Terms and Conditions Agreement
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1. General These Terms and Conditions ("Agreement") governs the use of the services ("Service") that are made available by Real Nice Sites ("Real Nice Sites", “RNS”, "we" or "us"). These Terms and Conditions represent the whole agreement and understanding between Real Nice Sites and the individual or entity who subscribes to our service ("Subscriber" or "you"). PLEASE READ THIS AGREEMENT CAREFULLY. By your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Real Nice Sites may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Real Nice Sites believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party. Real Nice Sites may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL):
. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement. Contact Us: Real Nice Sites PO Box 514 Wylie, Texas 75098 214.767.9480 888.702.5946 2. Services Real Nice Sites offers Subscribers domain name registration, website hosting, and email hosting services for the duration of the service term purchased from Real Nice Sites. Services are provided on the basis of facility and equipment availability. Real Nice Sites reserves the right not to provide one or more Services where necessary facilities or equipment are not available, or for any other reason. Access to the web and email servers is terminated upon expiry of the Service. 3. Web Hosting All Real Nice Sites web hosting accounts will display a ‘Customized Coming Soon’ web page after the Service is purchased and the deposit has been paid. This page informs visitors that the Subscriber has recently setup their account with Real Nice Sites. Any optional features for your hosting plan will be billed according to the term that you have requested. All Real Nice Sites web hosting services, including service trials and promotional hosting offers, and their billing terms may be prorated and adjusted to expire on the last day of a month. Real Nice Sites is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers. Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the regular renewal rate. In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate, on the 16th of the expiry month. Payment for hosting is due on the first of the month. 4. Email Real Nice Sites's email service provides customers with the capability to send and receive email via the Internet. Real Nice Sites retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Subscribers and to protect our computer systems. As an owner and operator of the equipment and other resources utilized to provide services, Real Nice Sites has the legal right to block electronic communications from other entities on the Internet. Real Nice Sites relies on the support of its sponsors and advertisers to help offset the cost of the Services offered to its Subscribers. You acknowledge that as part of your Real Nice Sites Service, advertisement sponsored email newsletters may be sent to Subscribers and Real Nice Sites email service email accounts. 5. Definition of Unlimited Usage What "Unlimited" means: Real Nice Sites does not set an arbitrary limit on the amount of resources an account can use. What "Unlimited" DOES NOT mean: The accounts are not intended to support the greater web hosting needs of large enterprises or to be used as an online storage warehouse to store backups, archiving of electronic files or emails, documents, log files, etc. or to be used as a media file streaming/sharing hub. Reselling any of the Service's resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended, with or without notice. Real Nice Sites's "Unlimited" services are provisioned in a shared hosting environment. Any account found to be adversely affecting the performance of other Subscriber accounts by excessively using network bandwidth, server storage, memory or CPU resources, will be flagged by Real Nice Sites administrators and anti-abuse controls. These Subscribers will then be asked to consider Virtual Private Server (VPS) or Dedicated Server services. Serious offenses will result in the account service suspension or termination, with or without notice. 6. Domain Name Registration Real Nice Sites offers domain name registration and renewal services. Real Nice Sites processes registration and renewal services through its respective registrars at its discretion. You acknowledge and agree that you may not transfer the domain name registration to another domain. Real Nice Sites is authorized to deny any such transfer requests. You acknowledge and agree that Real Nice Sites may, but is not obligated to, place your domain name in a Domain Lock status to prevent unauthorized transfers of your domain name. Domain names which have opted in to the Automatic Domain Renewal service, and any optional features associated with them, will be automatically renewed for the minimum term available for that domain type at the regular renewal rate 6 days prior to expiry. You will be solely responsible for all renewal costs and for any other costs in doing so. Subscribers may choose to opt in or out of the Automatic Domain Renewal service. Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All domain names registrations will renew at the regular renewal rate. In additional to this Agreement, new domain registration accounts are also subject to the Domain Registration Agreements of the respective governing registries. 7. Service Fees / Payments / Invoices All Real Nice Sites fees and charges are quoted and billed in US Dollars unless otherwise noted. Real Nice Sites uses a payment processing system in addition to accepting all other tenders including cash, personal checks, money orders and all major credit cards. All Subscribers are required to provide Real Nice Sites with valid payment information for the processing of any applicable service fees. Real Nice Sites may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law. Service fees are due at the time of order or on the day of renewal. All fees must be paid in full. Billing inquiries and disputes should be brought to Real Nice Sites's attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate. If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, Real Nice Sites reserves the right to put your domain name into "Registrar Hold" status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved. Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee (see below). Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order. Real Nice Sites reserves the right to modify service fees and rates, effective upon posting on the Real Nice Sites website or on this Agreement. Current service charges include the following (non-exclusive list): Account Reactivation Fee US$25.00 Chargeback Service Charge US$45.00 Reactivation Fee (TOS Violation) US$45.00 Refund Processing Fee US$25.00 8. Termination / Plan Change / Refund Policy Real Nice Sites may terminate your Service under the following circumstances (non-exclusive list): • Non-payment of fees • You are in breach of any term or condition of this Agreement • Your use of the Service disrupts Real Nice Sites business operations or affects any other party All Subscriber data is removed from Real Nice Sites servers for such terminations. You may request account termination or hosting plan changes at any time by contacting our Customer Service team either through phone or email. Our contact information can be found on the Support page of our website:
Email newsletters will only be sent directly by Real Nice Sites. Subscriber information will not be disclosed or sold to any third parties. 16. Reservation of Rights Real Nice Sites reserves the right and sole discretion to: • Censor any website hosted on its servers that is deemed inappropriate. • Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels. • Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information. • Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against Real Nice Sites or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. • Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that Real Nice Sites determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement. • Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves. You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities. 17. Limitation of Liability The Service is provided on an "as is" and "as available" basis and the use of the Service is at your own risk. Real Nice Sites makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. Real Nice Sites is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Real Nice Sites. In no event will Real Nice Sites be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you. Real Nice Sites, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website. In no event shall Real Nice Sites be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct. 18. Indemnification You agree to indemnify and hold Real Nice Sites harmless from and against, and to reimburse Real Nice Sites with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by Real Nice Sites by reason of or arising out of or in connection with: • Any breach of this Agreement by you. • Any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website. • Illegal, pornographic, or discriminatory content on your website. 19. Force Majeure Real Nice Sites will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning. 20. Unenforceable Provisions If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way. 21. Governing Law The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with federal, state and local laws. You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets. 22. Age of Majority Real Nice Sites does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf. 23. Waiver No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby. 24. Entire Agreement This Agreement, as may be updated from time to time and posted at
, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.
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