1. APPLICATION OF TERMS
1.2. This TOS, together with your Order, represent the entire agreement relating to the Services and supersedes any agreements previously entered into between you and RTBOne. Any other contract provisions presented by you are expressly rejected.
1.3. In addition to this TOS, all domain name registrations are subject to the terms and conditions of any registrar RTBOne may use to fulfill the Order and their rules and regulations. You agree to be bound by the rules and regulations and dispute resolution policies applicable to each domain name applied for on your behalf. Details of these terms and conditions are available in Section H of this TOS.
1.4. The current TOS is always available on RTBOne’s website. We may alter this TOS at any time with notification to you by email and by posting a notice in your User Area. If you do not agree to any changes, you must terminate your Services within ten business days of the date of the change. Only a RTBOne officer may alter this TOS. No agent of, or person employed by, or under contract with, RTBOne has any authority to alter or vary this TOS. No oral explanation or oral information given by any party shall alter the interpretation of this TOS.
1.5. In this TOS we mention certain legal rights you have if you are a consumer. This TOS does not affect or change these legal rights.
2. GENERAL TERMS AND CONDITIONS
2.1. You will conform to the standards and acceptable use policies of RTBOne which are set out in our AUP.
2.2. You are responsible for obtaining any licenses or permissions from any third party which are required to upload content to the Services.
2.4. You will receive passwords to be used when you log into your User Area, server and/or certain Services. You are solely responsible for all passwords. You must keep all passwords confidential and take security measures to prevent any person from gaining access to them.
2.5. RTBOne's Service Level Agreement in Section A (SLA) sets out the performance you can expect from us. The SLA is your sole and exclusive remedy for Service disruptions covered by it, unless you are a consumer in which case you have certain rights under the law if we fail to provide the Services to you.
2.6. Certain aspects of the Services will only be licensed to you. These aspects may only be used by you while using the Services, and may not be transferred. Upon Termination of this TOS, or a particular Service, this license will end.
2.7. The Services are provided to you as configured for our standard customer. We may update or upgrade the Services and/or any software installed on your account at any time without prior notification to you. You bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services must be compatible with the Services. We are not obligated to modify the Services to accommodate your use.
2.8. To the maximum extent applicable under national law and without affecting your rights as a consumer, the Services are provided on as-is basis. The hardware configurations may vary. RTBOne may replace your host server hardware, transfer it from one datacenter to another, transfer your account to another server or modify certain software configurations when deemed necessary by RTBOne. These differing configurations may result in slightly different performance from the Services.
2.9. The proprietary and third-party software we offer as part of the Service is provided as-is and is subject to all warranty disclaimers and limitations of liability set out herein. This software may have terms and conditions that are in addition to those set out in this TOS. You must agree to those terms to use the software. If you fail to do so, your ability to use the Service may be affected. Terms and conditions incorporated by reference are listed in the respective sections of this TOS.
2.10. We will use good faith efforts to backup data stored on the shared Services once a day (Shared Backups). Shared Backups are intended for internal use only and we cannot guarantee that a Shared Backup will be available for restore upon your request. It is your responsibility to backup data of all your content in order to prevent potential data loss.
2.11. We provide certain Services designed to filter unwanted email. Depending on the Services set out in your Order, email filtering may be activated by default; in other cases, it is an additional paid Service. Email filtering will likely result in the capture of some legitimate email and the failure to capture some unwanted email that may contain spam, phishing scams and viruses. We recommend that you implement additional levels of protection. Email that is captured by our filtering system is not subject to our SLA.
2.12. When your account is activated, we may place an index page to which your domain points (Index Page). You may disable this Index Page at any time.
3.1. You may purchase Services from us in many different ways. For ease of reference, in this TOS the method you use to choose which Services to purchase is referred to as an “Order.” The date on which You place your Order is the Effective Date of this Agreement. The Initial Term of the Services is set out on your Order (Initial Term). Upon the expiration of the Initial Term, we shall renew your services as described in our Renewal Policy.
3.2. You must be over the age of eighteen at the time you place your Order.
3.3. We will review all Orders to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). We might ask you for additional information before we can process your Order. You may receive notice that your Order has been cancelled because it fails to pass our Fraud Screen. We are unable to provide additional information about the reasons a particular Order fails to pass the Fraud Screen. Orders that fail our Fraud Screen will not be processed and Service will not be provided. We have no liability for Orders that are not processed because they have failed our Fraud Screen.
3.4. We are under no obligation to deliver any Services other than those identified in the Order.
3.5. You shall provide to RTBOne, at your cost, any information, resources or facilities reasonably requested by RTBOne for the delivery of the Services and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with RTBOne.
3.6. Any instructions supplied by you to RTBOne must be complete, accurate and clearly legible. We reserve the right to charge for any costs and any additional work incurred by RTBOne due to any failure by you to comply with this paragraph and shall not be liable for any errors caused by such failure.