UnReal Web Marketingprovides
Internet World Wide Web page hosting, Marketing,
and Development. UnReal Web Marketinghas certain
legal and ethical responsibilities consisting
with the use of its server and equipment
involved in these services.
UnReal Web Marketinggeneral policy is to act
as a provider of Internet presence. UnReal Web Marketingreserves the right to suspend
or cancel a customer's access to any or
all services provided by UnReal Web Marketingwhen we decide that the account has been
inappropriately used.
Server
Abuse
Any attempt to undermine or cause harm to
a server, or customer, of UnReal Web Marketingis strictly prohibited.
Unauthorized use of other people's accounts
or computers UnReal Web Marketingwill strongly
react to any use or attempted use of an
Internet account or computer without the
owner's authorization. Such attempts include
"Internet scamming" (tricking other people
into releasing their passwords), password
robbery, security hole scanning etc.
Any unauthorized use of accounts or computers
by a UnReal Web Marketingcustomer, whether
or not the attacked account or computer
belongs to UnReal Web Marketing, will result
in action against the attacker. Possible
actions include warnings, account suspension
or cancellation, and civil or criminal legal
action, depending on the seriousness of
the attack.
IMPORTANT
NOTE - UnReal Web Marketinghas
the right to discontinue service, or deny
access to anyone who violates our Policies
or the terms and conditions shown below
WITHOUT
WARNING OR PRIOR NOTICE. No refunds
of fees paid will be made if account termination
is due to violation of the terms outlined
below.
Customers may not run IRC, bots or clients
on shared servers. Unacceptable uses also
include, but are NOT limited to: Bulk emailing,
unsolicited emailings, newsgroup spamming,
pornographic content, illegal content, copyright
infringement, trademark infringement, warez,
cracks, software serial numbers, and/or
anything else determined by UnReal Web Marketingto be unacceptable use of UnReal Web Marketing's
services including abuse of server resources.
Shared hosting accounts may be terminated
that include the following content or which
have links to the following content:
- Providing
material that is grossly offensive to
the Web community including blatant expressions
of bigotry, racism, hatred, or profanity
- Promoting
or providing instructional information
about illegal activities, or promoting
physical harm or injury against any group
or individual
- Displaying
material containing obscene nudity or
pornographic material (not applicable
to managed dedicated servers)
- Displaying
material that exploits children under
18 years of age
- Acts
of copyright infringement including offering
pirated computer programs or links to
such programs, information used to circumvent
manufacturer-installed copy-protect devices,
including serial or registration numbers
for software programs, or any type of
cracker utilities
Abuse
of Unlimited Traffic
UnReal Web Marketing's customers are privileged
to be offered unlimited traffic for their
web sites. The intention of UnReal Web Marketingis to provide a large space to serve web documents,
not an off site storage area for electronic
files. All (90%) of your web pages (html)
must be 'linked' with files (.GIF, .JPEG,
etc.) stored on UnReal Web Marketing's server.
Web sites that are found to contain either/or
no html documents, a large number of unlinked
files are subject to warning, suspension or
cancellation at the discretion of UnReal Web Marketingmanagement. Any customer who violates
UnReal Web Marketing's Policies in abusing either
space/site transfer will be notified and given
2 days to remedy the problem. If the problem
is not resolved within the allotted period,
the client will be billed for the overages.
To maintain the integrity of our shared hosting
service the following limitations apply:
Sites with banners, graphics or cgi scripts
running from their domain used on other domains.
Sites with picture galleries (This is any
site where 50% of the files transferred is
graphics) Sites offering download files or
archives. (This is any site where 50% or more
of there monthly traffic is from file downloads).
Sites using more than 30% of system resources
for longer than 60 seconds. Sites running
multimedia files (QuickTime, Real Audio, Real
Video, MP3).
For those that do not qualify for the unlimited
service, traffic will go unmonitored until
you reach 20 GB per month. Thereafter, normal
data transfer cost of $20.00/1GB/month will
be billed to your account. If you want to
pre-pay for bandwidth overages, you will be
billed $10.00/1GB/month.
You will receive a notice on Tuesday morning
detailing your bandwidth usage.
You will have 7 days to pay for your overages.
If you do not pay for your overages your site
will be disabled within 7 days of your first
notice. This does not apply to co-location
clients. Co-location clients will be billed
for the overages based on switch reports.
Co-location clients must pay for the overages
IMMEDIATELY once billing or UnReal Web Marketinghas the sole decision to deactivate any and
all servers.
UnReal Web Marketingwill be the sole arbiter
as to what constitutes a violation of this
provision.
Unsolicited
Email (Spam)
Unsolicited commercial advertisements (spam)
are not allowed in e-mail, and will likely
result in account cancellation.
UnReal Web Marketingtakes a zero-tolerance approach
to spam originating from our servers or for
spam advertising of domains hosted on our
servers.
The following activities are not allowed:
- Unsolicited
bulk or commercial messages ("spam").
This includes, but is not limited to,
bulk mailing of commercial advertising,
informational announcements, charity requests,
petitions for signatures, and political
or religious tracts. Such messages may
only be sent to those who have explicitly
requested it from your domain.
- Forging,
altering or removing electronic mail headers
is prohibited. Any domain sending stealth
spam will be terminated without warning
and without refund.
- Sending
numerous copies of the same or substantially
similar message with the intent to disrupt
a server or account ("mail bombing").
- Spamming
Newsgroups: Commercial advertisements
are unwelcome in most Usenet discussion
groups and on most e-mail mailing lists.
Inappropriate posting may result in account
cancellation. See the newsgroup or mailing
list's charter for whether advertising
is allowed or not. "Spamming," or sending
a message to many different off-topic
newsgroups, is particularly unethical
and will be treated as such.
- Mail
may not be used to harass or intimidate
others. Harassment, whether through language,
frequency of messages, or size of messages,
is prohibited. Sending a single unwelcome
message may be considered harassment.
If a recipient asks to stop receiving
e-mail, you must not send that person
any further messages.
Note: If you use the services of another provider
to promote a web site hosted by or through
UnReal Web Marketing(spamvertising), then the
provisions of the above Policy shall apply
as if the spam were sent through our servers.
99.9%
Uptime Guarantee
(1.) Coverage
This 99.9% uptime guarantee applies to any
UnReal Web Marketingclient in good financial
standing with UnReal Web Marketingat the time
of a service outage.
(2.) Service Level Agreement & Specifications
UnReal Web Marketingendeavors to have the content
of your web site available for http access
by any party in the world 99.9% of the time.
Network downtime (unavailability) is defined
as 100% packet loss from UnReal Web Marketingto its backbone providers. Downtime is measured
past 10 minutes after notification of network
failure via UnReal Web Marketing's online ticketing
system. If the ticketing system itself is
unreachable, the ticket must be started by
calling the UnReal Web MarketingNOC. UnReal Web Marketing's administrators will determine
the end of the downtime by a traceroute to
the customer's machine from outside the UnReal Web Marketingnetwork.
(3.) Credits
a. Shared Hosting - In the event that your
web site is not available for more than 99.9%,
UnReal Web Marketingwill credit the following
month's service fee as follows. For any shared
hosting client, such credit shall be retroactive
and shall be as calculated below and as measured
24 hours a day in a calendar month, with the
maximum credit not to exceed fifty (50) percent
of the monthly service charge for the affected
month.
| Monthly
Uptime |
Credit |
| 95%
to 99.8% |
10% |
| 90%
to 94.9% |
20% |
| 89.9%
or below |
50% |
b. Managed Dedicated Servers - For managed
dedicated server customers if the uptime is
between 98.9% and 99.9% for any particular
month the credit shall be retroactive and
equivalent to the difference between the guaranteed
level of availability of the customer's services
during the month and the calculated actual
level of availability of the customer's services,
multiplied by the actual charges incurred
by the customer for the services during that
month period. In addition, for managed dedicated
server, customers may be entitled to additional
credits as calculated below and as measured
24-hours a day in a calendar month, with the
maximum credit not to exceed twenty-five percent
(25%) of the monthly service charge for the
affected month.
| Minutes
of continuous downtime |
Credit |
| 60 |
10% |
| 5+
60 minute intervals |
25% |
In
order for you to receive a credit on your
account, you must request such credit within
seven (7) days after you experienced the down
time. You must request credit by sending an
electronic mail message to refunds@unrealstudio.com.
For security, the body of this message must
contain your account number, the dates and
times of the unavailability of your website,
and such other customer identification requested
by UnReal Web Marketing. Credits will usually
be applied within sixty (60) days of your
credit request. Credit to your account shall
be your sole and exclusive remedy in the event
of an outage.
(4.) Restrictions
Credits shall not be provided to you in the
event that you have any outage resulting from
(1.) scheduled maintenance as posted from
time to time at UnReal Web Marketing, (2.) your
behavior or the performance or failure of
your equipment, facilities or applications,
or (3.) circumstances beyond UnReal Web Marketing's
reasonable control, including, without limitation,
acts of any governmental body, war, insurrection,
sabotage, embargo, fire, flood, strike or
other labor disturbance, interruption of or
delay in transportation, unavailability of
interruption or delay in telecommunications
or third party services, including DNS propagation,
domain name registration / transfer, failure
of third party software or hardware or inability
to obtain raw materials, supplies, or power
used in or equipment needed for provision
of your web site, or (4.) a client breaking
any item in UnReal Web Marketing's "terms of
conditions and acceptable use policy" causing
a machine to fail as a result.
CGI Scripts
Each shared web hosting account comes with
its own cgi-bin. You are free to use any CGI
scripts you wish, however we reserve the right
to disable any CGI script that effects normal
shared server operation without prior warning.
(this section does not apply to managed dedicated
servers)
Chat Rooms
We do not allow clients to install their own
chat rooms within a shared hosting account,
without approving it with the UnReal Web MarketingSupport Team. Most chat rooms tend to be large
system hogs and we cannot allow it as an account
option. However, we do provide a choice of
Java chat rooms for a small extra charge that
will more than fill your needs and run without
hindering the performance of the machine for
others. Note: Parachat chat rooms do not apply
to this rule. They are perfectly fine to install.
Abuse of SMTP Mail
Server
We do not allow clients to send more than
2000 pieces of e-mail per day from a shared
hosting account. If you do send more than
2000 pieces of e-mail per day, your account
will be placed on hold for Network Abuse.
If you are sending legitimate e-mails and
they total more than 2000 per day your account
will be moved to a special server that is
specifically designed to handle high volumes
of e-mail. You will be charged $50.00/month
in addition to your regular hosting charges
if your account is moved to this server.
Background Running
Programs
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. (this
section does not apply to managed dedicated
servers)
IRC
We currently do not allow IRC or IRC bots
to be operated on our servers. You can however,
install IRC clients on managed dedicated servers.
IRC servers are not permitted on our
network.
Disk Overages
All UnReal Web Marketingaccounts come with metered
disk space. Should you use more than your
alloted disk space you will be charged $.25
per megabyte per month.
Payment Policies
All accounts are set up on a pre-pay basis.
Setup fees are charged for all new accounts
and major account changes and are non-refundable.
All pricing is guaranteed for the term of
pre-payment. UnReal Web Marketingreserves the
right to change prices at any time, unless
other terms have been agreed upon. Any account
not brought current within a week (7 days)
of e-mail notice or exceeding this time frame
in any way is subject to suspension. The customer
is responsible for all money owed on the account
from the time it was established to the time
that the customer notifies UnReal Web Marketingat cancel.unrealstudio.com
to request for termination of services. All
payment is in U.S. currency. UnReal Web Marketingwill bill each client $50.00 per returned
check, per wire transfer received and per
credit card chargeback received. All UnReal Web Marketingaccounts are setup on anniversary
billing cycles. Your particular billing cycle
corresponds to the contract length that was
initially chosen at setup. Your account will
automatically renew at this length. There
is no fee to change to a shorter billing cycle
at the end of the current cycle. However,
if you wish to change to a shorter billing
cycle, during a current cycle, there will
be a $50.00 fee. Please contact the billing
department at billing@unrealstudio.com
should you wish to change your anniversay
billing cycle. Any account that is not brought
current prior to deactivation will be charged
a $25.00 reactivation fee as well as a $15.00
late charge, per domain deactivated. In addition,
if your credit card declines for any reason
UnReal Web Marketingwill charge your account
an additional $1.00 service charge every time
your card is declined.
Cancellation
UnReal Web Marketingreserves the right to cancel
service at any time. All fees paid in advance
of cancellation will be pro-rated and paid
by UnReal Web Marketingif UnReal Web Marketinginstitutes it's right of cancellation. Any
violation of policies which results in extra
costs will be billed to the customer (i.e.
transfer, space etc.)
All of UnReal Web Marketing's web hosting plans
are backed by a 30 day money back guarantee.
If you are not completely satisfied with our
services or support within the first 30 days
of your contract, you will be given a full
refund of the contract amount excluding setup
fees, domain registration fees, add-on/upgrade
fees and overages. Setup fees are refundable
only if the account order is canceled prior
to account activation. For web hosting contracts
of 3 months or less, the full contract amount
less any setup fees and overages will be refunded
if UnReal Web Marketingis notified within the
first 30 days following activation. No refund
is available after the 30th day. For web hosting
contracts longer than 3 months, a refund equal
to one half of the contract amount less any
setup fees and overages will be given if UnReal Web Marketingis notified prior to the first
day of the third month of the contract term.
If you cancel prior to the end of your contract
term and you received special pre-pay rates,
your hosting fees will be adjusted so that
you pay the regular, non-discounted monthly
fees. No refunds for any reason will be given
once the third month of the contract term
has begun. This policy does not apply to any
additional services such as overages, referrer
logs, real audio/video, additional disk space,
additional pop accounts, etc. Due to security
concerns, all account cancellations must be
done via our cancellation forms at cancel.cihost.com.
Phone or email requests will not constitute
acceptance of any cancellation. Refunds will
be made by company check or issued back to
your credit card within 30 days of receipt
of cancellation.
Intellectual Property
Rights
Material accessible to you through UnReal Web Marketing's services may be subject to protection
under the United States or other copyright
laws, or laws protecting trademarks, trade
secrets or proprietary information. Except
when expressly permitted by the owner of such
rights, you must not use UnReal Web Marketingor its servers and network in a manner that
would infringe, violate, dilute or misappropriate
any such rights, with respect to any material,
which you access or receive through the UnReal Web Marketingnetwork. If you use a domain name
in connection with UnReal Web Marketingor similar
service, you must not use that domain name
in violation of any trademark, service mark,
or similar rights of any third party.
Network Security
Customers may not use the UnReal Web Marketingnetwork with an attempt to circumvent user
authentication or security of any host, network,
or account. This includes, but is not limited
to, accessing data not intended for the customer,
logging into a server or account the customer
is not expressly authorized to access, password
cracking, probing the security of other networks
in search of weakness, or violation of any
other organization's security policy. Customers
may not attempt to interfere or deny service
to any user, host, or network. This includes,
but is not limited to, flooding, mail bombing,
or other deliberate attempts to overload or
crash a host or network. UnReal Web Marketingwill 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. Users who
violate system or network security may incur
criminal or civil liability.
Electronic Commerce
You will be solely responsible for the development,
operation and maintenance of your online store
and products and all contents and materials
appearing online or on your products, including
without limitation (a) the accuracy and appropriateness
of content and materials appearing within
the store or related to your products, (b)
ensuring that the content and materials appearing
within the store or related to your products
do not violate or infringe upon the rights
of any third party, and (c) ensuring that
the content and materials appearing within
the store or related to your products are
not libelous or otherwise illegal. You will
be solely responsible for the final calculation
and application of shipping and sales tax.
You will also be solely responsible for accepting,
processing, and filling any customer orders,
and for handling any customer inquiries or
complaints arising therefrom.
You are also responsible for the security
of any customer credit card numbers and related
customer information you may access as a result
of conducting electronic commerce transactions
through your Web Site. You will keep all such
information confidential and will use the
same degree of care and security as you use
with your confidential information.
Static / Dynamic Content
Caching
You expressly (i) grant to UnReal Web Marketinga license to cache the entirety of your Web
Site, including content supplied by third
parties, hosted by UnReal Web Marketingunder
this Agreement and (ii) agree that such caching
is not an infringement of any of your intellectual
property rights or any third party's intellectual
property rights.
IP Address Ownership
UnReal Web Marketingshall maintain and control
ownership of all IP numbers and addresses
that may be assigned to you by UnReal Web Marketingand UnReal Web Marketingreserves, in
its sole discretion, the right to change or
remove any and all such IP numbers and addresses.
Domain Name Registration
Customer agrees to pay UnReal Web Marketingprior
to the effectiveness of the desired domain
name registration, the then-current amounts
set forth in the UnReal Web Marketingprice schedule
for the initial registration of the domain
name and, should Customer choose to renew
the registration, subsequent renewals of the
registration. All fees are non-refundable,
in whole or in part, even if Customer's domain
name registration is suspended, cancelled
or transferred prior to the end of Customer's
then current registration term. UnReal Web Marketingreserves the right to change fees,
surcharges, renewal fees or to institute new
fees at any time, for any reason, at its sole
discretion. Customer's requested domain name
will not be registered unless and until we
receive actual payment of the registration
fee, and have confirmed Customer's registration
in an email from UnReal Web Marketingto the
email address indicated in Customer's registration
application. In the event of a chargeback
by a credit card company (or similar action
by another payment provider allowed by UnReal Web Marketing) in connection with the payments
of the registration fee for Customer's domain
name registration, Customer agrees and acknowledges
that the domain name registration shall be
transferred to UnReal Web Marketingas the paying
entity for that registration to the registry
and that we reserve all rights regarding such
domain name including, without limitation,
the right to make the domain name available
to other parties for purchase. UnReal Web Marketingwill reinstate Customer's domain name
registration solely at UnReal Web Marketing's
discretion, and subject to our receipt of
the initial registration or renewal fee and
our then-current reinstatement fee.
Lawful Purpose
UnReal Web Marketingreserves the right to refuse
service to anyone. Customers may only use
UnReal Web Marketingserver for lawful purpose.
Transmission of any material in violation
of any Federal, State or Local regulation
is prohibited. This includes, but is not limited
to copyrighted material, material legally
judged to be threatening or obscene, and material
protected by trade secrets. The designation
of any materials as such described above is
left entirely to the discretion of UnReal Web Marketingmanagement. Regardless of the place
of signing this agreement, the client agrees
that for purposes of venue this contract was
entered into in Suffolk County, New York,
and any dispute will be litigated or arbitrated
in Suffolk
County, New York.
Defendants further waive all objections to
venue and acknowledge that venue in any such
litigation will be held in Suffolk
County,
courts. IN NO EVENT SHALL UnReal Web Marketing'S
MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00)
DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY,
SAVE AND HOLD UnReal Web MarketingHARMLESS FROM
ANY AND ALL DEMANDS, LIABILITIES, LOSSES,
COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S
FEES ASSERTED AGAINST UnReal Web Marketing, ITS
AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO
YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE
PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED
OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS,
EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS UnReal Web MarketingAGAINST LIABILITIES ARISING OUT OF; (1) ANY
INJURY TO PERSON OR PROPERTY CAUSED BY ANY
PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN
CONNECTION WITH UnReal Web Marketing'S SERVER;
(2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING
OR ALLEGEDLY INFRINGING ON THE PROPRIETARY
RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT
AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER
FROM UnReal Web Marketing'S SERVER.
Disclaimer
UnReal Web MarketingWILL
NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS
MAY SUFFER. UnReal Web MarketingMAKES
NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED
FOR SERVICES WE PROVIDE. UnReal Web MarketingDISCLAIMS 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 UnReal Web MarketingAND ITS EMPLOYEES. UnReal Web MarketingRESERVES
THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL
SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS
OF UnReal Web MarketingMUST ADHERE TO
THE ABOVE POLICIES.
FAILURE
TO FOLLOW ANY TERM OR CONDITION WILL BE
GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
Privacy
Statement
UnReal Web Marketingfollows the strict guidelines
of our customer privacy statement. Please
make sure you understand this statement
fully. Please click
here to read the privacy statement.
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