Terms of Service Agreement
All AgentWeb247.com
customers must agree to the following Terms of Service Agreement.
By requesting website
development, hosting and/or other services from AgentWeb247.com, you
accept the terms of this agreement.
Services and Pricing
The specific services you request will be outlined in email and/or
faxed correspondence between you (and/or your representatives) and
AgentWeb247.com. Descriptions of the services and current pricing for
the services are provided on AgentWeb247.com’s website and may also be
included in email and/or faxed correspondence between you (and/or your
representatives) and AgentWeb247.com. It is your responsibility to
make sure that you understand the services that you are requesting and
the current pricing for such services.
Monthly, Quarterly
and Annual Services
Many of AgentWeb247.com’s services are provided by the month,
quarter or year. The initial pricing for such services will be
established in email and/or faxed correspondence between you (and/or
your representatives) and AgentWeb247.com. You agree to provide
AgentWeb247.com with a valid credit card number and authorize
AgentWeb247.com to automatically charge that credit card for all
monthly, quarterly and annual services you request. Monthly,
quarterly and annual services are billed in advance on a pre-paid
basis and will automatically renew for additional periods, each of
equal length, unless you notify AgentWeb247.com of your intent not to
renew the services at least fifteen (15) days prior to the expiration
of the then current term. From time to time, AgentWeb247.com may
change the pricing for monthly, quarterly and annual services at any
time with 30 days notice. You agree to be bound by the new pricing
upon renewal of any monthly, quarterly or annual services after the 30
day notice period.
Customer Support
Customer support is provided by telephone and email, Monday
through Friday, between 8AM and 6PM PST. Technical support requests
relating to errors in, or the improper functioning of, the services is
provided at no cost by AgentWeb247.com. All other requests for
support, training, customization and/or other services will be billed
in conjunction with providing the services, based on AgentWeb247.com’s
then current pricing at the time of such request.
Ownership of
Services
AgentWeb247.com (or its affiliates) is the exclusive owner of the
services and your use of the services does not provide you any right
or interest in any of AgentWeb247.com’s intellectual property
including, but not limited to, common designs, layouts, content,
program code, scripts, database structures, proprietary strategies and
processes, and other intellectual property of AgentWeb247.com (or its
affiliates). You may copy and reuse content and/or graphics designed
specifically for you by AgentWeb247.com; provided, however, that all
source files for such content and/or graphics remain the exclusive
property of AgentWeb247.com and such source files will not be provided
to you or your representatives for copy, modification or reuse. A
AgentWeb247.com copyright mark will be placed on all publicly
accessible web pages included in the services.
Domain Name
Registration
AgentWeb247.com will register all domain names that you request in
your name and you will be the sole owner of your domain name(s).
AgentWeb247.com will pay your Internic registration fees on your
behalf as long as you maintain an active account in good standing.
AgentWeb247.com makes no representation that the domain names you
request can be registered or that they can be registered in your
name. Therefore, do not assume registration of your requested domain
name(s) until you are notified by AgentWeb247.com that registration of
your domain name(s) has been completed. Registration and use of
domain name(s) that you request are subject to the terms and
conditions of use applied by the relevant naming authority.
MLS Data Services
AgentWeb247.com provides certain services that are provided
in-part by 3rd party Multiple Listing Service (MLS)
suppliers. Your use of such services is subject to the terms and
conditions set forth by each MLS supplier; in most cases, you must be
an active member of the MLS in order to participate in MLS Data
Services provided by the MLS and AgentWeb247.com. You are also solely
responsible for any fees charged by the MLS data supplier.
AgentWeb247.com and/or the MLS data supplier will provide you with all
necessary documentation, contracts and fees required to participate in
the MLS data services. AgentWeb247.com is not responsible for the
accuracy, completeness, functionality, usability, availability or
merchantability of the MLS data services provided by 3rd
party MLS data suppliers. The use of MLS data services is strictly at
your own risk.
Authorship Mark and
Client References
You agree that AgentWeb247.com can place a reasonably sized and
positioned logo and/or text link on website pages included in the
services. You also agree that AgentWeb247.com may reference its
relationship with you for marketing purposes.
Payment
You must provide AgentWeb247.com with a valid credit card in order
to activate your account. You authorize AgentWeb247.com to
automatically charge your credit card for all services that you
(and/or your representatives) request. You will receive a receipt for
all payments processed against your credit card by email and/or fax.
You agree to keep your credit card information updated, and to provide
AgentWeb247.com with a new valid account number if your old card is
deactivated or does not have sufficient credit available to pay your
fees. AgentWeb247.com reserves the right to place your account on
hold, suspend your services and/or terminate this agreement if you are
overdue in paying us any amounts due for services you request.
If you wish to dispute
any fee AgentWeb247.com charged to your credit card, you agree to
discuss such dispute with AgentWeb247.com and work towards a
resolution. You expressly agree to not dispute fees with your issuing
credit card company, which could result in a “charge back” to
AgentWeb247.com. Declined, refused and/or returned payments may
result in a $50.00 service charge payable immediately.
Cancellation and
Termination
At any time, you may terminate your account with AgentWeb247.com
by providing written notice to AgentWeb247.com at least fifteen (15)
days prior to the end of your then current monthly, quarterly or
annual billing period. If written notice is received at least fifteen
(15) days prior to the end of your then current monthly, quarterly or
annual billing period, your account will be billed for any outstanding
service fees and then closed. Otherwise, your credit card will be
charged for pre-payment of the then next billing period.
AgentWeb247.com will terminate your services including any website
hosting, domain name, email and other services provided to you by
AgentWeb247.com on the 1st day after the end of your then
current monthly, quarterly or annual billing period. It is your
responsibility to archive any information you are entitled to copy and
reuse prior to deactivation; after your services are deactivated, you
will not be able to access any information previously stored on and/or
transmitted through the services. No refunds will be provided for
setup or other paid fees for any reason after you request and/or order
services.
Customer Content
AgentWeb247.com has the right to store and/or transmit information
you provide through the services and you agree to indemnify and hold
AgentWeb247.com harmless against any and all claims or causes of
actions that may arise with respect to the information against
AgentWeb247.com (or its affiliates). You are solely responsible for
obtaining any and all necessary consents and clearances required to
lawfully make use of any and all intellectual property rights through
the services, including without limitation, clearance and/or consents
in respect to your domain name(s). You agree that all information
submitted to, stored or distributed by you in connection with the
services (i) shall not be false, inaccurate, fraudulent or misleading;
(ii) shall not infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights of
publicity or privacy; (iii) shall not violate any law, statute,
ordinance or regulation; (iv) shall not be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing; (v) shall not contain
sexually explicit, obscene, or pornographic content; (vi) shall not
contain speech or images that are offensive, profane, hateful,
threatening, harmful, defamatory, libelous, harassing, or
discriminatory (whether based on race, ethnicity, creed, religion,
gender, sexual orientation, physical disability, or otherwise); (vii)
shall not contain graphic violence; (viii) shall not contain
politically insensitive or controversial issues (e.g., euthanasia,
abortion, capital punishment), or other political content (e.g.,
lobbyists, PAC sites, political campaigns); (ix) shall not contain any
viruses, trojan horses, worms, time bombs, cancelbots or other
computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information; and (x) shall not create
liability for AgentWeb247.com or cause it to lose (in whole or in
part) customers or the services of service providers or other
suppliers.
Use of Services
You hereby agree as follows: (i) you shall not use the Services
for “spamming,” as determined by AgentWeb247.com in its reasonable
discretion; (ii) you shall keep secure any identification, password
and other confidential information relating to your site and shall
notify AgentWeb247.com immediately of any known or suspected
unauthorized use of your site or breach of security, including loss,
theft or unauthorized disclosure of passwords or other security
information; (iii) you shall not use the services for any unlawful
purpose; (iv) you shall not engage in any other conduct that restricts
or inhibits any other person from using or enjoying the Services, or
which, in the judgment of AgentWeb247.com, exposes AgentWeb247.com or
any of its customers or suppliers to any liability or detriment of any
type; and (vi) you shall be responsible for obtaining and maintaining
all telephone, computer hardware and other equipment needed for access
to and use of the services, and you shall be responsible for all
charges related thereto.
Information
Collection and Use
By using the services, you authorize AgentWeb247.com to access
data stored on or transmitted through the services to conduct
research, improve the services and provide anonymous reporting for
internal and external clients.
Links
The Services may include links to other World Wide Web sites or
resources. Because AgentWeb247.com has no control over such sites and
resources, you acknowledge and agree that AgentWeb247.com is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that
AgentWeb247.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
Modifications to
This Agreement
AgentWeb247.com may modify this agreement at any time. Any
modification is effective upon the posting of same by AgentWeb247.com
on its website. AgentWeb247.com may also notify you of any
modifications by email and/or faxed correspondence to you.
Right of Refusal
We reserve the right to refuse/terminate hosting services to any
individual, company, organization, or entity for any reason.
WARRANTY
THE SERVICES AND ALL INFORMATION PROVIDED BY AGENTWEB247.COM IN
CONNECTION WITH THE SERVICES IS PROVIDED TO YOU ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR
PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR
REPRESENTATION, WHETHER ORAL OR IN WRITING, AND YOU ACCEPT THE
SOFTWARE, AS CUSTOMIZED FOR YOUR SITE, AT YOUR OWN RISK.
Limitation of
Liability
In no event shall AgentWeb247.com or any of its affiliated or
related parties be liable for any damages nor shall any user hold
AgentWeb247.com or any of its affiliated or related parties liable
resulting from the use of or inability to use the services, whether
based on warranty, contract, tort, or any other legal theory, and
whether or not AgentWeb247.com is advised of the possibility of such
damages. The sole and exclusive remedy for dissatisfaction with the
services will be to stop using the services. Any claims arising in
connection with your use of the services must be brought within one
(1) year of the date of the event giving rise to such action occurred.
Indemnification
You hereby agree to indemnify and hold AgentWeb247.com and its
affiliates and related parties, harmless against any damages, losses,
liabilities, judgments, costs or expenses (including reasonable
attorneys' fees and costs) arising out of a claim by a third party
relating to your use of the services or any breach or violation of
this agreement.
Entire Agreement
This agreement constitutes the entire agreement between you and
AgentWeb247.com relating to the access and use of the services. This
agreement may not be modified, in whole or in part, except as
described elsewhere in this agreement. Anything contained on the
service inconsistent with or conflicting with the terms of this
agreement is superseded by the terms of this agreement.
Assignment
The right to receive the services is personal to you and you may
not transfer by assignment, sublicense, or any other method the
service to any other person or entity. You agree that this agreement
may be automatically assigned by AgentWeb247.com to any third party,
in AgentWeb247.com’s sole discretion and without notice.
Waiver
AgentWeb247.com’s failure to act with respect to a breach by you
or others of this agreement does not waive AgentWeb247.com’s right to
act with respect to subsequent or similar breaches.
Representation
YOU HEREBY REPRESENT TO AGENTWEB247.COM THAT YOU ARE AT LEAST 18
YEARS OLD AND ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT. YOU ARE
ALSO REPRESENTING THAT YOU ARE ENTERING INTO THIS AGREEMENT ON YOUR
OWN BEHALF, HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF ENTERING
INTO THIS AGREEMENT, ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE
OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. AT
ANY TIME UPON REQUEST BY AGENTWEB247.COM, YOU AGREE TO SIGN A
NON-ELECTRONIC VERSION OF THIS AGREEMENT, AND ANY OTHER AGREEMENTS OR
STATEMENTS REASONABLY NECESSARY FOR AGENTWEB247.COM TO PROVIDE AND
ACCOUNT FOR THE SERVICES.
General
AgentWeb247.com is based in Los Angeles, California, in the United
States of America. AgentWeb247.com makes no claims that the Services are
appropriate or may be used or downloaded outside of the United States.
Access to or use of the Services may not be legal by certain persons
or in certain countries. If you access or use the Services from
outside the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction.
Conflict Resolution
You agree that this agreement is governed by and shall be
construed in all respects under the laws of the State of California,
exclusive of its choice of law or conflict of laws provisions. In any
claim or action by you directly or indirectly arising under this
agreement or related to the services, you and AgentWeb247.com each
irrevocably agree to submit to the exclusive personal jurisdiction of
the California state courts sitting in Los Angeles County, California,
and you and AgentWeb247.com each waive any jurisdictional, venue, or
inconvenient forum objections to such court.
If any of the
provisions of this agreement are held to be not enforceable by a court
or other tribunal of competent jurisdiction, then such provisions
shall be limited or eliminated to the minimum extent necessary so that
this agreement shall otherwise remain in full force and effect.
Force Majeure
Neither party will be deemed in breach of this agreement to the
extent that performance of its obligations are delayed or prevented by
reasons of force majeure, such as riots, acts of terrorism, fire,
flood, earthquake, acts of government and the like, provided that such
party gives the other party written notice thereof promptly and uses
its best efforts to continue to perform its obligations.
Contact Information
All notices to AgentWeb247.com under this agreement shall be in
writing and delivered via e-mail to:
info@agentweb247.com. You
may also Fax written notices to: (818) 885-0543
© 2004 Affordable Business
Communications. All rights reserved.
