Terms and Conditions

Rootcrate, Inc. Master Products and Services Agreement

This service agreement ("Agreement") is made between Rootcrate, Inc., a Nevada corporation with its principal place of business at 318 N. Carson St., Ste. 214, Carson City, NV 89701 (hereinafter reffered as "Rootcrate" or "Rootcrate, Inc") and any customer purchasing services from Rootcrate (hereinafter reffered as "Customer"), and becomes active at time of Customer's purchase of service.


NO WARRANTY

SERVICE PROVIDED BY ROOTCRATE, INC IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. AT NO TIME SHALL ADVICE OR INFORMATION GIVEN BY ROOTCRATE, INC, ITS AGENTS OR EMPLOYEES, CONSTITUTE A WARRANTY. ROOTCRATE, INC PROVIDES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT INFORMATION OR MATERIAL ACCESSIBLE ON THE SERVICE IS FREE FROM HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL ROOTCRATE, INC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USE OF OR INABILITY TO USE THE SERVICE, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS OF TRANSMISSION, ERRORS, DELETION OF FILES, DEFECTS, OR ANY FAILURE OF PERFORMANCE.


THIRD PARTY ACTIONS

Rootcrate does not and cannot control the flow of data from the local network and other portions of the Internet. Such flows depend on the performance or Internet services provided or controlled by third parties. At times the actions or inactions of these third parties can produce situations where Customer connections to the Internet may be degraded or disrupted. Rootcrate cannot guarantee that such situations will not occur, and accordingly Rootcrate disclaims any and all liability resulting from or related to such events. In the event that the Customer’s use of Rootcrate services or interaction with the Internet or such third parties is causing harm to or threatens to cause harm to Rootcrate or its operations, Rootcrate has the right to suspend or discontinue service to Customer. Rootcrate may restore service when reasonably deemed that there is no further harm or threat of harm to Rootcrate or its operations.


OTHER NETWORKS

Customer is responsible for paying any fees, obtaining required approvals, and complying with all laws or usage policies applicable to transmitting data beyond services provided by Rootcrate and/or through other public and private networks. Rootcrate is not liable or responsible for the performance or non-performance of such networks or their interconnection points.


INDEMNIFICATION

Customer will indemnify, defend and hold harmless the Rootcrate parties from any and all claims, actions or demands arising out of Customer’s use of Rootcrate services alleging: (a) with respect to the Customer’s business: infringement or misappropriation or any intellectual property rights; defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or spamming or any other offensive, harassing or illegal conduct or violation of the Acceptable Use Policy (AUP); (b) any loss suffered by, damage to or injury of any other Rootcrate customer, any other customer equipment or personnel, which loss, damage or injury is caused by acts or omissions by Customer personnel; (c) any personal injury suffered by any Customer personnel arising out of such individual’s activities related to Rootcrate services, unless such injury is caused by Rootcrates’ gross negligence or willful misconduct; or (d) any other damage arising from the Customer’s equipment or Customer’s business. Customer agrees to reimburse Rootcrate for the expense and cost of handling such claims including, without limitation, legal fees.


LIMITATIONS OF LIABILITY

Rootcrate will not be liable for any harm or personal injury to Customer personnel resulting from any cause, other than Rootcrate’s gross negligence or willful misconduct. Rootcrate is not liable for damage to, or loss of any Customer equipment resulting from any cause, other than Rootcrate’s gross negligence or willful misconduct and then only in an amount not to exceed the replacement value of the damaged Customer equipment, or the total amount paid by Customer to Rootcrate for one month’s service, whichever is lower.

In no event will Rootcrate be liable for any incidental, punitive, indirect, or consequential damages (including without limitation any lost revenue or profits) or for any loss of technology, loss of data, or interruption or loss of use of services provided by Rootcrate, or any other similar claims by Customer or related to Customer’s business, even if Rootcrate is advised of the possibility of such damages. Rootcrate will not be liable for any damages or expenses incurred by Customer as a result of any deficiency, error, or defect in Rootcrate services whether due to equipment, hardware, software, or Rootcrate’s failure to correct the same.

Notwithstanding anything contrary in this Agreement, Rootcrate’s maximum aggregate liability to Customer related to or in connection with this Agreement whether under theory of contract, tort (including negligence), strict liability or otherwise will be limited to the total amount paid by Customer to Rootcrate for one month of service.


DATA BACKUPS

Rootcrate is not responsible for customer data or backups of customer data.


REFUSAL OF SERVICE

Rootcrate reserves the right to refuse service. Services are non-refundable.


REMEDY

If you are unsatisfied with the service provided by Rootcrate, Inc or any of its accompanying terms, conditions, rules, policies, guidelines, or practices, the sole and exclusive remedy is to terminate services in writing as provided for in this Agreement.


SEVERABILITY

Should any provision of this Agreement be determined to be invalid, unenforceable or unfit, all other provisions shall remain in full force and effect and said provision shall be reformed to the extent necessary to make it valid, enforceable, or fit.


SURVIVAL

The rights and obligations of the parties in this Agreement that would by their nature or context be intended to survive the expiration or termination of this Agreement shall so survive.


ASSIGNMENT

This Agreement shall be binding upon heirs, executors, administrators, and successors of the parties hereto.

Neither party may assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of the other party, except to an affiliate or party that acquires substantially all of the assigning party’s assets or a majority of its stock as part of a corporate merger or acquisition. Any attempted assignment or delegation without such consent will be void.

This Agreement will bind and inure to the benefit of each party’s successors and permitted assigns.


CHANGES

Customer represents and warrants that any changes made to this Agreement were properly marked as changes and that Customer made no changes to the Agreement that were not properly identified as changes.

This Agreement may be modified only by an instrument in writing duly executed by both parties.


RELATIONSHIP OF PARTIES

This Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between the parties.


CONDIFENTIAL INFORMATION

The terms and conditions of this Agreement, any orders, and other related Rootcrate documents are confidential information.


CHOICE OF LAW

The laws of the state of Nevada govern all matters arising out of or relating to this Agreement and any services provided by Rootcrate, Inc. Any party bringing legal action or proceeding against any other party shall bring such legal action or proceeding in Carson City, Nevada. The parties consent to the exclusive jurisdiction of such court and each party waives, to the fullest extent of the law, any objection that it may now or later have to the exclusive jurisdiction of such court. The Rootcrate, Inc account holder agrees that all services provided by Rootcrate, Inc shall be deemed to be requested and provided in Carson City, Nevada.


Rootcrate Acceptable Use Policy (AUP)

This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral
part of your Agreement with Rootcrate, Inc. If you engage in any of the activities prohibited by this AUP
document Rootcrate, Inc may suspend or terminate your account.

Rootcrate, Inc's Acceptable Use Policy (the "Policy") Rootcrate Services is designed to help protect Rootcrate, its customers, and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Rootcrate, Inc. Rootcrate, Inc may update the Policy with notice to Customer and at no time shall such updates constitute a change to the Agreement.

PROHIBITED USES OF ROOTCRATE, INC SYSTEMS AND SERVICES:

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Rootcrate, Inc's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on Rootcrate, Inc's servers, is prohibited. Rootcrate, Inc accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Rootcrate LLC customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Rootcrate, Inc-hosted domain, or referencing any Rootcrate, Inc account, is prohibited.

4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Rootcrate, Inc customers or end-users by any means or device.

9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Rootcrate, Inc network or on another provider's network.

10. Using Rootcrate, Inc's Services to interfere with the use of the Rootcrate, Inc network by other customers or authorized users.

11. Transmitting “backscatter”; incorrectly automated bounce messages sent by mail servers, typically as a side effect of incoming spam.

12. Utilizing Rootcrate, Inc's outbound mail servers to propagate dictionary attacks against any domain.

13. Rootcrate, Inc does not, as a general rule, permit our outbound mail services to be used for any type of one way mailing list. Interactive lists are permitted (i.e. mailman).


CUSTOMER RESPONSIBILITY FOR CUSTOMER'S USERS

Each Rootcrate, Inc customer is responsible for the activities of its users and, by accepting service from Rootcrate, Inc, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a Rootcrate, Inc customer will be forwarded to the Rootcrate, Inc customer's authorized contact for action. If violations of the Rootcrate, Inc Acceptable Use Policy occur, Rootcrate, Inc reserves the right to terminate services with or take action to stop the offending customer from violating Rootcrate, Inc's AUP as Rootcrate, Inc deems appropriate, without notice.


REPORTING POLICY VIOLATIONS

Violations to this policy should be reported to abuse <at> rootcrate.com.

OUR VIEW ON SPAM

Rootcrate, Inc takes the position on a message as UBE or spam is based on the consent of the
receiving party, not about content. Any action that causes Rootcrate servers, networks, or transit to be
“blacklisted” or denies service to other customers will be viewed as a violation of this acceptable use policy and
in default of the Agreement. Accounts suspended or terminated for AUP violations are not eligible for refunds.

Rootcrate Billing Policy

PAYMENT METHODS

We accept the following forms of payment: credit card, check, cashier's check, money order.


PAYMENT

Customer will pay all invoices from Rootcrate within thirty (30) days of the date of the invoice. Invoices are due upon receipt and are past due if unpaid after the due date, past due date, or "late" date shown on the invoice. Such past due, late, or unpaid invoices will result in automatic suspension of applicable services, late fees, cancellation, or termination of services. It is the Customer's responsibility to ensure that invoices are paid on time or to contact Rootcrate if assistance is required.

All amounts must be in U.S. Dollars payable to Rootcrate, Inc. Checks must be drawn on a US bank. Please ensure that the payment will arrive with sufficient time to reach us before an invoice becomes overdue or services may be suspended by our automated system before we can post the payment to your account. If a payment will be late, it is the Customer’s responsibility to notify Rootcrate.

Customer shall be in default of this Agreement for any invoice not paid within 30 days of the due date, past due date, or “late” date shown on the invoice, and Services provided to Customer by Rootcrate will be terminated for non-payment.


CANCELLATION

Customer must notify Rootcrate of their intent to cancel Services in writing by email to billing@rootcrate.com or by postal mail to the address given in section “NOTICES”. Customer must give at least 30 days written notice to cancel services, or at least 60 days written notice for early terminations.

When Rootcrate receives a cancellation request from Customer, Customer will be sent a cancellation form which must be signed by Customer to authorize the cancellation. Once Rootcrate receives a signed and dated cancellation form, Customer will be provided with confirmation of Services to be canceled, the effective date of cancellation, and a summary of any early termination liability or other amounts due under this Agreement.


SERVICE TERM AGREEMENTS

Services ordered with a service term will have the term length stated on the order form.


MINIMUM PURCHASE AMOUNT

Our minimum purchase amount per invoice is $5.00 USD. Invoices that total less than this amount will have a service fee applied to equal $5.00.


PAPER INVOICING

When choosing to be invoiced by mail instead of online (via email or the account control center), a handling fee may be applied per invoice.


LATE FEES

Late fees may be assessed as 1.5% per month of the total amount due or the maximum allowed by law, whichever is greater. Late fees may be waived if a payment was postmarked within 7 days of the due date.


INVOICE ACCURACY

If you believe that you have been billed in error, you must submit your dispute in writing within 60 days of the date of the invoice containing the disputed charge or the invoice will be considered correct.


CHARGEBACKS AND RETURNED CHECKS

In the event of a chargeback, returned check, or similar post-transaction event resulting in funds debited from Rootcrate, Inc, the associated invoice(s) will be considered unpaid. Outstanding balances must be paid by cashier's check, certified check, or with a credit card signature authorization by fax. A handling fee of $35 will be applied.


PAYMENT BY CHECK

When paying by check or cashier's check, include a copy of the invoice and make payable to "Rootcrate, Inc". When you provide a check as payment, you authorize Rootcrate, Inc to either use information from the check to make a one-time electronic fund transfer (EFT) or to process the payment as a check transaction. When used for an EFT, funds may be withdrawn the same day we receive a payment.


AUTOMATED INVOICE PROCESS

Rootcrate uses an automated billing system to generate invoices, send reminders, and handle past due accounts. We do not employ dedicated billing staff to monitor the system; any questions or concerns regarding a billing issue should be brought to our attention.


Rootcrate Privacy Policy
At the Rootcrate we maintain a commitment to the protection of our customer's personal information. Information collected by Rootcrate will never be sold, shared, rented, or disclosed to a third party.

In the course of normal operations Rootcrate may collect the following information: name, email address, company name, phone numbers, fax numbers, IP addresses, DNS host names, domain names, port mappings, payment history, payment amounts, payment methods, date of payments, credit card number, billing addresses, and services purchased.

This information may be used to provide services as requested or orders initiated by the Customer.


PAYMENTS

In order to process payments for services rendered Rootcrate may request additional information to the extent as required to process such payments.


LOGGING AND SYSTEM ADMINISTRATION

Our operations staff will use IP addresses to monitor all servers, routers, BGP peering sessions, account manager access, and any other IP traffic within our networks. This information may appear in any of our logs during the course of normal systems and network operation.


SPAM OR COPYRIGHT REPORTING

If an account violates Rootcrate's Acceptable Use Policy account information may be disclosed for reporting purposes.


OUTSIDE LINKS

Pages contained within our websites may contain links to third parties. Rootcrate is not responsible for privacy or content involving or related to third parties.


SURVEYS AND MARKETING INFORMATION

Rootcrate may provide surveys or promotional material to our account holders based on their contact preferences as indicated in the account manager. Participation is strictly voluntary. Any surveys created by the Rootcrate will be used solely for the purpose of improving and providing additional services to our customers.

 

ENTIRE AGREEMENT

This Agreement, including the Service Order Form and Schedule(s) hereto, constitutes the entire agreement between the Parties pertaining to the subject matter hereof and supersedes all prior or contemporaneous, written or oral negotiations, agreements, negotiations, correspondence and understandings between the parties respecting the subject matter of this Agreement.

The Section headings in this Agreement are inserted for convenience of reference only and shall not be used in interpreting this Agreement.