The use of services from Dynamic IDX, LLC [hereafter referred to as "the Company"] constitutes agreement to these terms.
All services provided by the Company may only be used for lawful purposes. The laws of the United States of America apply.
The customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email email@example.com with the information required.
Examples of unacceptable material on all accounts include:
IRC bots, proxy scripts / anonymizers, pirated software / warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), escrow, high-yield interest programs (HYIP) or related websites, investment websites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), autosurf websites, bank debentures, bank debenture trading programs, prime banks programs, lottery websites, muds / rpg's, hate websites, hacker focused websites/archives/programs, or websites promoting illegal activities, IP scanners, brute force programs, mail bombers and spam scripts. forums and or websites that distribute or link to warez content are prohibited.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 2 business days may result in the suspension or termination of your services. All abuse issues must be dealt with via a service ticket or email and will have a response within 2 business days.
If in doubt regarding the acceptability of your website or service, please contact us at firstname.lastname@example.org and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.
Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
The Company reserves the right to require changes or disable as necessary any website, account, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
The Company reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of the Company.
You agree to supply appropriate payment for the services received from the Company, in advance of the time period during which such services are provided. You agree that until and unless you notify the Company of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Payment of the monthly or annual fee covers The Company services for the entire billing cycle, whether or not you log onto your account. The Company will not refund fees paid.
Cancellations must be done via the on-line cancellation form. If you are unable to complete the on-line cancellation form, send us a written letter to the mailing address posted on the Company website. If you cancel a website with the Blog Lister service, it will also be canceled as it cannot be transferred to another website/domain. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic email message, such as "Your request has been received..." containing a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter or on the date you specified. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via this form or by phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed. All setup fees are non-refundable as are any advance payments on monthly or annual fees.
Invoices that have been paid more than once with multiple Paypal subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact email@example.com
Anyone paying in payments for their website setup will not gain access to the website's administrator section until full payment has been received. The Company is not responsible for changes that others make on your website once it is live. We suggest that you always have separate admin accounts setup for anyone who is working on your website and that you do not give out your login information.
Any outstanding balances must be paid in full before your website goes live. If you instruct the Company to make your website live, we may move your website off of our development servers to our live servers, however your will not be able to access your website until your account is current.
Once a website is ready for client review, the client will be notified via email and the website will be placed on a development URL. The website will be here during the client review and will be subject to monthly maintenance fees after being on the development URL for more than 30 days (10 days for Bronze packages) or when the website goes live (whichever is sooner). For our Frame product(s), monthly maintenance fees begin when the frame URL, admin username and password are provided.
As a client of the Company, it is your responsibility to ensure that your payment information and email address is up to date, and that all invoices are paid on time. Monthly or annual invoices are emailed 7 days prior to the 1st of each billing period and are due on the 1st of the month. The Company provides a 15 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 15 days and not paid will result in a 15% late fee of the current balance. Failure to pay by the end of that month will result in the suspension of the account/website(s) and there will be an additional $100.00 re-setup fee due, along with the account balance including the late fees. If your account is late 30 days or more twice in any 6 month period, your website can be disabled permanently and your back payments will be sent to collections at your cost. Accounts that have been 15 days late or more in consecutive two month periods can be disabled permanently.
Any fee(s) associated with the Company receiving an IDX (or RETS) feed from your MLS is the responsibility of the client. Monthly, quarterly, bi-annually, or yearly fee(s) charged by your MLS to the Company, are divided by the number of clients we have in your MLS, plus a 3.80% credit card processing fee (we only accept credit card payment for this). This MLS fee(s) is also subject to our late payment policy. Some MLS fees are absorbed by us once we have reached a set number of clients in your MLS.
Any MLS fines imposed by your MLS or your real estate association on your website hosted by the Company are the responsibility of the client or client's broker-in-charge.
Your use of the service is at your sole risk. The Company is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on The Company servers.
If you are editing your own website, via the the Company backend manager, it is recommended that you make a backup of the page you are editing before saving.
The Company reserves the right to cancel the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. All setup fees are non-refundable as are any advanced payments on monthly or annual maintenance.
Violations of the Terms of Service will waive any refunds.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the product package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
The Company reserves the right to change prices, and the right to increase the amount of resources given to our product packages at any time.
Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against the Company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless the Company against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with the Company; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; and (3) copyright infringement.
By using any the Company services, you agree to submit to binding arbitration. If any disputes or claims arise against the Company or its subsidiaries, such disputes will be handled by an arbitrator of the Company's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of South Carolina. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
Clients using our Blog Lister service whom have exclusive rights to an MLS/board or region agree to re-select the exclusive list if their MLS/board merges with one nearby or with a same state or regional MLS/boards. If this is to take place the Company will do its best to make sure you keep your primary market areas but in case of a disagreement, the Company has the right to make the final decision on which clients get which market areas.
The Company shall not be responsible for any damages your business may suffer. The Company makes no warranties of any kind, expressed or implied for services we provide. The Company disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by the Company and its employees.
The Company may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
Any work done by a third party on your website is allowed as long as it does not violate any contract you might have with another third party. The footer may not be modified in a way that suggest that the third party did the majority of the work to the website or that the website is "powered by", "Developed By" any company other than Dynamic IDX, LLC. The Company's branding will remain on all websites. Removal of such branding will result in your website being disabled.
Please read this page before sending a DMCA Takedown Notice to us.
The Company reserves the right to revise its policies at any time without notice.