Posted by Amir E. on 29 April 2022 09:33 AM
The Universal Terms mentioned in this Hosting Service Agreement set general terms and conditions of your use of Realtyna’s Hosting Services.
DESCRIPTION OF SERVICES
Web Hosting: Realtyna’s Web Hosting plans your real estate website within one or more servers. Your website gets a unique DNS address, albeit the resources are shared between customers on the same servers.
Dedicated Server: Dedicated Server plans give you exclusive server access for your account and usage. You will have exclusive access to bandwidth, memory, and storage space. This means your server’s performance will not be affected by other customers’ traffic and usage patterns.
Outsource Server Management Service: We will handle core patching, security, monitoring, and backups for plans that provide you with the option to enable root/administrative access. The subscription includes additional Expert Services.
Hosting Backup: The Hosting Services plans also offer a backup and restore option:- with Hosting backup, all your website files are saved to the cloud once per day. We will cancel the backup and restore services once you cancel the Hosting Services subscription.
ACCOUNT TERMINATION; LIMITATIONS
Migration of Servers: You acknowledge and agree that we may need to migrate our servers. Consequently, your dedicated IP might change. So, we will assign a different IP to you. We do not warrant you to maintain your given IP numbers consistently.
Termination of Hosting Services: Upon expiration or termination of your Hosting Services, you must discontinue use of the Hosting Services and cease to use the IP addresses/server names assigned to you while using Hosting Services. You must point the domain name system (“DNS”) for your domain name(s) away from our servers. You are also responsible for moving your website or server content off our servers prior to termination. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, we will delete all such content from our system.
Free Products Credits: Upon termination of the Hosting Services, all free products provided as part of the Hosting Services will be canceled or revoked.
Notice Regarding Licensed Images on Migration or Exportation (where available): Subject to all other applicable licenses terms and conditions, images available and licensed for use are intended for Realtyna hosted customers only and are subject to the terms and conditions of third-party intellectual property rights and licensing restrictions. To that extent, if you wish to export or migrate your hosted product or service to another service provider (if available as an option), it is solely your responsibility to ensure your continued right to use any images incorporated therein. You acknowledge and agree that Realtyna shall have no responsibility for any claims resulting from your continued use of said images after migration and/or termination (whichever occurs first).
Storage Capacity: The total amount of usable storage capacity for your designated Hosting Service(s) may differ from the represented capacity, space is required for the operating system(s), system file(s), and other supporting files (s).
YOUR OBLIGATIONS; REPRESENTATIONS, AND WARRANTIES
Justification: You agree that Realtyna shall have the right to seek justification in connection with your use of the Hosting Services. Specifically, your purchase of IP addresses should provide all necessary information and assistance related to service performance that allows us to meet the performance standards as outlined in this document. In connection with such purchases, you acknowledge and agree that we may disclose your name and justification to certain registries including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois database.
Abusive Activities and Other Threats: You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of Realtyna’s network or will damage the systems of, or cause a disruption of internet services to, Realtyna, our customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited, and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree and acknowledge that we reserve the right to temporarily or permanently remove your website from our servers if you violate this Service Agreement and/or act in a way that threatens the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website violates this.
Service Agreement: You further acknowledge and agree that Realtyna reserves the right to scan your hosted account for malicious content/ malware and that, in the event that any such content is discovered, it may be removed at Realtyna's discretion for security purposes.
Under development websites that don't have associated payment or production domain connections, will be closed to search engine bots for security and safety reasons.
Storage and Security. You acknowledge that you are solely responsible for undertaking measures to (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality, and integrity of all your website or server content transmitted through or stored on our servers.
Our servers are not an archive, and we shall have no liability to you or any other person for the loss, damage, or destruction of any of your content.
You shall not use the Service in any way that shall impair the functioning or operation of our services or equipment. Specifically, by way of example and not as a limitation, you shall not use the Hosting Services as (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.
Website/Server Content: You shall be solely responsible for providing, updating, uploading, and maintaining your website or server and any or all files, pages, data, works, information, and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software, and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on your behalf in connection with the Hosting Services.
If access to a third-party hosting website is required in the provision of any Service, you represent and warrant that you are authorized to provide us with access to the third-party hosting account for the purposes of this Service Agreement. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.
If you request that we install any Third Party Software (defined below) not provided as part of the Hosting Services, you represent and warrant that (1) you have the right to use and install the Third Party Software, (2) you have paid the applicable licensing fees for the Third Party Software, and (3) the Third-Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.
PROVISIONS SPECIFIC TO WEB HOSTING ( Agent, Startup, Advanced, Brokerage plans)
Storage and Plan Limits: All Web Hosting plans are subject to a limit of defined disk space quota.
Website/Server Content: Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to Rapidshare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) BitTorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.
PROVISIONS SPECIFIC TO VPS AND DEDICATED HOSTING ( Enterprise and Ultimate plans)
Server Access: If you purchase MS SQL or Managed Backups, you hereby authorize us to log into your server for purposes of installing and configuring the MS SQL or Managed Backups.
IP Addresses: You acknowledge and agree that you are required to begin using at least ninety percent (90%) of your purchased IP addresses within thirty (30) days of assignment of such IP addresses to you. In the event that you do not begin using at least ninety percent (90%) of your assigned IP addresses within thirty (30) days of assignment, you acknowledge and agree that we shall have the right to reclaim any unused IP addresses.
Configuration Add-Ons: We offer multiple configuration options (“Configuration Add-Ons”) for an extra fee. The specific Configuration Add-Ons available depend on which hosting package you purchase but may include a control panel, database, external firewall, or RAID. You acknowledge and agree that installing a Configuration Add-On will use some of your available storage, may require additional provisioning time, will require us to install Third-Party Software (defined below), third party hardware, or internally developed custom software to your server, and, in some cases, may limit the versions of Third Party Software available for use with your server. We will support third Party Software, third-party hardware, and internally developed customer software. If you wish to cancel RAID, you will be required to cancel your server and purchase a new one.
cPanel: In the event, you add cPanel to your server, you agree to be bound by the cPanel EULA, which is hereby incorporated by reference.
cPanel Fair Usage Policy: This policy is a guide to understanding the intended uses of our Services and preventing exploitation and abuse of the unlimited features offered in our plans. VPS and dedicated hosting with cPanel offers an unlimited number of accounts. Although we do not wish to set a specific limit, as a guideline, a threshold of 100 accounts will be considered normal, reasonable use. We evaluate your usage in comparison with typical levels of usage engaged in by other users. In the event that you exceed this threshold, Realtyna may, in its sole and absolute discretion, assess additional usage charges for accounts in excess of the threshold or restrict additional accounts from being created. Where possible, Realtyna will provide notice of your usage in excess of the normal use.
PROVISIONS SPECIFIC TO MANAGED SSL
If you purchased Managed SSL and are using an SSL certificate on a website hosted by us, we will generate and securely store a corresponding private key. For security reasons, at no time will we release your private key, even per your request.
We will automatically validate, issue and install the new certificate every two years after subscribing to our hosting products. Customers using 3rd party hosting products will be required to reinstall the new certificate after we automatically validate and issue a new certificate. We will alert customers when to take action via the product dashboard and email.
SERVICE UPTIME GUARANTEE
We offer a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only to purchase other products and services from us, and is exclusive to any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding, or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your websites such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
Definition and Scope As part of the Hosting Services, you may be allowed to use certain software, widgets, or other applications (“Software”) developed, owned, or licensed by a third-party. Your use of this Software may be subject to additional terms. If the Software is accompanied by or requires a license agreement from the third-party provider, your use of the Software is subject to that license agreement, in addition to this Service Agreement.
Terms and Conditions Applicable to all Software and Operating Software: You may use the Software and Operating Software solely as part of the Services. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Software. Additionally, you may not sell, modify, re-use reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to extract the source code from the Software.
Realtyna may provide your personal information to third-party providers as required to provide the third-party Software. Realtyna reserves the right to modify, change, or discontinue the provision of the Software at any time.
Realtyna makes no representations or warranties about any third-party Software offered with the Hosting Services and expressly disclaims any liability.
You will indemnify, defend, and absolve Realtyna from and against any and all claims imposed upon or incurred by Realtyna directly or indirectly arising from your use or misuse of the third-party Software. The providers of the third-party Software are third-party beneficiaries of this Services Agreement for purposes of enforcing their rights under this Services Agreement.
The Hosting Services are operated in Linux® environments.
We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use Third-Party Software solely as part of the Hosting Services. You may not use the Third-Party Software outside of the Hosting Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered with the Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).
Additional Terms and Conditions Applicable to images and Software: The third-party providers listed in this section make no representations or warranties about any Software offered in connection with the Hosting Services and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Software.
You are responsible for managing and maintaining in good standing any paid subscription and/or account required with a third-party provider. You must cancel or terminate your paid subscription and/or account with the applicable third-party provider and not Realtyna.