| Terms of Service
Technology Solutions of SC Inc is not a real estate company. We maintain a real estate database in order to provide property search engines and e-mail notifier programs to the public and to our client base of
independent Realtors.
We do not provide any personal identifiable information to any third party. Your personal information is kept confidential.
All property information provided through our system is obtained directly from an MLS system, which retains the copyright on all information related to those properties. No property data will be passed on to a third party for commercial purposes.
The following terms of service apply to all accounts for Technology Solutions of SC Inc
IDX services or authorized partners. Usage of the IDX system indicates agreement to Terms of Service.
Agreement
If a client refuses to accept any future provisions or amendments, the client will have the option to cancel service as of the renewal date (see cancellation below for correct procedure). Failure to cancel service by the client will be deemed to be acceptance of any amended provisions or conditions to this agreement. If the client refuses to accept any future
provisions or amendments, Technology Solutions of SC Inc may, in its sole discretion, cancel the account forthwith.
Changes to this Policy
Technology Solutions of SC Inc reserves the right to change this policy at any time. Please check this page on a regular basis, or when clarification is needed. Technology Solutions of SC Inc endeavors to provide the best possible service to all our customers and in doing so will not permit any unlawful activity, abuse of our servers or any
unfavorable conduct. This and other Technology Solutions of SC Inc policies, procedures and guidelines are in effect to protect you, our other clients and ourselves from such harm.
Account
This agreement applies to all accounts, of any type (IDX, sub-accounts, resold hosting, pointers, sub-domains, sub-sites, redirection and other related services and activities) associated with you, the account holder.
Billing & Renewal Period
This agreement will be
automatically renewed each billing cycle. Full payment is required before any hosting services is rendered, including renewals and upgrades of service. Payment is due each billing period (one month, one quarter, biannually or yearly) and billing will continue until you specifically cancel your IDX account in writing.
Some accounts require prepayment and will therefore be billed one billing term in advance. In this case any additional charges incurred in a period that has already been
prepaid, including but not limited to excess bandwidth, may be billed with the next billing period or separately.
Cancellation
This Agreement may be terminated by either party with or without cause upon thirty (30) days advance written notice to the other party.
Cancellations must be received in writing by fax or postal mail and may require verbal conformation (to help ensure your account can not be canceled by someone other than yourself).
It is the clients
responsibility to ensure that the account is indeed canceled. Technology Solutions of SC Inc will confirm the cancellation of an account by e-mail, mail or fax. If such a confirmation is not yet received, then the account remains active and you will continue to be billed and invoiced for service. Cancellation does not absolve the client of any outstanding financial obligation and will make all outstanding obligations due on and payable by the date of cancellation.
Termination
Technology Solutions of SC Inc reserves the right to terminate your account at any time. If a client fails to resolve an issue with any unfavorable circumstances associated with their account, or for any other reason deemed appropriate by Technology Solutions of SC Inc, this agreement may be terminated at the discretion of Technology Solutions of SC Inc. Whenever feasible Technology Solutions of SC Inc will attempt to contact the client and resolve any unfavorable circumstances, however you
may not be contacted before your account is deactivated should the circumstances warrant an immediate suspension of services.
If the circumstances can not or have not been resolved by the client, Technology Solutions of SC Inc may permanently terminate the account. This involves discontinuation of services, disabling and deletion of the account and any related information stored the Technology Solutions of SC Inc servers if:
The client violates any term of this or any other
applicable agreement, any municipal, provincial or federal laws or regulations, or any policy or guideline set out by Technology Solutions of SC Inc on this website or in other communications with the client;
The client engages in conduct or posts material on the account's web site(s) that Technology Solutions of SC Inc in its sole discretion believes is harmful to other clients, the business or reputation of Technology Solutions of SC Inc or any third-party;
The client
engages in any activity that could or does overwhelm the server with heavy central processing unit (CPU) usage or that requires a disproportionate amount of the resources of the Technology Solutions of SC Inc server;
The client disputes the terms of this agreement or any amendment set out, from time to time, by Technology Solutions of SC Inc anywhere in an amended agreement, attached schedule to this agreement, on the Technology Solutions of SC Inc web site, or other communication of
terms with the client.
Any other circumstances deemed as grounds for termination by Technology Solutions of SC Inc
Content
Any and all services and facilities Technology Solutions of SC Inc can only be used for legal purposes under all international, federal, provincial and municipal laws. Violations of this or any other provision of this agreement can result in a suspension of service leading to termination or in Technology Solutions of SC Inc's sole discretion, an
immediate termination of service. This includes, but is not limited to:
Any infringement of copyright, trademark, patent, trade secret or other intellectual property right
pornography
hate propaganda
racist, threatening, slanderous, libelous or otherwise abusive content
the promotion or incitement of, or instructions for, the commission of illegal activities
mail fraud, multi-level marketing schemes or any fraudulent activities
content promoted through the sending of unsolicited e-mail (spamming)
information or other material that contains a virus, corrupted data or any other harmful or damaging component
Using any Technology Solutions of SC Inc service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited
Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or
hacking will result in your site being shut down.
Technology Solutions of SC Inc does not host sites of its competitors or web pages promoting sites of its competitors.
Technology Solutions of SC Inc will be the sole arbiter as to what constitutes a violation of this provision.
Commercial Advertising & SPAM
Technology Solutions of SC Inc is dedicated to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial
e-mail, from being sent either: over the Technology Solutions of SC Inc network, by customers or any other users of the Technology Solutions of SC Inc network (including customers' customers) and/or over any network, if the message sent advertises or mentions a site hosted on the Technology Solutions of SC Inc server.
Any unsolicited e-mail, hate e-mail, e-mail bombs, or any mass e-mail may not be found to be originated by Technology Solutions of SC Inc or it's client accounts
or to be distributed or processed by any of our clients. Also, your e-mail address or account is subject to the same conditions. Sending of unsolicited e-mail (spam), from any account on our server or using an e-mail address or domain that is hosted or otherwise associated with our server or company operations is not allowed in any form. This policy includes any opt-in or similar e-mail marketing programs, as such websites, e-mail accounts and domains will not be hosted by Technology
Solutions of SC Inc. Technology Solutions of SC Inc reserves the right to deactivate any e-mail accounts, domains or hosting accounts that we consider detrimental to performance. If your account or any part of your account is deactivated, you may be required to pay a reactivation fee of $50.
Accounts canceled due to Spam will be billed a clean up fee of $250.
Abuse of Hosting Accounts, E-mail and Server
Attempting to use too large a proportion of the server's
resources, damage or run damaging code, compromising security or otherwise attempting to do harm to our network and server is strictly prohibited. Technology Solutions of SC Inc reserves the right to suspend or deactivate the domain or hosting account of any offending abuse without any notice. It is the responsibility of the client to contact Technology Solutions of SC Inc and request potential account or domain reactivation.
All hosting accounts are for use by an individual or office
(multiple-agents) as specified in your Technology Solutions of SC Inc hosting agreement. To prevent abuse of our server resource hosting accounts can not be used to capture and sell leads to any third-party without written consent from Technology Solutions of SC Inc.
Refusal of Service
Failure to follow any term or condition will be grounds for immediate account deactivation. Technology Solutions of SC Inc reserves the right to refuse, cancel, or suspend service at our sole
discretion and for reasons that may or may not be disclosed to the customer.
Backups
Backups of configurations, backups of files and full backups are performed periodically. No guarantees of any kind are made, either expressed or implied, as to the regularity, scope or integrity of these backups. These backups are made for server restoration purposes only and are not intended for individual client use. It is the client's responsibility to maintain local copies of the files
and data stored on the web server.
FTP is made available for the backup of such files for the backup of data stored within a database.
Technology Solutions of SC Inc does not guarantee that backups stored on the server offer any kind of protection in a situation such as a server hardware or software problem, causing complete or partial server restoration.
Support Policy
It is the responsibility of the client to have an adequate working knowledge of their web site
operations. Please do not expect to be taught by Technology Solutions of SC Inc support personnel to teach you how to use the software and tools at your disposal.
Problems or malfunctions of non Technology Solutions of SC Inc hosting or other accounts requiring assistance from support will be acted upon only when proper support procedure is followed.
IDX Service Usage
IDX is provided to Clients on a per-site basis. It is delivered in this fashion to control and
monitor the search requests coming into the system so as to provide maximum performance and reliability. Each client is issued a single ID for the account and is restricted to usage of that ID on a single site and a single search page. Other links directly to specific searches are available and are referred to as "FastLynx". Clients utilizing FastLynx may be charged additional fees for each of the links.
Additional charges for IDX may be incurred for the following circumstances: Traffic/Bandwidth & Usage
Technology Solutions of SC Inc customers are discouraged from storing any files that cause excessive traffic on the Technology Solutions of SC Inc servers or from engaging in practices that
create multiple links into the IDX system. Please contact Technology Solutions of SC Inc for more information.
If the client exceeds the disk usage or data transfer limit of their hosting account, they may be billed for sufficient blocks of additional disk space or data transfer.
Limitations of Liability
Technology Solutions of SC Inc is not responsible for any failures, delays or interruptions in the delivery of any content or services contained on the Technology
Solutions of SC Inc server; or losses or damages arising from the use of the content or services provided by Technology Solutions of SC Inc, and for greater certainty and without limitation to the generality of the foregoing:
Technology Solutions of SC Inc liability to the client for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the fees paid by the client to Technology Solutions of SC Inc, for the affected period.
In no event will Technology Solutions of SC Inc be liable to the client for any indirect, incidental or consequential damages arising out of the service or in connection with the client web site or any other services or products provided to or by the client.
Technology Solutions of SC Inc, its officers, directors, owners, agents and employees, shall in no way be liable to the client or anyone else for any loss or injury resulting from use of the service or the Client's web site.
In no event shall Technology Solutions of SC Inc be liable for any damages, whatsoever, as a result of the notifying any official of potentially illegal content on the web site, providing copies of the client's web site to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
In no even shall Technology Solutions of SC Inc be liable for any damages, whatsoever, as a result
of the termination of this agreement.
Severability
If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect.
Indemnification
As a client, you agree not to harm Technology Solutions of SC Inc, its reputation, computer systems, programming and/or other Account Holders using Technology Solutions of SC Inc's services. Technology Solutions of SC Inc reserves the
right to select the computer for the client's web site for best performance. If the client breaches this Agreement, then Technology Solutions of SC Inc has the right to terminate service without any refunds of the unused portion prepaid by the client.
The client agrees to indemnify and hold harmless both Technology Solutions of SC Inc and other clients from any and all claims an/or costs (including legal costs) resulting from the clients use or abuse of their service in any manner.
If at any time, the client breaches any part of this contract and Technology Solutions of SC Inc has to engage the services of an attorney, then the client will pay any and all of the Technology Solutions of SC Inc's reasonable attorney fees and court costs. The client agrees to indemnify and hold Technology Solutions of SC Inc harmless from and against, and to reimburse Technology Solutions of SC Inc with respect to, any and all losses, damages, liabilities, claims, judgments,
settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) of every nature whatsoever incurred by Technology Solutions of SC Inc by reason of or arising out of or in connection with (i) any breach of this Agreement by the client, (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content on the Site, or (iii) illegal, libelous, slanderous, dangerous or
defamatory content on the website.
Technology Solutions of SC Inc does not offer any warranty or guarantee other than those expressly stated in the Terms of Service.
Technology Solutions of SC Inc reserves the right to amend our Terms and Conditions at any time and without notice.
Right to Refuse Service
Technology Solutions of SC Inc reserves the right to refuse services to any client. In the event that a client does not abide by the provisions set out in this
agreement or if Technology Solutions of SC Inc deems the client to be a hindrance to Technology Solutions of SC Inc, the client will be blacklisted and Technology Solutions of SC Inc will not provide any services to the client in the future. In such an event, Technology Solutions of SC Inc may give the client up to 15 (fifteen) calendar days notice to find another provider for their web hosting needs.
We reserve the right to refuse service to anyone for any reason not prohibited by
law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. |
