Terms of Service Agreement
All eNeighborhoods customers must agree to the following Terms of Service Agreement.
By requesting website development, hosting and/or other services from eNeighborhoods, you accept the terms of this agreement. If you do not wish to be bound by this agreement, please contact eNeighborhoods immediately to cancel your account.
Services and Pricing
The specific services you request will be outlined in the Site Setup and Subscription Summary email and/or faxed correspondence between you (and/or your representatives) and eNeighborhoods. Descriptions of the services and current pricing for the services are provided on the RECHANNEL.com website and may also be included in email and/or faxed correspondence between you (and/or your representatives) and eNeighborhoods. It is your responsibility to make sure that you understand the services that you are requesting and the current pricing for such services. You agree to provide eNeighborhoods with a valid credit card number and authorize eNeighborhoods to charge your credit card on file for any services or subscriptions you purchase. Please note that your credit card maybe charged for setup or design fees up to a week prior to the Getting Started Meeting. Furthermore, eNeighborhoods reserves the right to collect sales tax when applicable.
Many of eNeighborhoods’ services are provided by the hour. Hourly services are billed in fifteen minute increments and are provided “as is.” Any changes and/or revisions you request to services provided on an hourly basis will be billed in conjunction with performing the services. Telephone calls, meetings, correspondence and other tasks required to perform the services you request will also be billed in conjunction with performing the services. Hourly services purchased on a pre-paid basis must be used within 60 days of purchase; no refunds will be given for unused hourly services purchased on a pre-paid basis. You may exchange hourly services pre-paid at one price for a proportionate amount of hourly services at a greater or lesser price (for other types of services). You will receive one or more billing statement(s) outlining hourly charges for services you request.
Monthly, Quarterly and Annual Services
Many of eNeighborhoods’ services are provided by the month, quarter or year. The initial pricing for such services will be established in the Site Setup and Subscription Summary email and/or faxed correspondence between you (and/or your representatives) and eNeighborhoods. You agree to provide eNeighborhoods with a valid credit card number and authorize eNeighborhoods 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 eNeighborhoods 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, eNeighborhoods 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.
Customer support is provided by telephone and email, Monday through Friday, between 9AM and Technical support requests relating to errors in, or the improper functioning of, the services is provided at no cost by eNeighborhoods. All other requests for support, training, customization and/or other services will be billed in conjunction with providing the services, based on eNeighborhoods’ then current pricing at the time of such request.
Ownership of Services
eNeighborhoods (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 eNeighborhoods’ 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 eNeighborhoods (or its affiliates). You may copy and reuse content and/or graphics designed specifically for you by eNeighborhoods; provided, however, that all source files for such content and/or graphics remain the exclusive property of eNeighborhoods and such source files will not be provided to you or your representatives for copy, modification or reuse. An eNeighborhoods copyright mark will be placed on all publicly accessible web pages included in the services.
Domain Name Registration
eNeighborhoods will register all domain names that you request in your name and you will be the sole owner of your domain name(s). eNeighborhoods will pay your Internic registration fees on your behalf as long as you maintain an active account in good standing. eNeighborhoods makes no representation that the domain names you request can be registered or that they can be registered in your name. Therefore, do not assume registration of your requested domain name(s) until you are notified by eNeighborhoods that registration of your domain name(s) has been completed. Registration and use of domain name(s) that you request are subject to the terms and conditions of use applied by the relevant naming authority. eNeighborhoods strictly prohibits the “pointing” and/or “redirecting” of domain names to its services by third parties; all domain names used to access the services must be purchased and managed by eNeighborhoods.
MLS Data Services
eNeighborhoods 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 eNeighborhoods. You are also solely responsible for any fees charged by the MLS data supplier. eNeighborhoods and/or the MLS data supplier will provide you with all necessary documentation, contracts and fees required to participate in the MLS data services. eNeighborhoods 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 eNeighborhoods can place a reasonably sized and positioned logo and/or text link on website pages included in the services. You also agree that eNeighborhoods may reference its relationship with you for marketing purposes.
You must provide eNeighborhoods with a valid credit card in order to activate your account. You authorize eNeighborhoods 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 and/or fax. You agree to keep your credit card information updated, and to provide eNeighborhoods with a new valid account number if your old card is deactivated or does not have sufficient credit available to pay your fees. eNeighborhoods 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 for services you request.
If you wish to dispute any fee eNeighborhoods charged to your credit card, you agree to discuss such dispute with eNeighborhoods and work towards a resolution. You expressly agree to not dispute fees with your issuing credit card company, which could result in a “charge back” to eNeighborhoods. Declined, refused and/or returned payments may result in a $50.00 service charge payable immediately.
Cancellation and Termination
At any time, you may terminate your account with eNeighborhoods by providing written notice to eNeighborhoods 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. eNeighborhoods will terminate your services including any website hosting, domain name, email and other services provided to you by eNeighborhoods 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.
eNeighborhoods has the right to store and/or transmit information you provide through the services and you agree to indemnify and hold eNeighborhoods harmless against any and all claims or causes of actions that may arise with respect to the information against eNeighborhoods (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 eNeighborhoods 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 “spamming,” as determined by eNeighborhoods in its reasonable discretion; (ii) you shall keep secure any identification, password and other confidential information relating to your site and shall notify eNeighborhoods 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 eNeighborhoods, exposes eNeighborhoods 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.
Information Collection and Use
By using the services, you authorize eNeighborhoods 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.
3rd Party Advertisers
Certain advertising information may be displayed through the services at eNeighborhoods’ sole discretion. The display of advertising information shall not entitle you to any advertising fees or revenues from such advertising unless otherwise explicitly agreed to in writing by eNeighborhoods. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that eNeighborhoods shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Services may include links to other World Wide Web sites or resources. Because eNeighborhoods has no control over such sites and resources, you acknowledge and agree that eNeighborhoods 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 eNeighborhoods 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.
Modifications to This Agreement
eNeighborhoods may modify this agreement at any time. Any modification is effective upon the posting of same by eNeighborhoods on its website. eNeighborhoods may also notify you of any modifications by email and/or faxed correspondence to you.
THE SERVICES AND ALL INFORMATION PROVIDED BY ENEIGHBORHOODS IN CONNECTION WITH THE SERVICES IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, AND YOU ACCEPT THE SOFTWARE, AS CUSTOMIZED FOR YOUR SITE, AT YOUR OWN RISK.
Limitation of Liability
In no event shall eNeighborhoods or any of its affiliated or related parties be liable for any damages nor shall any user hold eNeighborhoods 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 eNeighborhoods 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.
You hereby agree to indemnify and hold eNeighborhoods 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.
This agreement constitutes the entire agreement between you and eNeighborhoods 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.
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 eNeighborhoods to any third party, in eNeighborhoods’ sole discretion and without notice.
eNeighborhoods’ failure to act with respect to a breach by you or others of this agreement does not waive eNeighborhoods’ right to act with respect to subsequent or similar breaches.
YOU HEREBY REPRESENT TO ENEIGHBORHOODS 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 ENEIGHBORHOODS, YOU AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT, AND ANY OTHER AGREEMENTS OR STATEMENTS REASONABLY NECESSARY FOR ENEIGHBORHOODS TO PROVIDE AND ACCOUNT FOR THE SERVICES.
eNeighborhoods is based in West Palm Beach, Florida, in the United States of America. eNeighborhoods makes no claims that the Services are appropriate or may be used or downloaded outside of the United States. Access to or use of the Services may not be legal by certain persons or in certain countries. If you access or use the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You agree that this agreement is governed by and shall be construed in all respects under the laws of the State of Florida, 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 and eNeighborhoods each irrevocably agree to submit to the exclusive personal jurisdiction of the Florida state courts sitting in West Palm Beach County, Florida, and you and eNeighborhoods each 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.
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.
All notices to eNeighborhoods under this agreement shall be in writing and delivered via e-mail to: firstname.lastname@example.org. You may also mail written notices to:
eNeighborhoods, Inc.One Park Place
Boca Raton, Florida 33487
© 2005 eNeighborhoods, Inc. All rights reserved