Our hosting And Server packages come with a Rock Solid Commitment:
- Guaranteed Stability
- 99.5% Network Uptime
- Complete Customer Support
- Top of the line Equipment
- Fast Connections to Major Backbones.
- No Refunds! no exceptions
You represent, undertake and warrant to us that:
You are at least 18 years of age and if the User is a company, you warrant
that the Services will not be used by anyone under the age of 18 years,
except for gaming servers or with parental consent.
You will use the Web space allocated to you only for lawful purposes.
You will neither use the Server in any manner which infringes any law
or regulation or which infringes the rights of any third party, nor will
you authorize or permit any other person to do so.
You shall not post, link to or transmit:
(a) Any material, which is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable
in any way.
(b) Any material containing a virus or other hostile computer program.
(c) Any material which constitutes, or encourages the commission of,
a criminal offence or which infringes any patent, trade mark, design right,
copyright or any other intellectual property right or similar rights of
any person which may subsist under the laws of any jurisdiction.
You shall keep secure any identification, password and other confidential
information relating to your account and shall notify us immediately of
any known or suspected unauthorized use of your account or breach of security,
including loss, theft or unauthorized disclosure of your password or other
security information.
You shall observe the procedures, which we may from time to time prescribe
You shall make no use of the Server in a manner detrimental to our other
customers.
Mails sent by you are in accordance with applicable legislation, including
data protection legislation and any international legislations.
Terms of User Agreement
You agree to the following terms of agreement:
Acceptable Use
serverrealm services may only be used for lawful purposes. Transmission
of any material in violation of International, Federal or State regulation
is prohibited. This includes but is not limited to: material legally judged
to be threatening or obscene, or material protected by trade secret laws.
If you are found in violation of the serverrealm Terms of Use. Your account
will be terminated without notice and you will forfeit all of the moneys
that have been paid to dHex.
Examples of content that is not acceptable on Serverrealm Servers:
"Pirated software" or "Warez", "Hacker
programs and/or archives", "IRC Bots", "Gambling
Related","Copyrighted Mp3's".
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking,
password cracking. IP spoofing, etc., and encrypting of any of the above.
Also includes any sites which provide "links to" or "how
to" information about such material.
Adult Sites
WE DO NOT HOST ADULT SITES.
Adult Content or links to Adult Content are not permitted on the Servers.
Spam
Spam in any shape or form is NOT permitted and is grounds for immediate
account termination.
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on our servers in
any of its many forms including, but not limited to: bots and IRC servers.
Chat rooms may be allowed on per use basis, so please ask one of our support
staff before setting one up. (Some cgi/perl based chat rooms over utilize
the server processor.)
You specifically agree to indemnify and hold serverrealm harmless from
any claims resulting from a breach of these terms, and/or use of the service,
which damages another.
Web Site Hosting And Email
We make no representation and give no warranty as to the accuracy or
quality of information received by any person via the Server and we shall
have no liability for any loss or damage to any data stored on the Server.
You shall effect and maintain adequate insurance cover in respect of
any loss or damage to data stored on the Server.
Any access to other networks connected to ServerRealm must comply
with the rules appropriate for those other networks.
While we will use every reasonable endeavor 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.
Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to enable
you lawfully to make use of all and any intellectual property rights through
the Services, including without limitation, clearance and/or consents
in respect of your proposed domain name.
Service Availability
We shall use our reasonable endeavors to make available to you at all
times the Server and the Services but we shall not, in any event, be liable
for interruptions of Service or down-time of the Server.
We shall have the right to suspend the Services at any time and for any
reason, generally without notice, but if such suspension lasts or is to
last for more than 30 days you will be notified of the reason.
The Services provided to you hereunder and your account with us cannot
be transferred or used by anyone other than you. No more than one login
session under any one account may be used at any time by you. If you have
multiple accounts, you are limited to one login session per system account
at any time; user programs may be run only during login sessions. If your
account is found to have been transferred to another party, or shows other
activity in breach of this sub clause, we shall have the right to cancel
the account and terminate the Services and/or this Agreement immediately.
Termination
Without in any way limiting our (serverrealm) rights:
If you fail to pay any sums due to us as they fall due, we may suspend
the Services and/or terminate this Agreement forthwith without notice
to you. Any unpaid services are due and payable immediately.
If you break any of these terms and conditions, we may terminate this
Agreement.
If you abuse our service, employees or equipment in any way.
If you are a company and you go into insolvent liquidation or suffer
the appointment of an administrator or administrative receiver or enter
into a voluntary arrangement with your creditors, we shall be entitled
to terminate this Agreement forthwith without notice to you.
On termination of this Agreement or suspension of the Services we will
be entitled immediately to block your Web Site and to remove all data
located on it. We will be entitled to delete all such data but we may,
at our discretion, hold such data for such period as we may decide to
allow you to collect it at your expense, subject to payment in full of
any amounts withstanding and payable to us. We shall further be entitled
to post such notice in respect of the non-availability of your Web Site
as we think fit.
We reserve the rights to terminate or refuse service to anyone.
Termination Procedure
Email support@serverrealm from the email you had sign up, including information on your server in the cancellation request. Once we had verified your request, we will proceed to cancel your server. All amounts paid will be not refunded either in full or pro-rated. You will need to provide 30 days notice.
Any other forms of termination not following the above process may result in repeated billings till you done so.
Indemnification
A user's failure to comply with those laws will violate Serverrealm
terms of agreement. By using our services, you indemnify serverrealm
for any
violation
committed by you of the service agreement, law, or other serverrealm
policy,
that results in loss to service or the bringing of any claim against
Serverrealm by any third-party. This means that if serverrealm is sued
because of
a user's or customer of a user's activity, the user will pay any damages
awarded against serverrealm , plus costs and reasonable attorneys' fees.
Limitation Of Liability
All conditions, terms, representations and warranties relating to the
Services supplied under this Agreement, whether imposed by statute or
operation of law or otherwise, that are not expressly stated in these
terms and conditions including, without limitation, the implied warranty
of satisfactory quality and fitness for a particular purpose are hereby
excluded, .
Nothing in these terms and conditions shall exclude our liability death
or personal injury resulting from our negligence.
Our total aggregate liability to you for any claim in contract, tort,
negligence or otherwise arising out of or in connection with the provision
of the Services shall be limited to the charges paid by you in respect
of the Services, which are the subject of any such claim.
In any event no claim shall be brought unless you have notified us of
the claim within one year of it arising.
In no event shall we be liable to you for any loss of business, contracts,
profits or anticipated savings or for any other indirect or consequential
or economic loss whatsoever.
Notices
Any notice to be given by either party to the other may be sent by either
email, fax or recorded delivery to the address of the other party as appearing
in the ancillary digital application forms or such other address as such
party may from time to time have communicated to the other in writing,
and if sent by email shall unless the contrary is proved be deemed to
be received on the day it was sent or if sent by fax shall be deemed to
be served on receipt of an error free transmission report, or if sent
by recorded delivery shall be deemed to be served two days following the
date of posting.
Payment
All payments must be in US Dollars. If your check is returned
by the bank as unpaid for any reason, you will be liable for a
"returned check" charge of UDS $25.00. Our terms state
that we do not provide Refunds on Gaming Servers, we provide payment
services through Paypal for you convenience, anyone submitting
false statements or attempting refunds through paypal will lose
their service and any money(s) paid to ServerRealm, We provide
every effort provide a service to our customers, we urge you to
test our services and servers before you purchase anything. NO
REFUNDS !!
All charges payable by you for the Services shall be in accordance with
the scale of charges and rates published from time to time by us on our
web site and shall be due and payable in advance of our service provision.
Without prejudice to our other rights and remedies under this Agreement,
if any sum payable is not paid on or before the due date, we shall be
entitled forthwith to suspend the provision of Services to you.
Your Billing is based on the date that you joined us. If you have a YEARLY
plan with us you will be charged same price every year on the anniversary
of you enrollment until you decide to cancel the account.
Headings
Headings are included in this Agreement for convenience only and shall
not affect the construction or interpretation of this Agreement.
Entire Agreement
These terms together with any documents expressly referred to in them,
contain the entire Agreement between us relating to the subject matter
covered and supersede any previous Agreements, arrangements, undertakings
or proposals, written or oral: between us in relation to such matters.
No oral explanation or oral information given by any party shall alter
the interpretation of these terms and conditions. In agreeing to these
terms and conditions, you have not relied on any representation other
than those expressly stated in these terms and conditions and you agree
that you shall have no remedy in respect of any misrepresentation, which
has not been made expressly in this Agreement.
Billing
serverrealm uses PaySystems, StormPay, Ikono and Paypal Services.
Your credit card statement can and normally will reflect these
services names. Monthly Fees are billed every 30 days and 6 month
or yearly billing is done respectively. No refunds on any services
unless justifiable and in writing from management.
We also accept Checks and Money Orders via Snail Mail, but no
service shall be perfomed until payment is received and money
has cleared our bank. We reserve the right to allow 24-72 hours
setup on our servers to allow time for money to exchange and also
for our Technicians to properly setup your service. Every effort
will be made to provide your service as quickly as possible.