Realty Web Syndicate, site terms

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“SITE TERMS”) CAREFULLY. YOUR USE OF THE SITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE SITE TERMS WITHOUT MODIFICATION. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE SITE TERMS, DO NOT USE THIS WEB SITE.

The Web site you are accessing (the “Site”) is provided by Realty Web Syndicate, and/or an affiliate thereof (individually and collectively, “Company”).

 

These Site Terms apply to your access to, and use of, the Site so please read them carefully. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Company or its affiliates, for services, products or otherwise. We reserve the right to change or modify any of the Site Terms and the Site, at any time. If we decide to change our Site Terms, we will post a new version on the Site. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your use of the Site following the posting of changes or modifications to the Site Terms will constitute your acceptance of the revised Site Terms. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must immediately stop using the Site.

BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE ANY PART OF THE SERVICE.

 

The official Realty Web Syndicate website and all pages linked to it or from it, are PROVIDED ON AN AS IS, AS AVAILABLE BASIS. Realty Web Syndicate MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY INFORMATION OR USE OF INFORMATION CONTAINED IN THE WEBSITE, OR LINKED FROM IT OR TO IT.

 

You represent and warrant to Company that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all terms and conditions of this Agreement, including, without limitation, the Acceptable Use Policy set forth; and (c) if requested, you have provided accurate and complete registration information, including without limitation, your legal name, address and telephone number.

 

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) disseminate or transmit unsolicited messages or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (g) disseminate or transmit viruses, trojan horses or any other malicious code or program; or (h) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of this Agreement.

Realty Web Syndicate assumes no responsibility for the accuracy of information contained in the ads herein. Information contained in advertisements is neither confirmed nor warranted by the Realty Web Syndicate . Confirmation of information located herein is the responsibility of the customer.

Realty Web Syndicate does not warrant or guarantee the accuracy, adequacy, quality, currentness, completeness, or suitability of any information for any purpose; that any information will be free of infection from viruses, worms, Trojan horses or other destructive contamination; that the information presented will not be objectionable to some individuals or that this service will remain uninterrupted. Realty Web Syndicate, homeowners and agencies are not responsible for typographic errors; and rates and conditions are subject to change without notice.

 

No Liability:

Realty Web Syndicate , its agents or employees shall not be held liable to anyone for any errors, omissions or inaccuracies under any circumstances. The entire risk for utilizing the information contained on this site or linked to this site rests solely with the users of this site. For the avoidance of doubt, your use of website to search for or inquire about properties makes you subject to our terms and conditions. Realty Web Syndicate is not a party to any transaction between you and one of our advertisers and you specifically agree to release and hold Realty Web Syndicate and its Affiliates harmless from any cause of action arising from your transaction with one of our advertisers. 4) Limitation of Liability. IN NO EVENT WILL Realty Web Syndicate BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, EVEN IF Realty Web Syndicate HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST Realty Web Syndicate WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

 

The accuracy of all listings is not warranted or guaranteed. This information should be independently verified if any person intends to engage in a transaction in reliance upon it. The correctness, completeness or suitability of all listings is not the responsibility of Realty Web Syndicate , or any other party responsible for the hosting of this site or affiliated with this site. All prospective buyers and sellers are recommended to not base any decisions solely on information contained on this site.

 

Indemnification

You agree to indemnify, defend and hold harmless Realty Web Syndicate, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to (i) your violation of this agreement, and (ii) your posting of material to this site.

 

Privacy and consent to communications

We believe strongly in providing you notice of how we collect and use your data, including personally identifying information, collected from the Site. We have adopted a Privacy Statement to which you should refer to fully understand how we collect and use personally identifying information. By filling out any forms on the Site, providing information to us or making any inquiry, you acknowledge that we have an established business relationship and you expressly consent to being contacted by us or our service providers, whether by phone, mobile phone, email, mail, texting or otherwise.

Account security

Each person that is provided with a user login with password to use the Site ,if applicable, must agree to abide by these Site Terms and is responsible for all activity under such user account. You are responsible for maintaining the confidentiality and security of any password connected with your user account.

Third party products and services; third-party content

We may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links or referrals to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any third party products or services, and you use such third party products and services at your own risk. We do not sponsor, endorse, recommend or approve any such third party. You should investigate and use your independent judgment regarding the merits, quality and reputation of any individual, entity or information that you find on or through the Site. We do not represent or warrant that any such third party is licensed, qualified, reputable or capable of performing any such service.

The Site and the services offered therein are provided solely as a forum and technical interface that may connect homeowners with locally licensed real estate agents, brokers and other home-related service providers. Company does not provide any real estate, appraisal or home-related services, and do not hold ourselves out as being licensed to perform any such services. Company does not sponsor, endorse, recommend or approve of any real estate agent, broker or other home-related service provider who offers services through the Site. While we try to confirm that participating real estate agents, brokers and other home-related service providers are licensed to perform their respective services, we cannot and do not represent or warrant that any real estate agent, broker or other home-related service provider who offers services through the Site is licensed, qualified, or capable of performing any such service.

It should also be noted that Company does not make any assurance as to the timeliness or accuracy of information provided by any real estate agent, broker or other home-related service provider including any home evaluation, or other related follow up. Furthermore, if the requesting homeowner submits incomplete, insufficient or inaccurate information, or if the completion of a home evaluation is in conflict with real estate rules, laws or best practices, then an evaluation may not be provided to the requesting homeowner.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding Company or the Site, provided by you in the form of e-mail or submissions to us, or postings on the Sites, are non-confidential. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Hyperlinks

We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Disclaimer

THE SITE AND THE SITE MATERIALS (INCLUDING ALL THIRD PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE MATERIALS IS AT YOUR SOLE RISK. Company AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITE.

 

Realty Web Syndicate will not be responsible for any damages your business may suffer. Realty Web Syndicate makes no warranties of any kind, expressed or implied for services we provide. Realty Web Syndicate disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Realty Web Syndicate and its employees.

Termination

We may terminate or suspend your access to the Site at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Site will immediately cease. Furthermore, we reserve the right not to respond to any requests for information for any reason, or no reason.

Copyright, trademark and patent notices

Portions of the Site are protected by Company intellectual property rights and unless otherwise explicitly indicated in the Site, the Site Materials and the selection and arrangement thereof are the proprietary property of Company and its suppliers and are protected by U.S. and international copyright laws.

 

The Company name, and any Company products and services slogans or logos referenced herein are either trademarks or registered trademarks of Company in the United States and/or other countries. The names of actual third party companies and products mentioned in the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

 

U.S. Copyrights

Clients hosted on Realty Web Syndicate’s servers are not allowed to post, reproduce or use copyrighted materials on their website without express written permission from the copyright holder. The use of copyrighted materials without permission from the copyright holder is a violation of U.S. copyright laws. Any client hosted at Realty Web Syndicate who has been proven by a court of law that they have violated U.S. copyright laws will be given a notice of termination and removed from our servers immediately if they do not comply with the removal of all proven copyrighted materials. This includes but is not limited to written content and/or images. Realty Web Syndicate shall not be held liable for any direct, indirect, incidental, consequential or punitive damages resulting from client’s unlawful use of such copyrighted materials.

 

By accepting these Terms and Conditions and by paying and posting a listing on Realty Web Syndicate, the advertiser grants to Realty Web Syndicate and its affiliates a fully paid up license to use the copy, the photographs, the likenesses (if any) on its website or the websites of its affiliates and grants Realty Web Syndicate the ability to copyright and protect the images, copy, and information available via the advertiser’s listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. Realty Web Syndicate is not responsible for any infringement of copyright laws resulting from material supplied by the advertiser and the advertiser indemnifies Realty Web Syndicate against any action brought for breach of copyright or other rights from the use of such material supplied by the advertiser.

 

Without prejudice to the foregoing, you may not engage in the practices of “screen scraping,” “database scraping,” “data mining” or any other activity with the purpose of obtaining lists of users or other information from the Site or that uses web ”bots” or similar data gathering or extraction methods. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Digital Millennium Copyright Act Compliance

In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512)), Company has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Company’s copyright agent the following written information:

1) a detailed description of the allegedly infringed copyrighted material,

(2) a description of the location of such material on the Site,

(3) your contact information, including address, telephone number, and email address (if any),

(4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law,

(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf, and

(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert copyright infringement and to submit the statement.

Contact information for Company’s Copyright Agent for notice of claims of copyright infringement is provided below.

DMCA Agent: Realty Web Syndicate Legal Department

Address:  3050 Horseshoe Dr N. Suite 200, Naples, Florida 34104

USA Phone No.: 239.206.3486

Facsimile No.: 1.866.317.9309

Email address:  admin at realtywebsyndicate dot com

The parties have required that the Site Terms and all documents relating thereto be drawn up in English. Les parties onto demande que cette convention ainsi que tous les documents que s’y rattachent soient rediges en anglais.

Changes to Site

Realty Web Syndicate and its suppliers may make improvements or changes in the information, services, products, and other materials on this site, or terminate this site, at any time without notice. Realty Web Syndicate may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement.

 

Links to Other Web Sites

This site may include links to other Internet sites solely as a convenience to users. Realty Web Syndicate does not endorse any such sites or the information, material, products or services contained on or accessible through the sites, and you access and use such sites, including information, material, products and services therein, solely at your own risk.

 

Property Listings

Advertisers are responsible for the accuracy of the information on their property listings. Advertisers who provide photos to be used assert that the photos are their own property and these same owners have the publishing rights to said photos. Realty Web Syndicate is not responsible for any action, or omission of action, by any renter obtained by the use of this site.

1) Personal use: The site must not be used for any reason other than to view or make legitimate inquiries to owners regarding your interest in particular real estate properties.

2) Downloading of information from the Web site: As a part of the email inquiry process, for your own purposes and not for further distribution, you may download, display, or print one (1) copy of any portion of Realty Web Syndicate content. You may not modify the Content in any way, and you must reproduce the Realty Web Syndicate copyright notice in the form “ ©. – All Rights reserved “ as displayed on the relevant page(s) that you might download or wish to copy.

3) Unauthorized use: Unless otherwise provided within these Terms, or unless specific applicable law requires Realty Web Syndicate to allow you to do so, you may not do any of the following without the prior written consent of Realty Web Syndicate:

* Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever

* Reproduce our content on your Web site using any device including, but not limited to, use of a frame or border environment around the Web site, or other framing technique to enclose any portion or aspect of the Web site, or mirror or replicate any portion of the Site;

* Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Web site;

* Reverse engineer any part of this Web site;

* Sell, offer for sale, transfer, or license any portion of the Web site in any form to any third parties

* Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the Content;

* Use the Web site other than to make legitimate inquiries to Realty Web Syndicate advertisers;

* Use the Web site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;

* Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms.

* Use or access the Web site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by Realty Web Syndicate, or infringes on our copyright or the copyright of our advertisers;

* Upload or transmit to the Web site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Web site, or appropriate the Web site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;

* Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment; or

* Disguise the origin of the information transmitted through the Web site.

Terms and conditions of advertising with Realty Web Syndicate

 

Layout and copy:

Realty Web Syndicate reserves the right to determine the final design, layout and functionality of our website which is subject to change from time to time without notice.

 

Realty Web Syndicate reserves the right to edit copy or amend the layouts or photographs supplied, in order to create a more uniform and pleasant advertising environment for our visitors.

 

Realty Web Syndicate reserves the right, at its discretion, to amend and edit copy entered into the Realty Web Syndicate online database by advertiser. All copy edits submitted by advertiser are subject to review and approval of Realty Web Syndicate in its sole opinion.

 

Notwithstanding its right to edit and amend copy and photographs, Realty Web Syndicate accepts and holds no liability for any loss or damage resulting from the design or positioning of the properties or changes made to the photographs and copy submitted by the advertiser or edited by Realty Web Syndicate staff.

 

Accuracy

All listings on Realty Web Syndicate , as submitted by the advertiser and amended from time to time by Realty Web Syndicate staff, are the responsibility of the advertiser, and Realty Web Syndicate specifically disclaims any and all liability arising from the alleged accuracy of the listings, or any alleged breaches of contract on an advertiser’s part. By accepting these Terms and Conditions and paying to list on Realty Web Syndicate, you agree to indemnify and hold Realty Web Syndicate and its affiliates harmless against all costs, expenses and losses arising out of a claim relating to the content of an advertisement.

 

Advertiser are solely responsible for keeping their information up to date on Realty Web Syndicate , including, but not limited to any and all representations about the property, its amenities, location, and its availability for a specific date or range of dates. Realty Web Syndicate makes no representation or warranties that any of the copy or availability information published on Realty Web Syndicate is accurate or up-to-date even in the case where visitors have searched for specific special offers, dates, or types of properties.

 

Photographs

 

All printed (paper based) photographs submitted to Realty Web Syndicate by the advertiser will be discarded after we have scanned them into our electronic database. (Sorry, but we can neither return them nor keep copies of paper photographs on file.)

 

Every effort will be made to reproduce faithfully all photographs submitted, but Realty Web Syndicate cannot be held responsible for any loss or damage or otherwise resulting from errors or omission.

 

By submitting a photograph either electronically through our website or by mailing a paper based photograph to our offices, the advertiser is representing an warranting that (a) he holds all intellectual property rights with respect to each submitted photograph, or (b) he has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, and (c) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, and (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph and (d) that he will indemnify and hold harmless Realty Web Syndicate and its affiliates from any cause of action arising from any misrepresentation with respect to any and all the photographs so submitted.

 

Liability

Realty Web Syndicate does not warrant that the operation of the Realty Web Syndicate site will be uninterrupted or error-free.

 

In no event shall Realty Web Syndicate be liable to the advertiser for any special, consequential, incidental or indirect damages, including lost profits.

 

Copyright

It is the advertiser’s responsibility to obtain reproduction permission for all photographic and other material used in their advertisements. The advertiser warrants that he is the advertiser of the copyright in such material or is authorized by the advertiser thereof to grant to Realty Web Syndicate the rights therein contained.

 

Hypertext links

Realty Web Syndicate reserves the right to refuse hypertext links to, or addresses of, other web sites from advertisers’ pages, and to remove links or web addresses without notice at our sole discretion. Realty Web Syndicate reserves the right to charge for hypertext links at any time.

 

Ownership

You acknowledge that any and all content on the website, as well as any e-mail communications generated from the Service, (collectively, the Content) is and shall remain the property of the Company and its licensors. Any and all Content may not be used, copied or modified by you without the express written permission of the Company.

 

Termination of advertising

Realty Web Syndicate reserves the right to refuse any advertising listing submitted to Realty Web Syndicate either through its online submission process or sent to our offices for us to load onto the website. We can refuse to publish the ad for no reason, and you specifically agree to hold us harmless for any loss or liability that may arise from such a decision.

 

If you submit unsuitable material into the Realty Web Syndicate on-line database, or persistently misuses the on-line systems, Realty Web Syndicate reserves the right to remove the material from the Realty Web Syndicate site. No refunds will be paid.

 

Payment

Payment for listings must be made in U.S. Dollars paid either by major credit and debit cards, or a check drawn on a U.S. bank.

 

Legal Jurisdiction

Any and all Realty Web Syndicate services and products are performable and/or sold in the State of Florida, United States of America, and you irrevocably agree to that any cause of action you may submit will be filed in Collier County, Florida which will be the venue of any legal dispute. You also agree that any dispute will be governed by the laws of the State of Florida.

 

NOTICE TO ALL ADVERTISERS

If the operators of Realty Web Syndicate are unable to provide the promised level of service for any reason, including, but not limited to service outages, war, acts of God or negligence, neither Realty Web Syndicate or its advertisers can be held liable for any costs beyond the prorated costs paid by the client for the services which were not provided. Realty Web Syndicate does not guarantee that the Realty Web Syndicate web site will be available 100% of the time. This Agreement shall be construed in accordance with the laws of the State of Florida, any and all disputes shall be submitted to the jurisdiction of the State of Florida, disregarding conflicts of law, forum and venue.

 

SPAMMING POLICY

Note: Realty Web Syndicate does not participate in or tolerate the sending of Unsolicited Commercial Email (SPAM) – Realty Web Syndicate reserves the right to cancel (without refund) any member thatmentions Realty Web Syndicate or any of its associated websites, URLs, or any associated Realty Web Syndicate email address in any SPAM e-mail message or Usenet posting. Realty Web Syndicate is the sole judge in determining what constitutes SPAM.

 

EMAIL INQUIRIES

It is the goal of Realty Web Syndicate to reduce the volume of SPAM delivered via the web Information and Availability Request (Inquiry) form. To that end, inquiries may be monitored and filtered by Realty Web Syndicate prior to delivery to Realty Web Syndicate members. Inquiries may be read by Realty Web Syndicate staff members. Despite Realty Web Syndicate filtering efforts, it is likely that some SPAM inquiries will be delivered anyway. It is also likely that some non-SPAM inquiries may not be delivered as a result of Realty Web Syndicate filtering efforts.

Web inquires are delivered via Internet email and are not to be considered private. Internet e-mail delivery is not 100% reliable and Realty Web Syndicate cannot be held responsible for undelivered inquiries or for missed income as a result of undelivered inquiries. Realty Web Syndicate , at its own discretion, may supply to potential members the direct e-mail address and or phone number of Realty Web Syndicate advertisers for the purpose of making a rental inquiry.

 

MEMBERSHIP POLICIES

Realty Web Syndicate reserves the right to reject or edit any ad submitted at our sole discretion. Once material has been submitted, edited and posted on the Realty Web Syndicate web site, it becomes the property of Realty Web Syndicate and its affiliated sites and may not be copied from the Realty Web Syndicate web site without written permission.

 

LOCAL RULES AND REGULATIONS

Property advertisers are responsible for investigating and adhering to all local regulations including, but not limited to permits, licenses, occupancy taxes, and safety compliance.

Terms of Website Hosting

 

The use of services from Realty Web Syndicate constitutes agreement to these terms.

Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

Content

All services provided by Realty Web Syndicate may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless Realty Web Syndicate from any claims resulting from the use of our services.

Examples of unacceptable material:

  • Scam Sites (ex: Ebay/Paypal,CC/Password Scam sites)

  • Mailbombers or any sort of spam sites

  • IRC Bots

  • Warez Sites

  • Hate Sites

  • Roms / Emulators

  • Pirated Software

  • Hack programs and archives

  • Malicious Scripts

 

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice.

Realty Web Syndicate reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Realty Web Syndicate also reserves the right to make any such modifications in an emergency at our sole discretion.

Realty Web Syndicate reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Realty Web Syndicate. All rights reserved.

Payment Information

You agree to supply appropriate payment for the services received from Realty Web Syndicate , in advance of the time period during which such services are provided. You agree that until and unless you notify Realty Web Syndicate of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Realty Web Syndicate reserves the right to change the recurring payment amount and any other charges at anytime.

Backups and Data Loss

Your use of the service is at your sole risk. Realty Web Syndicate is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Realty Web Syndicate servers.

Cancellation and Refunds

Realty Web Syndicate reserves the right to cancel the account at any time.

Customers may cancel at any time. Realty Web Syndicate does not provide refunds for any services. Payment made for domain registration and dedicated servers will not be refunded, domain name can be transferred to client.

This also includes accounts suspended for TOS violations, in which the customer decides not to fix the violation.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Price Change

Realty Web Syndicate reserve the right to change prices listed on Realty Web Syndicate, and the right to change the amount of resources given to plans at any time.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Realty Web Syndicate harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Realty Web Syndicate , 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Realty Web Syndicate against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Realty Web Syndicate ; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Realty Web Syndicate server.

Uptime Guarantee

Realty Web Syndicate strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by Realty Web Syndicate monitoring systems or Realty Web Syndicate authorized/contracted outside monitoring services. If Realty Web Syndicate fails to meet it’s 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Realty Web Syndicate does not credit a full month’s service for minor downtime. This would not be financially healthy for Realty Web Syndicate, and in turn would only negatively affect the service level Realty Web Syndicate provides to you. “Partial refunds for partial downtime” is our standard policy. In extreme circumstances, Realty Web Syndicate may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one months service only, never more.

Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Realty Web Syndicate network caused by or associated with:

  • Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God” (ie…fire, flood, earthquake, tornado, etc…), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement

  • Telco Failure (ie…Verizon™ cutting a fiber line somewhere)

  • Backbone peering point issues (ie… Having a router go down in Virginia that wipes out internet service for the entire East Coast)

  • Scheduled maintenance for hardware/software upgrades

  • Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Realty Web Syndicate utilizes only name brand hardware of the highest quality and performance.

  • Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)

  • DNS issues not within the direct control of Realty Web Syndicate

  • Network floods, hacks, attacks from outside parties or individuals

  • Failure or error of any Realty Web Syndicate monitoring or measurement system

  • Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Realty Web Syndicate service(s) in breach of Realty Web Syndicate Policy and Service Guidelines (AUP), by Client or others authorized by Client.

Hosting Fees

Hosting fees will be paid on time by client. Realty Web Syndicate accepts MasterCard, Visa and Discover Credit/Debit Cards,  Check or Money Order (Check or money order for yearly plans only). Realty Web Syndicate sends the following email notices for those not on the auto bill option or if credit card becomes invalid or Paypal subscription is cancelled. Regardless of whether or not the customer receives the email notices, the customer is still responsible for paying their hosting fees.

  • 1st notice on due date. There is a stipulation. If you are using a credit card, you will be billed automatically on the due date.

  • 2nd  reminder notice letting client know that hosting payment is 5 days past due. This gives the client the opportunity to make any changes to their billing account if necessary.

  • On the 15th day accounts with unpaid balances will be suspended.

  • Accounts not paid by the 30th day, shall be removed from Realty Web Syndicate’s servers and shall be considered closed. Once an account has been terminated, Realty Web Syndicate does not reinstate it.

Changes to the TOS

Realty Web Syndicate reserves the right to revise its policies at any time without notice.