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Rootroute - Terms of Service

SECTION 1 - Definitions

This document describes the agreement between Rootroute, henceforth called the Provider, and the User. A User is defined as one or more of the following:

  • The holder of an account with the Provider.
  • A third party acting on behalf of such an account holder.
  • An entity using any of the Provider's resource or service, public or private. Either partially on fully, either for a fee or without fee.
  • An individual entity.
  • A natural person.
  • An organisation.
  • A group comprised of related or unrelated individuals.
  • A Government entity.
  • An International entity.
The User does not need to be registered, or publicly known, to be recognized as a User. A system designates any hardware or software, computer or network, in part or as a whole.


SECTION 2 - Activities

The User agrees to comply with International laws, the law of the countries he is conducting business, personal activities or transiting.

Prohibited:

  • Promoting harm.
  • Using system security facilities to escape or hide from the law.
  • System abuse, port scanning, system intrusion, system cracking, spoofing, smurfing, MITM intrusion. Computer and network virus, worm, trojan, development or spread.
  • Eggdrops, irc bots and any tool or activity likely to attract network attacks.
  • Mail abuse and unsolicited email. Hosting a web site promoted in unsolicited email. Supporting, advertising, developping or selling, directly or indirectly spamware or bulk mailers. Getting one or more ip address listed on a blocking list used by other ISP. Particulary, but is not limited to, SpamHaus, OpenRBL, DNSBL.
  • Materials that may create, constitute, or contribute to copyright or trademark infrigements.
  • Impersonation, ID theft, using identification data without authorization.
  • Aquisition or disclosure of private data without authorization.
  • Distortion of facts or events representation, including ommissions and one-sided emphasis.

Assessment of activity:
The assessment of content and activity classification is done by the Provider. Material or content falling into any of those category is subject to immediate account deactivation without any warning, on a temporary or permanent basis. An account holder expressly waives the right to assert any claims against the Provider for any such deactivation.

Non-compliance of terms::
Violation and non-compliance of the Terms of Service should be referred to abuse@rootr.net. The Provider can request any reporter proof of identification, to avoid false reporting, or as otherwise deemed safe by the provider.


SECTION 3 - Agreement

The User understands his electronic agreement. In particular that clicking a button containing the words "I agree", "Proceed this order now!", or "Login" bind him to the same degree as would a written signature. The Provider reserves the right to modify this present Terms of Service or its fee list anytime without warning.

Access List:
A paying User maintain an account with the Provider. Each account has an associated access list. The account's access list entitles different access rights to the User, on an individual basis. The Provider reserves the right to revoque and grant access list rights. The access list contains:

  • An access right code for each natural person.
  • The maximum number of hours and type of contract work that each individual can request.
  • The maximum total amount per billing cycle.
  • The services requested, charged to the account.

Requesting legal information or action:
Any User engaging in Information Request for legal activities, is understanding that this costs resources to the Provider and can thus be billed by the Provider. Such a User can be a government agency, a public agency, or a private party, and not necessarily an account holder, as mentioned in section 1. The User understands that complying and cooperating with the law, does not encompass work beyond a resonable minimum time, and within the provider capacity. The User understands longer work, or more knowledgeable work, would account to forced labor, or work time extortion. The reasonable time duration, and knowledgeable capacity, is determined by the provider. The fees otherwise engaged by the extra duration or necessary knowledge, are at the discretion of the Provider, after examination of request, if the request is accepted by the provider. The provider is not obliged to time performance regarding legal work. Legal Performance, if needed, may be assessed through a third-party legal firm, at the complete expense of the User, but under the choice decision of the provider, which can revoqued or changed, should the Provider deem the third-party unfit. The user understand this terms of service can be used to assess, and protect from, corruption.

Privacy:
The Provider agrees not to disclose private information outside the Provider without User consent.
The User agrees not to disclose private information outside the User without Provider consent.
Third parties are not included in implicit information sharing, even if such a third party is: owned by, or owning, or partnered with, the User or the Provider.

Age of User:
An Account holder must be at least 18 years old, and legally an adult in his country of nationality, unless with the written and signed agreement of the adult in his charge. The Provider declines responsibility caused by false age claims.


SECTION 4 - Services

Service performance:
The services offered or provided by the Provider are done on an as-is basis, in self-service. The User is responsible for the maintainance of his own account. The Provider's performance or delivery is not guaranteed, only attempted. Guarantee of service is available only at a higher fee. User demands for performance or expedient delivery are chargeable accordingly.

Domain names:
The User is responsible for verifying and updating correct whois contact information. New site registrations are done under one of the Provider registrar partners, all acredited by the ICANN. The User ordering a new domain name, requesting a transfer of domain, or asking a renewal of domain accepts both the registrar terms of service, and the Provider's registry interfaces for registrations, renewal or transfers. Gandi's contract and dispute resolution policy is available at http://www.gandi.net/contract.en.txt The User consents to become the new owner of the domain or domains he registers or transfers. The Provider may register a gandi id for a User.
Other ICANN acredited registrars are also used, such as Enom and Namebay. If the User closes an account and whishes to keep control of the account's domain, The User agrees to open an account to the associated registrar and depend on that registrar's term. In no circumstance the Provider is responsible for the registrar's terms and policies with the User. The Provider may also use OpenSRS (Tucows) registrar, and if so, the User consent to Tucows terms of service. .cn (Mainland China, P.R.C.) domain name registrations means the registrant agrees to the CNNIC Scheddule A, as termed at: http://www.rootr.net/cnnic_registration_agreement.html
Failed domain transfers are billed to the User, regardless of failure cause. The Provider is not responsible to handle technical support of a secondary User, who should ask their account administrator instead of directly to the Provider.

Assistance and support:
Assistance Support is allocated on first come first served basis, and suject to availability:
Standard series secure hosting: up to 15 minutes per month of Level 1 support. Voyager series secure hosting: up to 45 minutes per month of Level 1 support. Managed Services accounts: Level 1 and Level 2 support allocated on a per-need per-contract basis. Unused support time is non-cumulable in time. Additional Level 1 and Level 2 support is available at additional cost, by asking sales. Support must be asked in advance not to be treated as emergency.

SECTION 5 - Responsabilities

Payment policy:
Accounting and billing is dealt with througth email only. No payment delay will be tolerated on the basis of a larger transaction flow, or a larger staff base. Should the User attempt to enforce payment delays, the Provider reserves the right to assert extra processing charges to cover any extra billing and accounting work, this in addition to overdue charges. The User understands that the larger a User, the more statistically likely to have User security breaches or conflicts, and therefore the Provider reserves opinion and decision related to the effects assotiated with larger groups. The Provider maintains fair pricing, and fair pricing cannot be made possible without smooth and undelayed transaction flow, else operations are affected. The payment policy, including when and how to pay is decided by the Provider.

Early account termination:
Dedicated servers, Self-Servers, and Remote colocation services have early termination fees, if terminated earlier than the term, or the difference to the end of the term, whichever is higher.

Billing and rebilling:
The rebilling of charges is automatic until the User explicitely decide to stop services with the Provider, or the Provider closes the account. Outstanding charges are not waived upon closure or stop from either party. Rebilling cycles are monthly. Contract terms for Managed servives are yearly, and early termination incur monthly payments until end of term. This terms of service takes precedence over payment method agreements. The Provider can request anytime to change the payment method, should a method fail. Payment of fees shall be made at each billing cycle. Failure to do so can result in extra fees, with the minimum overdue charges. It can also result in account termination, at the discretion of the Provider. There is no refund once service has been provided and transaction completed. The User agrees not initiate any charge back proceedings, at any time, on any card used for payment of rendered services. The Provider reserves the right of payment method choice. Current statement of charges can be obtained on request.

Publication contents
The User is responsible for published and private content, via websites, emails, disks, and other medias. The User waves responsability of the Provider about any content uploaded by the User.

Overdue fees:

  • Statements invoices are Net15.
  • The late fee is 0.88% per week, counting from the due date, and is added to the outstanding due balance.
  • Overdue accounts may be suspended or terminated any time, which by itself does not waive any due amount.
  • Accounts overdue of 45 days or more, can have their resources, systems and hardware, reclaimed by the provider, for compensation of overdue balance, with their actual value determined by the provider.
  • Compensation may include overdue balance recovery work.

Method of payment:
The User cannot change a payment method without prior agreement, to ensure timely payments, but he can update on his own debit or credit card to another one as provided by his bank. Third parties handling accounting or billing on behalf of the User must be legally representing the User, and capable to take responsability for all dues. This means the third party must agree to this terms of service, as the User does, to ensure no breach in security, and that third parties do not abuse their power. A third party who do not agree to this terms of service cannot represent the User, and cannot be added to the access list, to update credit cards, debit cards, or access accounting information. The Provider does not arbitrate conflict between the User and any third party, and the User is ultimately responsible for paying all due fees to the Provider, regardless of his agreements with the third party, and regardless of any tripartite agreements. The Provider reserves rights to allow or deny third-party access, any time, without warning, and without having to give justification. The third party must not have any conflict of interest with the Provider, any such conflict of interest being defined by the Provider. The third party cannot expect, demand or request services, service results, or service performance to the Provider.

Account ownership:
Transfer of account ownership does not entitle the new owner to waive the terms of service, and the new owner and all involved parties must agree in full to this terms of service. To ensure system security, the Provider maintains access list updates. should there be an ownership conclict, the Provider reserves the right to charge which owner to assign and charge, the right to access authentication documents, including but not limited to, federal documents.

Applicable law:
The terms of service are subject to applicable law. International law prevails over country law. Should a conflict between the Provider and the User arise, the Provider reserve the right to choose the district, county, state, country and international jurisdiction of applicable law. The applicable law may or may not use english, and the User is responsible for any translation and translation audit fees, while the Provider reserves rights of choice on a translation service and translation audit service.

Limitation of Liability:
The Provider shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from the Provider's servers going off-line or being unavailable for any reason whatsoever. Further, The Provider shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any account, entirely or partialy, from one of the Provider's servers. All damages shall be limited to the immediate termination of service. The Provider shall be the sole arbiter of what is and is not a violation of these acceptable use policies. The Provider reserves the right to terminate an account at any time and for any reason that causes harm to any of the Provider's customer's account. The Provider reserves the right to delete all content and files upon termination. The Provider reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. The Provider reserves the right to refuse, cancel, or suspend service at its sole discretion. The Provider reserves the right to change the Terms of Service without prior notice or warning. The User is responsible to check every 30 days this terms of service published at the url http://www.rootr.net/terms.html. Copies on other urls are non-authoritative, and may infringe on the Provider's copyright.
Should the User not agree with an updated term of service, he should inform the Provider within 48 hours. Non-enforcement of any part of the Terms of Service does not constitute consent. Any email correspondance with an account holder which is in any way inconsistent with, or which adds to this terms of services agreement is null and void.




 
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