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To ensure the smooth operation of RootAdmin and to ensure that your rights and the rights of RootAdmin are protected, we have created a series of legal agreements that will provide the necessary protection.
The content on this Site is provided by RootAdmin and its licensors and content providers. The "Site" refers to http://www.rootadmin.com and all other Web properties owned or operated by RootAdmin now and in the future (or anything that replaces, supplements, or supersedes the Web as the site of RootAdmin).
TERMS OF SERVICE: The basic agreement is the Terms of Service ("TOS") which you are now reading. The TOS set out the legal terms by which RootAdmin makes its web site and services available. When you visit RootAdmin, you will automatically be bound by the TOS. By using the Site, you accept our then current TOS, as revised and updated.
FOR CONTRIBUTORS OF CODE: If you contribute code, there is an additional agreement that you need to agree to. The Contributors Agreement gives RootAdmin permission to edit and post your code, gives RootAdmin some basic assurances about your code, and allows you to protect your intellectual property by specifying what license arrangements you want to make with End Users who would like to use the code you have submitted. When you contribute code, you are asked to select your preferred End User License Agreement (EULA) from a menu we provide, or to insert your own EULA. This EULA is an agreement directly between you and the End User.
FOR CONTRIBUTORS OF DOCUMENTS (EG. ARTICLES): If you contribute documents (in any form or media), you give us the rights necessary to edit and post and maintain your material (and the edited version), and to prevent unauthorized uses by End Users of material that we edit. End Users are given rights to read your material, but no rights to republish or otherwise distribute your material. RootAdmin will retain your copyright notices, and can publish your name and site ID with your posting. If we edit your material, we will own the edited version, and you will own your original version. We cannot publish our edited version other than on the Site, without your consent. If you desire End Users to be able to contact you, you should advise RootAdmin so your contact information can be published. If your material has been previously published, that publisher may have rights, and if so, you must obtain all consents before posting on RootAdmin. If your material contains images, audio, or video, we require that you have obtained consents from all persons depicted, seen, or heard, the owners of any places depicted, and any other rights holders.
FOR USERS OF DOCUMENTS: We require that you respect our Contributors. In general, all rights, except the right to read/view/listen to posted documents for your personal use are reserved to the Contributors, or to us.
FOR USERS OF CODE: End Users are advised that code is posted to RootAdmin subject to the TOS, and that if you download code from RootAdmin for use in your own applications, you will also have to agree to abide by the terms of an End User License Agreement (EULA) specified by the Contributor of that code. RootAdmin is not a party to that EULA. Not all Contributors make their intellectual property available on the same license terms. For ease of use of our Site, we have provided several templates of EULA's that we prefer Contributors select from, but, Contributors are free to state their own terms of a EULA in their submission to us. Please ensure that you have carefully read the specific EULA agreement that applies to the code you wish to use.
ROOTADMIN FEATURE CONTENT: We recognize that some Contributors are willing to offer RootAdmin a greater bundle of rights to submitted Code or Documents in return for the possibility of greater visibility or exposure.
For those Contributors, RootAdmin has developed a 'Feature Content" program whereby Contributors may receive greater visibility through greater exploitation of sub-sets of material delivered to targeted users and user groups as compilations or lists. If you consent to such use of your material, your material may be added to a compilation or compilations in RootAdmin's discretion from time to time and you may receive priority listings of your submissions along with other participants in this project. If you wish to participate in "Feature Content" RootAdmin (and such a program is currently available) then you will be prompted to read and agree to a separate agreement and signify your acceptance.
In summary, RootAdmin has 4 agreements that may affect you:
Please review them carefully.
RootAdmin provides its service to you, subject to the following TOS, which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.rootadmin.com/info/TermsOfUse.aspx. In addition, when using particular RootAdmin services, you may be subject to guidelines or rules or additional terms (which may be posted from time to time) applicable to such services and which are incorporated by reference into the TOS. All such guidelines or rules are hereby incorporated by reference into the TOS. RootAdmin may also offer other services that are governed by different Terms of Service.
What is RootAdmin?
Through its network of Web properties, RootAdmin provides you with access to a variety of resources:
(collectively "Services"). All Services offered by RootAdmin, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOS.
Our Site is a 'free' site for the software development community to share material and experiences. In order to enable RootAdmin to host and operate the Site, and keep its use free to you, we need to impose legal terms on you that establish our basic rights and responsibilities between us, and restrict your ability to take actions against us that could increase our costs of operating the site, or impose onerous obligations on us.
We need you to comply with our TOS in order to fix practical and effective rules for the orderly functioning of the Site as we see it.
Your use of the Services is subject to your continued compliance with these TOS and any other agreements, guidelines or rules that RootAdmin may post in respect of its Services. We can terminate your access to the Site without warning if you fail to comply with the TOS or any other applicable Agreement, guidelines or rules published by RootAdmin.
To protect our Contributors, our general rule is that unless expressly stated, all rights in any Code or Documents posted on RootAdmin are reserved by the Contributor and/or RootAdmin, and that our Services are for your personal and non-commercial use. Except as expressly authorized by RootAdmin and/or its Contributors, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Code or Documents obtained from our Site.
Some of our Services may require you to register with RootAdmin. For example, you may not post any Code or Documents if you have not registered with us. If all you want to do is read a Document, you do not need to register with us. If you want to obtain Code, there are formalities associated with ensuring you agree to the appropriate EULA. If you do register with us, we require that you keep close control over your RootAdmin ID and any passwords, as we state in more detail below.
If you want to use any of our Services that requires you to register with RootAdmin, you agree to complete our registration process and to provide us with current, complete and accurate personal and demographic information as prompted by the applicable registration form and to promptly update such information as necessary to ensure it is kept complete and accurate. Registration information becomes the non-exclusive property of RootAdmin and may be used by RootAdmin for market research, marketing, improvements to our Services, and for such purposes as may be set out in our privacy statement.
Upon registering, RootAdmin will provide you with a password and a Site ID. You are responsible for maintaining the confidentiality of your password and Site ID. You are responsible for activities that occur under your password or Site ID. You agree to notify RootAdmin immediately of any unauthorized use of your password or Site ID or any other breach of security. You agree to log out of this Site after every session so as to protect your password and Site ID from breaches of security and to enhance the access to RootAdmin for those still accessing this Site. RootAdmin will not be responsible or liable, directly or indirectly, in any way for any loss or damage that you may incur as a result of or in connection with someone else using your password or Site ID, either with or without your knowledge. However, you could be held liable for losses incurred by RootAdmin or another party due to someone else using your Site ID or password if you have been negligent or have willfully aided, abetted, assisted, or acquiesced in that misuse. You may not use anyone else's password or Site ID at any time, without the permission of the bona fide holder.
RootAdmin uses credit card numbers submitted to us for payment purposes
only, and not for marketing purposes. Your credit card information may be saved for future
purchases, as long as you log in. We utilize industry standard secure encryption technology
to reasonably assure the privacy and security of the credit card numbers of anyone
who places online orders with us.
Our Privacy Statement tells you our policies relating to the collection and use of your information. This Privacy Statement is made a part of the TOS by reference. Please click on the link to read these provisions.
We do not want to have responsibility for issues concerning minors
In cases where you have authorized a minor to use the RootAdmin Site, a site owned by RootAdmin or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the RootAdmin Site, a site owned by RootAdmin or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of RootAdmin Site (or affiliated sites) may contain material that is inappropriate for minors.
Basic Licensing provisions
We remind you that use of any Code is subject to the applicable EULA. Not all Code is governed by the same EULA, please review the applicable EULA before using any Software downloaded. Any use of Software in contravention of these TOS or the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
ROOTADMIN DOES NOT MAKE ANY A SSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF ANY CODE THAT MAY BE POSTED ON THE SITE. RootAdmin will not be liable to you or any party on any legal theory for any damages whatsoever, including without limitation any direct, indirect, general, special, incidental, consequential, punitive, or exemplary damages (including costs and lawyers fees) arising in connection with any Code.
PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING CODE MADE AVAILABLE TO YOU. ALL RIGHTS NOT EXPRESSLY GRANTED, ARE RESERVED.
RESTRICTED RIGHTS LEGEND. Any Software of RootAdmin which is Contributed to the site and which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is RootAdmin, 503-250 Ferrand Drive Toronto Ontario, M3C 3G8 Canada
Your rights to use Documents
RootAdmin and its Contributors grant limited permission to use Documents. All rights not expressly granted, are reserved. The following are conditions of use of Documents:
Permission to use Code or Documents does not include rights to copy or use the design or layout of RootAdmin Web site or any other site owned, operated, licensed or controlled by RootAdmin. Elements of RootAdmin Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from RootAdmin Web site or any site owned by RootAdmin may be copied or retransmitted unless expressly permitted by RootAdmin.
Be respectful of each other, and please recognize that we are not responsible for the acts of the community
All Code and Documents are the sole responsibility of the Contributors providing or posting such material . We do not guarantee a person's identity. Do not assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Content may include material that some persons will find offensive, indecent or objectionable. Always use caution when giving out any personally identifiable information in any Services.
Nothing submitted to RootAdmin or to any Communications Services on our Site shall be deemed confidential. Do not reveal any private information, including but not limited to health, financial and personally identifiable information, if you do not wish this information to be published. You must not reveal the health or other private information of third parties without their knowledge and consent.
RootAdmin does not control or endorse the content, messages or information found in any Services, and is not and cannot be responsible for content, messages or information, or the accuracy, integrity, or quality thereof. RootAdmin will not be responsible for any reliance or decisions made based on such content, messages or information. RootAdmin specifically disclaims any liability with regard to the Services and any Code or Documents, and any actions resulting from your participation in any Services and use of any Material. Managers, administrators and hosts may not be authorized spokespersons of RootAdmin, and their views do not necessarily reflect those of RootAdmin.
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Services, you will not:
You agree that RootAdmin has the right and sole discretion to edit, review, delete or modify any material you provide to RootAdmin, and to reject, publish, refuse to publish, remove or block access to any material, for any reason whatsoever, at any time and from time to time. RootAdmin does not represent or warrant that it will review or moderate any material. The submission of material in no way creates any obligation or duty on the part of RootAdmin to post or use such material.
RootAdmin has no obligation to monitor its Services. However, RootAdmin reserves the right and sole discretion to review, delete or modify Material, to publish, remove or block access to any Material that is available through RootAdmin, for any reason whatsoever, at any time and from time to time. To give us capacity to act without repurcussion to protect against people we believe are abusing the letter of the TOS or the spirit of RootAdmin and this Site, RootAdmin reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.
Those reading and posting messages and comments on any part of the Site agree that:
All Contributors acknowledge that he/she may receive positive or negative comments on the submitted material, and that there is a chance those comments may significantly harm the Contributor's professional reputation. You release, indemnify and hold harmless RootAdmin, its affiliates, employees, contractors, agents, and assigns from all liability for loss or damage howsoever occasioned resulting from any such comments. Neither RootAdmin nor its suppliers will be liable for any of those types of damages known as direct, indirect, special, consequential, incidental, exemplary or punitive related to such comments, to the maximum extent the law permits, no matter what legal theory it's based on.
The "We are not liable clause". This allows us to keep our costs down and still allow relatively free and open disclosure from our contributors
ROOTADMIN AND/OR ITS RESPECTIVE SUPPLIERS AND CONTRIBUTORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIAL PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL MATERIAL IS PROVIDED "AS IS", "WHERE IS", "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. ROOTADMIN AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL MATERIAL, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIAL PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ROOTADMIN AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
You release, indemnify and hold harmless RootAdmin, its affiliates, employees, contractors, agents, and assigns from all liability for loss or damage howsoever occasioned resulting from your use, misuse, reliance upon, or inability to use anything found on RootAdmin, and from RootAdmin's use, misuse, or non-use of any Code or Documents submitted, and from any bugs, virii or other malicious code, errors in, interruption, suspension, or termination of any Services.
IN NO EVENT SHALL ROOTADMIN AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM USE, LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS, OR OTHERWISE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF MATERIAL AVAILABLE FROM THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES. ABSENT GROSS NEGLIGENCE OR GROSS MISCONDUCT BY ROOTADMIN, IN NO EVENT SHALL ROOTADMIN BE LIABLE FOR ANY DAMAGES WHATSOVER, UNDER ANY LEGAL THEORY.
In the event that any action or other proceeding is sought to be brought against RootAdmin for any purpose, you agree, notwithstanding any legislative Statute of Limitations to the contrary, that such proceeding must be brought within one year of the action or event giving rise to the cause of action, or such proceedings shall be forever barred as against RootAdmin and any persons who in law or at equity could claim contribution or indemnity against RootAdmin.
If another site causes you damages, look to that other site for relief
We want to stay within the law, and we want each of you to act like you are part of a responsible community while you are on this Site
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms and conditions, any specific requirements, procedures, policies or regulations of RootAdmin, or any other agreement between you and RootAdmin. You may not use the Services in any manner that could damage, disable, overburden, or impair any server of RootAdmin's site, or the network(s) connected to server running RootAdmin, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any server of RootAdmin or to any of the Services, through hacking, password mining or any other means. You may not access RootAdmin after your account or access has been terminated by RootAdmin. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
We will disclose what the law says we are required to disclose. Nothing more.
RootAdmin reserves the right at all times to disclose any information as RootAdmin deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Infringement claims procedures
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is the policy of RootAdmin not to permit materials known by RootAdmin to be infringing to remain on the Site. You should notify RootAdmin promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a third party copyright. Upon RootAdmin receiving a proper notice of claimed infringement under the Digital Millennium Copyright Act and applicable laws of other jurisdictions (collectively the "DMCA"), RootAdmin will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
Please contact the RootAdmin representative listed at the bottom of this section for copyright infringement notices only. If you have a question about your account on RootAdmin, a general question, or any other Customer Service inquiry, please send us an email, or call us at +1 416-849-8900 x 100, Monday through Friday from 9 AM to 6 PM, Eastern Time.
To provide notice of claimed copyright infringement only:
503-250 Ferrand Drive
Toronto Ontario, M3C 3G8 Canada
Attn: Copyright agreement
We need to be able to operate a site that many people can feel comfortable using, without liability to us
You agree to indemnify, defend and hold harmless RootAdmin, its affiliates, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from any and all claims, liabilities, costs, damages or losses they may incur (including, without limitation, attorney's fees) arising out of a violation or alleged violation by you of these TOS or arising from material posted by you or contributed by you on the Site. You agree to cooperate as fully as reasonably required in the defense of any such claim.
RootAdmin reserves the right (but is not obligated) to do any or all of the following:
RootAdmin reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. RootAdmin has no liability or responsibility to users of this Site or the Services or any other person or entity for performance or nonperformance of the aforementioned activities.
RootAdmin, its successors and assigns, shall have the right to assign or transfer this Agreement, all other agreements between the parties, and all RootAdmin's benefits in their absolute discretion and from time to time.
This Agreement and all other agreements between the parties, their interpretation and enforcement are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. All disputes are required to be brought before the courts in the Province of Ontario to the exclusion of the courts in any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods and applicable local laws incorporating or embodying its terms or intent does not apply to these TOS or any other agreements between the parties.
You and RootAdmin are independent contractors. Nothing in this Agreement or any schedules or documents incorporated by reference herein or into which this Agreement is incorporated by reference into, create a partnership, joint venture, agency, or employment relationship between you and RootAdmin or give you any rights or authority to bind RootAdmin to any contractual or other obligations.
RootAdmin does not accept or consider unsolicited ideas, including new ideas and suggestions as to improvements to the Site, marketing, advertising, promotions, new product and service offerings, product and service names and marks ("Submissions"). Please do not send any original creative artwork, samples, demos, or other works for any such purposes. We wish to avoid confusion or misunderstanding or dispute when RootAdmin's products, services or strategies might seem similar to Submissions. Consequently, we advise you that any Suggestion made to RootAdmin will not be treated as proprietary information of you, and will be received by RootAdmin without any obligations of confidence whatsoever. Second, you grant RootAdmin, its affiliated companies and necessary sub-licensees permission to use and a grant of a worldwide, non-terminable, royalty-free, full assignable and transferable right and license in perpetuity to use and apply your Suggestions for any purpose(s) RootAdmin considers fit in its sole discretion. Third, RootAdmin is under no obligation to use your Suggestion or pay you anything for your Suggestion. Fourth, you confirm that you will own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit, or for RootAdmin to use your Submissions.
If you identify problems with the usability, operability, or interoperability of RootAdmin or any Services, you may deliver or suggest amendments or "bug fixes" for RootAdmin's consideration. RootAdmin shall have the absolute right to incorporate all such amendments or "bug fixes" accepted by RootAdmin into products and Services provided by RootAdmin for all purposes, without any payment or other compensation to you. All right, title and interest to any submitted amendments or "bug fixes", whether accepted or not, shall transfer to RootAdmin at no cost to RootAdmin as a royalty free right granted in perpetuity.
If you wish to present a business proposition between yourself and RootAdmin on a confidential basis, you should first enter into negotiations with RootAdmin to sign a non-disclosure agreement, and only after such non-disclosure agreement is signed will any disclosure be deemed confidential, and only to the extent and for the purposes contained in that agreement.
You expressly acknowledge that RootAdmin has entered into this agreement, and has and will make its Site and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and RootAdmin. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
If any provision of these TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TOS, which shall remain in full force and effect. No waiver of any of these TOS shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Your obligations to RootAdmin contained in these TOS and in all applicable agreements between yourself and RootAdmin shall survive termination.
Copyright © RootAdmin, 1999-2013 , 503-250 Ferrand Drive Toronto Ontario, M3C 3G8 Canada.
Any rights not expressly granted herein are reserved. Specific material may also be copyright of the respective authors/owners.
RootAdmin™ CodeProject™ and CodeProject.com™ are trademarks or service marks of RootAdmin. All other trademarks published on the Site are trademarks of the respective owners.
By using any of the material on RootAdmin, or accessing the Site, you understand that you have read and agreed to the above TOS. These Terms of Service will be strictly enforced.