Terms of Use of RootAxis Limited. You must read our terms of use before purchasing or ordering or using any of our product or service.

rootaxis.com (hereinafter referred to as “RootAxis Limited”) provides web hosting to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using RootAxis services.

Unlimited Traffic/Hits & Web Space

RootAxis Ltd is pleased to offer our clients unlimited traffic, hits and web space. To maintain the integrity of our service the usage of account for backup or file storage is not allowed as well as the following kind of activities, traffic and usage:

Account usage for backup purposes

• Sites with banners, graphics or cgi’s running from their domain being used on other domains.
• Sites with immense graphic archives or galleries.
• Sites offering immense download archives, such as .zip, .tar, .ra and .GZ.
• Sites running large chat room gatherings.
• Topsites
• IRC Scripts and Bots of any kind unless it was explicitly permitted by RootAxis Limited management
• Proxy scripts/anonymizers
• Image hosting similar to Photobucket, Twitpic, Imageshack and others
• AutoSurf/PTC/PTS/PPC sites
• IP scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror similar to Rapidshare and others
• Audio Streaming with more than one or two streams
• Escrow, Bank Debentures, Bank Debenture Trading programs and sites
• High-Yield Interest Programs (HYIP) or related sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme and such)
• Prime Banks Programs
• Lottery sites
• MUDs/RPGs/PBBGs
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Fraudulent Sites of any kind
• Mailer Pro hosting sites
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Sites using more than 20% of any system resource including but not limited to CPU, RAM or Disk

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or RootAxis Limited may move your site to a different server, to reduce the load on the server you are currently residing. RootAxis Limited will be the sole arbiter as to what constitutes a violation of usage limitations. At any time RootAxis Limited may move your site to a different server, to reduce the load on the server you are currently residing.

Chat Rooms
RootAxis Limited does allow clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. We do provide a html based cgi chatroom that runs without hindering the performance of the machine for others. You are free to run your own chat script, as long as it does not hinder server performance.

Background Processes/Programs
RootAxis Limited may allow programs to run continually in the background, these are considered on a one to one basis and a extra charge may be incured based on system resources used and operational maintenance needed.

Cron Jobs
RootAxis Limited does allow Cron Jobs to be conducted on our servers.

IRC
RootAxis Limited currently does not allow IRC or IRC bots to be operated on our servers.

Multiple Connections
Multiple telnet and ftp sessions are allowed, on a single hosting account.

Idle Timeouts
RootAxis Limited may disconnect any idle connection to the network.

Average timeouts are
FTP – 300 seconds
Telnet – 2 hours

Commercial Advertising – Email
Spamming, or the sending of unsolicited email, from a RootAxis Limited. server or using an email address that is maintained on a RootAxis Limited. machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.

RootAxis will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 5000 pieces per DAY and no more than 20 pieces per minute. Many times we have seen sites push over 1000 emails in one hit, this causes extreme server loads and prevents other people from accessing server services. Large mailings are preferred to be sent from the hours of 12AM – 8AM EST. Sites with large mailing databases, need to be placed on dedicated server or VPS platform.

Server Abuse
Any attempts to undermine or cause harm to a RootAxis server or customer of RootAxis Limited. is strictly prohibited. RootAxis Limited. will pursue legal action to the fullest extent for all abuse of the RootAxis Network.

Suspension/De-Activation
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. RootAxis Limited reserves the right to remove any account without prior notice. If RootAxis Limited deactivates your account(s) for violating policy, your will forfeit your rights to a refund…and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation.

Privacy Policy

• RootAxis Limited. respects the privacy of every individual who visits our Web sites, responds to our interactive advertisements or sends us e-mail. This Privacy Statement outlines the information RootAxis Limited will collect and how we will use that information. All order forms on RootAxis Limited utilize a Secure Socket Layer (SSL) or Secure Electronic Transaction (SET) protocol to provide “secure sessions” for our visitors. Through the “secure session,” information that you input into a RootAxis Limited order form will be sent and will arrive privately and unaltered at a RootAxis Limited server. This security prohibits other companies and Web users from being able to access your information.
• RootAxis Limited will not collect any personally-identifiable information about you (that is, your name, address, telephone number, or email address) unless you provide it to us voluntarily.
• The following are some examples of when RootAxis Limited may require that you provide personally-identifiable information:
• to complete an online order for a product or service (if you do not wish to complete an online order form, we will always provide an option for you to complete an order by calling a toll free phone number)
• to enter an online contest or sweepstakes (if you do not wish to complete an online contest or sweepstakes form, we will always provide an option for you to enter by mailing a 3 x 5 card to a specific address)
• to request more information about new or current RootAxis Ltd products or servicesIf you do not want your personally-identifiable information collected, please do not submit it to us. If you have already submitted this information and would like for us to remove it from our records, please contact us at the email address listed at the bottom of this Statement. We will use reasonable efforts to delete your information from our existing files.
  When you do provide us with personally-identifiable information, we may use that information in the following ways, unless stated otherwise:
• We may store and process that information to better understand all customer needs and how we can improve our products and services for all customers
• we may use that information to contact you with new promotions and announcements if you have previously provided your permission and if the promotions and announcements are in your interest
• we may contact you if we have questions about your account

RootAxis Limited will not sell personally-identifiable information to third parties, unless stated at the time of collection. We may share information with business partners. We are committed to giving you the choice whether or not we use your information for marketing purposes or share information with business partners.

Terms of Service (TOS)

The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our services. Use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of RootAxis’s services implies agreement with these terms!

The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using RootAxis services.

CONTENT:
All services provided by RootAxis Ltd may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless RootAxis Ltd from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any RootAxis Ltd server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to RootAxis Ltd servers or any other server on the internet. Links to such materials are also prohibited. Contact our sales department for any clarifications.

EXAMPLE OF NON-ACCEPTABLE CONTENT

• Pirated software
• Bulk Email related products
• Pornography/Nudity/Adult Content
• Hacking/cracking related websites
• Warez and/or copyrighted MP3s
• Material illegal under United States of America law
• Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)

rootaxis.com will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!

COPYRIGHT VIOLATIONS

RootAxis will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.

SYSTEM RESOURCE USAGE
If RootAxis’s system administration team determines that an account is utilizing an unacceptable amount of system resources, RootAxis may temporarily deactivate the account in question. If RootAxis’s staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases; RootAxis will do all it can to assist customers prior to this scenario. RootAxis Ltd will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

BACKUPS
RootAxis performs nightly backups of shared and reseller servers; however, these backups are for RootAxis’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. RootAxis does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on RootAxis’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

UNSOLICITED EMAIL (SPAM)
SPAMing, or the sending of unsolicited email, from a RootAxis Ltd server or using a return email address that is maintained on a RootAxis Ltd server is STRICTLY prohibited. Using SPAM to advertise a site hosted on RootAxis’s network also constitutes as a violation of this provision. RootAxis Ltd will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued. For anyone intentionally spamming on our systems, we reserve the right to bill them at rate of $90/hour for any cleanup, research, and related work from their illegal activities.

Help us STOP SPAM! Please email our

Abuse Department
immediately to report a violation of our SPAM policies abuse@rootaxis.com.

SERVER ABUSE
Any attempts to undermine or cause harm to a RootAxis Ltd Internet Solutions server or customer of RootAxis Ltd is strictly prohibited.

RootAxis Ltd will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation without refund. RootAxis will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

FAILURE TO FOLLOW POLICIES
Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to RootAxis’s discretion). Any accounts and/or servers contained within RootAxis’s network must adhere to the above policies.

PLEASE NOTE: We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund–and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required. RootAxis Ltd reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.

ANY QUESTIONS ?
Any questions regarding this agreement should be sent to
contact@rootaxis.com
prior to signing up for service