SHARED HOSTING TERMS OF SERVICE
Real Estate Marketing Garage, Inc. provides web hosting services to
clients in the Unites States and Canada. The following terms
of service are designed to provide the highest level of
service available.
Content
All services provided by Real Estate Marketing Garage, Inc. are to be
used for lawful purposes only. Transmission, storage, or
presentation of any information, data or material in violation
of any United States Federal, State or Local law is prohibited.
This includes, but is not limited to: copyrighted material,
material we judge to be threatening or obscene, material
that jeopardizes national security, or material protected
by trade secret or other laws. The subscriber agrees to
indemnify and hold harmless Real Estate Marketing Garage, Inc., from any
claims resulting from the subscriber's use of Real Estate Marketing Garage's
services which damages the subscriber or any other party.
Note: Pornography and sex related merchandising are prohibited
on any Real Estate Marketing Garage, Inc. server. This includes sites
that may imply sexual content, or link to adult content
elsewhere. This is also true for sites that promote any
illegal activity or content that may be damaging to Real Estate Marketing Garage servers or any other server on the Internet. Links
to such materials are also prohibited.
Examples of prohibited content or links include
(but are not limited to):
- IRC Software
- Pirated software
- Hacking programs or archives
- Warez Sites
- Distribution of music files or any other material in
which the account holder does not own the copyright.
- Adult Sites
- Game Servers (dedicated game server programs)
Real Estate Marketing Garage, Inc. will be the sole arbiter as to what
constitutes a violation of this provision. Content
that does not meet these standards will be removed without
prior notice to the subscriber.
Housing of any of the following files is considered
a violation of the terms of service:
IRC - We currently do not allow IRC,
Egg Drops, BNC, or IRC bots to be operated on our servers
or network. Files with references to IRC or any likeness
thereof are prohibited. Also any program that acts like
an IRC server or that provide chat functions that run as
background processes are not allowed.
Proxies - We do not allow proxy servers
of any kind, whether for personal or business use. Files
with references to any proxy or likeness thereof are prohibited.
PortScanning - We do not allow any kind
of portscanning to be done on or from our servers or network.
Commercial Advertising - Email -
- Spamming, i.e. the sending of unsolicited email, from
any Real Estate Marketing Garage server or any server located on the
Real Estate Marketing Garage network is STRICTLY prohibited. Real Estate Marketing Garage will be the sole arbiter as to what constitutes
a violation of this provision. This also includes Optin
Optout mail programs and mail that either directly or
indirectly references a domain contained within an account
at Real Estate Marketing Garage. In addition to termination of any account
found to be in violation there will also be a $100 penalty
fine applied for every valid spam complaint processed
by Real Estate Marketing Garage staff.
- Running Unconfirmed Mailing Lists. Subscribing email
addresses to any mailing list without the express and
verifiable permission of the email address owner is prohibited.
All mailing lists run by Real Estate Marketing Garage customers must
be Closed-loop ("Confirmed Opt-in"). The subscription
confirmation message received from each address owner
must be kept on file for the duration of the existence
of the mailing list. Purchasing lists of email addresses
from 3rd parties for mailing to or from any Liquidweb
Inc.-hosted domain, or referencing any Real Estate Marketing Garage
account, is prohibited.
- Advertising, transmitting, or otherwise making available
any software, program, product, or service that is designed
to violate this AUP or the AUP of any other Internet Service
Provider, which includes, but is not limited to, the facilitation
of the means to send Unsolicited Bulk Email, initiation
of pinging, flooding, mail-bombing, denial of service
attacks is prohibited.
- Email address cultivating, or any unauthorized collecting
of email addresses without prior notification of the email
address owner is strictly prohibited.
- Operating an account on behalf of, or in connection
with, or reselling any service to, persons or firms listed
in the Spamhaus Register of Known Spam Operations (ROKSO)
database at www.spamhaus.org is prohibited.
ShoutCast Servers - We do not allow Shoutcast
Servers due to bandwidth and load issues.
Background Running Programs - We ask that
users request permission before enabling persistent background
processes of substantial load.
PHP Shell - PHP Shells or any likeness
thereof are prohibited. Files with any reference to PHP
Shells or likeness thereof are prohibited.
Server Abuse - Any attempts to undermine
or cause harm to a Real Estate Marketing Garage server or subscriber of
Real Estate Marketing Garage is strictly prohibited including, but not
limited to:
- Logging into a server or account that you are not authorized
to access
- Accessing data or taking any action to obtain services
not intended for you or your use
- Attempting to probe, scan or test the vulnerability
of any system, subsystem or network
- Tampering, hacking, modifying, or otherwise corrupting
or breaching security or authentication measures without
proper authorization
- Transmitting material that contains viruses, Trojan
horses, worms, time bombs, cancelbots or other computer
programming routines or engines with the intent or effect
of damaging, destroying, disrupting or otherwise impairing
a computer's functionality or the operation of the System
- Interfering with, intercepting or expropriating any
system, data or information
- Interfering with service to any user, host or network
including, without limitation, by means of overloading,
"flooding," "mailbombing," or "crashing"
any computer system
You will be held responsible for all actions performed
by your account whether it be done by you or by others.
All sub-networks of Real Estate Marketing Garage, Inc. and all dedicated
servers must adhere to the above policies.
Scheduled Maintenance and Downtime
Real Estate Marketing Garage will use its commercially reasonably efforts
to provide services 24 hours a day, seven days a week. Subscriber
acknowledges that from time to time the services may be
inaccessible or inoperable for various reasons, including
periodic maintenance procedures or upgrades ("Scheduled
Downtime"); or service malfunctions, and causes beyond
Real Estate Marketing Garage's control or which are not reasonably foreseeable
by Real Estate Marketing Garage, including the interruption or failure
of telecommunications or digital transmission links, hostile
network attacks, or network congestion or other failures.
Real Estate Marketing Garage will provide at least 48 hours advance notice
to the subscriber for Scheduled Downtimes, and will use
commercially reasonable efforts to minimize any other disruption,
inaccessibility and/or inoperability of its web servers.
Real Estate Marketing Garage has no responsibility for downtime resulting
from a user's actions. Also, the 100% network uptime guarantee
does not apply for shared accounts.
Refunds
Refunds will be posted for FULL months only, with the exception
of plans including a 30 day money back guarantee (shared
hosting only). Virtual Dedicated, Virtual Private, and Dedicated
servers are not included for the 30 Day Money Back Guarantee.
Notice of cancellation must be given 2 monts before the month in
question begins. Setup fee is NON refundable.
Any violation of Real Estate Marketing Garage, Inc.'s Terms of
Service Agreement shall result in no refund.
Limitations on Use
- Any account using 15% or more of the server CPU or memory
can be suspended and/or terminated.
- Any account that uses excessive amounts of bandwidth
can and will be subjected to bandwidth throttling.
- Background Processes. Unauthorized background processes
shall result in immediate termination of the account.
Real Estate Marketing Garage maintains the right to cancel accounts
at its discretion.
Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed,
regardless of the account billing date. The account will
not be charged again until the next month's billing cycle.
Billing dates are on the first and 15th of every month.
Check Orders: Accounts for subscribers
who wish to pay by check will be setup when the check is
received by Real Estate Marketing Garage, Inc.
Disabling of accounts due to overdue payment:
Accounts will be disabled if payment is not received within
14 days of the invoice date. If your account has been disabled,
you may be charged a reconnection fee of up to $50 in order
to re-enable your account.
Termination of accounts due to overdue payment:
If the account is not paid within 30 days of the invoice
date, the account will be terminated and all information
within the account will be deleted.
Cancellation Procedure: Valid proof of
account ownership will be required to terminate an account.
This includes, but is not limited to, billing information
in the form of a partial credit card number or other payment
information, or the billing password. Non-secure information,
such as the contact email address or account billing address,
is not sufficient as a security verification.
Parked Domain Names: There is a one-time
fee of $15 for parking additional domain names. This fee
is nonrefundable.
Virtual Domain Names: Additional domains
that point to a sub folder (Virtual Domains) are $5 per
domain per month. This is a nonrefundable fee.
Domain Name Transfers: Real Estate Marketing Garage
shall not be held responsible for domain transfers. The
account holder is responsible for completing any necessary
domain name transfers.
Courtesy Services for Customers
All services such as backup and Cpanel are provided for
the courtesy of the subscriber. It is the sole responsibility
of the subscriber to maintain the subscriber's own backup
of any data. Real Estate Marketing Garage, Inc. is not responsible for
lost data or for lost data due to third party software that
is not maintained by Real Estate Marketing Garage, Inc. programming staff.
(Cpanel is not associated with Real Estate Marketing Garage, Inc.)
Limitation of Damages
Recovery of damages from Real Estate Marketing Garage may not exceed
the amount of fees it has collected on the account.
General
- Terms Of Service are subject to change without any prior
notification.
- These Terms of Service are a legally binding contract
between the subscriber and Real Estate Marketing Garage, Inc.
- By opening an account, the subscriber agrees to the
above-stated terms.
- Anything not listed in the Terms of Service is open
to interpretation and change by Real Estate Marketing Garage, Inc. administrators
without prior notice.
- All prices, with the exception of the 30-day money back
guarantee, are nonrefundable and nonnegotiable.
- The 30-day money back guarantee does not pertain to
Virtual Dedicated and Full Dedicated server plans.
- Any violation of these Terms of Service will result
in termination of the account. Real Estate Marketing Garage, Inc. maintains
the right to terminate accounts without prior notification.
- We reserve the right to remove any account with 15 days
prior notice.
Dispute Resolution
Any dispute between Real Estate Marketing Garage and a subscriber shall
be determined by arbitration conducted by a Canadian Arbitrator
pursuant to its commercial arbitration rules. The arbitrator
shall decide any dispute in accordance with Ontario law,
without the application of choice of law principles. Each
party shall bear its own expenses and legal fees for the
arbitration. The arbitration shall be conducted in Ottawa,
Ontario, unless both parties agree in writing to a different
location. The arbitration award is enforceable as a judgment
of any court having proper jurisdiction.
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