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Policies, Terms & Conditions
All subscribers and clients to our service are bound by the policies and guildlines outlined below:
RealtyHomeSites, Inc., agrees to provide client web hosting, design and maintenance support services. Client is allowed to use the web site for business/commercial or personal use within the parameters defined below.
Content:
All services provided by RealtyHomeSites, Inc., may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The client agrees to indemnify and hold harmless RealtyHomeSites, Inc., from any claims resulting from the use of the service which damages the client or any other party.
Note: Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. RealtyHomeSites, Inc., will be the sole arbiter as to what constitutes a violation of this provision.
Examples of non-acceptable content or links
Pirated software
Hackers programs or archives
Warez Sites
Porn
Spamming Software
The client agrees RealtyHomeSites, Inc., will not be held responsible for the accuracy or reliabilty of any information
displayed on the clients web site regardless of author, source, creator or implementation. The client agrees to review any
changes or maintenance performed on it's behalf by RealtyHomeSites, Inc., and inform RealtyHomeSites, Inc., of any errors
within 24 hours of the said changes appearing on the website.
Intellectual Property Rights
Material accessible to you through RealtyHomeSites, Inc., services may be subject to protection under the United States or
other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted
by the owner of such rights, you must not use the RealtyHomeSites, Inc., service in a manner that would infringe, violate,
dilute or misappropriate any such rights, with respect to any material, which you access or receive through the RealtyHomeSites,
Inc., network. If you use a domain name in connection with the RealtyHomeSites, Inc., service or similar service, you must
not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security
Customers may not use the RealtyHomeSites Network with an attempt to circumvent user authentication or security of any
host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging
into a server or account the customer is not expressly authorized to access, password cracking, probing the security of
other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt
to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing,
or other deliberate attempts to overload or crash a host or network. RealtyHomeSites, Inc., will cooperate fully with
investigations of violations of systems or network security at other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur
criminal or civil liability.
Telnet, SSH or FTP Web Server Access
Customers are not ordinarily granted Telnet, SSH or FTP access to the web servers hosting their web sites. Under special
circumstances RealtyHomeSites, Inc., may determine at its sole discretion to grant FTP access to a web server hosting a customer web site.
If the customer selects to post any new files on the web server they do so under the following conditions:
The customer takes total responsibility for their web site content and warrants it remains within the policy, terms and conditions described herein.
The customer takes total responsibility for any failure of the web site to function correctly in the future.
If the customer subsequently requests changes to any web page, RealtyHomeSites, Inc., reserves the right to deny such
requests if it feels the quality of any code modified by the customer or any other entity is of an unacceptable quality.
This will always include any pages modified using any WYSIWYG type editor, including but not limited to MS Frontpage,
Netscape Communicator, MS Word & Dreamweaver. RealtyHomeSites, Inc., will only support pages developed by hand using raw HTML code.
RealtyHomeSites, Inc. can not perform any promotional services for web sites the customer selects to modify themselves.
RealtyHomeSites, Inc. reserves the right to charge for any correctional activity required following FTP access to its web server.
IDX / VOW / MLS Broker Reciprocity Interfaces
At all times the client is responsible for ensuring that any MLS interfaces for IDX / VOW are compliant with their current MLS
rules and regulations. Many MLS's do not make their rules available to non-members and web designers, therefore it is impossible
for RealtyHomeSites, Inc., to ensure on going compliance is maintained.
Rights of ownership of MLS interfaces: Where a smart frame MLS IDX interface is provided this becomes part of the web site
and will generally work correctly regardless of the hosting environment. Where an FTP data download MLS IDX or VOW interface
is provided the technology used to support these features generally resides outside of the functionality of the web site. Anyone
utilizing an FTP or direct data download interface should be aware that this functionality is provided on the basis that it will
only function while hosted by RealtyHomeSites, Inc. Upon cancellation of service for any reason this element of the web site is
most likely to fail to continue to function and will probably not remain within the terms of service offered by the MLS company.
In such event RealtyHomeSites, Inc. does not offer any assistance or support of any type with implementing the direct data download
or FTP functionality for use with any other hosting provider.
Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service
RealtyHomeSites, Inc., reserves the right at its sole discretion to refuse or cancel service at any time. Violation of any
of rules or policies described herein could result in a warning, suspension, or possible account termination. Accounts
terminated due to policy violations will not be refunded.
Search Engine Promotion
Search Engine Promotion is performed under a separate agreement to be signed by the client and RealtyHomeSites, Inc.
Without such agreement no search engine promotion is granted under the terms of use. Nothing in this Policy guidelines section affects
in anyway the terms and conditions of the separate Web Site Promotion Agreement.
Web Site & Domain Name Ownership
Any domain name registered for free as part of the services provided remains the ownership of RealtyHomeSites, Inc., for the
period of service. The customer has the right to purchase the domain name themselves at anytime using the services of RealtyHomeSites, Inc.,
or directly through a domain name registrar. If the customer elects to register their own domain name using their choice of registar, RealtyHomeSites, Inc.,
does not take responsibility for renewing any such domain name. If the customer elects to allow RealtyHomeSites, Inc., to
register the domain name the customer can at any time during the service period elect to purchase such domain name directly by
paying the currently advertised domain name registration fee to RealtyHomeSites, Inc.
All web sites may utilize interfaces to MLS systems or other proprietary information and databases held by RealtyHomeSites, Inc.
Ownership of any web site does not include any such interfaces or proprietary information. In the event the customer decides to
cancel service any interfaces or proprietary information will not be included as part of the web site.
Indemnification:
Customer agrees that it shall defend, indemnify, save and hold RealtyHomeSites, Inc., and its affiliates harmless from
any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against
RealtyHomeSites, Inc., its agents, its customers, officers and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless RealtyHomesSites, Inc., and it's affiliates against liabilities
arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection
with RealtyHomeSites, Inc. server; (2) any material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of
RealtyHomeSites, Inc., to the amount invoiced and paid for service during the prior 12 month period.
Disclaimer
RealtyHomeSites, Inc., will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide, except as specifically defined herein. RealtyHomeSites, Inc., disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by any of its affiliates and its employees. Client agrees that the maximum damages for which RealtyHomeSites can under any circumstances be held liable will be equal to the fees invoiced and paid by the client in prior 12 months.
We reserve the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
Payment:
RealtyHomeSites, Inc, agrees to provide services as detailed above on a month to month basic following receipt of payment as specified herein and invoiced to client via email or printed copy. Client is not bound by any long term contract and may cancel at anytime.
If client fails to pay invoiced amount within 30 days of due date RealtyHomeSites, Inc., may at it's sole discretion:
i) terminate all services provided
ii) reallocate the server space allocated to client for any purpose designated appropriate by RealtyHomeSites, Inc.
iii) charge additional fees to re-instate services
Guarantee and Refund Policy:
In the event RealtyHomeSites, Inc., fails to provide the services or products ordered the client will be entitled, on request and following written notification, to a refund equal to the amount of fees paid prorated for the portion of time the service or product was not available or provided.
At all times the maximum total refund amount associated with any guarantee or warranty will be equal to the total amount paid by the client for services rendered with the previous 1 month period.
If any terms or conditions described herein fail to be followed it will result in grounds for immediate account deactivation.
Modification Of Terms And Conditions Of Service:
RealtyHomeSites, reserves the right to modify its terms and conditions of service as outlined above from time to time as it sees fit.
Changes to the associated Web Site Promotional Agreement will be transmitted by email, fax or ground mail if such changes are required.
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