Terms of Service

The following terms and conditions govern all use of the Root Orange website and blog and all content, services and products available at or through the website, including, but not limited to, Localized Domains and Domain Owner Services, and Enterprise Solutions (taken together, the Website). The Website is owned and operated by Root Orange LLC (“Root Orange”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Root Orange’s Privacy Policy) and procedures that may be published from time to time on this Site by Root Orange (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Root Orange, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

  1. Your Root Orange Account and Site Profile(s). If you lease a domain name and create a Site Profile on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your Site Profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Root Orange may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Root Orange liability. You must immediately notify Root Orange of any unauthorized uses of your account or any other breaches of security. Root Orange will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Site Owners. If you operate one or more Sites that is accessed via a Localized Domain you have leased from Root Orange or otherwise make (or allow any third party to make) material available by means of Root Orange’s Services (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available on a website that is accessed via a Localized Domain, you represent and warrant that:
  • the viewing and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; and
    • the URL you select for your Localized Domain is not one that that misleads your readers into thinking that you are another person or company or offer products, services, or Content substantially different from that implied by the keywords in the URL selected.

Without limiting any of those representations or warranties, Root Orange has the right (though not the obligation) to, in Root Orange’s sole discretion terminate any Localized Domain leases that, in Root Orange’s reasonable opinion, violate any Root Orange policy or is in any way harmful or objectionable. Root Orange will have no obligation to provide a refund of any amounts previously paid.

  1. Fees and Payment. By selecting a paid service, such as a Localized Domain lease, you agree to pay Root Orange the monthly or annual subscription payment or monthly payment indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Paid service fees are not refundable, with the exception that refunds will be issued on a pro rata basis for services that are canceled per the Customer License Agreement prior to the end of the term for which payment was made. By posting Content an a website that is visited by way of a Localized Domain
  1. Responsibility of Website Visitors. Root Orange has not reviewed, and cannot review, all of the material posted on the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Root Orange does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Root oRange disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  2. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which RootOrange.com links, and that link to RootOrange.com. Root Orange does not have any control over those non-RootOrange.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-WordPress website or webpage, Root Orange does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Root Orange disclaims any responsibility for any harm resulting from your use of non-RootOrange.com websites and webpages.
  3. Copyright Infringement and DMCA Policy. As Root Orange asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by RootOrange.com violates your copyright, you are encouraged to notify Root Orange in accordance with Root Orange’s Digital Millennium Copyright Act (“DMCA”) Policy. Root Orange will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Root Orange or others, Root Orange may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Root oRnage will have no obligation to provide a refund of any amounts previously paid to Root Orange.
  4. Intellectual Property. This Agreement does not transfer from Root Orange to you any Root Orange or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Root Orange. Root Orange, Root Orange LLC, and all other trademarks, service marks, graphics and logos used in connection with RootOrange.com, or the Website are trademarks or registered trademarks of Root Orange or Root Orange’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Root Orange or third-party trademarks.
  5. Changes. Root Orange reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Root Orange may also, in the future, offer new services and/or features through the Website (including, the release of new domain leasing options and domain targeting services). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  6. Termination. Root Orange may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    1. Disclaimer of Warranties. The Website is provided “as is”. Root Orange and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Root Orange nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
    2. Limitation of Liability. In no event will Root Orange, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Root Orange under this agreement during the twelve (12) month period prior to the cause of action. Root Orange shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  7. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Root Orange Privacy Policy, with any other License Agreement or other agreement you enter into with Root Orange, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  8. Indemnification. You agree to indemnify and hold harmless Root Orange, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  9. Miscellaneous. This Agreement constitutes the entire agreement between Root Orange and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Root Orange, or by the posting by Root Orange of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Maryland, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Maryland. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Root Orange may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.