RealtyProIDX.com - Terms and Conditions

These terms and conditions of service are an agreement ("Agreement") between the user ("You","Your") and RealtyPro Solutions, LLC ("Provider"). This Agreement becomes effective when you create an account at www.RealtyProIDX.com. By using any of the information, software, products, or services contained in or available through the www.RealtyProIDX.com website ("Website") - collectively referred to as ("Services"), you agree to comply with all of the terms and conditions (including all legal notices and service policies) contained herein.

1. Description of Services: Provider offers several Services in connection with Website including but not limited to: template-based website design, semi-custom website design, website editing software, website hosting, domain registration, email services, and several managed Internet Data Exchange ("IDX") solutions which allow the public to search listings from your local multiple listing service ("MLS") on a personal or company real estate website. To receive Services, you must create an account and register at least one website in your account. The actual Services provided to you (for each website you register on your account) will depend on the options you choose when you register the website. You will be able to manage your account, view your billing information, and edit your website(s) using the RealtyPro IDX Control Panel ("Control Panel") after you login to the Website.

2. Template-based Website: When you create a template-based website using the Service, the Provider will help you: register a domain name, select a template, edit the template settings, add/edit menus and sub-menus, add/delete webpages, and edit the content of your webpages. You own the domain name and are responsible to renew it annually. The Provider owns the templates and the Software which allows you to edit your website. Custom work performed by the Provider (including the content of each web page) on your website remains a part of the template. Provider does not make any claim to the files uploaded to your website (i.e. logos, photos, images, etc.) but the actual display and layout of the content is controlled by the template. Your right to use the template and the Software is subject to the terms of this Agreement at all times. If your website is terminated or suspended from your account, your website will no longer be accessible on the Internet and you will no longer have the right to use the template or the Website Editor in the Control Panel.

3. Availability of Services: Provider will use every reasonable effort to ensure that the RealtyProIDX.com website and any of your websites associated with your account are available online and working properly with minimal downtime (periods of time when the site is unavailable or down). However, Provider shall not be responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control including: natural disasters or acts of God (such as fire, lightning, explosions, earthquakes, and floods), requirements or injunctions by any legal government entities, labor unrest (such as strikes, slowdowns, picketing, or boycotts), or failure of it suppliers or vendors (such as Internet service providers, hosting and server management companies, and phone and utility companies) to deliver expected services .

4. Domain Ownership and Registration: For any domain name that you use with the Service, you agree that you are either the legal registered owner of the domain or that you have received written permission from the legal owner of the domain to use the domain with the Service. Provider offers domain registration as a reseller for the domain registrar: Tucows Domains Inc. ("Tucows"). You hereby acknowledge that you have read and agree to the Domain Registration Agreement terms of Tucows for any domain that you currently have registered or may register through Provider in the future. Provider may offer to automatically renew your domain registration, but Provider is not liable for the loss of any domains that do not get renewed. The registered owner of each domain is solely responsible to make sure the whois registrant contact info. is correct and to make sure that each domain does not expire.

5. MLS Authorization: Your right to display IDX data from your multiple listing service (MLS) is subject to the entity that controls your MLS data at all times. You are responsible to obtain written authorization from the entity (board or association) that controls the MLS data that you intend to display or make available on your website before you display any such MLS data on your website. You also agree to make sure that you and your website comply with all of the MLS rules and/or IDX rules of the entity that controls the MLS data. Provider is not responsible or liable for any damages, claims, fines, or fees resulting from non compliance with any such MLS or IDX rules, and Provider reserves the right to cancel or suspend your account if notified by the entity that controls your MLS data that you are in violation of the rules until your site is deemed in compliance with any such rules.

6. User Responsibilities: You hereby certify that you are of legal age to form a binding contract (you are at least 18 years old) and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree (for purposes of identification, notifications, billing, and authorization to access the Service) to provide accurate, complete, and updated information in your account profile and registration information including: your legal name, address, telephone number(s), and email address. Your contact information (especially your email address) from your account profile will be used for notifications and communications from Provider. You are responsible for maintaining the confidentiality of your account password, and you are responsible for all activities that occur under your account. You agree to immediately notify Provider of any unauthorized use of your password or account or any other breach of security. Provider is not liable for any loss or damage arising from unauthorized use of your account due to your failure to keep your password secure. Provider reserves the right to require you to alter your password if it believes that your password is no longer secure.

7. Use Limitations: As a condition of your use of the Services, you agree not to use the Website and Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. As it relates to your use of the Services, you hereby agree as follows:

A. Lawful Use: You agree NOT to use the Services to commit any illegal or unlawful act or to do anything that violates these terms and conditions. You are responsible to make sure that the Content of your website does not violate any state or federal real estate, advertising, or fair housing laws.

B. Data Content: You understand that you are responsible for all Content that you or anyone using your account uploads to the site or modifies on the site including: data, text, software, music, sound, photographs, graphics, images, video, messages, tags or other materials. You agree NOT to upload, post, email, or otherwise transmit or communicate any material that contains sexual content or that is obscene, offensive, pornographic, unlawful, abusive, harmful, an invasion of privacy, defamatory, libelous, vulgar, illegal, or otherwise objectionable. You agree not to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent, or other intellectual property right or any moral right of any third party.

C. Website Type: You understand and agree that you may only register domains and/or create and host websites through the Service that are "real estate related" websites. No part of the website should contain any content, offerings, or services that are not considered standard services (as defined by Provider) that are normally provided by real estate offices or agents. You must obtain prior written authorization from Provider for any exceptions to this requirement.

D. Email Services: You agree to OpenSRS's Acceptable Use Policy regarding the use of email services provided to you by Provider. You agree NOT to use any email accounts provided through the Service to send unsolicited bulk email (SPAM) as determined by Provider in its reasonable discretion. You are responsible to keep secure any identification, password, and other confidential information relating to your email accounts and shall notify Provider immediately of any known or suspected unauthorized use of your email accounts or passwords. Each email account is limited to 5 gigabytes of storage, and each email message (including attachments) is limited to 16 megabytes in size. You may not send more than 500 emails per day from any one email account.

E. Email Accounts: Email Accounts tied to the domain (or any domain you own or manage) may be added or deleted by you upon request as approved by Provider. If it is reasonably assumed that you are deleting an email address that was being used by an independent contractor (i.e. real estate agent in your office), you agree to allow that person to check and retrieve emails prior to deleting the account, and you authorize Provider to setup a forward address and auto-responder message for that person on the applicable email address for at least 30 days from the time the email address is canceled. Email services are hosted by a third party, and while Provider will make all commercially reasonable efforts to help you resolve any problems, there may be issues that are out of Provider's control. If you use our email services, you do so at your own risk. Provider is not responsible or liable for any problems, loss, or damages associated with the use of the email service including but not limited to: lost emails, suspension of email services, problems sending and receiving emails, downtime caused by the email server, or the results of a virus or person who may gain access to "or hack" your email account. You are strongly encouraged to use an antivirus software on all devices and to backup all important contacts and saved emails to a local hard drive on a regular basis. You should never enter highly confidential information in outgoing emails such as credit card numbers, social security numbers, etc. You should change your password regularly, never give it out to anyone, and use a strong password which contains at least 8 characters, at least one capital letter, at least one number, and at least one character other than numbers and letters.

F. Unauthorized Uses: You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, download, post, create derivative works from, frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Services or the Website, including, but not limited to the text, graphics, logos, listing data, listing photos, and audio and visual files, without express written permission from Provider.

G. Malicious Intent: You agree that you will not engage in any activity that interferes with or disrupts the Services. You agree NOT to upload, post, email or otherwise transmit any material which is likely to cause harm to Provider or to anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data, or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service; to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; or to intentionally cause harm to or disruption to the Service or servers or networks connected to the Service.

8. Access Restriction & Termination: You may cancel any website from your account (or your entire account) at any time yourself by logging in to the RealtyPro IDX Control Panel and going to the "billing" tab on the "My Account" section or by providing written notice to Provider. If you cancel your account, you may request a refund for any unused portions of any prepaid monthly subscriptions on your account; however, the first month of service and all setup fees are non refundable. Provider reserves the right to seek all remedies available at law and in equity for any violation of these terms and conditions. You agree that if Provider determines (in Provider''s sole discretion) that you have failed to comply with any of these terms and conditions or if a competent regulatory authority requires it, Provider may suspend or terminate your entire account and/or any website(s) registered on your account without notice. Provider also reserves the right to deny new service (including your ability to add a new website or IDX to your account) without notice or to cancel existing services with at least 30 days written notice for any reason deemed reasonable by Provider. If Provider denies or cancels service for any reason other than for the violation of terms and conditions, the setup fees and any charges for services you have not received for the website canceled or denied will be refunded.

9. Billing Policies: Setup fees must be paid up-front and are non refundable. Any work orders for custom designs or changes (not included in the setup fees) must be agreed to in writing before the work is performed and paid for according to the terms of the work order. Payments for custom work orders are also non refundable. All monthly or annual subscription fees must be paid in advance by money order or by credit card (MasterCard, Visa, or Discover). Provider reserves the right to change prices (with advanced notice) on any of its products or services. You authorize Provider to automatically charge your credit card on file for all recurring monthly or annual subscriptions and for any work orders that you approve. If you cancel domain registrations or SSL certificates on or after the renewal date (the date you are billed by Provider), you agree to pay the annual renewal fee for such renewals. If you cancel website hosting services, you agree to pay for the full month in which you cancel services. If you have pre-paid for more than 1 month of hosting, you may request a refund for the unused portions of any prepaid subscriptions not including the current month in which you cancel services. Refund requests must be in writing, and must be submitted to Provider within 14 days from the time the hosting service was canceled. All refunds will be credited back to the credit card on file or mailed by check. Please allow up to 45 days for your refund to be processed. Provider reserves the right to cancel any services that are past due.

10. Third Party Affiliations And Death: Your right to display listing data on your website from any specific MLS source is subject to your membership in good standing with that source (including any MLS or IDX rules of that Entity). You must also hold a valid Active real estate license (in good standing) from each state where you intend to do business. Provider may cancel or withhold any services deemed appropriate by Provider upon notice from or independent verification of your current principal broker, the MLS Entity providing the listing data, or state licensing records. In the event of your death, Provider is authorized to cancel all services including hosting, email, SSL certificates, etc. In the event of the death of the registrant (owner) of any domain registered through the Service, Provider is authorized to set any such domains to expire without notice upon the expiration date of each domain registered through the Service and Provider is authorized to facilitate the transfer of such domains to a principal owner of the company listed as "Registrant Organization" or to the legal heir or heirs of the registrant at the sole discretion of Provider.

11. Privacy and Security: You can be confident that your relationship with RealtyPro Solutions is treated with the upmost care and confidentiality. Provider is dedicated to protecting and safeguarding your personal and financial information and will use the highest industry standards to secure all Internet transactions. Except as disclosed in the Privacy Statement, Provider will not sell or give out your private information (including your email address) to any third party without your consent. All credit card payments will be made through a secure site using SSL Encryption. Because your credit card information is encrypted, it can not be seen by third parties as it transfers across the Internet to the credit card processing company while the payment is being processed. For your convenience and in order to be able to run automatic payments, Provider may save your credit card information. All critical credit card data that is stored by Provider is encrypted before it is saved or transferred across the Internet, and it is stored on a secure private server. For more information about how your private information is safeguarded and used, view our Privacy Statement.

12. Trademarks and Copyright: RealtyProIDX.com and all other products and company names mentioned or displayed in the Service are or may be service marks or trademarks of their respective owners. The RealtyProIDX.com product (including all software, images, graphics, logos, Internet domains, webpages, website design, source code, user documentation, databases, and other materials that depict or describe the Service) is and shall remain the exclusive property of Provider and is Copyrighted © 2011 by RealtyPro Solutions, LLC. -- ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print in hard copy portions of the website for the sole purpose of assisting users of the website in their real estate transactions. Any other use of the information and material on the website, including reproduction for purposes other than those listed above, modification, distribution, or republication without prior written permission of Provider is strictly prohibited. Certain images, graphics, photos, and text (including articles and informational pages) are provided (or made available for use) as part of the template for the specific website we are hosting for you through the Service. You agree not to download, copy, reproduce, extract, or otherwise use any such image, data, or content for any purpose that is separate or apart from the template website we are hosting for you. Provider does not claim ownership rights in any image uploaded by you to your account; however, for the sole purpose of enabling Provider to display your images and data through the Service, you grant Provider a non-exclusive, royalty-free license to use, copy, distribute, and display the images and information that you submit. You are responsible to make sure all images, text, and other information you upload to the site, modify on the site, or that you provide to Provider to upload to the site do not violate any copyright, trademark, patent, or other intellectual property right or any moral right of any third party. Unless you can prove that you are the owner or original photographer, you are responsible to obtain a license or copyright release from the owner of each file that is uploaded to your website.

13. Disclaimer, Liability, and Indemnity: Provider does not control the Content of your account or the content of the IDX listing data and does not have any obligation to monitor such content for any purpose. Provider disclaims and makes no warranties or representations, either express or implied, by statute or otherwise, with respect to the software or documentation of the Service, including any warranties with respect to quality, accuracy, timeliness, performance, non-infringement, merchantability or fitness for a particular purpose. The Service (including all websites, products, and services offered) are provided ""as is"" with no warranties whatsoever. You understand and agree that the submission of any digital content or film image to the Service, and the download or upload of any such material through the Service is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your content or image or any damage to your computer system or loss of data that may result in the download or upload of any such material. You are solely responsible for creating back-ups of your digital content. Provider makes no representation or warranty that the operation of the software will be error-free or uninterrupted. Provider uses a third party company (tucows, inc.) for email services associated with your domain. Because email services are not directly controlled by Provider, Provider is not responsible or liable for any problems related to your email accounts (including loss of data or unavailability) which are beyond its control. Although Provider will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, Provider can not guarantee that such events will not occur. Accordingly, Provider disclaims any and all liability resulting from or related to such events. Provider is not responsible for the content of the listing data submitted to the Service including: the accuracy of the data, any violations of federal fair housing or anti-discrimination laws, false or misleading advertising, or claims that the data may infringe upon the privacy of any U.S. patent, copyright, or other intellectual property right of a third party. You accept full liability against copyright infringement claims for all files available for download or display from your website that are located in the "client_uploaded_files" folder and the "client_provided_files" folder which you can review by logging in to your RealtyProIDX account or by clicking the copyright verification link(s) in email notices sent by Provider to the email address on file for your account.

YOU AGREE TO DEFEND AND TO HOLD HARMLESS PROVIDER AGAINST ANY AND ALL CLAIMS BY THIRD PARTIES FOR COPYRIGHT INFRINGEMENT OF ANY FILE OR IMAGE UPLOADED BY YOU OR BY ANY OTHER PERSON ON YOUR BEHALF (INCLUDING ANYONE WHO LOGS IN TO THE WEBSITE EDITOR OF THE SITE USING YOUR LOGIN CREDENTIALS).

IN NO EVENT SHALL PROVIDER BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE. PROVIDER IS NOT RESPONSIBLE FOR ANY COSTS, INCLUDING, BUT NOT LIMITED TO THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF ANY SOFTWARE, LOSS OF DATA, THE COST OF RECOVERING SUCH SOFTWARE OR DATA, THE COST OF SUBSTITUTE SOFTWARE, OR CLAIMS BY THIRD PARTIES. YOU ALSO AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PROVIDER (INCLUDING THE OFFICERS, EMPLOYEES, AND AGENTS OF PROVIDER) FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, SUITS, LIABILITY, DEMANDS, DAMAGES, COSTS, AND EXPENSES THAT MAY HAVE BEEN CAUSED EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL PROVIDER'S LIABILITY EXCEED THE AMOUNT OF YOUR SERVICE FEE FOR THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE DATE ANY SUCH CLAIM MAY ARISE.

14. Applicable Law and Jurisdiction: If any provision in these terms and conditions is held to be legally invalid or unenforceable, then both you and Provider shall be relieved of all obligations arising under such provision, but only to the extent that such provision is invalid or unenforceable, and these terms shall be deemed amended by modifying such provision to the extent necessary to make it valid and enforceable while preserving its intent; or if that is not possible, by substituting another provisions that is valid and enforceable and achieves the same objective and economic result. Any action to enforce a mediation or arbitration award or any injunctive relief sought pursuant to these terms and conditions shall be brought only in the federal or state courts in the state of Utah, and you consent to the exclusive jurisdiction of such courts.

15. Notices: All notices for the purposes of these terms and conditions made by you to the Provider shall be made in writing and shall be mailed to the following address: RealtyPro Solutions, LLC -- P.O. Box 3262 -- St. George, UT 84771. You may also fax notices to Provider at: (435) 674-0444. All notices made by the Provider to you will be made to the email address associated with your account. For this reason is important that you keep your contact information in your account current.

16. No Assignment or Reselling: You may not assign, transfer or sub-license any rights, interest, or benefits granted hereunder or any obligations assumed hereunder without the prior written consent of Provider. You agree not to resell the Services or to use the Services to provide services to a third party without prior written consent of Provider. The Provider does allow resellers to use the Services (at a discount rate) to resell, but any such agreement must be in writing. The terms of any such reseller agreements are considered an addendum to these terms and conditions.

17. Modification of Terms: Provider reserves the right to amend these Terms from time to time. If these terms are modified, you will be notified by email and/or be required to re-accept the terms when you log in to your account. If you continue to use the Service once you have been notified of the changes to these Terms, it will be deemed that you have accepted the changes. The date and time that you accepted these terms and conditions is stored in the database by Provider and constitutes proof of your digital signature which shall be considered a true and valid signature for all purposes hereunder and shall bind you to the same extent as that of an original signature. You may view the current terms and conditions at any time by clicking the link at the bottom of the website once you have logged in to your account.

Thank you for choosing RealtyProIDX.com and RealtyPro Solutions as your real estate IDX website service Provider. We value you as a customer, and want to make sure that you get an exceptional value from our services. Our goal is to provide you with the highest level of quality products, service, and support. If you have any questions, concerns, or suggestions, please send us an email or give us a call at (435) 674-0555. We appreciate your business and your feedback and will do all that we can to help ensure your success!