Rolytube TERMS OF
SERVICE
PART I:
TERMS APPLICABLE TO ALL OF Rolytube SERVICES
These Rolytube Terms of Service comprise a legal
agreement between you and Rolytube and
governs your use of Rolytube SERVICES. BY
SUBSCRIBING to the Rolytube SERVICE, YOU AGREE TO BE
BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE
ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If
you do not agree to these Terms of Service and the
Additional Terms do not subscribe to or use the
Rolytube services.
Rolytube is made up of a network, and network of Web
sites and Web pages operated by Rolytube and its
affiliates and of various products and services
which are provided by Rolytube, its affiliates or
third party service providers. These Web sites, Web
pages, products and services will be collectively
referred to in this Agreement as "Rolytube" or the "Rolytube
Network." "You" means You, Your company, Your
employees, and anyone who has access to use your
Rolytube account. You must be at least eighteen (18)
years of age to subscribe to and use any Rolytube
service or product.
The general provisions in Part I of these Terms of
Service apply to the Rolytube Network and to all of
the products and services provided through the
Rolytube network. The provisions in Part II of these
Terms of Service are additional provisions that
apply to the particular Rolytube product(s) or
service(s) described in each section of Part II.
Each applicable Rolytube Web site, product or
service may have other posted guidelines or rules
(the "Additional Terms"). All such Additional Terms
are incorporated by reference into these Terms of
Service.
The Rolytube Network is offered to you on the
condition that you accept these Terms of Service and
the Additional Terms without modification. You agree
to familiarize yourself with, and to regularly
review, the Terms of Service, the Additional Terms,
and other terms and guidelines found throughout the
Rolytube Network and abide by them if you choose to
use the sites, or accept the products, services or
benefits, to which such terms apply.
Rolytube reserves the right to change any of the
Terms of Service and any Additional Terms at anytime
without notice. If you continue to use the Rolytube
Network after any such changes, your continued use
will constitute your consent to such changes.
Rolytube does not and will not assume any obligation
to notify you of any changes to the Terms of Service
or Additional Terms.
Any rights not expressly granted herein are reserved
by Rolytube. In addition your registration
information and other information about you is
subject to our Privacy Statement located at http://www.Rolytube.com/privacy.php4
WARRANTIES
By subscribing to any service offered on the
Rolytube site, you make the following
representations and warranties. Rolytube shall have
the right to terminate your Rolytube account,
without notice at any time, if any representation
warranty made by you proves to be untrue in any
respect.
You represent and warrant that:
You and all users of the Rolytube Network approved
by you are at least eighteen (18) years of age; you
have the legal capacity and authority to; (a) enter
into binding contracts for the sale and purchase of
goods and services, (b) be bound by these Terms of
Service and the Additional Terms, (c) to subscribe
to and use the Rolytube service in accordance with
these Terms of Service and any Additional Terms and
(d) if you are acting in a corporate capacity, to
bind your company.
You will not use the Rolytube Network for any
purpose that is unlawful, or prohibited by these
Terms of Service or the Additional Terms (as may be
modified from time to time); All information
supplied by you or by others using your account is
true and accurate, including information submitted
as part of the registration and subscription
process; Any products or services advertised, sold
or otherwise distributed by you on or in connection
with your Web Site are legal for sale or
distribution; that you have all licenses necessary
to sell or advertise the goods or services offered
for sale or distribution and that all sales and
advertisements will be in compliance with applicable
law; and you have and control all of the
intellectual property, proprietary and similar
rights necessary for all material located on your
Web Site, all submissions, and all products and
services sold or otherwise distributed by you or on
your behalf via your Web Site.
By using the Rolytube Network, you agree that you
will defend and indemnify Rolytube and its suppliers
from any third party claim related to a breach of
any of the foregoing warranties.
LIMITATIONS ON YOUR USE OF THE Rolytube NETWORK
The Rolytube Network is provided to assist you with
the operation of your business. Your right to use
the Rolytube Network is limited to you, and your
Company and its employees. You are solely
responsible for your content and you’re Web site and
your Rolytube account. Rolytube reserves the right,
but is not obligated, to monitor or to review
materials posted on your Web site and to monitor
your compliance with these Terms of Service and the
Additional Terms. Rolytube reserves the right in its
sole discretion to, refuse to post or remove any
information or materials which violate these Terms
of Service or the Additional Terms in whole or in
part, without notice at any time.
You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any
information, software, products, services or
benefits obtained from the Rolytube Network, except
as expressly provided herein.
You may not use a name in connection with operating
your Web site that is confusing or misleading to
participants, or otherwise impersonate or deceive
participants with respect to your identity.
You may not restrict or inhibit any other user from
using and enjoying such user's rights in Rolytube.
You may not interfere with or disrupt the Rolytube
Network or servers or any network connected to
Rolytube.
You may not use the Rolytube Network or the products
or services provided through or in connection with
the Rolytube Network to:
rent, lease, license, grant a security interest in,
or otherwise transfer or sublicense your rights
hereunder to any third party; defame, libel,
slander, impersonate, abuse, harass, threaten,
invade the privacy of or otherwise violate or
infringe the legal rights (including the rights of
privacy and publicity) of any other person; conduct,
promote or forward illegal contests, pyramid
schemes, chain letters, unsolicited or unauthorized
advertising, promotional materials, unsolicited
e-mail ( including "spamming") or multi-level or
illegal marketing campaigns; harm minors in any way;
publish, post, distribute, disseminate, advertise or
link to any: (i) content, site, topic, name,
material or information which is inappropriate,
profane, defamatory, libelous, slanderous,
infringing, obscene, indecent, or which contains
nudity or adult content; (ii) software, content or
other material protected by intellectual property
laws, copyright licenses, rights of privacy or
publicity, or other proprietary rights, unless you
own, or control such rights or have received all
necessary consents for your publication,
distribution, or linking of such software and other
materials; (iii) software, content or other material
that contains viruses, worms, corrupted files,
cracks or that may or are intended to damage the
operation of or render inoperable another's
computer, hardware, software, security measures or
system or other programs written to defeat the
security measures of any computer, system or
programs; (iv) software, content, other material or
Web site that constitutes "hate speech", whether
directed at an individual or a group, and whether
based upon the race, sex, creed, national origin,
religious affiliation, sexual orientation or
language of such individual or group; sell, offer to
sell, distribute, promote, facilitate, disseminate
or link to any sites for marketing, sales,
promotion, facilitation or distribution of:
firearms; explosives; ammunition; liquor; tobacco
products; illegal gambling (including gambling in
connection with sporting events); food that is not
packaged or does not comply with all applicable laws
for sale to consumers by commercial merchants;
illicit drugs, pharmaceuticals and controlled
substances; counterfeit, pirated or stolen goods;
any goods or services that infringe or otherwise
violate a third party's rights including copyright,
patent, trademark, or rights of publicity or
privacy; goods that are considered indecent, obscene
or pornographic; Nazi memorabilia; registered or
unregistered securities; goods or services that you
cannot legally sell; goods which are misrepresented
or which do not in fact exist; fraudulent goods;
goods or activities that if sold via any Rolytube
services or your Web site would cause Rolytube to
violate any law, statute or regulation; or any other
illegal activity; harvest or otherwise collect
information about third parties, including e-mail
addresses, without the express consent of such third
parties; violate any applicable government laws or
regulations.
You may not reproduce or redistribute any Software,
as that term is defined in the Section entitled
"Software Available on the Rolytube Network." You
may not copy or reproduce the Software to any other
server or location for further reproduction or
redistribution. You may not decompile, disassemble,
reverse engineer or otherwise attempt to discover
any trade secret contained in the Rolytube Network,
or in any product, service or Software provided
through the Rolytube Network.
The information provided by Rolytube to you may be
proprietary in nature. You agree not to share any
information provided to you by or on behalf of
Rolytube with any third party.
FEES
Some products and services available through or in
connection with Rolytube require that you purchase a
subscription or otherwise pay a fee. If paying by
credit card, you hereby authorize Rolytube to charge
your credit card in advance for all applicable fees
incurred by you or on your behalf in connection with
your use of the Rolytube product or service you have
chosen to use. You are solely responsible for all
charges, fees, duties, taxes, and assessments
arising out of any use of your Rolytube account by
you or anyone else using your account. Rolytube
reserves the right to modify the fees charged for
Rolytube products and services from time to time,
provided that such new fees shall not take effect
earlier than thirty (30) days after Rolytube
notifies you via email or otherwise of such modified
fees. Amounts not paid by you to Rolytube when due
may bear interest at the lesser of (a) one and
one-half percent (1.5%) per month, and (b) the
maximum rate permitted by applicable law.
If you notify Rolytube by phone at the number found
on the cancellation policy page of the Rolytube
website or in writing that you are canceling one or
more Rolytube services or products, fees pre-paid by
you to Rolytube for Rolytube products or services
will be credited back to your applicable credit card
in accordance with the cancellation policy. Rolytube
is not required to refund directly to you any
amounts paid hereunder. It is your responsibility to
notify Rolytube if your credit card has changed or
has expired and to make appropriate changes or your
service may be disconnected or interrupted.
In the event that Rolytube terminates your Rolytube
account or one or more of your Rolytube services for
violation of these Terms of Service or the
Additional Terms, you will not be entitled to the
return of any fees paid with respect to any such
terminated account service.
CANCELLATION POLICY
You acknowledge that if you cancel any subscriptions
to an Rolytube service that you may not be entitled
to a refund of all or part of amounts already paid
by you for such Rolytube subscription. You agree
that (a) Rolytube's cancellation policy will be
posted on the Rolytube Web site and may be changed
from time to time by Rolytube in its sole discretion
and (b) the cancellation policy posted at the time
you cancel your subscription shall govern the amount
of the refund (if any) due to you.
CHANGES TO SERVICES, TERMINATION BY Rolytube
Rolytube may change any of the Rolytube services
at any time and from time to time without notice,
including terminating the offering of any Rolytube
service altogether.
Rolytube may terminate your account, your access to
Rolytube or any of your Rolytube services (in whole
or in part) at any time, with or without cause, and
with notice. You may be barred from accessing any of
your Rolytube services or from using the Rolytube
Network or from receiving any products, services or
benefits from Rolytube, if Rolytube determines you
have violated these Terms of Service or any
Additional Terms, if you have failed to remit any
applicable subscription fees when due, if any
representation or warranty made by you is untrue in
any respect or if Rolytube receives a court order or
other legal action relating to your account. In
addition, if you violate any of these Terms of
Service, or any applicable Additional Terms you will
forfeit all in-kind credits and any other amounts
accruing to you (if any) in connection with the
Rolytube Network and there will be no refund of any
fees prepaid by you. If you subscribe to a Rolytube
service which is made up of two or more individual
services and you violate the Terms of Service
applicable to one of such individual services, (1)
your use of the particular individual service will
be terminated, but the remaining services will
remain active and (2) there will be no refund (in
whole or in part) of your fee for the Rolytube
service terminated. You will be responsible for all
fees incurred during your subscription and payment
of such fees shall be due immediately upon
termination of your subscription.
LINKS TO THIRD PARTY SITES
Links within the Rolytube Network may let you leave
the Rolytube Network. You acknowledge that the
linked sites are not under the control of Rolytube
and that Rolytube is not responsible for the
contents or operation of such linked sites or any
link contained in such linked site, any changes or
updates to such sites, or Web casting or any other
form of transmission received from any linked site.
Rolytube is providing these links to you only as a
convenience, and the inclusion of any link does not
imply endorsement by Rolytube of the linked site or
any association with their operators.
LICENSE YOU GRANT TO Rolytube
Rolytube does not claim ownership of the
materials you provide to Rolytube (including
feedback and suggestions) or that you post, upload,
input or submit in connection with your use of
Rolytube or any Web site ("your Web Site") created
by you or on your behalf in connection with the use
of Rolytube (collectively "Submissions"). However,
you grant Rolytube a royalty-free license to use
(including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate, sublicense and
reformat your Submission, and to publish your name
in connection with your Submission) your Submission
only in connection with the operation and promotion
of Rolytube. You also grant Rolytube the right to
publish your name in connection with any such use.
No compensation will be paid or due you with respect
to Rolytube or its sublicensee's use of the
materials as licensed above. Rolytube is under no
obligation to post or use any materials you may
provide, and may remove such materials at any time
in Rolytube's sole discretion. By posting messages,
submitting any feedback or suggestions, or engaging
in any other form of communication with or through
the Rolytube Network, you represent and warrant that
you own or otherwise control the rights necessary to
do so and to grant Rolytube the license set forth
above, and you will defend and indemnify Rolytube
and its suppliers from any third party claim related
to a breach of any of the foregoing representations
or warranties.
LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and
other material included in or available through the
Rolytube Network may not be complete, and may
include inaccuracies or errors, and may also be
modified, discontinued or deleted from time to time
without notice. Advice, information, products,
services or other materials received via the
Rolytube Network should not be relied upon for
personal, medical, legal, business, financial or
other decisions and is not intended to replace the
advice of appropriate and qualified professionals.
You acknowledge that you should consult an
appropriate professional for specific advice
tailored to your situation.
Your access to and use of the Rolytube Network, and
products and services of Rolytube, is at your own
risk. Rolytube makes no guarantees of any kind
regarding the dependability, accuracy, security,
timeliness or availability of the Rolytube Network,
or such products or services except as noted in PART
II of these Terms of Service for individual products
or services. Without limiting the foregoing, NEITHER Rolytube NOR ITS RESPECTIVE SUPPLIERS MAKE ANY
REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION,
SUITABILITY, RELIABILITY, AVAILABILITY,
COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
MATERIALS CONTAINED IN Rolytube FOR ANY PURPOSE. ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. Rolytube AND ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND
CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR
MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL Rolytube OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION:
DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OR PERFORMANCE OF Rolytube OR RELATED
SERVICES, OR WITH THE DELAY OR INABILITY TO USE
Rolytube OR RELATED SERVICES; THE PRORolytubeION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH Rolytube; OR
OTHERWISE ARISING OUT OF THE USE OF Rolytube,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF Rolytube OR ANY OF
ITS SUPPLIERS HAS BEEN ADRolytubeED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF Rolytube, OR WITH ANY OF THESE TERMS OF
SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
Rolytube NETWORK AND ITS RELATED SERVICES AND
PRODUCTS.
Without limiting the foregoing, Rolytube is not
responsible for any of your data residing on
Rolytube and Rolytube Network hardware or systems,
including such hardware or systems provided to
Rolytube by third parties. You are responsible for
maintaining and backing-up your data and information
that may reside on the Rolytube or Rolytube hardware
or systems, including such hardware or systems
provided to Rolytube by third parties, whether or
not such information is produced through the use of
Rolytube, including any information regarding the
operation or use of your Web site, catalogs, lists,
order records, and other information you are
providing or using in connection with your use of
the Rolytube Network except as noted in PART II of
these Terms of Service as it pertains to
Rolytube™. It is your responsibility to take
the necessary steps to ensure your primary means of
business is maintained. Rolytube will not be liable
for any damage, loss or disclosure of data,
accounts, revenue or business arising out of or
otherwise related to: (a) your use of the Rolytube
Network, its services or products; (b) your
customers' use of your Web site hosted by or created
through Rolytube and your products and services; (c)
use of the Rolytube Network by any other party to
whom you have given access to your company
information for use of the Rolytube Network; (d)
errors, bugs or other defects in the Rolytube
Network; (e) lost company, customer or vendor
information (e.g., billing information, credit card
numbers, lost orders, etc.); (f) illegal or criminal
activities, including but not limited to reliance on
any information obtained on the Rolytube Web Hosting
service; or (g) or that result from mistakes,
omissions, interruptions, deletion of files or
e-mail, loss of or damage to data, errors, defects,
viruses, delays in operation, or transmission, or
any failure of performance, whether or not limited
to acts of God, communications failure, theft,
destruction or unauthorized access to Rolytube's
records, programs or services. You are solely
responsible for maintaining and backing-up any
information regarding the operation or use of your
Web site, catalogs, lists, order records, and other
information you are providing or using in connection
with your use of the Rolytube Network.
Rolytube is not liable for your actions with your
customers or vendors, or the use of their
information, or for any other actions arising from
your use, or the use of other parties to whom you
have given access to your Rolytube information,
through the use of the Rolytube Network.
Rolytube is not involved in any transaction between
you and your buyer or seller or other third parties
with whom you may have transactions through your Web
site or between you and any user of any products or
services offered or provided by you or by a third
party through the Rolytube Network. Rolytube is not
responsible for screening, censoring or otherwise
controlling your Web Site, or any listings or
transactions offered or conducted via your Web Site.
You are deemed to have a direct commercial
relationship with each third party that purchases
goods or services from or undertakes any other
transaction with you via your Web site or through
Rolytube. Rolytube is not acting as your or any
third party's agent in connection with the operation
of Rolytube. You are solely responsible for: (a)
processing customer orders or other transactions;
(b) verifying the validity of incoming customer
orders before finalizing the order; (c) informing
customers of the status of such orders or
transactions; (d) providing all customer support
related to such orders or transactions (e.g., lost
orders, billing disputes, payments, etc.); and, (e)
determining, collecting and remitting to the
appropriate authority all taxes (if any) arising
from or related to such orders or transactions.
Further, because Rolytube is not involved in any
orders or other transactions between you and other
users of Rolytube or other marketplace forums,
Rolytube cannot and will not be involved in
resolving any disputes relating to any completed or
uncompleted transactions or the purchase or sale of
listed goods or otherwise.
Unless otherwise expressly stated in these Terms of
Service, your payments for orders or transactions
conducted via your Web Site or on any Rolytube
service will be paid to you directly from your
designated acquiring bank, customers or other
appropriate source ("payor"). Rolytube is not
responsible for such payment, and will have no
liability for any lost, disputed or fraudulent
payment or tenders of payment, or other disputes
arising between you and customers or payors.
Rolytube makes no guarantee about the reliability or
accuracy of these products or services, or the
results obtained from using Rolytube.
INDEMNITY
You agree to defend, indemnify and hold Rolytube and
its suppliers harmless from and against any and all
claims, losses, liability costs and expenses
(including but not limited to attorneys' fees)
arising from your violation of these Terms of
Service (including, without limitation, violation of
applicable Additional Terms), or any third-party's
rights, (including, without limitation, infringement
of any copyright, violation of any proprietary right
and invasion of any privacy rights). These
obligations will survive any termination of your
relationship with Rolytube or your use of Rolytube.
ACCESS RESTRICTION; ACCOUNT SECURITY AND
PASSWORDS
Rolytube reserves the right to deny in its sole
discretion any user access to Rolytube or any
portion thereof without notice.
You are responsible for safeguarding the
confidentiality of your account information
(including password(s) and user name(s) issued to
you) and for any use or misuse of your account or
the Rolytube Network resulting from any third party
using a password or user name issued to you. You
agree to notify Rolytube immediately of any known or
suspected unauthorized access to or use of your
account, your password, the password of any
individual user to whom you have issued a login ID
or any other breach of security or misuse of the
Rolytube Network known to or suspected by you. You
may change your password at any time by following
instructions on the Rolytube Web site.
You hereby authorize Rolytube to rely on any data,
notice, instruction or request furnished by you to
Rolytube, or that Rolytube reasonably believes to
have been furnished by you. You are solely
responsible for maintaining the confidentiality of
your account information and monitoring usage of
your account. Rolytube is not responsible for fraud
of participants or of other users of your account.
YOUR CUSTOMER DATA
Rolytube will not use your customer data or your
customer contact list for any purposes other than
those intended by the Rolytube Network. Your
customer information will not be shared with any
other parties, unless you are also subscribing to an
Rolytube service where one of the features of such
service is the sharing of customer information
between the services. Rolytube will not use your
customer information for the purpose of sending
unsolicited commercial e-mail to such customers.
GENERAL
You agree that no joint venture, partnership,
employment, or agency relationship exists between
you and Rolytube as a result of these Terms or
Service or use of Rolytube.
Rolytube's performance of this agreement is subject
to existing laws and legal process, and nothing
contained in these Terms of Service are in
derogation of Rolytube's right to comply with
governmental, court and law enforcement requests or
requirements relating to your use of the Rolytube
Network or information provided to or gathered by
Rolytube with respect to such use.
If any part of these Terms of Service or the
Additional Terms is determined to be invalid or
unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and
liability limitations set forth above, then the
invalid or unenforceable proRolytubeion will be
deemed superseded by a valid, enforceable
proRolytubeion that most closely matches the intent
of the original proRolytubeion and the remainder of
these Terms of Service and the Additional Terms
shall continue in effect.
Unless otherwise specified herein, these Terms of
Service, the Additional Terms and the Privacy
Statement constitute the entire agreement between
the user and Rolytube with respect to the Rolytube
Network and they supersede all prior or
contemporaneous communications and proposals,
whether electronic, oral or written, between the
user and Rolytube with respect to the Rolytube
Network.
A printed version of these Terms of Service and of
any notice given in electronic form shall be
admissible in judicial or administrative proceedings
based upon or relating to these Terms of Service to
the same extent and subject to the same conditions
as other business documents and records originally
generated and maintained in printed form.
The example companies, organizations, products,
people and events depicted within Rolytube are
fictitious. No association with any real company,
organizations, product, person or event is intended
or should be inferred.
Rolytube is not obligated to monitor the content on
Rolytube. Rolytube reserves the right to disclose
any information, content, or materials as necessary
to satisfy any applicable law, regulation, legal
process or government request or in accordance with
Rolytube's Privacy Statement located at http://www.Rolytube.com/privacy.htm.
Rolytube reserves the right to edit, refuse to post
or to remove any information, content, or materials,
in whole or in part, from the Rolytube Web sites, in
Rolytube's sole discretion, without notice at any
time.
Any rights not expressly granted herein are reserved
by Rolytube, including all legal and equitable
remedies available to Rolytube or violation of any
of these Terms of Service.
TRADEMARKS
Rolytube is either a trademark or registered
trademark of Rolytube Corporation. The names of
actual companies and products mentioned herein may
be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved
by Rolytube.
SERVICE CONTACT
If you need to contact Rolytube regarding the
Rolytube Network, please Rolytube our contact
listings page or send e-mail via our Contact Us form
at http://www.Rolytube.com
PART II: TERMS APPLICABLE TO SPECIFIC Rolytube PRODUCTS AND SERVICES
Click on the product or service name below to
view the specific Terms of Service and guidelines
related to that product or service.
Web Hosting
DSL Internet Service
Telephone Support
Rolytube WEB HOSTING
Web Hosting provides hosting services for Web
sites on the Internet. Using various Web authoring
tools, customers can create a Web site and post it
on the Internet.
Your use of Rolytube Web Hosting may be subject to a
size limitation as posted from time to time on the
Rolytube Web Hosting website. Rolytube Rolytube may
change this size limitation from time to time.
Rolytube will provide 30 days notice when size
limitations change.
Rolytube reserves the right, but is not obligated,
to review materials posted by or on your behalf to
any Web site created by you and/or hosted by
Rolytube pursuant to the Rolytube Web Hosting
service ("your Web Site"), and to remove any such
materials in Rolytube's sole discretion. If Rolytube
determines in its sole discretion that you are
violating these Terms of Service or any Additional
Terms applicable to the Rolytube Web Hosting
service, Rolytube may (a) suspend your Web Site from
Rolytube Web Hosting (e.g., make your Web Site
inaccessible to third parties) and/or (b) terminate
your Rolytube Web Hosting account. If Rolytube does
either of the foregoing, Rolytube may charge you a
fee, as determined by Rolytube in its discretion, to
reinstate your Web Site and your access to Rolytube
Web Hosting.
Rolytube may terminate Web Hosting or your access to
Web Hosting at any time, upon thirty (30) days'
notice. Your sole remedy for a failure of the
Rolytube Web Hosting service is to cancel the
Rolytube Web Hosting service. Rolytube will not be
liable for any damages to you in connection with the
termination or cancellation of your Rolytube Web
Hosting service. You are solely responsible for the
continuation and/or termination of any relationships
or agreements that you entered into with third
parties pursuant to your use of Rolytube Web Hosting
or your Web Site. Rolytube will not be obligated to
provide you with access to any stored e-mail or
content related to your account. Your only right
with respect to any dissatisfaction with any terms,
rules, policies, guidelines, or practices of
Rolytube in operating the Rolytube Web Hosting
service, any change in the content of the Rolytube
Web Hosting service, or any change in the amount or
type of fees charged in connection with the Rolytube
Web Hosting service, is to terminate your service by
delivering notice to Rolytube, effective the day
Rolytube receives notification of termination.
For purposes of identification, billing and
marketing, you must provide Rolytube with accurate,
complete, and updated information required by the
registration to the For purposes of identification,
billing and marketing, you must provide Rolytube
with accurate, complete, and updated information
required by the registration to the Rolytube Web
Hosting service, including your legal name, address,
telephone number(s), and applicable payment data
(for example, a credit card number and expiration
date) ("Member Registration Data"). You must notify
Rolytube within 30 days of any changes in your
Member Registration Data.
This agreement applies to all accounts,
sub-accounts, and alternative account names
associated with your principal account. You are
responsible for the use of each of your accounts,
whether used under any name or by any person, and
for ensuring full compliance with this agreement by
all users of that account. An Rolytube Web Hosting
service account may not be transferred. You are
responsible for maintaining the confidentiality of
your passwords. In the event of a breach of security
through your account, you will be liable for any
unauthorized use of the Rolytube Web Hosting service
until you notify Rolytube customer service.
You are responsible for all charges (for example,
ADSL or ISDN charges) associated with connecting to
the Rolytube Web Hosting service through an
available access number. You are responsible for
obtaining or providing all telephone access lines,
telephone and computer equipment (including modem),
or other access device, necessary to access the
Rolytube Web Hosting service. You are responsible
for determining whether the access number you use to
connect to the Rolytube Web Hosting service will
obligate you to pay telephone use charges to your
telephone company, Rolytube encourages you to
contact your local telephone company to confirm that
the call you are making is not a toll-charge. You
are responsible for all activities and charges
resulting from use of your principal account on the
Rolytube Web Hosting service. You agree to pay
Rolytube the then-current monthly charges for the
Rolytube Web Hosting service, along with any
surcharges, applicable taxes and other charges
incurred by you or other users of your account via
valid credit or other agreed upon method of payment.
You agree that Rolytube may pre-charge your monthly
or annual service fee to the credit card supplied by
you during registration. If Rolytube does not
receive the full amount of your Rolytube Web Hosting
service account balance within 30 days of the
invoice date or billing date, the lesser of an
additional 1.5%, or the highest percentage allowed
by law, of the outstanding balance may be added to
your bill as a late charge each month and will be
due and payable immediately. The specific service
you have chosen may offer you the choice of
additional payment terms, including without
limitation pre-payment terms. Rolytube reserves the
right to increase fees, surcharges, monthly
subscription fees or to institute new fees at any
time upon 30 days prior notice. Rolytube may reduce
any fees at any time without notice.
If Rolytube assigns you an
Internet Protocol address for your use of the
Rolytube Web Hosting service, the right to use that
Internet Protocol address will belong only to
Rolytube, and you will have no right to use that
Internet Protocol address except as allowed by
Rolytube in its sole discretion in connection with
the plan you have selected, during the term of this
agreement. Rolytube makes no guarantee about the
reliability or accuracy of these products or
services, or the results obtained from using
Rolytube Web Hosting.
Rolytube DSL INTERNET SERVICE
Rolytube will provide you with access to Rolytube
DSL Internet Access Service (the "Service") in
accordance with the terms of this Agreement. The
Service consists of: (a) access to the Internet, (b)
use of an electronic mail account or multiple
accounts where available, (c) web email messaging.
The Service is available seven days a week, except
for regularly scheduled maintenance. Rolytube may,
at anytime, without notice or liability, restrict
the use of the Service or limit its time of
availability in order to perform maintenance
activities and to maintain session control.
Where available, DSL customers may use their DSL
accounts to connect through an analog or ISDN
connection, but these connections will be subject to
usage thresholds and additional per hour and monthly
charges, depending on the service offering to which
you have subscribed.
Rolytube PHONE SUPPORT
The Rolytube Subscriber Phone Support Service
provides customer and technical service support,
with live telephone customer service
representatives, for subscribers to Rolytube
products and services.
The Rolytube Subscriber Technical Support offers
unlimited telephone support during certain hours and
days. The Service is provided without additional
charge for all Rolytube clients. |