TERMS
Nick Turner, LLC is a registered developer for (IDX Services) as outlines below.
Terms of Service
By using IDX, Inc. (“IDX”) products, Software, services or web sites (“IDX services”), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the “Terms”). We may update the Terms in the future, and you will be able to find the most current version of this agreement at http://www.idxbroker.com/termsofservice.php
USE OF SERVICES
IDX Inc., its subsidiaries and affiliated companies (“IDX”) offer services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of IDX services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify IDX of any unauthorized use of your password or account or any other breach of security. IDX cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
CUSTOMER SUPPORT
Customer support is provided by telephone and email, Monday through Friday, between 8AM and 5PM PST. Technical support requests relating to errors in, or the improper functioning of, the services is provided at no cost by IDX, Inc. All other requests for support, training, customization and/or other services will be billed in conjunction with providing the services, based on IDXs’ then current pricing at the time of such request.
APPROPRIATE CONDUCT
You understand that all information, data, text, email, listings, Software, photographs, graphics, video, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. IDX reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via IDX services. You understand that by using IDX services you may be exposed to Content that is offensive, indecent or objectionable, and that you use IDX services at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using IDX services and for any consequences thereof. You agree to use IDX services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts IDX services or servers or networks connected to IDX services.
In addition to this agreement, your use of some specific IDX services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement.
IDX PRIVACY POLICY
By using IDX services, you acknowledge and agree that IDX may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of IDX, its users or the public as required or permitted by law.
You understand that the technical processing and transmission of IDX services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.
PROPRIETARY RIGHTS
IDX’s Rights
You acknowledge and agree that IDX services and any necessary Software used in connection with IDX services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Except as expressly authorized by IDX or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, IDX services or Software, in whole or in part except as specifically authorized in a separate written agreement.
Subject to the Terms, IDX grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by IDX in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to IDX services. You agree not to access IDX services by any means other than through the interface that is provided by IDX for use in accessing IDX services except as specifically authorized in a separate written agreement.
Except as expressly authorized by IDX you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter IDX’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the IDX services or Software.
Your Rights
IDX claims no ownership or control over any Content submitted, posted or displayed by you on or through IDX services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through IDX services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through IDX services which are intended to be available to the members of the public, you grant IDX a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on IDX services for the purpose of displaying, distributing and promoting IDX services. IDX reserves the right to syndicate Content submitted, posted or displayed by you on or through IDX services and use that Content in connection with any service offered by IDX. IDX furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
GRANT OF LICENSE
This License Agreement (License) permits you to use a single login, on a single domain name (URL). The Software is licensed as a single product, to an individual user, or group of users for Multiple User Licenses and Site Licenses. This Agreement requires that each user of the Software be Licensed, either individually, or as part of a group. A Multi-User License provides for a specified number of users to use this Software at any time. This does not provide for concurrent use across multiple domain names (URL’s) unless specifically agreed upon and ordered as such at an additional cost above the normal licensing fee. Each user of this Software must be covered either individually, or as part of a group Multi-User License. The Software is in use on a computer when it is accessed via web browser, a user logs in, or the software is hyperlinked from any source. The software may only be contained (whether built in or framed) within one primary domain name (URL), unless specifically agreed upon in the service agreement.
Limitations on License. Except as expressly set forth in this Agreement, no rights are granted to do any of the following, and you shall not, and shall not cause or allow anyone else, to do any of the following: (a) use, display, access, distribute, transfer, alter, or modify the licensed content, or otherwise create any derivative works of the licensed content, (b) download, distribute, export, deliver, or transmit any of the licensed content, including to any computer or other electronic device, (c) sell, grant access to, or sublicense the licensed content, or any portion of the licensed content, to any third party. You agree to take all reasonable steps necessary to protect the licensed content from unauthorized access, distribution, copying or use. Additionaly, you agree to never use crawlers, rogue bots, site scrapers or any automated script/software or method that attempts to mine the listing content on your own or any other accounts in the system. You acknowledge that we may block access to our servers and/or membership and if discovered your account will be immediately terminated without prior notice.
MLS DATA SERVICES
IDX, Inc. provides certain services that are provided in-part by third party Multiple Listing Services (MLS). Your use of such services is subject to the terms and conditions set forth by each individual 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 IDX, Inc.. You are also solely responsible for any fees charged by the MLS data supplier. IDX, Inc. and/or the MLS data supplier will provide you with all necessary documentation, contracts and fees required to participate in the MLS data services. IDX, Inc. is not responsible for the accuracy, completeness, functionality, usability, availability or merchantability of the MLS data services provided by third party MLS data suppliers. The use of MLS data services is strictly at your own risk and there is no guarantee or implied warranties provided by IDX, Inc.
EMAIL SERVICES
You hereby agree as follows: (i) you shall not use the Services for “spamming,” as determined by IDX, Inc. in its reasonable discretion; (ii) you shall keep secure any identification, password and other confidential information relating to your site and shall notify IDX, Inc. 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 IDX, Inc., exposes IDX, Inc. 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.
SOFTWARE AND AUTOMATIC UPDATES
Your use of any Software provided by IDX will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. IDX Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop IDX services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.
GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that IDX has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by IDX services. You acknowledge that IDX may have set no fixed upper limit on the number of transmissions you may send or receive through IDX services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
MODIFICATIONS TO SERVICE
IDX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, IDX services (or any part thereof) with or without notice. You agree that IDX shall not be liable to you or to any third party for any modification, suspension or discontinuance of IDX services.
BILLING POLICIES
Payment on services will be due upon approval of the listing data display from your MLS and activation of your IDX account credentials. Credit cards will be billed on or around the same day of the month in which your account credentials were originally established. (For example, if your account was activated on the 25th of the month, your credit card would be billed on or around the 25th of the next month and the months to follow). Services and charges will continue on a month-to-month basis, unless otherwise stated in this agreement. Once payment has been collected, refunds are not available.
In the event that you may choose to cancel services with IDX, Inc., please provide notice prior to your monthly billing date, as detailed above. This payment is for active service for the entire monthly billing cycle, whether the user logs on or not. There will be no pro-rated refunds for accounts terminated before the end of the monthly billing cycle. Service cancellations must be received via email, fax or US postal mail. This contact information can be found on our contact page at idxbroker.com. Cancelled accounts will automatically be terminated at the end of the billing cycle, as long the request is received prior to the monthly billing date, as explained above. Your account will remain active until automatically terminated by the billing program. There will be no cancellation fee for this, nor will there be a refund for any unused service until the end of the billing cycle, as your account will remain active until that time. Non-usage of an account is not proof of cancellation of service. Subscribers are responsible for full payment on all accounts whether or not the account is ever utilized until such time as the account is cancelled by appropriate notice.
TERMINATION
You may discontinue your use of IDX services at any time. You agree that IDX may at any time and for any reason, including a period of account inactivity, terminate your access to IDX services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to IDX services, your account or any files or other content contained in your account. Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions and Limitations and choice of law, severability and statute of limitations within these Terms, shall survive expiration or termination.
LINKS
IDX services may provide, or third parties may provide, links to other World Wide Web sites or resources. IDX may have no control over such sites and resources and you acknowledge and agree that IDX 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 IDX 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.
CLIENT ANNOUNCEMENTS
We reserve the right to publish new customer signups and positive feedback at our website and other public forums, such as news websites, blogs and other industry specific websites. If you do not want us to quote your positive experiences or announce your use of our service you must notify us in advance. If notice is received after initial publication date, we will remove any notices generated from these said announcements promptly on idxbroker.com. You shall indemnify and hold harmless IDX, its affiliated companies and third party vendors against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys fees) arising out of or relating to these announcements.
INDEMNITY
You agree to hold harmless and indemnify IDX, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “IDX and Partners”) from and against any third party claim arising from or in any way related to your use of IDX services, violation of the Terms or any other actions connected with use of IDX services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, IDX will provide you with written notice of such claim, suit or action.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF IDX SERVICES IS AT YOUR SOLE RISK. IDX SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IDX AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- IDX AND PARTNERS DO NOT WARRANT THAT (i) IDX SERVICES WILL MEET YOUR REQUIREMENTS, (ii) IDX SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF IDX SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH IDX SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF IDX SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IDX OR THROUGH OR FROM IDX SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IDX AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IDX OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE IDX SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM IDX SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON IDX SERVICES; OR (v) ANY OTHER MATTER RELATING TO IDX SERVICES.
EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
NOTICE
You agree that IDX may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on IDX services.
GENERAL INFORMATION
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and IDX and govern your use of IDX services, superseding any prior agreements between you and IDX for the use of IDX services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other IDX services, partner services, third-party content or third-party Software.
The section headings in the Terms are for convenience only and have no legal or contractual effect.
Terms Of Service (Web Hosting Agreement)
This web hosting agreement is between WPIDX.com (referred as ” Host”) and the person (referred as “client” or “customer”, whether legal or individual) who electronically submits his/her service order to seo-host.com using the “Order” form. It is assumed that the customer has read thoroughly, each clause, segment and part of this agreement before signing up for Multiple C Class IP Hosting.
Services
Subject to the clauses and terms put forward in this agreement, and contingent on the satisfaction of the customer’s credit approval system of WPIDX.com, WPIDX.com agrees to provide the Multiple IP hosting services as described on the order page.
Term
The initial service term of the agreement generally begins on the date the customer is sent an e-mail fromWPIDX.com announcing the activation of the customers account and shall continue until the number of months paid for (as per current tariffs). Upon expiration of the initial term, this agreement shall automatically renew to a period same as the original term unless stated otherwise by the customer or WPIDX.com. For any kind of changes in renewal term, the customer must issue a written notice 30 days prior to date of expiry.
Payments
Fees: Fees are payable in advance. All dues MUST be cleared before the commencement of each billing cycle. The billing cycle offerings currently stand at monthly, quarterly, semi annually, annually or otherwise if stated in the order form. If the payment is made through a debit/credit card, the customer authorizes WPIDX.com to bill subsequent bills to the same card. Invoices would be mailed electronically to the customer after the bill has been charged to the card on file.
All payments must be made in USD (United States Dollars). The customer is liable to keep all billing information on file with WPIDX.com up to date. It is the customer’s responsibility to update his/her billing information (credit/debit card changes, changes in billing address etc.). WPIDX.com may suspend Multiple C Class hosting services to the client if any service fees are overdue. Fees not disputed with 30 days of due date are conclusively deemed accurate and may not be disputed any later than 30 days.
Early Termination: The customer aknowledges that the amount of the fee for the Multiple C Class IP Hosting service is based on the customer’s agreement to pay the fee for the entire initial term.
Compliance with ALL laws
The customer agrees to use the Hosting service in a manner consistent with all applicable laws and regulations of the United States of America, the Common Wealth of Florida and elsewhere. Reproduction or transmission of any kind of material in violation of any local, state, national or international law or regulation is strictly prohibited. The customer agrees that any material reproduced or transmitted on WPIDX.com’s hosting services through the customer’s hosting account does NOT violate any copyright, trademark, patent, statutory, common law, proprietary rights etc.
Customer Information
Upon signing up for a Hosting service with WPIDX.com, the customer warrants that any information provided to WPIDX.com by him, her or it is entirely precise and accurate. The customer must be over 18 years of age to avail of the hosting services provided by WPIDX.com. WPIDX.com shall rely on all customer information provided as primary contact info to contact and inform the customer of any matter that may concern him/her or the Multiple IP hosting service provided by WPIDX.com. In case the primary contact information has to be changed, the customer must issue a written notice to WPIDX.com with updated contact details and then allow SEO Host at least 72 hours to put the changes into effect.
Indemnification
The customer agrees to indemnify and hold harmless WPIDX.com, its management, its employees and all of its agents from and against all kinds of claims, liabilities, demands, losses, obligations, fines, damages, penalties and any kind of losses incurred by the customer because of any hosting service provided by WPIDX.com. Any kind of blame, penalties, losses, attorney fees imposed upon WPIDX.com by a 3rd party resulting from violation of any legal law by a customer would be taken up by the customer. The customer will be held liable for any kind of TOS violated under the customer’s account by any person, irrespective of whether the person was authorized to use the account or not.
Disclaimer of warranties
WPIDX.com does NOT warrant or represent that the WPIDX.com hosting services provided will be uninterrupted, error-free or entirely secure. To the extent allowed by law, WPIDX.com disclaims ALL warranties including the implied warranties of Merchantability, Fitness for a particular purpose, Non-infringement. To the extent permitted by law, all Multiple IP hosting services are provided on an “AS IS” basis.
Limitation of Damages
WPIDX.com shall not be held liable for any losses, loss of potential profits caused to the customer or any other party in connection with the customer arising from the hosting services provided by WPIDX.com or any of it’s contracted third party hosting services. WPIDX.com CANNOT be held responsible for any similar damage caused to the customer on related party which could have been avoided by the use of reasonable diligence arising in connection with the agreement even if WPIDX.com has been advised or should be aware of possibility of such losses and damages.
Without withstanding anything else in the TOS to the contrary, the maximum total liability WPIDX.com Host and any of its employees, staff, managers shall be monetary payment not exceeding the amount payable by the customer for 3 months of service.
Suspension
The customer agrees that WPIDX.com is permitted to suspend any of the services including WPIDX.com hosting provided to the customer byWPIDX.com without notice or liability at any point of time as deemed suitable to WPIDX.com, reasons including (but not limited to):
* WPIDX.com that the hosting services or any other service being used by the customer violates a clause of the TOS
* The customer does not co-operate with any reasonable investigation of a suspected violation of the TOS of WPIDX.com
* The customer threatens, disrupts, insults or harms any employee/staff member/customer of WPIDX.com intentionally or unintentionally.
* WPIDX.com reasonably believes that suspension of service (including Multiple C Class IP hosting) is necessary to protect the interest of other customers or WPIDX.com’s network.
* WPIDX.com can suspend the account if requested by a legal authority or law enforcement agency.
The customer may be charged a reinstatement fee for reinstituting services suspended by WPIDX.com.
Termination
The agreement may be terminated by WPIDX.com prior to the date of expiration of account without prior notice or any kind of liability. Some possible reasons for untimely termination of services include (but are NOT limited to):
* Upon 7 days of written notice sent to the customer regarding a payment outstanding, invoice unpaid or any other dues not cleared. Failure to clear all dues within 7 days of notice may lead to termination of services permanently.
* Customer intentionally/unintentionally materially violates any of the clauses listed in the TOS or the AUP and fails to cure the damage/loss within 7 days of infringement.
* As deemed necessary by WPIDX.com or any of its employees/managers/staffers.
The customer can terminate the agreement ONLY by submitting a written notice to WPIDX.com 10 days prior to the next billing date. A service can be terminated by a customer ONLY after ALL outstanding invoices in the customer’s account have been paid and all dues cleared.
Requests for customer information
The customer agrees that WPIDX.com can and may, without any prior notice to the customer:
* Report to appropriate authorities about any conduct/action of the customer thatWPIDX.com believes violates the law, WPIDX.com’s TOS or causes harm to any individual/company.
* Provide information about the customer or other end users to a law enforcement or regulatory agency upon demand or request, formal or informal.
Backup Copy
The customer agrees to maintain up-to-date backups of all his/her data hosted with WPIDX.com not withstanding any agreements or promises made by WPIDX.com to maintain back up services. In the dreaded event of data loss, WPIDX.com cannot be blamed/held liable for the loss of data irrespective of the value of information lost.
Changes to WPIDX.com’s network
Upgrades/Downgrades or similar changes to WPIDX.com’s network including, but not limited to software, hardware, staff, service providers, suppliers etc. may affect or interrupt services. WPIDX.com reserves the right to make changes to its network whenever it deems necessary without having to notify the customers who possibly might be affected by the amendment/change. WPIDX.com cannot be held liable for any harm caused to the customer resulting from downtime/interruption of service due to changes being made to WPIDX.com network, contracted hosting services or third party hosts.
Notices
Notices toWPIDX.com are to be sent via e-mail to the addresses listed on the website. Notices to customers too shall be given via electronic mail to the address on file with WPIDX.com as in accordance with the Primary Contact Information. All notices transmitted are assumed to have been received on the same day.
Force Majeure
WPIDX.com shall not be in default of any kind of obligation under the agreement if the failure to perform the obligation is due to an event or incident beyond the control of WPIDX.com. This includes, but is not limited to: all natural disasters and calamities, power failures, service downtime etc.
Unacceptable usage of resources
The following types of behavior and conduct on the customer’s behalf maybe the grounds for suspension of service pending investigation byWPIDX.com or a law enforcement agency. It may result in termination (without a refund) of account(s) such an investigation determines have been responsible for violating a clause or multiple clauses of the TOS or not be in accordance to the current applicable law.
* Posting a single article, or substantially similar article/data to an excessive number of news groups or forums or continual posting of off-topic discussions. Following a complaint by a newsgroup/forum/website due to inappropriate behavior by a customer and unethical methods of marketing an promotion of a website residing within the network of WPIDX.com, service to the customer may be temporarily suspended or permanently terminated.
* Sending unsolicited emails from WPIDX.com’s network with or without intention of marketing/promotion. This is treated as spam and would result in suspension/termination of service to the customer.
* Engaging in either inappropriate postings, copyright infringement, spam using services from a provider other than WPIDX.com for the promotion or marketing of a website that lies within the WPIDX.com network is also considered unethical and hence treated as a violation of a TOS. This would result in suspension/termination of services to the customer.
* Continual harassment of individuals over the internet even upon being asked to stop by the victims and/or WPIDX.com.
* Engaging in mail bombing (sending large volumes of emails to a particular individual’s e-mail address)
* Attempts to hack and gain access to another user’s personal information without the consent of the user.
* Network Unfriendly Activity: Attempts to interfere with regular operations ofWPIDX.com’s systems that hampers the smooth running of WPIDX.com or its network connections or any action that adversely affects the ability of users to useWPIDX.com’s services over the internet including but not limited to:
* Any unauthorized attempts to gain root access to any of WPIDX.com’s servers or other client’s accounts.
* Use of SEO Host’s services, servers and systems to disrupt services of another provider.
* Usage of server resources, network and bandwidth resources in a manner than hampers the performance of other accounts on the same server, other servers using the same network or any other system used by WPIDX.com to provide its services.
THIS AGREEMENT ALONG WITH THE ORDER FORM CONSTITUTES THE COMPLETE AND EXLUSIVE AGREEMENT BETWEEN SEO HOST AND THE CUSTOMER. IT IS ASSUMED THAT THE CUSTOMER HAS READ THE AGREEMENT THOROUGHLY AND AGREED TO EACH CLAUSE OF IT BEFORE SIGNING UP FOR MULTIPLE C CLASS HOSTING SERVICES PROVIDED BY WPIDX.com
Agreement is performed in Walton County, Florida. Any disputes brought forth against these terms, agreement or services must be filed in Walton County, Florida.





