Roller Network Service Contract

Effective September 2016 all new colocation, access (including transit and metro ethernet), and transport customers will be presented with terms and conditions in a signed Master Service Agreement which supersedes the terms and conditions shown below. Customers that have not signed a Master Service Agreement will continue to be subject to the terms and conditions shown below.


Under the terms of this service contract, your registration of a Roller Network LLC account is an acknowledgement and agreement to be bound by the terms and conditions of this service contract.

ACCEPTABLE USE POLICY

Services provided by Roller Network LLC may only be used for lawful purposes. Any use of these services that violate any federal, local, state or international law which may apply to your Roller Network LLC account in any jurisdiction that you are subject to is prohibited.

While using the service provided by Roller Network LLC you agree to the Roller Network Acceptable Use Policy (AUP). A copy of this AUP can be found online at "http://www.rollernet.us/policy/aup.php" or provided in writing upon request.

NO WARRANTY

Service provided by Roller Network LLC is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to: warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. At no time shall advice or information given by Roller Network LLC, its agents or employees, constitute a warranty. Roller Network LLC provides no warranty that the service will be uninterrupted or error-free, or that information or material accessible on the service is free from harmful components. Under no circumstances shall Roller Network LLC be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from use of or inability to use the service, or from mistakes, omissions, interruptions, delays of transmission, errors, deletion of files, defects, or any failure of performance.

If you are unsatisfied with the service provided by Roller Network LLC or any of its accompanying terms, conditions, rules, policies, guidelines, or practices, the sole and exclusive remedy is to discontinue using the service and close your Roller Network LLC account. Your account may be terminated online through the Account Control Center at "https://acc.rollernet.us" or upon request in writing.

DATA BACKUPS

Use of services provided by Roller Network LLC are at your own risk. Roller Network LLC is not responsible for data associated with an account. Roller Network LLC will back up data associated with managed services provided to tape or other suitable archival medium on a best effort basis, but does not warrant their availability or fitness. Archival data may be requested for a fee.

INDEMNIFICATION

Each party agrees to indemnify, defend, and hold the other party harmless from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from use of the service which damages either party or any other party or parties without limitation or exception.

REFUSAL OF SERVICE

Roller Network LLC reserves the right to refuse or discontinue service. Services are non-refundable.

PRIOR AGREEMENTS

This service agreement supersedes any written agreement (electronic or otherwise) or communication you may have had with Roller Network LLC and constitutes the total agreement between the parties.

SEVERABILITY

Should any provision of this agreement be determined to be invalid, unenforceable or unfit, all other provisions shall remain in full force and effect and said provision shall be reformed to the extent necessary to make it valid, enforceable, or fit.

APPLICABLE LAW AND JURISDICTION

The laws of the state of Nevada govern all matters arising out of or relating to this Agreement and any services provided by Roller Network LLC. Any party bringing legal action or proceeding against any other party shall bring such legal action or proceeding in the Second Judicial District Court of Washoe County, Nevada. The parties consent to the exclusive jurisdiction of such court and each party waives, to the fullest extent of the law, any objection that it may now or later have to the exclusive jurisdiction of such court. The Roller Network LLC account holder agrees that all services provided by Roller Network LLC shall be deemed to be requested and provided in Washoe County, Nevada.

Last Updated: 5/21/2013


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