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terms of use   

By purchasing hosting and/or web design service from Real World Imaging  you agree to the following:

Real World Websites.com

Terms Of Service (TOS) & ACCEPTABLE USE POLICY (AUP)

 

Real World Website's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Real World Websites expects of them while using the service. All users of Real World Website's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of Real World Websites Service constitutes acceptance and agreement to Real World Websites AUP as well as Real World Websites TOS (Terms of Service)


IMPORTANT NOTICE: *All Payments To  Real World Websites Are Non-Refundable* after 14 days Money back guarantee period.

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your account or other actions WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of  Real World Website's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Real World Website's AUP:

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Ensure reliable service to our customers

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Ensure security and privacy of our systems and network, as well as the networks and systems of others

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Comply with existing laws

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Maintain our reputation as a responsible service provider

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Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services

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Preserve the value of Internet resources as a conduit for free expression and exchange of information

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Preserve the privacy and security of individual users

Real World Websites intends to provide its customers access to everything the Internet has to offer. While the Real World Websites is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the  Real World Websites and the Internet and cannot be permitted under the guise of free speech. The resources of the  Real World Websites and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your virtual site to publish material, which Real World Websites determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a Real World Websites account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behaviour and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at Real World Websites

Violations of Acceptable Use Policy

VIOLATIONS OF Real World Websites ACCEPTABLE USE POLICY

The following constitute violations of this AUP:

Examples of content that is not acceptable on Real World Websites Servers: "Pirated software" and/or "Warez", "Hacker programs and/or archives", "IRC Bots", "Gambling Related", "Mp3's", "Adult Content or/and Adult Merchandise". "Backup Your Home Computer", "Archive compressed files", "Movies", Mpegs or Avi's. and "bundled software" for download.

1. Illegal use: Real World Websites services may not be used for illegal purposes, or in support of illegal activities.  Real World Websites reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

2. Harm to minors: Use of the Real World Websites service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

3. Threats: Use of the Real World Websites service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

4. Harassment: Use of the Real World Websites service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

5. Fraudulent activity: Use of the Real World Websites service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) : Use of the  Real World Websites service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Real World Websites account.

IMPORTANT NOTICE:
Anyone hosting websites or services on our server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their site immediately removed from our network. The site will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the site to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the site from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Real World Websites account.

9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Real World Websites service is in violation of this AUP.

10. Usenet SPAMing: Real World Websites has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

11. Unauthorized access: Use of the Real World Websites service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Real World Website's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Real World Websites account is subject to immediate termination.

12. Copyright or trademark infringement: Use of the Real World Websites service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

13. Collection of personal data: Use of the Real World Websites service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

14. Network disruptions and unfriendly activity: Use of the Real World Websites service for any activity which affects the ability of other people or systems to use  Real World Websites Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Real World Websites will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

15. Net Send Spam: The use of the net send utility to send unsolicited bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service.

16. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

17. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

18. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the offending account.

19. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Real World Websites services could result in suspension service.

20. Third Party Accountability: Real World Website's resellers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

21. Violation of Real World Websites Accounts: It is absolutely forbidden to host illegal pornographic content whereas the subjects are under the age of majority, or IRC servers on Accounts. Accounts found hosting this material will be subject to immediate cancellation without refund.

22. IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.

23. Unlimited Accounts: These accounts are not to be used to host a collection of MP3's, Warez, Backup Your Home Computer, store or archive compressed files, movies, mpegs or avi's. The accounts may also not be used as a download distribution point for your bundled software. It is to be used for standard web practices and only standard web practices. If you have a questionable concern contact Real World Websites If you know your site is going to use an un-normal usage, and sign up knowing this, we will require you to get a dedicated server. If you have any questions in regards to this contact Real World Websites Un-Normal usage is anything that a shared server would not be able to provide. Again Contact us for approval if you feel you will fall into this clause.

24. Resellers: Resellers are responsible for enforcing the AUP and TOS to all of their clients. If their clients are found to be not following them, Real World Website's Hosting Service will suspend the offending site and let the reseller know. Resellers are responsible for anything their clients do.

25. Streaming Video and Audio: Streaming Video and Audio is not permitted on our servers.

26. Background-running Programs: We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

27. Banned Scripts: You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Real World Websites reserves the right to disable the account pending client cooperation and resolution.

28. Distribution and/or Transmission of Obscene or Indecent Speech or Materials: Violation of indecency and obscenity laws can result in criminal penalties .

29. Defamation: Defamatory speech distributed over the Internet can result in civil liability for the defamer.

30. Adult Material: Adult Material is not allowed, unless specified in your package deal. Sites that contain adult material that is not on an adult approved server/package, the site will be suspended immediately.

Security

While we will use every reasonable endeavour to ensure the integrity and security of the server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a client, friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

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Your password provides access to your account. It is your responsibility to keep your password secure.

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Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

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Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

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You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

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You may not attempt to circumvent user authentication or security of any host, network or account.

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This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

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You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to Overload a service, and attempts to "crash" a host.

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Users who violate systems or network security may incur criminal or civil liability.  Real World Websites will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance

Real World Website's virtual site and reseller accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer (eg. in excess of 10% CPU usage) may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Real World Websites systems or networks.  Real World Websites reserves the right to terminate or limit such activities.

REPORTING VIOLATIONS OF  Real World Websites AUP

Real World Websites requests that anyone who believes that there is a violation of this AUP, please direct the information to Real World Websites

If available, please provide the following information:

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The IP address used to commit the alleged violation

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The date and time of the alleged violation, including the time zone or offset from GMT

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Evidence of the alleged violation

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Real World Websites may take any one or more of the following actions in response to complaints:

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Issue written or verbal warnings

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Suspend the Member's newsgroup posting privileges

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Suspend the Member's account

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Terminate the Member's account

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Bill the Member for administrative costs and/or reactivation charges

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Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

REVISIONS TO THIS ACCEPTABLE USE POLICY

Real World Websites reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

TERMS OF SERVICE (TOS)

IMPORTANT NOTICE: *All Payments To Real World Websites Are Non-Refundable* after 14 days Money back guarantee period.

Real World Websites agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Real World Website's Service constitutes acceptance and agreement to Real World Websites 's AUP as well as Real World Websites 's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Real World Websites and AUP (Acceptable Use Policy) . The 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.

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 Real World Websites 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.

Bartercard/Ebanc Trade payment is accepted for hosting accounts but does not include the GST portion. The GST is to be paid via PayPal unless otherwise indicted at time of purchase.

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.

Late Payment:

Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 7 working days grace period after which the account is put on suspension.

If payment has not been received or we have not been contacted regarding payment, your account will be suspended without any further notice.  Reactivation of closed accounts due to delinquency incurs a $44.00 reactivation fee as well as payment of the balance due in full. For late payments please email Real World Websites Accounts to arrange payment.

Refund:

All payments to Real World Websites are non-refundable after 14-day money back guarantee period. 

Account Renewals:

In order to insure uninterrupted service to your website, all accounts expire on the 30th of June, new accounts are pro-rated to this date. All accounts not paid within 14 days for the following year will be cancelled and treated as a new account and will attract a $44.00 reactivation cost. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Account Cancellation:

If customer cancels fifteen (15) days before recurring monthly billing date the customer will not be billed for the next month and all payments thereafter will be cancelled with immediate effect. Requests for cancelling accounts you must only use the following methods to deliver an official written notice of cancellation:

E-mail Real World Websites Accounts, on receipt your account will be pending cancellation within 48 hours please include your Name, domain name, username, password and your reason for cancelling.

Real World Websites Attn: Cancellations
PO Box 93, Coolum Beach QLD 4573 Australia

You must have all account information to cancel.

The hosting customer 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.

New Domain Accounts:

All new web hosting accounts involving new domains will be set up and entered into the DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Real World Websites on behalf of the account holder a handling fee will be incurred.

Transfer of Domains:

New hosting accounts which involve the transfer of a domain from another provider to Real World Websites.com 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 Real World Websites.com 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.

Technical Support

Real World Websites provides technical support for hosting services only. We do not provide support for configuring scripts on your account or any other support not directly related to your hosting account (setting up your website pages, images, etc.) unless specifically contracted to do so. While we cannot guarantee immediate support, every effort is made to address all questions and requests within 48 hours of lodgement (and usually within 24 hours). Real World Websites, provides 24 x 7 technical support to our clients (except for few holidays and short company meetings)

You can install your own scripts but we do not offer any technical assistance as it would be impossible to determine each scripts' needs.  Please seek tech support from the script's vendor.

We encourage you to visit Real World Websites Support or assistance & online tutorials.

SPAM:

The subscriber acknowledges that Real World Websites defines "SPAM" e-mail as any and all bulk e-mail and Unsolicited Commercial E-mail, messages, or postings, etc. The subscriber understands that they may not transmit, assist in the transmission, encourage third parties to transmit, or permit hosting of sites or any information which is advertised by SPAM. from other networks or services. The subscriber acknowledges that they are responsible for any and all SPAM related actions which come from their account.

Backups

It is the clients responsibility to do all back ups of their site.

If, in the unfortunate event that something happens to your files, it is your responsibility to have a local copy of them.  Real World Websites is NOT held liable in any way for any files, money, time, effort, etc. lost due to this unfortunate event. Furthermore, if your files are lost, we will attempt to restore them as a gesture of good faith, but make no promises whatsoever about whether the files will be brought back successfully or not. Again, back ups are the client's responsibility.

Responsibility for Content:

You, as Real World Website's customer, are solely responsible for the content stored on and served by your Real World Websites server.

14-day Money Back Guarantee

If you are not completely satisfied with our service, you can request a refund within the 14-day proceeding your purchase, and we will refund the full purchase price. To request a refund, simply send us a message letting us know why you are unhappy with our service, and we will promptly issue your refund.

This will allow you to test our services and support. Due to the expense of setting up certain plans, our policy does not cover setup fees.

NOTE: The guarantee will not cover someone who signs up for services and runs up the bandwidth during the 14 days just to get free bandwidth usage.

NOTE: The guarantee will not cover domain registrations. Once a domain is registered there is no way to get a refund.

Hosting Plan:

In the best interests of our Customers and in an effort to maintain the integrity of our service, the following common sense rules will apply:
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Customer's site must use and store only the information and data that relates to the Web site
B. Customer may not resell or give away Web space under a domain name, nor may Customer build Web sites that house "sub domain" Web sites on behalf of other companies, groups or individuals unless you are a our reseller. Customers who wish to resell Real World Websites Web space should utilize Real World Websites Reseller Plan.
C. Customer may not use Customer's Web site to store Web pages, files or data for other IP addresses or domain names, nor may Customer use its Web site as a repository for file, data or "Warez group" download transfers.
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Customer may not use its Web site as a storage area for files that are not linked to Customer's Web pages. Customers needing storage space should look at our FTP Hosting plan .

Uptime Guarantee:

Real World Websites guarantees that our network will be available 99.0% of the time in a given month excluding scheduled maintenance. In the event that our network is inaccessible for more than one hour during any thirty (30) days period, each customer will be granted an additional 1GB of data transfer free of charge for the following month as compensation for the aforementioned downtime (it will be granted upon request). Network uptime includes functioning of all network infrastructure including routers, switches and cabling. Network downtime exists when a particular customer is unable to transmit and receive data. Network downtime is measured from the time the trouble ticket is opened or an email is sent by a customer to the time the server is once again able to transmit and receive data.

There are absolutely no monetary reimbursements available.

Unmetered Bandwidth:

This plan is for clients who want to look for hosting, and do not know how much bandwidth they are you going to need.

Some site use more, and some site use less, so we work to this principle and don't limit your site by a target that we don't charge based on how much you use, this is included in the price of your hosting account. It is however subject to our ' fair use policy' . This plan does not mean a user can use unlimited resources.

FAIR USE POLICY

This is our definition of fair use: if your are a small company or private individual, wanting to run an average company or private web site, then you will have no problems. On average most site of this size use less than 3Gb per month. But, if your site is going to sell 1000's of products, be accessed by 1000's of people every day, then these accounts are NOT for you. To put your mind at rest, in 3 years we have only had to take action under this policy once, when a customer was using an unusually high level of bandwidth. If you need high level of bandwidth, please contact us to discuss your need or please sign up a plan with higher bandwidth.

Whilst we can offer unrestricted/unmetered use of bandwidth we do monitor traffic through our servers vigorously on a daily basis to ensure no customer or website is using server resources to such an extent that he or she may jeopardize server performance and resources for other customers

In the instance where a customer or website is found to be monopolizing the resources available Real World Websites reserves the right to suspend that website and services to that customer immediately. This action is implemented only in extreme circumstances and is intended to prevent the misuse of our servers.

Disclaimer:

Real World Websites.Com will not be responsible for any damages your business may suffer. Real World Websites makes no warranties of any kind, expressed or implied for services we provide. Real World Websites 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 World Websites and its employees.

Finally, Real World Websites wishes to emphasize that in accepting services, customers indemnify Real World Websites for the violation of any law or Real World Websites policy, that results in loss to Real World Websites or the bringing of any claim against Real World Websites. This means that if Real World Websites is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Real World Websites, plus costs and reasonable legal fees.


Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

 

 
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