Agreement Between Real Web Host And All Customers
Activities Subject to Immediate Deactivation.
Real Web Host will not tolerate verbal or written abuse towards any staff member with Real Web Host of any description. If this happens the account will be terminated from the Real Web Host server immediately.
Any Hosting Account that is used for Illegal, Abusive or Unethical Activity may be immediately deactivated by us without warning to you. Any misuse or overuse of the server will result in immediate deactivation of an account. Illegal, Abusive or Unethical Activities include, but are not limited to inclusion of or linking to, pornography, mp3's, obscenity, nudity, phishing, violations of privacy, hacking, irc related scripts and programs, psyBNC, non approved server scripts, eggdrops, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. In the event these are found to be on our servers your account will be suspended and voided. At that time any monies due will be refunded less any monies paid by Real Web Host during signup. These fees could include merchant account and gateway fees. These fees will be deducted from the lump sum payment and the difference refunded.
You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we are not required to give notice before deactivating your use of our services if, in our discretion, your use is or results in Illegal, Abusive or Unethical activities. If a Hosting Account is disabled, the regular monthly fees still apply. Each individual hosting account is allowed 1 main domain name with all additional parked domain names pointing to the main site of the main domain, unless otherwise specified. Real Web Host reserves the right to Cancel/Deactivate any account at any time for any reason.
There will be no tolerance of any abuse of any of our support methods, which will result in immediate suspension. Please understand that all information submitted on the Hosting Account shall be considered publicly accessible. Important and private information should be protected/backed up by you. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use. Unsolicited Electronic Mail. No harvesting of email addresses will be tolerated and will lead to termination without notice. You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming will be immediately subject to a $250 cleanup/network abuse fee.
Realwebhost is a web hosting service, whose primary function is serving web pages. We reserve the right to discontinue any account which uses our servers extensively or primarily for some other purpose (e.g. compilation of programs, data analysis, etc.) or any other purpose intended to reduce the load on another server that is run by anyone other than Real Web Host.
Servers are not to be used for the hosting or serving of file downloads.
Any site with traffic or disk usage consisting of more than 33% of file downloads (non html traffic) may be suspended.
Real Web Host will perform daily, weekly, and monthly backups for each site. Each day, the previous day’s backup will be overwritten. Once a week and once a month the weekly and monthly backups will be overwritten also. Based on this some backups, depending when they run, will have the same date at certain times. This is provided as a convenience to the client at no charge. In the end the client is responsible to have their own backups and are encouraged to periodically backup their sites. Each client is entitled to one free restore each month of their site if needed. Additional restores in the same month will be charged at a rate of $15.00 USD each time. Dedicated server clients with one hard drive will be entitled to 20 gig of space on a backup server provided by Real Web Host free of charge. Any space used over 20 gig will be charged at a rate of 0.80 USD per gig per month. Dedicated server clients will need to request more space if needed by emailing [email protected]
In the event a client cancels their website, the client will have 5 days to request a compressed copy of their website which will be in a tar format at no charge. After 5 days the charge will be $25.00 USD. Real Web Host will keep a copy of the clients website on file for 30 days after cancellation. After the 30 days expires the website files will be removed from the servers of Real Web Host.
Real Web Host will not be responsible for any damages whether direct, consequential or otherwise your business may suffer. Real Web Host makes no warranties of any kind, expressed or implied for services we provide. Real Web Host reserves the right to dump any raw access logs when it affects the operation of servers used. Real Web Host disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Real Web Host and its employees. If Real Web Host must institute legal proceedings, the subscriber shall incur all reasonable legal fees, court costs, and expenses.
Real Web Host furthermore expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Real Web Host policy. Finally, Real Web Host wishes to emphasize that in accepting services, subscribers indemnify Real Web Host for any violation of the subscriber of the Services Agreement, or of law or Real Web Host policy, that results in loss to Real Web Host or the bringing of any claim against Real Web Host. This means that if Real Web Host is sued because of activities of the subscriber that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the subscriber will pay any damages awarded against Real Web Host, plus costs and reasonable attorneys' fees.
Real Web Host reserves the right on all design and scripting work done for their customers. Any design or programming done by Real Web Host is copyrighted and can not be resold without prior constant from Real Web Host in a certified document form. All agreements and cost of said design or Programming is required to be kept between the client "Real Web Host" and the customer on a one on one basis. These prices or and quotes must not be given out. Any time this is done and effects Real Web Host's design pricing on future designs person or persons involved in this could be held accountable for all lost cost's to Real Web Host in a court of law. Design Work Done for VBulletin forums will be limited to be placed on one website only. Real Web Host is not responsible for any VBulletin software that is not registered with VBulletin. At any time Real Web Host finds out that design work being done for a client that does not have a registered copy of VBulletin work will be stopped and until proof can be given of said registered software. If this can not be delivered to Real Web Host in a document form work will be stopped and any up front cost's that have been paid to Real Web Host will become sole property of Real Web Host for work that has already been done. Client has 30 days of completed design work to bring to the attention of Real Web Host any problems or concerns with said work. If at any time a client is found to be running an unlicensed copy of vbulletin on our servers, their account will be suspended at once until the proper documents are provided to us showing the software has been properly licensed with vbulletin.
We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all accounts are well taken care of. We cannot guarantee or predict server downtime. Any network problem, or outage, is not covered under any guarantee or warranty and will not be grounds for reimbursement for any subsequent financial damages or losses. Even though we do daily, weekly, and monthly backups on all accounts on all servers user backups are ultimately the account holder's responsibility.
Real Web Host guarantees that your server will be operational for 99.5% during a calendar month. This does not include scheduled downtime for maintenance on servers, which will be minimal, and necessary. This also doesn't include mass-network problems such as major backbone problems or hardware failures.
You must submit full documentation by email to Real Web Host with your credit request, documentation must show details of proof of downtime. These can be in any manner including Pings, trace routes, or 3rd party outage notifications. Emails without full details are not liable for a credit. The credit must be requested within the first 3 days of the outage that has occurred.
Real Web Host will not be liable for any lost revenues during your down time.
Real Web Host guarantees that the price and specifications on your current plan will never change as long as you remain an active customer. So, for example,say you sign up for $8.95/month for 500MB of hard drive space and 15GB of monthly bandwidth. As long as you remain an active customer (don't cancel your account and don't violate the TOS in such a way where your account is cancelled), or request an upgrade/downgrade, then you are guaranteed that your price will remain at $8.95, and your account will have 500MB hard drive space and 15GB bandwidth. This does not include registration of domains or ssl's.
In the event you cancel your service, you will be charged in full for the entire month in which you canceled your service. If you pre-paid for service, no refund will be given for any un-used time. For example, if you signed up for a year, and used 6 months, you will not receive a refund for the un-used 6 months. Any reseller accounts are the responsibility of the reseller and not Real Web Host. No refunds will be given for these type accounts. Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance will be terminated, including domain registrations. Refunds will not be given for any reason in the case of account non-use, misuse, or abuse. This could include spamming, phishing, or abusive remarks torwards our company and staff.
Refunds will not be given on domain registration fees. There is a $50 administrative fee for any illegitimate chargebacks placed against us. Any illegitimate chargebacks or threatened illegitimate chargebacks are grounds for immediate account cancellation.
The 30 day guarantee covers cancellation of an account during the first 30 days of service, due to our inability to deliver satisfactory service. The customer will be refunded all hosting charges made to their credit card less any setup fees, software installs, Secure Site Certificates "ssl", and domain registrations which are non-refundable. This guarantee is also applicable to yearly customers.
Refunds will not be given for any reason in the case of account non-use, misuse, or abuse. This could include spamming, phishing, or abusive remarks torwards our company and staff.
Refunds will not be given on domain registration fees.
All inquiries regarding this guarantee should be directed to [email protected]
The bonus will be paid to the referrer after the new customer has been with Real Web Host for 3 months with no interruption of service. If the new customer cancels at any time during those 3 months, or if they are cancelled for violating this agreement, the referral bonus will be voided. The customer must mention you in the refer section of the signup page in order for you to be eligible for this bonus.
Real Web Host reserves the right to revise its policies at any time without prior notification.