Terms Of Service

1. Purpose

These Terms of Service (“TOS”) are a contract between you, or the entity on whose behalf you are executing this agreement (“you” or “your”), and Robak Media (“Robak Media”, “we”, “us”, or “our”). By corresponding with us, browsing our web properties, or using our Services, you agree to abide by these TOS, our Support Policy, our Refund & Billing Policy, our Privacy Policy, our Server Maintenance Policy, and our DMCA Policy, each of which is integrated into the TOS by reference (together, the “Policies”). These TOS may be modified from time-to-time and, by continuing to use our Services, you agree to be bound by the modifications. The most recent version of these TOS can always be found here.

2. Customers

While we facilitate your business on the Internet, we are an independent contractor. 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”).

3. Services

Robak Media provides a number of services and products to its customers, which are 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 Robak Media 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.  Services may also be provided by third parties and 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 but we have no obligation to change 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.

  1. Services Offer.  Robak Media offers a number of different products and services, including those listed below.  These TOS and our Policies apply to all Services, whether or not listed below. Details are available on the websites indicated and the details at those websites does not modify or supplement these TOS or our Policies.
    1. Web Hosting (Linux based): https://robak.pro/cart.php?gid=1
    2. Extra Services: https://robak.pro/cart.php?gid=4
  2. Terms That Apply to All Hosting Services.
    1. Our Hosting accounts are allocated bandwidth depending on the package you select.  The bandwidth for Services purchased does not rollover and is not creditable across periods.  In the event you require more bandwidth than you have purchased, your account may be suspended until the next period, you may purchase additional bandwidth by upgrading your account, your account may be terminated for a violation of the terms of the package you purchased, or we may charge you an additional fee for the overage, in our sole discretion.
    2. We will provide, as part of the Service cost, the number of primary IP addresses included in the plan you select.  You may request additional IP addresses for an additional fee.  If we need to change one of your assigned IP addresses we will notify you of the change by email. You may use the IP addresses provided only in association with the Services and they may not be transferred.
    3. In 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), in 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.

4. Access

You will not have physical access to any of the servers on which your data is stored.  These servers will often be shared 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 use of or alter the server or Service functionality or the functionality of any related equipment.

5. Control Panels

  1. cPanel.  cPanel is provided through a third party.  When you subscribe for use of cPanel with any of the Services, you agree to be bound by cPanel’s End User License Agreement, available at: http://cpanel.com/legal-store.html.  Please be sure to review cPanel’s End User License Agreement before use of cPanel-related Services.

6. Enrollment; Account Information

  1. Enrollment.  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 these TOS.  You may be subject to a credit check and screening for potential fraud and accurate information must be supplied for purposes of this screening.  Further, before using the Services, you represent and warrant to Robak Media 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.
  2. Account Information.  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 the course of 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 as a result of your failure to maintain updated account and contact information or for circumstances beyond our control.
  3. Account Security
    1. You are responsible for all actions that are performed with, by, or under your account credentials whether done by you or by others. All account access, password, and other security measures are your responsibility. Robak Media is not liable for any damages, direct or indirect, that result from unauthorized account access or use.
    2. In addition to terms under the Support Policy 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.
    3. You agree to give Robak Media permission to access your accounts for the purpose of troubleshooting technical issues with the account or server and to confirm compliance with all of our policies.  We also conduct automated scans of data for security purposes and reserve the right to change permissions, modify files or quarantine files that are deemed to be malicious in nature.

7. Term of Agreement; Billing & Payment.

  1. Term.  We are not bound to perform Services until we receive payment from you when you checkout through our web platform.  We will begin delivery of the Services and continue until the date set out on the page describing the Services located at https://robak.pro/clientarea.php.
  2. AUTOMATIC RENEWAL. The Initial Term will AUTOMATICALLY RENEW for successive periods of equal duration (each a “Renewal Term”).  For more information on automatic renewal, please see our Refund and Billing Policy. If you wish to discontinue the Services, you need to notify us before automatic renewal for a Renewal Term. You can notify us by:
    1. Submitting a cancellation at least one (1) day before the beginning of a Renewal Term through our online cancellation form found at https://robak.pro/clientarea.php ; or
    2. Contacting us at least fifteen (15) days before the beginning of a Renewal Term by sending an email to help(at)tomrobak.com  (replace “(at)” with “@”)
  3. Termination. Regardless of the method of termination by you, valid proof of account ownership and authorization to cancel are required to terminate an account.
    1. Termination for Convenience.
      1. Either party may terminate the Services for convenience upon fifteen (15) days prior by providing written notice to the other.  We only accept cancellations through our online cancellation form found at https://robak.pro/clientarea.php.  If you terminate for convenience, you will be responsible for all charges for the duration of the then active Initial or Renewal Term.  For details on our Anytime Money Back Guarantee, please see our Refund & Billing Policy.
      2. Before cancelling, 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 issue. If your agreement with us is for a set term, please contact us prior to cancelling to determine what your charges will be in connection with the termination.  All cancellation requests need to be submitted through our online cancellation form found at https://robak.pro/clientarea.php.
    2. Robak Media Termination.  We reserve the right to immediately suspend or cancel the Services without notice: (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 Robak Media’s network or the security of the Services. You are not entitled to notice or protest should we exercise these rights. Upon termination, your account will be closed, data deleted, and all fees and charges due and payable must be paid 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.  If we suspend or terminate your use of our Services because you have violated these TOS, including any of our Policies, we will not provide you with a credit.
  4. Post Termination Access.  If we are able to provide data from backup in an account that has been terminated, you will be subject to a one-time charge of fourty-nine pounds (£49) or more to cover the cost of the access.  All data in accounts that are not renewed or are terminated will be removed from our servers and will likely be irretrievably lost.
  5. Billing, Refund & Payment. Please see our Refund & Billing Policy for additional details on billing, refunds, and payment processes and procedures.

8. Use of the Services

Your use of the Services is governed by these TOS, including our Policies.  Robak Media provides no guarantee that the Services will be uninterrupted, or continuous, or that you will be able to access Robak Media’s network at a particular time, or that any data transmitted by Robak Media is accurate, error free, virus free, secure, or inoffensive.

9. Data Backups

You acknowledge that it is solely your responsibility to regularly back-up and maintain copies of your data outside of Robak Media’s network. Robak Media 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.

10. Licenses; Intellectual Property; Data Ownership

  1. Services performed or provided by Robak Media are not a “work made for hire” and we hereby 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 and terminates when you or Robak Media terminates the Services.
  2. All right, title and interest in Robak Media’s technology shall remain with Robak Media, or Robak Media’s licensors. You are not permitted to circumvent any devices designed to protect Robak Media, or its licensors’, ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.
  3. We use all information we gather as specified under the terms of our Privacy Policy.  You hereby grant Robak Media, and any third parties used by Robak Media to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, End Users, in conjunction with the Services.
  4. For information on how we share data and other confidential information, please see our Privacy Policy.

11. Robak Media’s Warranty

  1. Robak Media warrants that it will perform the Services in accordance with prevailing industry standards. To make a warranty claim, you must notify Robak Media in writing, specifying the breach in reasonable detail, within thirty (30) days of the alleged breach. Your sole and exclusive remedy, and Robak Media’s sole and exclusive obligation, in the case of a breach of warranty is, at Robak Media’s option, to (i) reperform 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.

12. Your Representations and Warranties

  1. 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/or agents have sufficient technical expertise to understand how to implement the Services.
  2. 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.
  3. You have read and agree to the terms outlined in the Robak Media Support Policy.
  4. 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.

13. Disclaimers

  1. EXCEPT FOR THE WARRANTY IN SECTION 11, 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 ROBAK MEDIA), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. No oral or written information or advice given by Robak Media, its employees, agents, owners, directors, officers, or affiliates pursuant to these TOS, or otherwise, shall create a representation or warranty or in any way increase the scope of any representations and warranties set forth in these TOS.  Robak Media does not represent or warrant that the Services are complete or free from defects or errors.
  2. Robak Media 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.  Robak Media is not responsible for any loss of data, for any reason. Robak Media 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.
  3. Robak Media 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.
  4. ROBAK MEDIA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. No warranties, either express or implied, made by these third party entities to Robak Media shall be passed through to you, nor shall you claim to be a third party beneficiary of those warranties.
  5. SOME STATES DO NOT ALLOW ROBAK MEDIA TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE.

14. Limitation of Liability

  1. It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. You agree that Robak Media has no liability, of any sort, for content you or your customers access from the Internet.
  2. In no event shall Robak Media 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 the purposes of this paragraph only, the term “Robak Media” shall be interpreted to include Robak Media’s employees, agents, owners, directors, officers, and affiliates.
  3. Notwithstanding anything to the contrary contained in this policy, Robak Media 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.
  4. IN NO EVENT WILL ROBAK MEDIA’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY ROBAK MEDIA FROM YOU FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
  5. Robak Media 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.  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.

15. Indemnification

  1. You agree to indemnify, defend, and hold harmless Robak Media 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 Robak Media personnel or authorize Robak Media personnel to conduct; (ii) any violation by you of these TOS or any of Robak Media’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 the purpose of this paragraph only, the terms 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.
  2. Robak Media 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 Robak Media hereunder infringes any UK patent, copyright, or trademark. This indemnification provision is expressly limited to Services that are fully owned by Robak Media. It does not extend to products or services provided by third parties. If contained and permitted in its agreements with third-party suppliers, Robak Media shall flow down applicable intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying Robak Media promptly in writing of the claim and giving Robak Media full authority, information, and assistance for the defense and settlement thereof. If an infringement claim has occurred, or in Robak Media’s opinion is likely to occur, Robak Media 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.

16. Notices

  1. Notices will be sent to you at the email address in your account. It is your obligation to ensure that we have the most current email address for you by keeping your account information up to date.

17. Date of Policy 

These TOS last updated May 10, 2018.

Server Maintenance Policy

1. Purpose

This is Robak Media (“Robak Media”, “we”, or “our”) Server Maintenance Policy.  This Server Maintenance Policy discusses the ways in which we maintain our technology to improve and administer the Services (as defined in the Terms of Service) and how you will be impacted by those actions.  Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services.

2. Availability

We offer a 99.9% uptime commitment.  We will use our commercially reasonable efforts to provide the Services twenty-four (24) hours a day, seven days a week.  However, in order to operate in an efficient and secure manner, servers and network equipment require routine maintenance and upgrades (“Scheduled Downtime”) and you acknowledge that from time to time the Services may be unavailable for various reasons, including due to Scheduled Downtime or causes beyond our control. We will provide commercially reasonable advance notice to you for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility, or inoperability of our web servers but we are not responsible for the unavailability.

3. Maintenance

Planned outages, including Scheduled Downtime, during these periods will not fall under our 99.9% uptime commitment.  Robak Media will make a reasonable effort to advise Robak Media customers as far in advance as possible of any predicted extended outages.

  1. Definitions.  Three types of maintenance downtimes are defined:
    1. Routine Maintenance” means a weekly short downtime necessary for quick updates and patches requiring reboots or restarts.
    2. Comprehensive Maintenance” means a longer monthly or otherwise scheduled downtime necessary for more significant enhancements.
    3. Emergency Maintenance” means a service affecting maintenance that is so severe it requires immediate attention.
    4. Scheduled Downtime” includes (i) and (ii) above.
  2. Intervals. The Scheduled Downtime intervals are as follows (the time zone is where the data center or server is located):
    1. Routine Maintenance Window (Weekly). Sunday mornings, from 12:00 AM until 5:00 AM, outages should not exceed fifteen (15) minutes unless other problems are encountered and will NOT be announced.
    2. Comprehensive Maintenance Window (Monthly or Scheduled). First Saturday evening of every month from 7:00 PM until 7:00 AM Sunday morning or otherwise scheduled and communicated to affected customers via your contact email address.
    3. Emergency Maintenance. This type of maintenance is inherently not scheduled and is only used in extreme circumstances. We will make our best effort to notify customers should this become necessary.
  3. Limitations. This Server Maintenance Policy includes but is not limited to: (i) shared servers and accounts, (ii) reseller servers and accounts, (iii) VPS servers and accounts, (iv) dedicated servers and accounts, (v) all network equipment, and (vi) internal websites such as billing and support.  Major system upgrades may require additional Scheduled Downtime.

4. Backup of Data

Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA.  Robak Media 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, or (iv) any software or other technology failures.

5. Customer Responsibilities

  1. It is the responsibility of the customer to make sure that all Services being provided on their servers are setup to resume operations automatically upon reboot or restart of the particular Service you have with us. Robak Media will not be held responsible for any problems or service outages caused due to reboots during standard maintenance periods.
  2. WE HAVE NO RESPONSIBILITY FOR DOWNTIME RESULTING FROM YOUR ACTIONS.
  3. Please contact support if you have any questions.

6. Date of Policy

This Server Maintenance Policy was last updated May 10, 2018.

Terms Of Service

1. Purpose

This is Robak Media (“Robak Media”, “we”, or “our”) Server Maintenance Policy.  This Server Maintenance Policy discusses the ways in which we maintain our technology to improve and administer the Services (as defined in the Terms of Service) and how you will be impacted by those actions.  Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services.

2. Availability

We offer a 99.9% uptime commitment.  We will use our commercially reasonable efforts to provide the Services twenty-four (24) hours a day, seven days a week.  However, in order to operate in an efficient and secure manner, servers and network equipment require routine maintenance and upgrades (“Scheduled Downtime”) and you acknowledge that from time to time the Services may be unavailable for various reasons, including due to Scheduled Downtime or causes beyond our control. We will provide commercially reasonable advance notice to you for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility, or inoperability of our web servers but we are not responsible for the unavailability.

3. Maintenance

Planned outages, including Scheduled Downtime, during these periods will not fall under our 99.9% uptime commitment.  Robak Media will make a reasonable effort to advise Robak Media customers as far in advance as possible of any predicted extended outages.

  1. Definitions.  Three types of maintenance downtimes are defined:
    1. Routine Maintenance” means a weekly short downtime necessary for quick updates and patches requiring reboots or restarts.
    2. Comprehensive Maintenance” means a longer monthly or otherwise scheduled downtime necessary for more significant enhancements.
    3. Emergency Maintenance” means a service affecting maintenance that is so severe it requires immediate attention.
    4. Scheduled Downtime” includes (i) and (ii) above.
  2. Intervals. The Scheduled Downtime intervals are as follows (the time zone is where the data center or server is located):
    1. Routine Maintenance Window (Weekly). Sunday mornings, from 12:00 AM until 5:00 AM, outages should not exceed fifteen (15) minutes unless other problems are encountered and will NOT be announced.
    2. Comprehensive Maintenance Window (Monthly or Scheduled). First Saturday evening of every month from 7:00 PM until 7:00 AM Sunday morning or otherwise scheduled and communicated to affected customers via your contact email address.
    3. Emergency Maintenance. This type of maintenance is inherently not scheduled and is only used in extreme circumstances. We will make our best effort to notify customers should this become necessary.
  3. Limitations. This Server Maintenance Policy includes but is not limited to: (i) shared servers and accounts, (ii) reseller servers and accounts, (iii) VPS servers and accounts, (iv) dedicated servers and accounts, (v) all network equipment, and (vi) internal websites such as billing and support.  Major system upgrades may require additional Scheduled Downtime.

4. Backup of Data

Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA.  Robak Media 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, or (iv) any software or other technology failures.

5. Customer Responsibilities

  1. It is the responsibility of the customer to make sure that all Services being provided on their servers are setup to resume operations automatically upon reboot or restart of the particular Service you have with us. Robak Media will not be held responsible for any problems or service outages caused due to reboots during standard maintenance periods.
  2. WE HAVE NO RESPONSIBILITY FOR DOWNTIME RESULTING FROM YOUR ACTIONS.
  3. Please contact support if you have any questions.

6. Date of Policy

This Server Maintenance Policy was last updated May 10, 2018.