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This page contains the current version of the TOS and AUP, as well as references to previous versions of the TOS and AUP.
(Version: 2024-01-01)
"Provider": Refers to MyRootPW (Sebastian-Wilhelm Graf) providing Services.
"Client" or "Customer": Refers to the individual or entity that has entered into an agreement with the Provider to use the services offered.
"Services": Refers to the internet services, including but not limited to web hosting, colocation, and related services provided by the Provider.
"Account": Refers to the Customer’s unique account created with the Provider for the purpose of purchasing, paying for, accessing and using the Services.
"Content": Refers to any data, information, text, images, or other material that is transmitted, stored, or made available by the Customer using the Services.
"Acceptable Use Policy (AUP)": Refers to a guideline on acceptable and prohibited uses of the Services, which is incorporated into these Terms of Service.
"Terms of Service (TOS)": Refers to this agreement, which outlines the terms and conditions under which the Services are provided.
"Service Level Agreement (SLA)": Refers to any specific terms that outline the expected performance levels and service commitments made by the Provider.
"Termination" or "Cancellation": Refers to the cancellation or end of the Services provided to the Customer, either by the Customer or the Provider.
"Force Majeure": Refers to events beyond the reasonable control of the Provider, such as natural disasters, acts of war, or other unforeseen circumstances, which may affect the Provider’s ability to deliver Services.
"Billing Period": Refers to the interval of time for which charges for the Services are calculated and billed, such as hourly, monthly or annually.
The Client is solely responsible for the content stored or transmitted through their server or service. It is the Client’s responsibility to ensure that any services or content stored, transmitted, or run on their server/service comply with Austrian, European, and international law.
Colocation Clients: Colocation clients are responsible for ensuring they have adequate insurance coverage for their own equipment and for any damages arising from incidents related to that equipment. Colocation clients also agree to indemnify the Provider for any damages caused by or related to their equipment.
The Client acknowledges that the Provider offers the advertised services on a "reasonable efforts" basis (SLA). Unless different SLA is explicitly stated in the Service Description, no guarantees are provided regarding service uptime or stability.
All servers, services, and resources are offered in good faith. Any misconduct by the Client occurs without the knowledge or consent of the Provider. Therefore, the Provider is not liable for any misconduct by its clients.
For the purposes of validation, fraud prevention, or compliance with Know Your Customer (KYC) regulations, the Client may be required to provide various documents.
By "Registering on" or "Using of" the Website, the Client acknowledges that he accepts
the Terms and Conditions. The Client grants the right to the Provider to process his personal/private/business information for the purpose of:
• Providing access to this Website and associated services.
• Providing the Services offered via this Website. (including Network/Performance/Hardware Monitoring)
• Marketing
• Fraud-Checking
• Payment Processing
• Notification (E-Mail , SMS, Mail)
• and activities that are associated with the listed purposes.
The Client agrees to adhere to the Acceptable Use Policy. Failure to comply with the Acceptable Use Policy may result in service suspension or termination.
The Client agrees to reimburse the Provider for any fines, legal fees, or associated costs incurred as a result of their breach of the Acceptable Use Policy or Terms and Conditions.
In general, if the Provider becomes aware of a violation of the Acceptable Use Policy by the Client/User, an attempt may be made to notify the user. Typically, a reasonable response window will be provided, except in severe or urgent cases. The decision regarding the response window and urgency is at the discretion of the Provider.
If the Client exceeds their bandwidth, data transfer, or resource allocations, the service may be restricted or suspended.
Automated monitoring systems may be used to prevent abuse of the service.
IP address space (IPv4 and IPv6 resources) and other resources (such as AS numbers) are assigned or provided in good faith and in accordance with RIPE NCC's guidelines and regulations.
The Client agrees to notify the Provider of any relevant changes to their personal or business information related to services provided by the Provider and to comply with RIPE NCC's guidelines and regulations when using resources obtained through MyRootPW.com and related services.
Client information may be entered into the RIPE database systems and shared with a limited set of third parties (such as RIPE) where necessary for the operation of the service.
The Provider, may grant clients temporary usage rights to IP resources for the duration of the services they receive through MyRootPW.com.
These limited and temporary usage rights may be revoked or modified at any time, at the sole discretion of the Provider, without the need to provide any specific reason.
If an IP address assigned to the Client becomes listed on a major anti-spam list (such as SpamHaus or Barracuda), a fine of EUR 100 per blacklisted IP address may be imposed.
If the Client fails to remove the IP address from the blacklist within 48 hours, their service may be terminated.
Unless explicitly stated otherwise, any software provided by the Provider for use by the Customer is licensed, not sold. The Customer is granted a non-transferable, non-exclusive license to use the software solely in connection with the services. The Customer must comply with all applicable licensing terms and conditions.
All fees for services are payable in advance on a monthly or yearly basis. The prices for services and fees listed on the website are provided with their respective hourly, monthly, or yearly rates.
The Client agrees to pay the Provider for products and services without any deductions or delays for any reason. Invoices are issued several days in advance to allow sufficient time for payment processing.
Accounts with outstanding payments past the due date are subject to suspension or termination. If an account or service is terminated due to non-payment, the Client is still responsible for paying the remaining balance for the current contract period.
Colocation Clients: If the colocation client fails to make payment, they authorize the Provider to take ownership of their equipment as compensation for any overdue amounts.
Generally, no refunds are issued, except at the discretion of the Provider.
Unless otherwise specified, a service may be canceled by providing notice at least 14 days before its expiry or renewal date. The Provider may, at their discretion, allow for shorter notice periods.
Cancellation requests can be made via email (or through the ticket system), physical mail, or the billing portal.
The Provider reserves the right to refuse, cancel, or suspend service at its sole discretion.
All users of MyRootPW.com and related services are required to adhere to the Terms of Service and the Acceptable Use Policy.
Account transfers are not permitted; services cannot be transferred from one client to another.
MyRootPW.com is operated from Austria and is subject to Austrian jurisdiction. Austrian law governs all interactions, orders, services, and related activities.
For European end customers (clients), European consumer rights and specific rules regarding electronic services may amend, overwrite, extend, or alter only the relevant parts of this agreement.
The Provider is not responsible for any damages, including but not limited to incidental or consequential damages, arising from servers or services being unavailable for any reason, including but not limited to system downtime, crashes, data loss, or any other incidents related to the services. This applies to both events within and outside of the Provider's control, including but not limited to force majeure events such as natural disasters, acts of war, government actions, or other unforeseen circumstances.
Additionally, the provider is not liable for any damages, including but not limited to predicted profits, costs, or any other losses related to the client, resulting from malfunctions or terminations of any services.
The Provider cannot be held liable for system downtime, crashes, data loss, or any other incidents related to the service. Additionally, the provider is not responsible for any projected profits that a client might have earned if their service had been functional.
Failure to comply with any terms or conditions will result in the automatic deactivation of the affected account. The Provider reserves the right to suspend any account or service without prior notice for any reason (as detailed in the AUP/TOS) and without restitution.
The Client agrees that if any part of this contract is deemed invalid, the remaining clauses of the contract will remain unaffected and in full force.
The Provider may modify these Terms of Service at any time. Changes will take effect immediately upon posting. Continued use of the services constitutes acceptance of the revised terms. Significant changes will be communicated to the Client by email. Client who do not agree with the amendments may terminate the service.
(Version: 2024-01-01)
The Internet is susceptible to various disruptive activities. The AUP aims to list activities, usage patterns, and other actions that are forbidden or prohibited within the network and infrastructure systems of the Provider.
For more general guidelines see:
“Allgemeinen Regeln zur Haftung und Auskunftspflicht des Internet Service Providers” accessible via www.ispa.at
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