Terms of Service
Last Updated on June 11, 2021
While we facilitate your business on the Internet, we are an independent contractor. Therefore, we only have control of the products and services we provide directly and are not liable for your actions, the actions of third-party service providers, or the actions of individuals who use your products and services (“End Users”).
Rovity provides many services and products to its customers, collectively referred to in these TOS as the “Services.” Regardless of whether you pay for a Service or it is provided as part of a package or for free, any Service you request or allow to be provided by Rovity is included as part of the “Services” we refer to in these TOS and the Policies. All Services are subject to each of our Policies. Third parties may also provide services. Their terms of service or use that may contain additional or different terms will also apply to your use of their services. We may change the specifications or details of the Services at any time. Still, we have no obligation to revise the Services. Additionally, the third parties we contract with to provide Services may change their offering between the time of purchase and the date the Services are delivered. We will use commercially reasonable efforts to inform you of changes to the Services.
Terms Specific to Domain Name Services
We resell domain names. When you apply to register a domain name, your request will transmit to Public Domain Registry. Using our Domain Name Services, you agree to be bound by Public Domain Registry’s domain name registration policies and procedures, so please read them. These policies and practices are available at https://publicdomainregistry.com/legal/. Because of domain name registration mechanics, we cannot guarantee that we will register your domain name. After registration, it is your responsibility to ensure your domain name does not lapse for whatever reason. We are not responsible for any lapse or any damages caused by any lapse.
It is your sole responsibility to thoroughly investigate and ensure that the domain name you register does not infringe on the legal rights of others. We do not check to see whether a domain name you register or use infringes on the legal rights of any third party, and we suggest you seek the advice of legal counsel before registering any domain.
Rovity will use commercially reasonable efforts to comply with any legal order to cancel, modify, or transfer your domain name. ICANN’s Transfer Policy requires a 60-day transfer lock to apply to your domain name(s) in the event of any “Change of Registrant.” Rovity currently locks your domain name for any change involving your WhoIs information. This feature is designed to protect your domain from any unauthorized attempt to transfer your domain. We do not offer an option to opt out of the 60-day transfer lock. Any “Change of Registrant” as defined by ICANN’s Transfer Policy will subject the domain to a 60 days transfer lock. Please note that the parameters that trigger the 60-day transfer lock are subject to change. The current parameters which trigger the 60-day lock include (A) change of registrant First Name, (B) change of registrant Last Name, (C) change of registrant Organisation Name, (D) change of registrant Email. You also agree and understand ICANN’s policies for Domain Verification and any other current or future policies they might enact.
Terms Apply to All Hosting Services
Using our Hosting Services, you may not place excessive burdens on our CPUs, servers, or other resources, including our customer support services. You understand that bandwidth, connection speeds, and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Services, including suspension or termination of your account or a reduction in bandwidth available for your use (also known as bandwidth throttling), at our sole discretion. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers.
Backups should be downloaded and removed after creation. We may remove backups older than thirty (30) days in a customer account from the server at our discretion for Shared SSD Hosting accounts.
For Shared SSD Hosting, the terms “unlimited” and “unmetered” are defined by our experience with similarly situated customers. This means that your use of our resources may not exceed that of similarly situated customers. Shared SSD Hosting use may not include (i) streaming content (other than that which is incidental to your website’s operation), (ii) management of enormous photo galleries, (iii) storage of a large amount of uncompressed or full-size digital images, (iv) online file (FTP) serving, (v) distribution of large audio or video content such as MP3 files, and (vi) online backups (i.e., backup of desktop/laptop computer, files, or anything not directly related to the website). You agree that we may remove impermissible materials from our servers at any time at our sole discretion without notice. We may also delete the following types of files if we find them to be using excessive amounts of disk space, mainly if affecting other customers: (i) DirectAdmin or other backups stored locally, (ii) Softaculous backups stored locally, (iii) Softaculous backup temp files, (iv) Common CMS backups stored locally, (v) Common CMS backup temp files, (vi) Common CMS backup logs, (vii) excessively sized error logs, and (viii) any other large files deemed unnecessary for core website functionality or not containing any valuable data.
Email Hosting enables a user to use specific Services, including DirectAdmin services, to create or delete email accounts, manage passwords, set mailbox space quotas, or configure other server-specific settings. Email Hosting services are subject to certain storage limitations. We may auto-delete email in your trash after such email becomes more than thirty (30) days old to help you manage storage limits. We may also remove mail in your spam or bulk mail folder after such email becomes more than thirty (30) days old to help manage storage limits. Notwithstanding any automatic complimentary backup services, you should back up and save your emails locally to ensure they will be available when needed. If an email is deleted, we will use commercially reasonable efforts to retrieve such email. Still, we cannot guarantee the recovery of any emails. In addition, email accounts may be subject to storage quotas specified in a particular package.
Our Email Hosting Services do not ensure that your inbound and outbound emails will be delivered; settings beyond our control may impact email deliverability, including emails being sent to a spam folder or emails not being delivered at all. In addition, IP address blacklisting beyond our control may also affect email delivery.
Using our product and services to host or share any illegal contents such as a pirated copy of any digital assets, cracked or nulled software and scripts, facilitate forums to engage activities such as carding is strictly prohibited. Once we find any illegal activities by ourselves or any private or government agencies, we shall suspend or terminate the service without formal notice. As we believe that account holders are responsible for the content they host in their hosting accounts, it is unnecessary to send an official warning. We will not provide any refund at any time if the account is used for such activities, or we won’t accept any formal chargeback due to the violation of this Terms of Service.
You will not have physical access to any of the servers on which your data stored. Our infrastructure partners or we will often share these servers with third parties. Use by any third party may affect your use and administration of the server. You shall not take any actions to limit the usage of or alter the server or Service functionality or the functionality of any related equipment.
A third party provides DirectAdmin. When you subscribe to the use of DirectAdmin with any of the Services, you agree to be bound by DirectAdmin’s End User License Agreement, available at https://www.directadmin.com/agreement.html. Please be sure to review DirectAdmin’s End User License Agreement before use of DirectAdmin-related Services.
You warrant that before you use any of the Services or sign up for an account that you are at least 18 years of age and have the authority to bind yourself or the entity you represent to this TOS. You may be subject to a credit check and screening for potential fraud, and you must supply accurate information for purposes of this screening. Further, before using the Services, you represent and warrant to Rovity that: (i) you have the experience and knowledge necessary to use the Services; (ii) you understand and appreciate the risks inherent to you, your business, and your person, which come from using the Services in particular and doing business on the Internet in general; and (iii) you will provide us with material that may be implemented by us to provide the Services.
You are required to provide us with accurate information when setting up your account. You must also keep this information, including your email address, up to date during our relationship. On occasion, we may need to communicate with you by email about the Services. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on email communications that are misdirected or blocked by a third party application due to your failure to maintain an updated account and contact information for circumstances beyond our control.
You are responsible for all actions performed with, by, or under your account credentials, whether done by you or others. All account access, password, and other security measures are your responsibility. Rovity is not liable for any damages, direct or indirect, resulting from unauthorized account access or use.
In connection with support services, you will be responsible for all authorized actions taken by our support personnel using your login. Before you request support, you should backup your data.
You agree to give Rovity permission to access your accounts to troubleshoot technical issues with the account or server and confirm compliance with our policies. We also conduct automated scans of data for security purposes and reserve the right to change permissions, modify files, or quarantine files deemed malicious.
Term of Agreement; Billing & Payment
We are not bound to perform Services until we receive payment from you when you checkout through our web platform (the “Effective Date”). We will begin delivering the Services on the Effective Date and continue until the date set out on the page describing the Services located at https://rovity.io/my-account/clientarea.php (“Initial Term”). If the Services page does not contain an Initial Term, the Initial Term shall be one month.
Regardless of the method of termination by you, valid proof of account ownership and authorization to cancel are required to terminate an account.
Before canceling, please contact us and request an escalation of your issue if your cancellation is due to unsatisfactory services or an unsatisfactory answer to a previous case. In addition, if your agreement with us is for a set term, please contact us before canceling to determine your charges in connection with the termination. All cancellation requests need to be submitted through our online cancellation form found at https://rovity.io/my-account/clientarea.php.
We reserve the right to suspend or cancel the Services without notice immediately: (a) for a violation of these TOS, including any of our Policies; (b) for your failure to pay any amounts due, (c) to prevent a service interruption by an Internet Service Provider or other network services provider, or (d) to protect the integrity of Rovity’s network or the security of the Services. You are not entitled to notice or protest should we exercise these rights. Your account will be closed upon termination, data deleted, and you must pay all fees due and payable to us. Once your account is closed, we have no responsibility to (x) forward email or other communications or (y) maintain any data backup that predates the termination date. If allowed, you are encouraged to keep the Service active during a transition period should you seek to forward your email or other communications. Suppose we suspend or terminate your use of our Services because you have violated these TOS, including any of our Policies. In that case, we will not provide you with a credit.
You may terminate the Services upon the occurrence of a material breach by Rovity, which has not been cured within ten (10) days of our receipt of written notice of the violation. A material breach does not include any of the items listed in Section 19(b). Notice of a material breach must contain sufficient detail to identify the violation and take corrective action.
Suppose we can provide data from the backup in an account that has been terminated. In that case, you will be subject to a one-time charge of twenty-five dollars ($25) or more to cover the cost of the access. In addition, all data in accounts that are not renewed or are terminated will be removed from our servers and will likely be irretrievably lost. We will also cancel any domain registration packages associated with these accounts.
Use of the Services
These TOS, including our Policies, govern your use of the Services. Rovity provides no guarantee that the Services will be uninterrupted or continuous or that you will be able to access Rovity’s network at a particular time. Any data transmitted by Rovity is accurate, error-free, virus-free, secure, or inoffensive.
You may provide us with a written or verbal endorsement of our Services in connection with your use of the Services (“Endorsement”). The Endorsement will be the actual first-hand account of your experience using our Services, and we may, at our discretion, use the Endorsement to promote our Services in-person, in print, online, and all other media. We may also edit the Endorsement for brevity or other reasons, so long as it is consistent with your original Endorsement. In connection with our use of your Endorsement, you now agree that we may use your first name, last initial, home state, voice or likeness, and contact information in connection with its publication of the Endorsement. If, at any time, you want us to stop using your Endorsement, please contact us using the contact information in Section 19, and we will cease using the Endorsement soon after processing your request.
You acknowledge that it is solely your responsibility to regularly backup and maintain copies of your data outside of Rovity’s network. Rovity is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension.
Licenses, Intellectual Property, and Data Ownership
Services performed or provided by Rovity are not “work made for hire,” and we now grant you a license to use the Services and technology under the terms of these TOS, including our Policies. The license is non-exclusive, non-transferable, non-sublicensable worldwide, and royalty-free. It terminates when you or Rovity terminate the Services.
All right, titles and interests in Rovity’s technology shall remain with Rovity or Rovity’s licensors. You are not permitted to circumvent any devices designed to protect Rovity, or its licensors’, ownership interests in the technology provided to you. Also, you may not reverse engineer this technology.
Rovity warrants that it will perform the Services by prevailing industry standards. To make a warranty claim, you must notify Rovity in writing, specifying the breach in reasonable detail, within thirty (30) days of the alleged violation. Your sole and exclusive remedy and Rovity’s sole and exclusive obligation, in the case of a breach of warranty is, at Rovity’s option, to (i) re-perform the Services or (ii) issue you a credit based on the amount of time the Services were not in conformity with this warranty, subtracted (“pro-rated”) by the amount of time they were in conformance. SERVICES PROVIDED BY THIRD PARTIES ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY.
Your Representations and Warranties
You agree to reasonably 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 and ensuring that you, your employees, and agents have sufficient technical expertise to understand how to implement the Services.
It is your responsibility to ensure that you can connect with us to use the Services. You represent and warrant that you, or the entity you represent, have the sophistication and technical skill to utilize the Services.
You warrant and represent that you have full authority and power to agree to the terms of these Policies on behalf of the company you represent, if any.
EXCEPT FOR THE WARRANTY IN SECTION 14, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO Rovity), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Rovity gave no oral or written information or advice, its employees, agents, owners, directors, officers, or affiliates under these TOS, or otherwise, shall create a representation or warranty or in any way increase the scope of any terms and warranties outlined in this TOS. Rovity does not represent or warrant that the Services are complete or free from defects or errors.
Rovity is not liable and expressly disclaims any liability for the content of any data transferred either to or from you or stored by you or any of your customers via the Services provided by us. Rovity is not responsible for any loss of data for any reason. Rovity is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration, or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.
Rovity is not liable and expressly disclaims any liability for data breaches or data compromise caused by your failure to keep web applications, including plugins, up to date.
Rovity SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. We shall pass through no warranties, either express or implied, made by these third party entities to Rovity to you, nor shall you claim to be a third-party beneficiary of those warranties.
Limitation of Liability
You should ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. You agree that Rovity has no liability, of any sort, for content you or your customers access from the Internet.
In no event shall Rovity be liable to you in connection with these TOS or the Services, regardless of the form of action or theory of recovery, for any: (a) data loss, (b) direct, indirect, special, exemplary, consequential, incidental, or punitive damages, even if that party has been advised of the possibility of such damages; or (c) lost profits, lost revenues, lost business expectancy, business interruption losses, or benefit of the bargain damages. For this paragraph only, the term “Rovity” shall be interpreted to include Rovity’s employees, agents, owners, directors, officers, and affiliates.
Notwithstanding anything to the contrary contained in this policy, Rovity shall not be liable for any indirect or consequential damages, including damages for lost profits, loss of opportunity, loss of sales, or loss of search engine rank, suffered by you, your users, your clients, and your visitors, during periods of scheduled maintenance, service suspensions, and violation of these Policies.
IN NO EVENT WILL Rovity’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES RECEIVED BY Rovity FROM YOU FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
Rovity will not be held responsible for any: (i) force majeure events described in Section 20(b), below, (ii) problems or service outages caused due to reboots during standard maintenance periods, or (iii) Scheduled Downtime, as further defined in our Server Maintenance Policy. In addition, our uptime commitment described in the Server Maintenance Policy does not apply to disruptions to your use of the network because of a violation of these TOS, including our Policies.
You agree to indemnify, defend, and hold harmless Rovity and its personnel, parent, subsidiaries and affiliated companies, third party service providers, and each of their respective officers, directors, employees, shareholders, and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services, including any data migration-related efforts you request from Rovity personnel or authorize Rovity personnel to conduct; (ii) any violation by you of these TOS or any of Rovity’s Policies, including those violations that result in a disruption of the network; (iii) any breach of any of your representations, warranties, or covenants contained in these TOS, including the Policies; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS or the Services. For this paragraph only, the words used to designate “you” include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.
Rovity shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit, or proceeding brought or threatened against you so far as it is based on a claim that Services provided by Rovity hereunder infringes any patent, copyright, or trademark. This indemnification provision is expressly limited to Services that Rovity wholly owns. It does not extend to products or services provided by third parties. If contained and permitted in its agreements with third-party suppliers, Rovity shall flow down applicable intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying Rovity promptly in writing the claim and giving Rovity full authority, information, and assistance for the defense and settlement. If an infringement claim has occurred, or in Rovity’s opinion is likely to occur, Rovity shall have the right, at its option and expense, either to (i) procure for you the right to continue using the Service(s); (ii) replace with the Service(s), regardless of manufacturer, performing the same or similar function as the infringing Service(s), or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate the infringing or affected Services and refund the Fees charged by us for the period in which the Services were unavailable.
Notices will be sent to you at the email address in your account. Therefore, you must ensure that we have the most current email address for you by keeping your account information updated.
Please refer to our website, https://rovity.io, for contact information for most issues, including technical support and billing. Notices regarding this TOS and other Rovity Policies should be directed to our mailing address.
We may disclose information, including information that you may consider confidential, to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request or protect our business or others from harm. We assume no obligation to inform you that we have provided this information unless affirmatively agreed to do so. In some cases, we may be prohibited by law from giving such notice. Cooperation with civil litigants is at our discretion. We are responding to requests for the production of documents. Other matters requiring more than mere ministerial activities on our part will incur a fee of two hundred dollars ($200) per hour. We do not honor requests from civil litigants that expenses be pre-approved, and we may require a deposit to secure payment.
Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the party’s reasonable control, including third-party service failures, software failures, hardware failures, distributed denial of service (DDoS) attacks, acts of God, bandwidth interruptions, general network outages, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time equal to the period of the excusable delay. The party affected by an excusable delay shall notify the other party as soon as possible but in no event less than ten (10) days from the beginning of the event.
The validity, interpretation, and performance of these TOS, including our Policies, shall be controlled by and construed under the laws of the State of Karnataka, India, as if performed wholly within the state and without giving effect to the principles of conflicts of law. The parties expressly disclaim the UN Convention on Contracts for the International Sale of Goods.
You must resolve all claims you bring against us following our Policies. Without limiting the previous sentence, this includes claims based on Service outages expressly covered by our Policies. All claims filed or brought contrary to our Policies will be considered improperly filed and a breach of our Policies. If you file a claim contrary to our Policies, we may recover attorney’s fees and costs. Attorney’s fees include any fees charged by our attorneys.
No waiver of a right under these TOS, including our Policies, shall constitute a subsequent waiver of such right under these TOS or any of our Policies.
Rovity may assign this TOS. However, it may not be assigned by you. These TOS shall bind and inure to the benefit of the corporate successors and permitted parties’ assigns.
If any of the terms of these TOS, including any of the Policies, become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be revised to reflect Rovity’s intent, as permitted by applicable law. All remaining terms of these TOS shall remain in full force and effect.
The terms “including,” “includes,” and “include” shall be deemed to be followed by the words “without limitation,” and the illustrative items introduced thereby shall not limit the scope of the otherwise general term but shall be by way of example only.
No action or proceeding against us may be commenced by you more than one (1) year after the Service, which is the basis for the action is rendered. You fully acknowledge that this limitation constitutes an express waiver of any rights under any applicable statute of limitations that would otherwise afford additional time for such a claim.