Terms of Service - Real Design Online

Use of Services
Acceptable Conduct
Prohibited Usage
Invoicing and Payment
Uptime Guarantee
Domain Names
Support
Account Cancellation or Suspension
Limitation of Liability
Disclosure to Law Enforcement
Warranty Disclaimer
Indemnity
Notice
Contract Revisions
Entire Agreement
Choice of Law and Forum
Waiver and Severability of Terms
Statute of Limitations
Privacy Policy

Real Design Online agrees to furnish services to the Subscriber, subject to the following Terms of Service. Use of Real Design Online's service constitutes acceptance and agreement to Real Design Online's Terms of Service.

Real Design Online reserves the right to modify the Terms of Service without notice.

Use of Services
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Real Design Online of any unauthorized use of your account or any other breach of security. Real Design Online will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.

Acceptable Conduct
Real Design Online is not responsible for the factual accuracy of any property or real estate information entered or imported into the service. The factual accuracy of property or real estate information is the sole responsibility of the account holder.

You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Real Design Online. You will not engage in any activity that interferes with or disrupts Real Design Online's services or networks connected to Real Design Online.

Prohibited Usage
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Real Design Online will impose fees; and/or pursue civil remedies without providing advance notice.

Spam and Unsolicited Bulk Email (UBE): Real Design Online has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Real Design Online whether or not the message actually originated from our network.

Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.

Real Design Online and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Real Design Online's services may not be used to facilitate infringement of these laws in any way.

Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Real Design Online or Real Design Online's customers.

Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.

Tortuous conduct such as posting of defamatory, libelous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights.

The Customer expressly understands and agrees that adult-oriented websites are expressly prohibited. Real Design Online reserves the right to immediately terminate and remove any such unauthorized Websites without notice and discontinue service to Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service.

Invoicing and Payment
You agree that Real Design Online shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. At 60 days overdue, we reserve the right to replace the contents of any published websites. Accounts that are not collectable by Real Design Online may be turned over to an outside collection agency for collection.

Subscriber is aware that Real Design Online may prospectively change the specified rates and charges from time to time.

Real Design Online is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Real Design Online. Currency exchange settlements will be based on agreements between you and the provider of your credit card.

Uptime Guarantee
Real Design Online provides a 99.9% uptime guarantee on published websites. In any given month, if your website is down for more than 0.1%, you may request a pro-rated credit for the downtime. Downtime is measured from the moment the customer notifies Real Design Online of a failure to the time all customer's websites respond to HTTP requests to the outside world. Notification of the failure must occur at the time of the outage and not after the fact. Credits shall not be provided to the customer if downtime is the result of: a) scheduled maintenance, b) curcumstances beyond Real Design Online's reasonable control, including, but not limited to: dDOS or other network attacks, 3rd party network outages, war, fire, flood, sabotage, labor disturbance, acts of government, acts of god, or c) breaking this Agreement.

Domain Names
All domain names registered through Real Design Online are owned and will remain owned by Real Design Online. If you delete a website associated with a domain owned by Real Design Online, you waive your right to use that domain in the future. Real Design Online may replace the contents with a "parked" page including such things as, without limitation, links to additional products and services offered by Real Design Online.

You may register domains and subdomains through third-party websites to be used with our services, at which point Real Design Online has no right to the ownership of those domains.

Support
Real Design Online provides 24 x 7 technical support to our customers by email or software-based ticket system, and by phone from 9am to 5pm Pacific time, Monday through Friday.

Account Cancellation or Suspension
Real Design Online reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's websites were suspended.

You may cancel the service at any time by contacting Real Design Online by phone. Cancellation will be immediate and irreversible, and all data associated with your account will no longer be accessible. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.

Limitation of Liability
Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Real Design Online and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Real Design Online shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Real Design Online. Subscriber further acknowledges that Real Design Online's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Real Design Online be liable for any special or consequential damages, loss or injury. Real Design Online is not responsible for any damages your business may suffer. Real Design Online does not make implied or written warranties for any of our services. Real Design Online denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Real Design Online.

Disclosure to Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Real Design Online may disclose any and all subscriber information including IP addresses, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Real Design Online shall have the right to terminate all service set forth in this Agreement.

Warranty Disclaimer
You agree that your use of Real Design Online shall be at your sole risk. All services provided by Real Design Online are available as is, without warranty.

Indemnity
Real Design Online wishes to emphasize that in agreeing to the Real Design Online Terms of Service, customer indemnifies Real Design Online for any violation of the Terms of Service that results in loss to Real Design Online or the bringing of any claim against Real Design Online by any third-party. This means that if Real Design Online is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Real Design Online, plus all costs and reasonable attorney's fees.

Notice
You agree that Real Design Online may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Real Design Online services.

Contract Revisions
Revisions to this Contract will be applicable to previous Contracts

Revisions will be considered agreed to by the Customer on renewal of services

Entire Agreement
The Terms of Service (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and Real Design Online and govern your use of Real Design Online services, superceding any prior agreements between you and Real Design Online for the use of Real Design Online services.

Choice of Law and Forum
The Terms of Service and the relationship between you and Real Design Online shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and Real Design Online agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Lane, Oregon.

Waiver and Severability of Terms
The failure of Real Design Online to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Real Design Online services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.