Terms of Service Agreement

All AgentWeb247.com customers must agree to the following Terms of Service Agreement.

Services and Pricing
The specific services you request will be outlined in email correspondence between you (and/or your representatives) and AgentWeb247.com.  Descriptions of the services and current pricing for the services are provided on AgentWeb247.comís website and may also be included in email 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.comís services are provided by the month, quarter or year.  The initial pricing for such services will be established in email 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.

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.  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. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.

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 ďcharge backĒ to AgentWeb247.com.  Declined, refused and/or returned payments may result in a $50.00 service charge payable immediately.

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, customization and/or other services will be billed based on a quoted fee from AgentWeb247.com for the specific service requested. The quoted fee will be valid for 30 days from the time of 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.comís 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 attempt to register the domain name that you request. AgentWeb247.com makes no representation that the domain name you request can be registered.  Therefore, do not assume registration of your requested domain name until you are notified by AgentWeb247.com that registration of your domain name has been completed.  Registration and use of the domain name that you request is subject to the terms and conditions of use applied by the relevant naming authority. AgentWeb247.com will pay your Internic registration fee on your behalf as long as you maintain an active account in good standing. AgentWeb247.com does not renew domain names for delinquent, inactive, or suspended accounts. AgentWeb247.com does not renew domain names for accounts that have canceled their services. It is the responsibility of the individual or company of the delinquent, inactive, or suspended account to renew the domain name. It is the responsibility of the individual or company of the canceled account to transfer the domain name. AgentWeb247.com will not be held liable if an individual or company lets the domain name expire.

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. 

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
You 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 any content, goods or services available within your website.

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 ďspamming,Ē 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.

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.

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. 

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
AgentWeb247.com reserves the right to refuse/terminate hosting services to any individual, company, organization, or entity at our sole discretion.

WARRANTY
THE AGENTWEB247.COM SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING. AGENTWEB247.COM EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED. 

DISCLAIMER
YOU ACCEPT THE AGENTWEB247.COM SERVICE  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.comís sole discretion and without notice. 

Waiver
AgentWeb247.comís failure to act with respect to a breach by you or others of this agreement does not waive AgentWeb247.comís 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.  

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 agree to submit to the exclusive personal jurisdiction of the California state courts sitting in Los Angeles County, California, and you 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 shall be in writing and delivered via e-mail to: info@agentweb247.com

ACCEPTANCE OF AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THE AGENTWEB247.COM SERVICE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
 

 

© Affordable Business Communications. All rights reserved.