Terms Of Services
Kindly review service terms then accept when ordering.
Notice, Governing Law, Force Majeure, Waiver, Entire Agreement. Any notice which either Party may desire to give the other Party must be in writing and delivered, by mail or facsimile to the relevant Party at the address of such Party as set forth in this Agreement or such other address as the Parties may hereinafter designate. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida, except that body of law concerning conflicts of law. Venue will be Volusia County, Florida. RofyHost shall not be liable to you for any delay or failure to perform which results from causes outside its reasonable control. A judicial determination that any provision of this Agreement is invalid in whole or in part shall not affect the enforceability of those provisions found to be valid. If RofyHost fails to require performance of any duty hereunder by you, such failure shall not affect its right to require performance of that or any other duty thereafter. The waiver by RofyHost of a breach of any provision of this Agreement shall not be a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision herein. This Agreement, including any supplements, modifications or amendments hereto, and the E-Mail, including any supplements, modifications or amendments thereto, shall constitute the entire agreement between the Parties regarding its subject matter. This Agreement supersedes any and all previous proposals, representations or statements, oral or written. Except as otherwise stated in this Agreement, any modifications to this Agreement must be in writing and signed by authorized representatives of both Parties.
Assignment. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, and their respective representatives, successors and permitted assigns. This Agreement shall not be assignable by you, without the express written consent of RofyHost, including to an entity in which it has merged or which has otherwise succeeded to all or substantially all of your business and assets to which this Agreement pertains and which has assumed in writing or by operation of law its obligations under this Agreement. Any attempted assignment in violation of this provision will be void.
Attorneys Fees. In the event there is any dispute concerning the terms of this Agreement or the performance of any Party hereto pursuant to the terms of this Agreement, and any Party hereto retains counsel for the purpose of enforcing any of the provisions of this Agreement or asserting the terms of this Agreement in defense of any suit filed against said Party, the successful or prevailing Party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding from the other parties, in addition to any other relief to which it may be entitled.
Counterparts. This Agreement may be sent via facsimile and executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
You shall indemnify, defend and hold RofyHost and its affiliates harmless from and against any damage, loss, expense (including reasonable attorney's fees and costs related to litigation) or penalty or any claim or action therefore, by or on behalf of any person, arising out of: (a) any material on the your Web Site as linked through RofyHost Network, including without limitation, those arising from claims or suits for defamation, copyright or trademark infringement, misappropriation, violation of the Lanham Act or rights of privacy or publicity or from any and all similar claims now known or hereafter devised; (b) a breach by you of a warranty under this Agreement; (c) any negligence or willful misconduct by you.
RofyHost PROVIDES ALL MATERIALS AND THE SERVICES TO YOU AND ITS SUBSCRIBERS "AS IS." RofyHost MAKES NO OTHER WARRANTIES AND RofyHost DISCLAIMS ALL WARRANTES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. RofyHost. DOES NOT WARRANT THAT THE SERVICES OR SIGN-UP PAGE WILL BE INTERRUPTED OR ERROR FREE, NOR DOES RofyHost MAKE ANY WARRANTY AS TO THE PERFORMANCE OR ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES OR THE SIGN-UP PAGE. In addition, there are no guarantee's made on actual profit that can be made through our reseller plans. Any profit calculations are only examples and are not guaranteed. All resellers are Independent Contractors.
LIMITATION OF LIABILITY
NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CONSTITUTE A WARRANTY, EXCLUSIVE OF SUCH SPECIFICALLY DESCRIBED HEREIN. RofyHost 's MAXIMUM LIABILITY TO YOU UNDER THIS AGREEMENT, AND YOUR EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, WILL BE LIMITED TO THE RECOVERY OF ACTUAL DAMAGES UP TO THE TOTAL AMOUNT OF $250. IN ADDITION, RofyHost SHALL NOT BE LIABLE TO YOU FOR LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RofyHost MAY SEEK INJUNCTIVE RELIEF TO PREVENT YOU FROM DISSEMINATING RofyHost 's CONFIDENTIAL INFORMATION OR FROM UNAUTHORIZED USE OF RofyHost 's COPYRIGHTS and/or TRADEMARKS.
SPAMMING IS NOT PERMITTED
Do not advertise or put our link on any site that is promoted in any way related to unsolicited email, ICQ or IRC spams, or newsgroup postings. Opt-in email newsletters require pre-approval. If we receive spam complaints, your link will be disabled, your account will be immediately terminated, and we will take LEGAL ACTION against you. Please be aware, MRG lists is not acceptable, as well as, any other program that hides the sender email address. We terminate sites without notification when any of these types of programs are discovered. First violations of this policy will result in an "Administrative Fee" of $50 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $100 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $75 per hour that RofyHost personnel must spend to investigate the matter.
We also monitor "Bulk E-mail". While cpanel has a mailing list program installed, any mailing over 2500 messages must be pre-approved. In addition, any site sending over 5000 messages per month will be considered "Bulk". Bulk e-mail ties up the mail queue and delays messages for other users. Therefore, we must limit the amount of use on any shared server. There are some arrangements that can be made to accommodate a user with a large list which includes extra fees and special mail scheduling software. Please be aware that posting to Free for All web pages could generate "bulk email" from autoresponders of the FFA list users you have posted to. We may need to take action if these autoresponders are spamming the server and causing the mail queue too many delays.
Your site must be legal in representation and abide by all laws within the United States of America. Although we do not monitor the content of all sites all of the time, we will not host websites that have warez, extremely offensive, or illegal content, or link to websites that have illegal content. Adult website which are legal and non-pornographic are allowed. The website cannot attempt to download any virus or malicious or annoying files when opened. IRC bots, programs, or networks of anykind are not allowed. If an IRC program is discovered, immediate termination will result without warning. The following processes are illegal on our servers and will be killed automatically: BitchX, bnc, eggdrop, guardservices, ircd, psyBNC, ptlink, or like services. Websites with processes that consume or take the server load to an unmanageable level will have that process terminated immediately - this includes the use of VI Edit or VIM. Accounts granted SSH access that are found to have processes running in this same manner will have SSH access deactivated for a minimum of 6 months.
We reserve the right, at our request, to see all referring pages and servers logs if necessary. If illegal content is discovered, upon request, we will turn over all site related documents, files and logs to the proper authorities. We reserve the right to terminate webmasters without payment who make derogatory comments about the service or employees of RofyHost Internet Solutions. We reserve the right to suspend or terminate at will for non-payment. Sites suspended for non-payment wishing to become unsuspended, may be required to pay for an entire year in advance to leave suspended status and/or must pay a $10.00 re-activation fee, per incident. In addition, all fees due, must be collected before re-activation. Accounts that are not collectable by RofyHost.com may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50, but no more than $150. There is a charge of $25.00 each time we attempt to charge your credit card and or paypal account for service and that transaction is declined. This fee must be paid or your account will be suspended until such time as all fees are paid. RofyHost offers a full 30-day money back guarantee on its hosting service. A full refund will be given within the first 30 days of an account begin paid, so long as it is due to a technical problem. RofyHost.com must be made aware of such issues using our support trouble ticket system and have ample time to correct such issues before refunding payment back to customer. All set-up fees are non-refundable. After customers initial 30 days, you may cancel at anytime with 15 days written notice to us. At such time monthly subscribers will not be billed for the following full months payment.
Powered by WHMCompleteSolution