As a Real Effects customer you are responsible for reading and accepting our official policies regarding usage of our services.
BY USING REIG SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. You warrant that you posses the legal right and ability to enter into this Agreement.
REAL EFFECTS INTERNET GROUP - (REIG) is an Internet Service Provider and host of personal and business World Wide Web pages. The goal of REIG is to provide you with the best service possible for an enjoyable Internet experience. These Terms and Conditions are designed to keep REIG and the Internet enjoyable and useful for all of our subscribers. REIG is committed to and supports the free flow of information and ideas over the Internet. REIG does not actively monitor nor does REIG exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over REIG services. However, REIG reserves the right to remove any materials REIG does become aware of that are, in REIG's sole discretion, potentially illegal, could subject REIG to liability, or violate this policy. The use of REIG services is subject to the following terms and conditions.
Terms of Contract
Payment of Services
All charges for Services must be paid in advance according to the then current price applicable to the Services. Upon registration for Services,
Client must choose to pay for the Services either by credit card or upon Client's receipt of an invoice. If Client chooses to pay by credit card upon registering for Shared Hosting Services, Client thereby authorizes REIG to charge Client's credit or debit card to pay for any charges that may apply to Client's account. All payments are due by the first of the month or by the due-date specified on invoice. First payment will include prorated amount for the remaining of the month in which the service was set up. Prices are subject to change in the future, but are guaranteed through paid billing period.
Usage of REIG resources that exceeds resources allocated for purchased Services will be charged to the Client's account (e.g. extra traffic charges, additional server space, additional e-mail accounts) and billed immediately.
All setup fees, bandwidth or traffic overage fees, disk space overage fees are non-refundable.
Invoices will be provided by REIG at three-month, six-month, or one-year intervals for hosting and maintenance services. Invoices are due upon receipt. Accounts that remain unpaid five (5) business days after the due-date on the invoice will be assessed a service charge in the amount of 10 percent (10%) of the total amount due or the maximum allowable under applicable law.
Checks returned for insufficient funds will be assessed a return charge of $35 and the Client's account will immediately be in default until full payment and penalties are received by REIG.
Additional fee of $50 will be assessed for reactivation of account that was suspended.
If a client owes more than one account, any pre-payment made toward other accounts will be used to cover the outstanding debt of the current accounts. Additionally, on the next due date, each account will be adjusted accordingly.
Accounts unpaid five (5) business days after the due date will be considered in default. If the Client is in default, REIG may, at its discretion, remove any information or files from Client's web space. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Client with accounts in default agrees to pay REIG reasonable expenses, including attorney fees and costs for collection by third-party agencies, incurred by REIG in enforcing these Terms and Conditions.
Use of Services
REIG will exercise no control whatsoever over the content of the information passing through the network or on the Client's web sites. REIG makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. REIG also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions or gaps by any cause or errors or omissions of the Client. REIG is not responsible for any loss, erasure, or corruption of Client's data or files whatsoever. Use of any information obtained by way of REIG is at the Client's own risk, and REIG specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of connection to REIG and does not represent guarantees of available end to end bandwidth. REIG expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. REIG specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "Server-ready", which is in form requiring no additional manipulation by REIG, REIG may, at its option and at any time, reject this material, including but not limited to after it has been put on REIG's Server. REIG agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of REIG. If the Client fails to modify the material, as directed by REIG, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be terminated. It is not REIG's responsibility to maintain a website or provide knowledge or customer support outside of the Services agreed by the Client and REIG.
Client agrees that use of the Services will not exceed the bandwidth, storage, and e-mail usage limits set out in the Order Form. If Client uses additional resources REIG may at its sole discretion, assess Client with additional charges, suspend the performance of the Service, or terminate this Agreement. In the event that REIG elects to take any corrective action, Client will not be entitled to a refund of any unused pre-paid fees.
This Agreement may be terminated by either party, without cause. In such event, the canceling party will be required to pay to other party an
amount equal to the unused and prorated portion of service excluding any hosting or setup charges. Notwithstanding the above, REIG may terminate
the service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. It is the clients
responsibility to point his/her domain to another service provider upon termination, cancellation or discontinuation of service.
REIG will not be liable to Client because of such termination for compensation, reimbursement, or damages on account for the
loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in
connection with Client's business, or for any other reason whatsoever arising from such termination.
If it becomes necessary to terminate your account due to non-payment, be advised that full termination will immediately erase all your
site files from our server. These files will be gone and unretrievable. We do not issue refunds for cancelations or termination.
REIG offers a 30-Day money back guarantee for its hosting services. This guarantee excludes any setup fees or installation charges applied to REIG's services and any bandwidth and disk overage charges. REIG will not issue refunds or credits past the 30-Day money back guarantee with no exceptions. Refunds will not be issued if cancellation request is not received by the 30th day from the day service was set up.
Should any charges remain outstanding for more than 90 days, we will turn outstanding charges to collections agencies. Should this occur, you will be charged with the applicable collection fee from the Collection Agency.
Cancellations must be faxed or e-mailed to REIG. Request must include account name and password, cancellation request, and signature of account owner.
When a cancellation request is made, REIG will immediately remove all configuration information as well as all contents of the account. This may include unread email, files, database and DSNs, and any other contents.
Limitation and Exclusions of Liability
Client expressly agrees that use of REIG's Server is at Client's sole risk. Neither REIG, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that REIG's Server service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through the REIG Server service, unless otherwise expressly stated in this Agreement.
Under no circumstances, including negligence, shall REIG, its offices, agents or any one else involved in creating, or distributing REIG's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the REIG Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to REIG's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on REIG's Server service.
Some states do not allow limitation or exclusion of liability for incidental or consequential damages so limitation may not apply to Client. In any event, the liability of REIG for any reason and upon any cause of action shall be limited to the amount actually paid to REIG by you under this agreement up to three (3) months immediately preceding the date on which such claim occurred. This limitation applies to all causes of action in the aggregate including, without limitation, breach or contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts.
Client agrees that it shall defend, indemnify, save and hold REIG harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against REIG, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless REIG against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with REIG's Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on REIG Server.
Customer acknowledges that by reason of their relationship, both customer and REIG may have access to certain products, information and materials relating to the other party's business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both REIG and customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be.
Customer and REIG further agree that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or REIG.
All orders are subject to acceptance by REIG. An order will be deemed accepted by REIG when confirmation of the order is sent to Customer. REIG may refuse to accept any order, or delay acceptance awaiting completion of conditions REIG may choose to exercise.
Choice of Law and Forum
This agreement will be governed by the laws of the United States and the State of Florida, without reference to rules governing choice of laws. Any action relating to this agreement must be brought in the federal or state courts located in Broward County, Florida, and Client irrevocably consents to the jurisdiction of such courts.
REIG may amend this agreement on an as needed basis by placing an update of this posting, and Client's continued use of REIG services following each updated posting shall be deemed to be your acceptance of any such modification. Furthermore, it is Client's responsibility to monitor the "Terms and Conditions" page of The Service Provider regularly to determine whether the terms and conditions have been modified. If changes to terms and conditions or pricing have been made, these changes will take effect on the date of Client's contract renewal. If Client does not agree with the Terms and Conditions stated here or any modifications or changes to this Agreement, Client must immediately stop using REIG Services.