Realm-Net Hosting ("The Company") agrees to
furnish services to the Subscriber, subject to the following TOS
(Terms of Service). Use of Realm-Net Hosting Service constitutes
acceptance and agreement to Realm-Net Hosting's AUP as well as
Realm-Net Hosting's TOS (Terms of Service).
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Account Cancellation: Requests for canceling
accounts may be emailed to [email protected] or mailed
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.
- 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.
- 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.
- 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.
- 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
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.
- 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.
- 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
- 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
[email protected] Hosting.net or use the Contact form to
- Network: As stated above, Realm-Net Hosting leases
their servers from EV1Servers.net. This includes the
allocation of IP Addresses. Therefore, we again quote
"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."
- 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.
- 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,
- 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.
- 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.
- 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
- 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
- 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.
- 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
- 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.)
- 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
- 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.
- 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.
- 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.
- 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