Termos de Serviço

Indemnification Policy

1. Use of Services at Your Own Risk

You agree to use all Realwebcare services and facilities at your own risk. Realwebcare expressly disclaims all warranties, including but not limited to, warranties of merchantability and fitness for a particular purpose. Realwebcare shall not be liable for any loss, loss of data, or other commercial damages, including special, incidental, consequential, or other damages.

2. Customer's Indemnification Obligations

You agree to defend, indemnify, and hold Realwebcare harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney's fees, asserted against Realwebcare, its agents, customers, officers, or employees. This indemnification applies to any claims arising from services provided, performed, or agreed to be performed, or any product sold by you, your agents, employees, or assigns.

3. Liability for Products and Services

You further agree to defend, indemnify, and hold Realwebcare harmless against any liabilities arising out of:

• Any injury to a person or property caused by products sold or distributed in connection with Realwebcare's servers.
• Any material supplied by you that infringes or allegedly infringes on the proprietary rights of a third party.
• Copyright infringement or any defective products sold to you through Realwebcare's servers.

4. Realwebcare's Right to Intervene

Realwebcare reserves the right to intervene with any site hosted on its servers in the interest of its customers. Realwebcare shall be the sole judge of what constitutes a violation of this policy.

Billing

1. Billing Cycles

We offer monthly, quarterly, semi-annual, and annual billing cycles, depending on the plan you select. Please note that domain name registration fees are non-refundable.

2. Refund Policy

If you are not satisfied with our services within the first 30 days of your subscription, we will provide you with a full refund (excluding domain name registration fees). For special offers, the money-back guarantee period may vary.

We will process your refund as soon as we're able to. Before a refund will be granted, you must allow us to try and help solve any problem you have by opening a support ticket. Refunds may only be issued within 30 days of the purchase date. After 30 days, no refunds can be processed.

Refunds will not be granted if you simply decide not to use the purchased products. Additionally, refunds do not apply to product bundles.

3. Accepted Payment Methods

We accept the following payment methods: Visa, MasterCard, American Express, and Discover Card. Credit card payments are encouraged as they are the most convenient way to handle transactions. For web hosting plans, your account will be set up immediately upon sign-up, even if payment is not made at that time.

4. Contract Renewal

There are no fixed contract periods. However, your subscription will automatically renew for successive periods unless you notify us to cancel or modify your plan.

Late Payments

1. Billing and Deactivation

All accounts are billed based on the date they were first activated. If payment is not received within 5 days after the due date, your account will be suspended. If payment is not received within 30 days after the due date, your account will be terminated.

2. Payment Reminders

You will receive an email reminder 5 days before your account is deactivated due to non-payment.

Acceptable Use Policy

1. Lawful Use Only

All services provided by Realwebcare may be used for lawful purposes only. The transmission, storage, or presentation of any information, data, or material that violates any United States Federal, State, or City law is strictly prohibited. This includes, but is not limited to, copyrighted material, material deemed threatening or obscene, and material protected by trade secrets or other statutes.

2. Prohibited Content

Realwebcare strictly prohibits the following types of content on its servers:

• Pornography and Nudity: Absolutely no pornography, sexually suggestive content, or nudity is allowed. This includes, but is not limited to, images or videos of individuals in lingerie, bikinis, or any form of revealing attire. Even partial nudity or suggestive material is strictly forbidden.
• Illegal Activities: Content related to illegal activities, including but not limited to unauthorized distribution or copying of copyrighted software, harassment, fraud, or trafficking in obscene material, is prohibited.
• Undesirable Content: Content related to hacking, cracking, warez, or IRC is not allowed. Additionally, software, audio, and video downloads may only be hosted if you are the copyright owner or have explicit rights to distribute the materials.

3. Indemnification

By using our services, you agree to indemnify and hold harmless Realwebcare and its employees from any claims resulting from your use of the service that causes damage to you or any other party. Our Acceptable Use Policy is strictly enforced, and offending content or users will be suspended from our network as soon as they are discovered. You will be informed of any actions taken and the reasons for such actions.

4. Service Interruptions and Liability

You acknowledge that our services may be interrupted for reasons beyond our control, and damages resulting from such interruptions are difficult to quantify. Therefore, Realwebcare shall not be liable for any damages arising from causes beyond our direct and exclusive control.

In the event of negligence by Realwebcare, our liability shall not exceed an amount equivalent to the charges payable by you for services during the period in which the damages occurred. Under no circumstances shall Realwebcare be liable for any special or consequential damages, loss, or injury.

5. Suspension and Non-Refund Policy

Accounts suspended due to violations of this Acceptable Use Policy or hosting prohibited content will not be eligible for a refund under any circumstances.

Banned Scripts

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for bannding them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

• IRC egg drops
• Proxy servers
• Mail bombers
• Anonymous mailers
• IP spoofers
• Port scanners
• Hivemail
• Telnet or SSH Access Scripts
• nph-proxy (and other scripts what operates like proxy)
• UBB (Ultimate Bulletin Board, all versions)
• lstmrge.cgi
• phpShell
• FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.

LIMITATION OF LIABILITY

Realwebcare shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Realwebcare servers going off-line or being unavailable for any reason whatsoever. Furthermore, Realwebcare 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 Realwebcare servers. All damages shall be limited to the immediate termination of service.

LICENSES

All of our items (themes, code, graphics, 3D and flash) are covered by our Standard Licenses. If your end product including the item is going to be free to the end user then a Regular License is what you need.

Note to freelancers and creative agencies:

You may charge your client for your services to create an end product, even under the Regular License. But you can't use one of our Standard Licenses on multiple clients or jobs.

DISCLAIMER

Realwebcare cannot be held liable for 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. Certain services provided by Realwebcare are resold. Thus, certain equipment, routing, software, and programming used by Realwebcare are not directly owned or written by Realwebcare. Moreover, Realwebcare holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be 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 Realwebcare sees fit. FURTHERMORE, Realwebcare retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.