| --- ADVERTISER SERVICE AGREEMENT --- ACCEPTANCE THROUGH USE ClosedHomes.com is owned and operated by TheLocalListings.com, hereafter referred to as Company, We. By subscribing to ClosedHomes.com service You agree to all conditions, and notices contained or referenced herein the 'Service Agreement'. WHO WE ARE AND WHAT WE DO ClosedHomes.com is simply an online (Internet) advertising company. We sell Internet advertising subscriptions to advertisers. When you subscribe to our service, we provide you with Internet advertising webspace on the ClosedHomes.com website. Within your advertising webspace you may add your contact and business information; this information includes text, and pictures that you may upload. ClosedHomes.com will display your information to end-users who visit our site. More specificaly, when an end-user searches for listings within a county and state of their choice, and if you have purchased a subscription to that specific county and state, then we will show your information to that end-user. The end-user may choose to contact you from the information you provide them in your advertising webspace on our site. ClosedHomes.com does not guarantee the amount of leads you will receive as a result of purchasing a ClosedHomes.com subscription. ClosedHomes.com is only an online (Internet) advertising company and We do not provide legal, appraisal, or any other professional real estate services, nor do we employ any real estate professional such as Realtors or Brokers. ELIGIBILITY FOR SERVICE If you purchase any service offered by ClosedHomes.com you agree that: * You will abide by this service agreement; * All information you supply to ClosedHomes.com, to the best of your knowledge is true and accurate; * You are eighteen years of age or older; * The Company, expressly has the right to remove any of your information from the ClosedHomes.com website if you are not in compliance with any policy in this Service Agreement, including disabling, cancelling, or removing your entire account. FEES AND REFUNDS All subscriptions are set up on a pre-pay basis. All sales and charges are final and refunds are not given. Your total charges may be discounted depending on which billing cycle you choose. Fees are due on the anniversary of each billing cycle term (for example: every 3 months.) There is a 10 day grace period for unpaid subscriptions; after the 10 day grace period, if subscription fees have not been paid, the location you subscribed to becomes open for another advertiser to purchase, at which time you may loose your reservation to that location. You agree to allow 'TheLocalListings.com dba ClosedHomes.com' to bill your card/account on each successive billing cycle anniversary date without obtaining your permission after the initial charge. You shall notify ClosedHomes.com of any changes in your card number or expiration date, or your checking account information. If the card or check draft is not honored or declined for any reason, ClosedHomes.com may or may not attempt to notify you by using the information you have given as contact information on your advertising webspace. If alternative billing has not been established, your subscription may be terminated. It is your responsibility to keep your billing information up-to-date and current with us. DURATION/TERM OF SUBSCRIPTION Your subscription remains active with ClosedHomes.com until you cancel your subscription or until fees have not been paid and the grace period has expired as described above. Charges will be automatically deducted from your bank/credit account for the duration of your subscription and due upon each billing cycle's anneversary. CHANGES TO YOUR PERSONAL WEB-SPACE INFORMATION You agree to maintain the information of your personal web-space/listing to reflect the most current conditions (e.g., contact info, phone, email address, etc.). You may login to your account to change information as needed 24 hours a day, 365 days a year. PASSWORD AND USER ACCOUNT You are solely responsible for maintaining the confidentiality of your password and user account information. If you suspect any unauthorized use of the account, it is your responsibility to promptly notify ClosedHomes.com. We will not and cannot be liable for any loss or damage arising from your failure to adequately safeguard your user name and /or password, or to otherwise comply with this provision. You are entirely responsible for any and all activities which occur under your user account. WARRANTY DISCLAIMER No warranty's are made regarding the service. We do not guarantee that the service will be uninterrupted or error free. We exercize no control whatsoever over the content of information that is passed through our system. The service is provided on an 'as is' basis. RESPONSIBILITY OF USE You shall assume all responsibility for all content distributed, accessed, or viewed while using our service. Under no circumstance shall we be held liable for your actions while you are using the service. In the event of a court order, we may provide any and all information that they request of us to them. LIMITATION OF LIABILITY Under no circumstances shall We, our agents, our providers, or employees be liable for any damages, which result in any way from your use or inability to use the service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of your computer. In the event that we are found liable under any circumstance under the terms of this agreement, our liability shall be limited to the unused balance of your subscription payment pro-rated to reflect the current term/billing cycle. Although we do perform system backups on content, we shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. You should always keep your own backup of your webspace information. Except as otherwise set forth herein, We reserve the right not provide historical data, to any party for any reason, regarding any system or activity. We shall not be held responsible for any lost data. NO CONFIDENTIALITY Information transmitted through us and through the Internet in general is not confidential. We can not and shall not guarantee privacy or protection of you. We reserve the right to monitor your transmissions when deemed necessary for providing proper service and/or to protect the rights and property of our company. RESTRICTIONS OF USE You understand that the following restrictions are applied to the service: You May Not: Post offensive, sexually explicit, threatening, racial, hate, or SPAM content when using our service; Use your personal web-space for any other purpose than promoting your business; Post or transmit viruses or any harmful component to others; Transmit anything that is protected by copyright without permission; Attempt to violate the security of any computer network Engage in any illegal activity. END OF SERVICE AND CANCELLATIONS ClosedHomes.com reserves the right to cancel your subscription at any time. If you elect to cancel your subscription, all requests for cancellations must be made in writing, or by filling out our online form. You may send your cancellation notice to: ClosedHomes.com PO Box 5075 Klamath Falls, OR 97601 If total charges/payments have not been paid, and if automatic payments can not be deducted from your account, and you have not provided ClosedHomes.com current billing information within the grace period as described above, and if We can not contact You via the contact information you have provided to us, We may disable or cancel your subscription at our discretion in order to deliver the most up-to-date and relevant information to our visitors. If in the event you see that your subscription has been canceled or disabled by us, you may contact us to request a re-enabling of your subscription. We can not gaurantee that your preferred location will not be taken or reserved by another person if your subsription ends. ALL SUBSCRIBERS OF ClosedHomes.com MUST ADHERE TO THE ABOVE 'Service Agreement'. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT AND/OR SUBSCRIPTION TERMINATION. ---End of Agreement-- |