which allow you to do so. 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, Botnet, stealth scans, and fraudulent credit card “phishing” techniques are also prohibited.

3.4.2 – Hosting any kind of Virus or Malware or anything that can be harmful by downloading/spreading is prohibited.

3.4.3 – Hosting of files or other data that infringes on another’s copyright or other intellectual property rights.

3.4.4 – 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.

3.4.5 – Network abuse, Sending DOS (denial-of-service attack), Unauthorized Stress testing, Unauthorized excessive traffic sending is not acceptable.

3.4.6 – Uploading or linking to any content that violates another’s right of publicity or privacy.

3.4.7 – Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.

3.4.8 – 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.

3.4.9 – Customers may not use our servers for streaming or CDN services except with RootLayer Web Services LTD’s prior written consent, which consent may be granted or withheld at RootLayer Web Services LTD’s sole discretion. For CDN/Streaming Servers, Contact us or See If we have CDN servers already offered On-Site.

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 – We reserve the rights to login to the Subscriber’s Server with or without notice for a resolution or Co-operation.

3.4.14 – If any client found guilty in Fraudulent / Phishing / Spoofing / Cheating / Spamming or any kinds of other disallowed activities in the name of RootLayer.net / RootLayer Web Services LTD / Rootlayer Emails, Your services with us will be terminated immediately. No matter how much you are paying for the service. This type of abuses simply can not be tolerated.

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

How to report? https://rootlayer.net/billing/index.php/knowledgebase/28/How-to-report-an-Abuse-complaint.html

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, a needful action might be taken against the false reporter.

Last Updated: 03/07/2019 (July)

4. Copyright Infringement

In accordance with the Copyright Infringement, 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 Copyright Infringement, 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: 14/08/2018 (August)

5. Service Level Agreement

5.1 – RootLayer Web Services LTD 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 Web Services LTD will try to maintain maximum uptime. RootLayer Web Services LTD 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 Web Services LTD offers a 99.9% uptime guarantee. This is valid for only the connection.
5.5 – RootLayer Web Services LTD will pursue all resources and channels available to maintain maximum uptime; however, RootLayer Web Services LTD is not responsible for any downtime caused by a client’s error.
5.6 – RootLayer Web Services LTD makes no express or implied warranties, including, but not limited to warranties of non-infringement, merchantability OR fitness for a particular use in connection with the service it provides.
5.7 – Neither RootLayer Web Services LTD nor anyone 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 Web Services LTD, even if RootLayer Web Services LTD has been advised about the possibility of such damages in advance.

Last Updated: 31/07/2018 (July)

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 Web Services LTD ‘s servers are not an archive and RootLayer Web Services LTD shall have no liability to You or any other person for loss, damage or destruction of any of Your content.
6.5 – RootLayer Web Services LTD shall have no liability to You or any other person for Your use of RootLayer Web Services LTD 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: 31/07/2018 (July)

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 Web Services LTD 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 Web Services LTD 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 Web Services LTD immediately of the error.
7.6 – In no event shall RootLayer Web Services LTD 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: 31/07/2018 (July)

8. Privacy Agreement

In an effort to protect our clients’ and site visitors privacy and rights, RootLayer Web Services LTD 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 Web Services LTD collects, uses, maintains and discloses information collected from users of this Website (each, a “User”).

8.1 – Regarding our Collected Information

    • RootLayer Web Services LTD collects personally identifiable information from Users through online forms for ordering products and services.
    • RootLayer Web Services LTD 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 Website or the domains from which Users originate.
  • RootLayer Web Services LTD uses “cookies” to track how Users use our Web site.

8.2 – Usage of the Collected Information

    • RootLayer Web Services LTD may use personally identifiable information collected through our Web site to contact Users regarding products and services offered by RootLayer Web Services LTD 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 Web Services LTD’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: 31/07/2018 (July)

9. Customer Support

9.1 – RootLayer Web Services LTD provides customer support to You at no additional fee for issues related to RootLayer Web Services LTD services only.
9.2 – We have no business holidays by default, But we will have to follow the terms of our suppliers/Data centers/Service providers for some situations such Server delivery time, any hardware related assistance & upgrade/downgrade etc as well. In that case, We may wait until they finish their holidays.
9.3 – Our daily working hours are – 8.00 AM – 8.00 PM (UTC +06.00) RootLayer Web Services LTD has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues.
9.4 – Any fees paid by You for providing non-service related support are non-refundable.
9.5 – Get in touch with us by selecting any of our available supports systems mentioned here –  https://rootlayer.net/reach-us/
9.6 – Available support systems other than Live Chat are not answered instantly.
9.7 – We make sure to answer our subscribers within 24 hours. Usually, it will be answered in a few hours only.
9.8 – Some issues require more time and may need more than 24 hours. It depends on the situation.
9.9 – We have rights to not offer any support if you do not contact us with the available-mentioned options here – https://rootlayer.net/reach-us/
9.10 – Be informed that, Live chat support system attached to the site is being used mostly for pre-sales purpose.
9.11 – By asking for any support to us, You are confirming that we can log in into your account if needed.
9.12 – You are confirming that you will be providing any required information when you ask for assistance from our end.
9.13 – Make sure your server language is English (We only support this language) before asking us to login into it for any technical investigation.
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 to staff members is strictly forbidden.
9.17 – You may receive a warning for breaking support system terms or may even receive account suspension. It depends on your type of activities.

Last Updated: 24/06/2019 (June)

10. Currency

11.1 – While all purchases are processed in USD, RootLayer Web Services LTD may provide an estimated conversion price to currencies other than USD.
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 Web Services LTD 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: 06/02/2022 (February)

11. Frequently Asked Questions

Last Updated: 27/08/2017 (August)

12. Payment & Fees

Last Updated: 11/10/2019 (October)

13. 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: 13/03/2018 (March)

14. 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 within 24 hours after the payment completed. Usually in a 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  A Few Server models (Bigger/ High-End/ Not in Stock/ Rare) may take up to a week (7 days) for a provision. This is a rare case scenario. 

14.6  In case your email Client does not receive our sent emails, You can always read them from our clients area. THIS LINK

14.7  The Date of Activation of the service will be the initial date of the start of the validity of services.

Last Updated: 03/10/2018 (October)

15. 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 to VPS or Dedicated servers are non-refundable.
15.3 – You have 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: 13/03/2018 (March)

16. 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: 22/11/2016 (November)

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