TERMS OF SERVICE
POLICY AND SERVICE GUIDELINES (ToS - Terms of Service) Real Webspace provides web hosting to many different kinds of clients. Therefore we have the responsibility to protect each of our clients and their interests and to provide the best services available. The following guidelines were designed to ensure that these obligations are met.
FURTHERMORE, these Policies, Guidelines, and Disclaimer are intended for all domains residing on Real Webspace servers or affiliates.
All services provided by Real Webspace may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African, Province or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Real Webspace from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related web hosting of any kind is prohibited on all Real Webspace servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Real Webspace will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Real Webspace servers or any other server on the internet. Links to such materials are also prohibited.
We also do not allow sites with political content as 'hate speach', racial issues, or sites that propagate political activity against specific races or countries.
Examples of unacceptable content or links or usage:
●Pirated (cracked) software
●Hacker programs or archives
●Warez sites
●Copyrighted Material (e.g. MP3's)
●Any Site that consumes more than 5% of system resources
Following are a list of sites that will often require more than 5% of our systems resources:
●Multiple domains residing at a single IP address,
●Domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.),}
●Domain accounts offering download files.
●Chat Sites
●Forum sites
Any Illigal material found on our server in your account will be suspended immedietly. Your account can be unsuspended by paying a R500.00 fine to Real Webspace.
We are not saying that your web site cannot contain such files as scripts (just one example), however if at any time they consume 5% or more of our systems resources you might be contacted to resolve the problem or if an emergency - your account would be disabled. Real Webspace will be the sole arbiter as to what constitutes a violation of these terms.
Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill R 15.00 for each gig of traffic exceeded. This amount is not prorated, this meaning that 1 mb - 1 gig will be treated and billed as the same. Your account will be suspended automatically by our systems in the case of that the traffic limit has been reached. This is a) to protect you in case a 3rd party is mis-using your account without proper permission (eg. somebody hacked your account) and b) to protect us as we are responsible for paying the increased amount of bandwidth to our wholesaler.
Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a Real Webspace server or using an email address or domain that is maintained on an Real Webspace machine as reference is STRICTLY prohibited. Selling software or services related to email advertising is prohibited, too. Real Webspace will be the sole arbiter as to what constitutes a violation of this provision.
Chat Rooms
We do allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. You can only install chat rooms on hosting plans with bandwidth allowances with more than 25 000MB a month and space limitations of over 10Gb.
Background Running Programs
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
IRC
We currently do allow IRC or IRC bots to be operated on our servers.
Forums:
You will be allowed to install any kind of Forums software. However - many cgi-based applications may use more system resources than like PHP based software. We recommend the use of applications like phpBB or vBulletin forum software. If necessary we will require you to shut down the forum or move to a dedicated server. You can install these from your Fantistico Control Panel.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of Real Webspace is strictly prohibited.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion and with no further justification.
All Sub-Networks, distributive hosting sites and dedicated servers of Real Webspace must adhere to the above policies.
BILLING:
Recurring Billing:
We usually DO send out invoices. All accounts are billed automatically monthly, quarterly, semi-annual or anually.
Account Deactivations:
Any account deactivated due to non-payment will be deactivated and we require a reactivation. This will only be completed upon FULL payment and receit of payment
Cancellation Refunds:
We DO NOT refund partial monthly fees to accounts canceling after their 15 day initial account activation period. The 15 day money back gaurentee may ONLY be invoked for new clients accounts and for transactions paid in cash. Therefore only prepaid full monthly fees existing on account will be refunded. All Setup and domain related fees are non-refundable. No refunds will be issued on Domain Names, since these are the properties of the client.
Refunds requested after 30 days from cash payment are no longer eligible for cash refunds and these will be added to the clients account with Real Webspace. These funds may be used in the purchase, renewal and update of services offered by Real Webspace and do not represent with-drawable funds in any way.
Payments made using a client's internal credit with Real Webspace WILL NOT be refunded what-so-ever and will not be refunded on cancellation or termination of any accounts.
Account Termination.
Accounts are kept on hte server for 185 days after the last invoice (Roughly 6 months). After this time the acount and backups will be deleted. We are not resposible for you not receiveing invoices or suspension notfications. If no prior arangements have been made no exceptations will be made.
Currency
All prices are in SOUTH AFRICAN Rand (ZAR). We are not responsible for any currency exchange fees of your credit card company or your bank.
USE AND PROTECTION OF USERNAME AND PASSWORD
You are responsible for maintaining the confidentiality of your username and/or password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If your account is deliberatly or acidently 'hacked' your account will be suspended. To unsuspend from this there is a R500 fine payable to Real Webspace.
LIMITATION OF LIABILITY:
Real Webspace shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Real Webspace servers going off-line or being unavailable for any reason whatsoever. Furthermore, Real Webspace shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Real Webspace servers. All damages shall be limited to the immediate termination of service. All clients are advised to pull regular backups of their sites. We cannot be held responsible for missing files, data or lost business out of this.
You agree to indemnify, defend, and hold harmless Real Webspace from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Real Webspace , or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
Violations of these Acceptable Uses Policies should be referred to:
support@realwebspace.co.za
All complaints will be investigated promptly. Failure to follow any term or condition will be reason for immediate account deactivation.
DISCLAIMER:
Real Webspace cannot be held liable for unexpected system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. We are currently functioning as a reseller for the web hosting services. Thus, certain equipment, routing, software, and programming used by
Entire Agreement; Amendments
These Terms and Conditions, together with the Acceptable Use Policy and the Privacy Policy, supersede any prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and these Terms and Conditions, together with the Acceptable Use Policy and the Privacy Policy, constitute the sole and entire agreement between the parties with respect to the matters covered hereby.
Real Webspace are not directly owned or written by Real Webspace. We also depend on the services and terms of the Seller of these services. If any of our ToS is (for whatever reason) out of the ToS of the seller - the seller's ToS apply. Moreover, Real Webspace holds no responsibility for the use of our clients accounts. If any terms or conditions are not followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Real Webspace sees fit. We cannot be held liable for links to other sites placed on our systems by clients - the client/owner of a site is responsible for the content and activity of his/her site!
ACCOUNT ACTIVATION:
By activating your account with Real Webspace you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.
NOTICE: If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter.
FURTHERMORE, Real Webspace retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification. Our services may only be used for lawful purposes -- any use of these services that violates any laws, which may apply to Real Webspace, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. You also agree that you as the person legally responsible for all use of this account are at least 16 years of age. If you are under 16 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply Real Webspace with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
Money Back Guarantee: If you do not like our service during the first 14 days and you would like to move-on to a different web hosting provider we will refund your web hosting fees. Unfortunately we are not able to refund the setup fees (if there are any) as this is a one-time fee to activate your account. The guarantee is also void if you used more than 1 GB bandwidth on your account. This is to protect Real Webspace from people who move from web host to web host by using similar guarantees to gain access to 'free' resources. 14 days as well as 1 GB bandwidth should give each customer enough time to test our services and performance of our support and of our servers. The 14 day money back guarantee only applies to web hosting services. Domain Name Registration or web design services or any other services we might provide are not included and not covered under this guarantee.
NOTICE
If your account is found to contain illegal activity, Illegal MP3 Files, Pirated software, hacker programs, Warez programs, or any other illegal files, your account will be terminated immediately without notice.* Also the proper federal (and your local) authorities will be notified of your actions.
Unless specified - none of the web hosting accounts includes the domain name registration fees. The customer is responsible for registering his/her domain name at the registrar of his/her own choice. You may however register with us.
Domain Registration
Domain Registration fees are non-refundable. It is your responsibility to make sure that you have no spelling errors in the domain name when you register it. Please be advised that domain registrations through us are governed by these terms.
*Please note: Domain Name Registration fees WILL NOT be refunded.
Send Postal Mail to:
Real Webspace
P.O. BOX 868
Milnerton
Cape Town, W/P, 7435
South Africa
REVISIONS TO THIS ACCEPTABLE USE POLICY AND TERMS OF SERVICE
Real Webspace reserves the right to revise, amend, or modify this AUP and our other policies and agreements at any time and in any manner.
Last modified (July 26 2010).
Support Team
Fax : 086 6937336