TOS

All provisions of this contract are subject to the TOS (Terms of Service) of Realm-Net Hosting and AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Florida, county of Clay applicable to contracts enforceable in that state. Venue will be Clay County, Florida.

1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Realm-Net Hosting shall have the right to terminate all service set forth in this Agreement.
   
2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
   
3. Payment: Domestic Customers are required to make their initial payment within 15 days of establishing service. Non-domestic Customers are required to make their initial payment within 30 days of establishing service. (In order words, if you can't send funds to the US within 30 days, don't bother signing up!) Payments must be made in US dollars. Subsequent payments are billed at the beginning of each month, due by the 15th. If payment is not received by the beginning of the next billing period, the account will be suspended until it is made current.
   
4. Refund and Disputes: Realm-Net Hosting firmly believes in their "Satisfaction Guaranteed" policy. If payment was made through PayPal, the refund will also be made via PayPal. Otherwise, a refund check will be mailed to your last known address.
   
5. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
   
6. Account Cancellation: Requests for canceling accounts may be emailed to [email protected] or mailed to
   Realm-Net Hosting
   Attn: Cancellations
   1979 Woodlake Dr.
   Orange Park, FL 32003.
   You must have all account information to cancel. Our Satisfaction Guaranteed policy will determine whether or not a refund will be sent.
   
7. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
   
8. SPAM and Unsolicited Commercial Email (UCE): Realm-Net Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Realm-Net Hosting may not use or permit others to use our network to transact in UCE. Customers of Realm-Net Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
   
9. Detection of SPAM and UCE: SPAM and UCE typically result in a large number of emails that get bounced back to our administrator. So we usually find out about SPAM/UCE without anyone complaining.
   
10. Violation of Realm-Net Hosting's SPAM policy will result in severe penalties. Upon detection of an alleged violation of our SPAM policy, Realm-Net Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Realm-Net Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Realm-Net Hosting will terminate the customer's account. Further, Realm-Net Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Realm-Net Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
    
    Realm-Net Hosting leases their servers from EV1Servers.net and are subject to all of EV1Servers's Terms of Service. Their TOS states:
    
    "First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that EV1Servers personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account."
    
    If Realm-Net Hosting is charged any of these "Administrative Fees" or "Research Fees" you will be responsible for paying them and Realm-Net Hosting reserves the right to pursue the matter in civil court. If your violation of this policy results in the termination of Realm-Net Hosting's account with EV1Servers, you will be held responsible for all costs to acquire alternative server. This includes, but is not limited to: full cost of new server, setup fee for co-location, loss of lease payment and setup fees paid to EV1Servers, personnel costs to re-establish virtual web sites for all of Realm-Net's customers, and interest charged for any money borrower (whether bank loan or credit card) to finance the re-establishment of hosting services. You may also be liable for the loss of information and web site content belonging to Realm-Net Hosting's other customers, who may also pursue their cause in civil court.
    
    As our Customers are ultimately responsible for the actions of their clients over the Realm-Net Hosting network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
    
11. New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 24 hours of receiving the sign-up. Due to unforeseen complications, however, this process may sometimes require up to 3 business days. Realm-Net Hosting does not offer domain registration itself. Instead, we have an affiliation with Register.com. If you register your domain through realm-net.register.com, you will not need to request a name server change and your site will be available immediately after setup.
    
12. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Realm-Net Hosting, Inc. will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Realm-Net Hosting on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
    
13. Support Boundaries: Realm-Net Hosting provides support to our customers via email. We attempt to answer all questions within 12 hours. Occasionally, however, it may take longer to respond, but that is usually due to holidays. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Realm-Net Hosting provides support related to virtual site physical functioning. Realm-Net Hosting will attempt to answer questions relating to technical issues such as FTP, cgi programming, html, etc. but we do not warranty our answers or your ability to comprehend them or carry them out. Realm-Net Hosting does not provide technical support for YOUR customers. First, the Help files in the program you are using may have the answer to your question. If you are able to get online and have other questions, the answers may be on Support page at http://www.Realm-Net.com/support/ - we encourage you to check there first. Finally, you can email support@Realm-Net Hosting.net or use the Contact form to receive assistance.
    
14. Network: As stated above, Realm-Net Hosting leases their servers from EV1Servers.net. This includes the allocation of IP Addresses. Therefore, we again quote EV1Servers's TOS:
    "IP Address Ownership: If EV1Servers assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to EV1Servers, and Customer shall have no right to use that Internet Protocol address except as permitted by EV1Servers in its sole discretion in connection with the Services, during the term of this Agreement. EV1Servers shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by EV1Servers, and EV1Servers reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting."
    
15. Bandwidth and Disk Usage: (Currently, Realm-Net does not limit the Customer's bandwidth or disk usage (only disk space). However, Realm-Net Hosting is subject to a bandwidth limit imposed by EV1Servers.net. Realm-Net Hosting will attempt to manager the number of Customer's virtual sites on each server to stay within this limit.)
    
    Realm-Net Hosting reserves the right to impose bandwidth limitations. Realm-Net Hosting may monitor Customer's bandwidth and disk usage. Realm-Net Hosting shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Realm-Net Hosting's sole and absolute discretion. If Realm-Net Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Realm-Net Hosting may, at its sole discretion, collect a deposit, in an amount determined by Realm-Net Hosting.
    
16. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Realm-Net Hosting Network. Violations of system or network security may result in civil or criminal liability. Realm-Net Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
    • Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
    • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
    • Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
    • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
    • Taking any action in order to obtain services to which such User is not entitled.
      
17. Notification of Violation: Realm-Net Hosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
    • First violation: Any User, which Realm-Net Hosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Realm-Net Hosting's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations. However, as stated above, violation of the SPAM/UCE policy will result in immediate account termination.
    • Second Violation: Users that Realm-Net Hosting determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
    • We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
      
18. Suspension of Service or Cancellation: Realm-Net Hosting reserves the right to suspend network access to any customer if in the judgment of the Realm-Net Hosting network administrators the customer's site is the source or target of the violation of any of the other terms of the AUP or for any other reason which Realm-Net Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
    
19. Realm-Net Hosting reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Realm-Net Hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
    
20. Indemnification: Realm-Net Hosting wishes to emphasize that in agreeing to the Realm-Net Hosting Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies Realm-Net Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to Realm-Net Hosting or the bringing of any claim against Realm-Net Hosting by any third-party. This means that if Realm-Net Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Realm-Net Hosting, plus all costs and attorney's fees.
    
21. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
22. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. (Translation: just because we let you get away with something once, doesn't mean you can get away with it, or any other violation of our TOS/AUP again.)
23. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
24. Realm-Net Hosting takes no responsibility for any material input by others and not posted to the Realm-Net Hosting Network by Realm-Net Hosting. Realm-Net Hosting is not responsible for the content of any other websites linked to the Realm-Net Hosting Network; links are provided as Internet navigation tools only. Realm-Net Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
25. Realm-Net Hosting is not responsible for any damages your business may suffer. Realm-Net Hosting does not make implied or written warranties for any of our services. Realm-Net Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Realm-Net Hosting.
    
26. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
    
27. Responsibility for Content: You, as Realm-Net Hosting's customer, are solely responsible for the content stored on and served by your Realm-Net Hosting server.
    
    

Copyright 2003, Realm-Net Hosting
Revised 4/6/2020