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Terms
and Conditions / User Agreement / Privacy Policy
MLSX.NET TERMS AND
CONDITIONS
IMPORTANT! THESE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS")
GOVERN THE USE OF THE MLSx.net WEBSITE (THE "WEB SITE") BY
YOU AND YOUR
EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS "YOU").
BY USING THE WEB
SITE, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN
THESE
TERMS AND CONDITIONS. MLSx.net (THE "COMPANY") RESERVES THE
RIGHT TO CHANGE
THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. YOUR
USE OF
THE WEB SITE AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE CONSTITUTES
YOUR
ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS
REGULARLY
Virtual
Web Hosting Agreement:
By requesting to provide you with account on our server you agree to
the Use Policy and User Agreement and all its provisions. MLSx.net reserves
the right to modify the Use Policy and User Agreement at any time without
notice. All changes and updates to the Use Policy and User Agreement
are
effective immediately upon posting on our web site (Hosting-Policy).
These
policies a legally binding agreement, therefore we ask you to read and
accept this Use Policy and User Agreement before submitting your order.
1. Acceptable
and Unacceptable Use. Services provided by MLSx.net,
its system, network, hardware and software may be used for lawful purposes
only. Publication, distribution, transmission, or storage of any content,
which violates any applicable law, regulation, or ordinance, is prohibited.
This includes, but is not limited to material that is defamatory,
infringing, constitutes an illegal threat, is protected by trademark,
copyright or intellectual property right used without owner authorization.
Links to sites with such content are also prohibited. Content of your
web
site is your sole responsibility. Please refer to our Acceptable Use
Policy
2. Network
Security. Violation of network and system security is
prohibited and can result in criminal and civil liability. MLSx.net
will
investigate such violations and will fully cooperate with law enforcement
in
cases of suspected criminal violations. Network and system violations
include, but are not limited to:
Unauthorized access to or use of the system, network, server, or
account, including any such attempt.
Password cracking, scanning, probing, or testing the
network security systems in attempt to breach network, system or server
security.
Interfering with the network use by any user, network or
host, including, without limitation mail bombing, flooding, deliberate
attempts to overload, crash server, or destroy system or network.
3. E-mail;
UCE; SPAM. Sending unsolicited mail messages of any kind
is prohibited. Use, or implication of use of MLSx.net system, network,
server, or email address to distribute, transmit or relay unsolicited
mail
is prohibited. Use of your domain in connection with sending of unsolicited
mail is prohibited. Sending of mass unsolicited e-mail from the MLSx.net
server by using e-mail address or an alias maintained on a MLSx.net
machine
or placement of any reference to a domain located on the MLSx.net server
in
any unsolicited message, in the form of an e-mail addresses, URL, or
any
other form is STRICTLY prohibited. Also prohibited is distribution of
mass-mailer software from a domain hosted on our server or placement
of
links to such software.
A message is considered unsolicited if the recipient has not
requested or welcomed such email. Providing email address to third parties
does not constitute subscription, request or invitation to receive
unsolicited mail. Any complaint from customers about receiving unsolicited
email means that this person has received unsolicited mail. Any violations
of this policy will result in an immediate service termination without
refund. MLSx.net reserves the right to determine what constitutes a
violation of this policy. MLSx.net also reserves the right to refuse
service
to known or suspected spammers.
MLSx.net believes that electronic mail should be used for personal
communication and not as a broadcast medium.
The following examples are non-exclusive and are provided for your
guidance.
You may not use your account to send unsolicited bulk or commercial
messages ("Spam"). This includes, but is not limited to, bulk
mailing of
commercial advertising, informational announcements, charity requests,
petitions for signatures, and political or religious tracts. Such messages
may only be sent to those who have explicitly requested it.
Individuals who are operating their own mail servers should ensure
that their systems are secured against external relaying to prevent
abuse of
resources.
Individuals who maintain mailing lists should ensure that their
mailing list software requires confirmation of subscription to prevent
malicious subscriptions to lists by third parties.
You may not use your account to collect responses from unsolicited
bulk or commercial e-mail sent from accounts with other providers.
Forging, altering or removing electronic mail headers is prohibited.
You may not send numerous copies of the same or substantially
similar message, nor may you send very large messages or files to a
recipient, with the intent to disrupt a server or account ("mail
bombing").
You may not use electronic mail to harass or intimidate others.
Harassment, whether through language, frequency of messages, or size
of
messages, is prohibited. Sending a single unwelcome message may be
considered harassment. If a recipient asks to stop receiving email,
you must
not send that person any further messages.
You may not forward or otherwise propagate chain letters, whether or
not such messages solicit money or other items of value, and whether
or not
the recipient wishes to receive such mailings.
MLSx.net accounts may not be used to collect replies to messages
sent from another Internet service provider if those messages violate
this
Acceptable Use Policy or the acceptable use policy of the other service
provider.
If you use the services of another provider to promote a web site
hosted by or through MLSx.net, then the provisions of this Acceptable
Use
Policy shall apply to the methods used to promote such site.
Not every "flame" message or angry exchange of email or newsgroup
posting can automatically be considered harassment. MLSx.net is not
responsible for the content or tone of any email or other transmissions
of
the subscribers to its service or other parties using the Internet.
Subscribers or others should not expect that MLSx.net would attempt
to
mediate or otherwise become involved in any particular disagreement
or
dispute between Internet users. The Internet is a network intended for
use
by mature, adult users. All users should recognize this principle and
undertake at all times to act with respect, courtesy and responsibility,
giving due regard to the interests and rights of other Internet users,
groups, and networks. We expect and appreciate the use of common sense
and
good judgment while using the network.
4. IRC
bots. IRC bots and/or IRC chat clients cannot be installed or
run from our server.
5. Canceling
Service to your domain; Termination. In case you no
longer need to receive domain hosting service from MLSx.net, you must
cancel
your web hosting service by logging into your Members section on our
site
and hitting the "Cancel" option, or by sending us an e-mail
notice to
cancel@virtual-hosting.ca and stating your intention to cancel. If your
are
sending your request my e-mail, you must include your name, domain name,
and
valid password to your account or the last 5 digits of the credit card
number we have on file for your account (if paying by credit card).
If you
are not paying by credit card and do not remember the password to your
account, you must send your cancellation notice from the main mailbox
of
your account, or from the mailbox from which you originally applied
for an
account with us. To avoid being billed for the next months hosting,
you
should submit your cancellation notice on or before the due date of
your
next month's hosting fee. After we have received such notice we will
close
your account on the last day of your billing cycle and will not bill
you for
any additional months. You will also receive a cancellation confirmation
number via e-mail. PLEASE NOTE that moving your domain to another host,
i.e.
updating name servers' information in your domain record, deleting or
not
renewing your domain registration, not using your domain etc., DOES
NOT
cancel your account with us and thus does not relieve you from your
obligation to MLSx.net to pay domain hosting fees. Also, we don't accept
cancellations over the phone, postal mail or fax. You must e-mail us
if you
wish to cancel your account.
You may cancel your account and/or terminate this Agreement via
e-mail with or without cause at any time. Termination of your account
shall
be effective on the last day of the then-current monthly billing cycle.
Cancelled accounts will be discontinued on the last billing day of the
then-current monthly billing cycle. Upon termination for any reason,
(i) you
shall remain liable for any amount due for the web hosting service provided
to your domain, up to the effective date of the Termination of your
account,
and (ii) Sections 2 and 5 through 10 shall survive termination. (iii)
30 DAY
GUARANTEE:Cancellation of account within the first 30 will trigger a
refund
for hosting costs ONLY. Costs for Setup fees and for Domain registration
are
non-refundable. (iv) 30 day guarantee is not applicable to Dedicated
and
Co-Location services. A three (3) month contract is required for Dedicated
and Co-Location services.
6. Our
Right to Refuse or Cancel Service. MLSx.net reserves the
right to refuse or cancel service at its own discretion. In addition
accounts found in violation of any of the Use Policies may result in
an
immediate cancellation of service without any prior warning and without
refund.
7. Indemnification.
Customer agrees to indemnify, defend and hold
harmless MLSx.net, its officers, employees, agents, and suppliers from
and
against all losses, expenses, claims, liabilities, damages and costs,
including reasonable attorney's fees, resulting or arising from any
service
provided, or agreed to be provided by MLSx.net, any activity related
to
customer's account (including negligent or wrongful conduct) by the
customer, or any person using MLSx.net network or system, or customer's
account. Furthermore, the customer agrees to indemnify, defend and hold
harmless MLSx.net from any claim or liability arising from any injury
to
person, property, copyright, trademark and proprietary rights violations
resulting from products, materials, or information sold, distributed
or
transmitted through use of MLSx.net network or system.
8. Disclaimer.
MLSx.net makes no warranty of any kind, expressed,
implied or otherwise for services we provide. MLSx.net disclaims all
warranties of merchantability and fitness for particular purpose. MLSx.net
is not responsible for any damages its customers or their businesses
may
suffer. In no event shall MLSx.net be liable for any damages of any
kind, or
any damages resulting from loss of use, loss of data, system failure,
server
failure, computer virus, and any and all service failures, or interruptions
caused by MLSx.net, its equipment, employees, officers, unforeseen events,
and any third parties.
9. Miscellaneous.
Any decision made by MLSx.net under this Agreement
shall be final. MLSx.net shall have no liability for any such decision.
You
will be responsible for all reasonable expenses (including attorneys'
fees)
incurred by MLSx.net in collecting unpaid amounts under this Agreement.
The
laws of Canada, except for its conflicts of laws principles, shall govern
this Agreement. Any dispute or claim arising out of or in connection
with
this Agreement shall be adjudicated in Toronto, Ontario, Canada. This
constitutes the entire agreement between the parties with respect to
the
subject matter hereof. The waiver of any breach or default of this Agreement
will not constitute a waiver of any subsequent breach or default. If
any
provision herein is held unenforceable, then such provision will be
modified
to reflect the parties' intention, and the remaining provisions of this
Agreement will remain in full force and effect. User may not resell,
assign,
or transfer any of its rights hereunder. Any such attempt may result
in
termination of this Agreement, without liability to MLSx.net. The
relationship(s) between MLSx.net and the "Users" is not one
of a legal
partnership relationship, but is one of independent contractors. This
Agreement shall be construed as if both parties jointly wrote it.
10.
Legally binding agreement. The above policies are a legally
binding agreement and by submitting your order to MLSx.net you agree
to the
terms presented on this Use Policy and User Agreement page.
MLSx.net IDX agreement:
Subscriber agrees to not hold MLSx.net / HDSS or owners thereof responsible
for any listing
data that may be incorrect. Subscriber is aware that the listing data
is
received from the local MLS and is deemed reliable but not guaranteed.
Subscriber agrees that the data provided by MLSx.net is for
consumers' personal, noncommercial use and may not be used for any purpose
other than to identify prospective properties consumers may be interested
in
purchasing.
MLSx will
not be held responsible for IDX data service interruptions
due to any MLS association delays. MLSx.net will not be held responsible
for
reasonable technical difficulties, which could temporarily affect services.
Subscriber agrees to comply with their board of realtor's
requirements regarding Broker Reciprocity/IDX Policies. Realtors must
be a
member of the MLS whose data is displayed. MLS boards require that their
own
"Internet Data Exchange (IDX) Access Agreement" be signed
and mailed or
faxed to their office. MLSx.net will provide Subscriber with a copy
of this
agreement. If subscriber contracts for our service without being a member
of
the MLS and we are forced to remove the listing data from Subscribers
website, we are not held responsible and will not issue a refund to
Subscriber.
Use
Policy and User Agreement
Proprietary Information. You acknowledge and agree
that as between
the Company and You, the Company is the owner of all right, title and
interest in the Web site and all content accessible within the Web site
(the
"Content"), including, without limitation, all trademarks,
service marks,
trade names, patent rights, copyrights, and other intellectual property
or
proprietary rights with respect thereto. You will not reproduce, transmit,
publish or distribute sublicense or otherwise transfer or make available
to
others, or edit, modify or create any derivative works of all or any
part of
the Web site or the Content, without the express written consent of
the
Company, other than limited printed copies of materials that you may
need
for Your own use and that contains all of the Company's copyright and
other
notices. Without limiting the generality of the foregoing, you will
not use
any systematic retrieval process including without limitation, scrapers,
robots, or bots, to collect, create, or compile Content or other data
from
the Company Web site.
Permitted Use. You have a nonexclusive, nontransferable, limited,
revocable right to use the Web site solely for your informational use
in
evaluating the Company and its products and services. You may not use
the
Web site for any other purpose without the Company's express prior written
consent, including, without limitation, any commercial purpose. For
example,
You may not and may not authorize any other person or entity ("Person")
to
(i) frame the Web site or any portion thereof (whereby the Web site
or a
portion thereof will appear on a user's screen with a portion of another
web
site, or with content or advertising of any Person without the Company's
consent), or (ii) Co-brand the Web site or any portion thereof.
"Co-branding" means the display of a name, logo, trademark,
or other means
of attribution or identification of any Person in such a manner reasonably
likely to give a user of the Web site the impression that such the Person
is
associated or affiliated with the Company, or has the right to display,
publish, transmit or distribute the Website or content accessible within
the
Web site. In addition, you may not and may not authorize any Person
to link
to any part of the Web site without the Company's prior written consent.
You
agree to cooperate with the Company in causing any unauthorized framing,
Co-branding, and linking or similar activity to immediately cease. You
may
not take any action that violates our Acceptable Use Policy.
Disclaimer. You will have access to a variety of third party sources
of content through the use of the Web site and the Internet. The Company
has
made no effort to verify the accuracy or suitability of any information
contained in any such sources, including, without limitation, any other
website that you can link to from the Web site. Accordingly, the Company
has
no liability or responsibility whatsoever for any content provided by
any
other Person contained on or obtained through the Web site. You acknowledge
and agree that any access, use or reliance on any such third party content
is at your own risk. You understand that, except for information, products
or services clearly identified as being supplied by the Company, the
Company
does not operate, control or endorse any information, products or services
of any other Person on the Web site or the Internet in any way. You
also
understand and agree that the Company does not guarantee or warrant
that
files available for downloading from the Web site or through the Internet
will be free of infection or viruses, worms, Trojan horses or other
malicious code that may adversely effect You, Your computer or computer
systems or Your data or files. In addition, you are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Website for the reconstruction of
any
lost data.
ACCESS
TO AND YOUR USE OF THE WEB SITE AND ANY INFORMATION OR
SERVICES CONTAINED THEREIN ARE PROVIDED "AS IS." THE COMPANY
MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION EXPRESS,
IMPLIED OR STATUTORY WITH RESPECT TO YOUR USE OF THE WEB SITE OR THE
CONTENT
CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY
OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT,
OR
ARISING THROUGH COURSE OF DEALING, USAGE OR TRADE PRACTICES, AND THE
COMPANY
HEREBY DISCLAIMS THE SAME.
Privacy
Policy. The Company collects, stores and uses data collected
from you in accordance with the Company's Privacy Policy.
This Privacy Policy governs the manner in which MLSx.net collects,
uses, maintains and discloses information collected from users of this
Web
site (each, a "User"). Users'
privacy is very important to MLSx.net. MLSx.net is committed
to safeguarding the information Users entrust to MLSx.net. This Web
site is
not directed at children less than 13 years of age.
The Information We Collect MLSx.net may collect personally identifiable
information from Users
in a variety of ways, including through online forms for ordering products
and services, and other instances where Users are invited to volunteer
such
information. MLSx.net may also collect information about how Users use
our
Web site, for example, by tracking the number of unique views received
by
the pages of the Web site or the domains from which Users originate.
We may
use "cookies" to track how Users use our Web site. A cookie
is a piece of
software that a Web server can store on the Users' PC and use to identify
the User should they visit the Web site again. While not all of the
information that we collect from Users is personally identifiable, it
may be
associated with personally identifiable information that Users provide
us
through our Web site.
How We Use Information
MLSx.net is not a real estate company. We maintain a real estate
database in order to provide property search engines and email notifier
programs to the public and to our client base of independent Realtors.
We do not and will not provide any personal identifiable
information, which is gathered as a result of our services, to any third
party, not to our member Realtors and not to any advertisers.
MLSx.net may also use information collected through our Web site for
research regarding the effectiveness of the Web site and the marketing,
advertising and sales efforts of MLSx.net.
Disclosure of Information
We may transfer information collected from Users in connection with
a sale of MLSx.net business.
Maintenance of Information
Information about Users that is maintained on our systems is
protected using industry standard security measures. However, we cannot
guarantee that the information submitted to, maintain on, or transmitted
from our systems will be completely secure.
Questions, sers may direct questions concerning this Privacy Policy
by email
to privacy@MLSx.net.com <MAILTO:privacy@MLSx.net.com>.
Users may elect not to receive solicitations from MLSx.net or from
trusted affiliates, independent contractors and business partners by
completing the opt-out request form here.
Acceptable
Use Policy
MLSx.net, Inc.
(Version 3.5 - Last updated September 25, 2003)
1. Scope.
This Acceptable Use Policy (this "Policy")
governs the usage of MLSx.net's products and services (the "Services").
This
Policy is incorporated by reference into each contract MLSx.net enters
into
with a customer (each, a "Customer") for the use of such Services.
MLSx.net
may modify this Policy at any time without notice. In addition, this
Policy
is incorporated by reference into the Terms and Conditions
<http://termsuse/default.asp> applicable to MLSx.net's Web site
so that no
person who utilizes MLSx.net's Web site (regardless of whether that
person
is a Customer) may take any action utilizing MLSx.net's Web site that
a
Customer would be prohibited to take utilizing the Services.
2. Purpose.
The purpose of this Policy is to enhance
the quality of the Services and to protect MLSx.net's customers, and
the
Internet community as a whole, from illegal, irresponsible, or disruptive
Internet activities. This Policy applies to each Customer and its employees,
agents, contractors or other users of such Customer who obtain Services
from
MLSx.net (each such person being a "User"). Each User should
use common
sense and good judgment in connection with the Services. Parents or
guardians should always supervise minors in using the Internet. Parents
and
guardians should remain aware at all times of what is on the Internet
and
how the minors under their care are using the Services and the Internet.
3. Prohibited
Uses. Users may not:
a. Utilize
the Services to send mass
unsolicited e-mail to third parties.
b. Utilize
the Services in connection
with any illegal activity. Without limiting the general application
of this
rule, Users may not:
i. Utilize
the Services to copy
material
from third parties (including text, graphics, music, videos or
other copyrightable material) without proper authorization;
ii. Utilize
the Services to
misappropriate or infringe the patents, copyrights, trademarks or other
intellectual property rights of any third party;
iii. Utilize
the Services to traffic in
illegal drugs, illegal gambling, obscene materials or other any products
or
services that are prohibited under applicable law;
iv. Utilize
the Services to export
encryption software to points outside the United States in violation
of
applicable export control laws; or
v. Utilize
the Services in any manner
that violates applicable law.
c. Utilize
the Services in connection
with any tortuous or actionable activity. Without limiting the general
application of this rule, Users may not:
. Utilize the Services to publish or
disseminate information that (A) constitutes slander, libel or defamation,
(B) publicizes
the personal information or likeness of a person without that
person's consent or (C) otherwise violates the privacy rights of any
person.
i. Utilize
the Services to threaten
persons with bodily harm, to make harassing or abusive statements or
messages, or to solicit the performance of acts or services that are
illegal
under applicable law.
d. Utilize
the Services in connection
with any other disruptive or abusive activity. Without limiting the
general
application of this rule, Users may not:
. Utilize the Services to cause denial
of service
attacks against MLSx.net or other network hosts or Internet users
or to otherwise degrade or impair the operation of MLSx.net's servers
and
facilities or the servers and facilities of other network hosts or Internet
users;
i. Post
messages or software programs
that consume excessive CPU time or storage space;
ii. Utilize the Services to offer mail
services,
mail forwarding capabilities, POP accounts or auto responders
other than for the User's own account;
iii. Utilize
the Services to resell
access to CGI scripts installed on MLSx.net's servers;
iv. Utilize
the Services to subvert, or
assist others in subverting, the security or integrity of any MLSx.net
systems, facilities or equipment;
v. Utilize
the Services to gain
unauthorized access to the computer networks of MLSx.net or any other
person;
vi. Utilize
the Services to provide
passwords or access codes to persons not authorized to receive such
materials by the operator of the system requiring the password or access
code;
vii. Utilize
the Services to (A) forge
the signature or other identifying mark or code of any other person,
(B)
impersonate or assume the identity or any other person, or (C) engage
in any
other activity (including "spoofing") to attempt to deceive
or mislead other
persons regarding the true identity of the User (excluding the use of
anonymous remailers or Internet nicknames);
viii. Utilize
the Services to distribute
or post any virus, worm, Trojan horse, or computer code intended to
disrupt
services, destroy data, destroy or damage equipment, or disrupt the
operation of the Services;
ix. Utilize
the Services to conduct port
scans or other invasive procedures against any server (except any server
for
which the User is an authorized system administrator);
x. Utilize
the Services to distribute,
advertise or promote software or services that have the primary purpose
of
encouraging or facilitating unsolicited commercial e-mail or spam;
xi. Utilize
the Services to solicit or
collect, or distribute, advertise or promote, e-mail address lists for
the
purpose of encouraging or facilitating unsolicited commercial e-mail
or
spam;
xii. Utilize
the Services in any manner
that might subject MLSx.net to unfavorable regulatory action, subject
MLSx.net to any liability for any reason, or adversely affect MLSx.net's
public image, reputation or goodwill, including, without limitation,
sending
or distributing sexually explicit, hateful, vulgar, racially, ethnically
or
otherwise objectionable materials as determined by MLSx.net in its sole
discretion; or
xiii. Utilize the Services in any other
manner to interrupt or interfere with the Internet usage of other persons.
4. Violations.
Disclaimer. MLSx.net expressly
disclaims any obligation to monitor its Customers and other Users with
respect to violations of this Policy. MLSx.net has no liability or
responsibility for the actions of any of its Customers or other Users
or any
content any User may post on any Web site.
a. Reporting
Non-Copyright Violations.
MLSx.net encourages Users to report violations of this policy by e-mail
to:
abuse@MLSx.net.com <mailto:abuse@interland.com>, including in
any such
report the name of the offending domain (for example, xyz.com) and the
type
of abuse (for example, spam, illegal acts, harassment, etc.) in the
"subject" field of the e-mail.
b. Remedies.
If MLSx.net learns of a
violation of this Policy, MLSx.net will respond to the applicable Customer
and may, in MLSx.net's sole discretion, take any of the following actions,
in accordance with the severity and duration of the violation:
0. Warning
the Customer;
1. Suspending
the offending Customer
from the Services;
2. Terminating
the offending Customer
from the Services;
3. Imposing
fees or charges on the
offending Customer account in accordance with the applicable service
contract;
4. Removing
the offending content; and
5. Taking
other action in accordance
with this Policy, the applicable service contract or applicable law.
5. Reservation
of Rights. MLSx.net reserves the right
to cooperate with appropriate legal authorities in investigations of
claims
of illegal activity involving MLSx.net's Services, Customers and other
Users. MLSx.net reserves all other rights to respond to violations of
this
Policy to the extent of applicable law and in accordance with any applicable
contractual obligations. MLSx.net may utilize technical means to monitor
communications into, and out of, its network facilities to prevent the
introduction of viruses or other hostile code, to prevent intrusions
and
otherwise to enforce this Policy and each Customer agrees that MLSx.net
is
authorized to monitor its communications through MLSx.net's network
for such
purposes.
Limitation
on Liability. THE COMPANY, ITS LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS,
WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
OR
SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF
REVENUE
OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES,
EVEN
IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO
EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND
DIRECTORS TO YOU OR ANY OTHER PERSON (REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) EXCEED THE AMOUNT,
IF
ANY, YOU HAVE PAID TO THE COMPANY TO USE THE WEB SITE AS PROVIDED IN
THESE
TERMS AND CONDITIONS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH
LIABILITY AROSE.
Indemnity.
You will indemnify and hold the Company, its licensors,
content providers, service providers, employees, agents, officers, directors
and contractors (the "Indemnified Parties") harmless from
Your breach of any
of these Terms And Conditions or any other terms, conditions, policies
or
procedures contained on the Web site, including, without limitation,
any use
of Content other than as expressly authorized in these Terms and Conditions.
You agree that the Indemnified Parties will have no liability in connection
with any such breach or unauthorized use, and you agree to indemnify
and
hold harmless the Indemnified Parties from any and all resulting loss,
damages, judgments, awards, costs, expenses, and attorneys' fees in
connection therewith. You will also indemnify and hold the Indemnified
Parties harmless from and against any claims brought by third parties
arising out of your use of the information accessed from the Web site.
Trademarks. MLSx.net® is a registered trademark, and the MLSx.net
logo and other MLSx.net marks appearing on the Web Site are either
registered or unregistered trademarks of the Company. Other trademarks,
service marks and logos appearing in this Web site are the property
of
either the Company, its content providers or other third parties. The
Company, its content providers and such third parties retain all rights
with
respect to any of their respective trademarks, service marks or logos
Miscellaneous.
Headings.
The headings of sections of these Terms and Conditions are
for ease of reference only and shall not be admissible in any action
to
alter, modify or interpret the contents of any section hereof.
Governing
Law and Jurisdiction. The validity and effect of these
Terms and Conditions shall be governed by and construed and enforced
in
accordance with the laws of the State of California, without regard
to its
conflicts of laws principles. The parties expressly disclaim application
of
the United Nations Convention on Contracts for the International Sale
of
Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE,
THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE
OF
THE COMPANY REGARDING USE OF THE WEBSITE, MUST BE BROUGHT IN A STATE
OR
FEDERAL COURT LOCATED IN FULTON COUNTY, GEORGIA, AND YOU HEREBY IRREVOCABLY
CONSENT TO THE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE
COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU
IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
ANY
OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE
OF
ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH
SUIT,
ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT
IN
AN INCONVENIENT FORUM.
Entire
Agreement; Amendments. These Terms and Conditions, together
with the Acceptable Use Policy and the Privacy Policy, supersede any
prior
discussions, negotiations and agreements between the parties with respect
to
the subject matter hereof, and these Terms and Conditions, together
with the
Acceptable Use Policy and the Privacy Policy, constitute the sole and
entire
agreement between the parties with respect to the matters covered hereby.
Sever ability.
The provisions of these Terms and Conditions may be
exercised and are applicable and binding only to the extent that they
do not
violate any applicable laws and are intended to be limited to the extent
necessary so that they will not render these Terms and Conditions illegal,
invalid or unenforceable. If any provision or portion of any provision
of
these Terms and Conditions are held to be illegal, invalid or unenforceable
by a court of competent jurisdiction, the remaining provisions or portions
thereof shall apply with respect to the subject matter hereof, and all
such
remaining provisions or portions thereof shall remain in full force
and
effect.
Waiver.
No failure or delay on the part of the Company to exercise
any right or remedy hereunder shall operate as a waiver thereof, nor
shall
any single or partial exercise of any right or remedy by the Company
preclude any other or further exercise thereof or the exercise of any
other
right or remedy. No express waiver or assent by the Company to any breach
of
or default in any of these Terms and Conditions shall constitute a waiver
of
or an assent to any succeeding breach of or default in the same or any
other
term or condition hereof.
Copyright
2001-2003, MLSx.net, Inc.
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