Terms of Use : MyWeb Real Estate

MyWeb-RealEstate.com Terms of Service Agreement

You must accept the terms of this Agreement in order to use the MyWeb-RealEstate.com Services "(the service or services)".

NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.

MyWeb-RealEstate.com provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

MyWeb-RealEstate.com reserves the right to change or modify any of the terms and / or conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the MyWeb-RealEstate.com Web site (the "Site"). Your continued use of Services following MyWeb-RealEstate.com 's posting of any changes or modifications will constitute your acceptance of such changes or modifications.

Refunds:

If for any reason your are not satisfied with the Hosting Services provided, we offer a full money back promise. Simply cancel your Hosting Plan within the first thirty days of service and we will refund your money.

This Agreement shall be for an "Initial Term" as chosen by you in the selection of our services as 1G, 2G or 3G Hosting plans at the time you register for the Services or elect to have your web site hosted on MyWeb-RealEstate.com's server. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide MyWeb-RealEstate.com with notice of termination at least thirty (30) days prior to the end of the Initial Term or the Renewal Term. Alternately if you elect to terminate with no notice then your account will be suspened 10 days after the due date of the renewed term.

Content:

Unwanted Material

Any material or files that are, in our sole discretion, illegal, libelous, encourage conduct that would constitute a criminal offense, or otherwise violate any local, state, national, or international law or legislation are not permitted to be transferred by way of our services. Transmission, distribution, or storage of any information, data, or material in violation of United States or state regulation or law is prohibited. Copyright, trademark, or trade secret material may not be used without the permission of its respectful owner. Child pornography is prohibited on all MyWeb-RealEstate.com servers, nor are hate sites, warez sites, hacker sites, or sites with the intent to spam targets allowed. Spam is a direct violation and will get the site deleted without notice or refund. Any misuse of our services for any of the above purposes may result in site suspension or termination of our services.

If you are unsure whether or not your site falls into this category feel free to contact us with a description before signing up for an account or publish material as an existing customer.

MyWeb-RealEstate.com will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to any other server on the Internet.

Examples of unacceptable content:

Pirated software
Child pornography
Violations of Copyrights
Hacker programs or archives
Warez sites Hate propaganda

Commercial Advertising - Email:

Spamming, or the sending of unsolicited email, from an account or using an email address is STRICTLY prohibited. Any sites using spam or selling of spam related software or bulk email content will be closed.

Billing:

Your hosting account can be paid in 3 month, 6 month or 12 month intervals. Any other payment arrangements are at the sole descretion of MyWeb-RealEstate.com and can be terminated without notice.

You agree to pay automattically the setup fees and monthly hosting fees indicated for YOUR Hosting Plan, the hosting fees must be paid in full with or without invoices.

Overdue Payment and Termination of Account: Accounts will be disabled or terminated, at our discretion, if payment is not received by the renewal date with a ten (10) day grace period. If your account has been disabled, you will be charged a reconnection fee of $75.00 in order to and before we re-enable your account. Alternatively, the account may be terminated and all information within the account deleted. If you are not intending to pay for your web hosting account, or if you know that your payment will be late, it is your responsibility to back up your website files to ensure that you do not lose your data.

You may terminate this agreement by simply not using our services on the beginning cycle of your choosen plan or do not make your required payment for your choosen plan. This will automatically terminate this agreement after the 10 day grace period without additional billing or payment requirements. Note we do not impose late fees, after the 10 day grace period without payment your account will be suspended at our discretion.

There is a $125.00 site restoration charge if your site must be restored from one of our previous backups. We highly recommend you perform regular site backups on your own, and know how to restore your site your self. It can take up to 2 hours or more to fully restore a web site.

Cancellations:

Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

If you decide to cancel your hosting within the first 30 days, a $50 cancellation fee must be paid. Upon cancellation of an account, no further charges will be made to your credit card or account. If you are canceling prior to the end of your billing term (i.e. in the middle of the month, term , or the year if you paid for a year), the refund of the remainling balance is at the descretion of MyWeb-RealEstate.com and if a refund is warrented then the refund will be according to the number of days you have used for that term.

To cancel an account, send a short e-mail message with your name and your Web site's URL (sample: www.YourName.com) to: support .

Account Deactivations: Any account deactivated due to non-payment the website URL will be deactivated and we require a reactivation fee of $75.00 per account and any account balances due to be paid prior to reactivating the account.

Server Abuse:

Any attempt to undermine or cause harm to a server, or customer of MyWeb-RealEstate.com is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law.

Refusal of Service:

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Limitation of liability:

Your use of MyWeb-RealEstate.com's web hosting services are at your sole risk. All MyWeb-RealEstate.com services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.

MyWeb-RealEstate.com makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the MyWeb-RealEstate.com service(s).

The formation, construction and interpretation of this agreement shall be controlled by the laws of the United States. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the courts in the United States, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.

MyWeb-RealEstate.com reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting your order to MyWeb-RealEstate.com, you signify your agreement to these Terms of Service.

If you do not agree to these Terms, then please don't submit an order for web hosting!

Violations of these Acceptable Uses Policies and Terms of Service should be referred to support

Indemnification:

You agree to indemnify and hold harmless MyWeb-RealEstate.com, its contractors, owners, agents, partners, employees and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the services or any service of MyWeb-RealEstate.com, including but not limited to your violation of this Agreement. In no event will MyWeb-RealEstate.com, it's partners or persons working with, for or on behalf of MyWeb-RealEstate.com be liable for any damages, including, without limitation, direct, indirect, incidential, special, consequential, or punitve damages arising out of the use of or inability to use MyWeb-RealEstate.com's services, servers or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of agreement thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failrue of performance; error; omission; interuption; deletion, defect; delay in operation or transmission, deletion; defect; delay in operation or transmission; computer virus; file corrupltion; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of; or use of any record.

Other:

1. This Agreement and Statements herein make up the entire agreement between the parties, (those who host websites on MyWeb-RealEstate.com's Servers), regarding MyWeb-RealEstate.com, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statements or this agreement, it will not be considered a waiver.
4. MyWeb Real Estate is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, MyWeb Real Estate is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond MyWeb Real Estate's reasonable control.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Statement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.
9. You hereby acknowledge and agree that MyWeb-RealEstate.com will not be liable for any temporary delay, outages or interruptions of the Services. Further, MyWeb-RealEstate.com shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications, third-party supplier failure or payment disputes).
10. All complaints will be investigated promptly.
11. Serious violations of terms or conditions can be grounds for immediate account deactivation without refund.
12. Site Cancellation Notice or Account Deactivations, if you require a backup copy of your web site files due to cancellation or deactivation there is a $125.00 fee in plus all account fees must be up to date. This is provided the content or files still exist on our backups or the web server. Refer to #13.
13. Site Cancellation Notice or Account Deactivations, site purges and backups are performed 5-7 days after cancellation, termination or account deactiveations, file restores after file purges cost $200.00 provided the files are recoverable.

Choice of Law and Forum:

THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN CALIFORNIA, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

Severability:

If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

MyWeb-RealEstate.com will be the sole arbiter as to what constitutes a violation of these provisions in this agreement.