iHOUSEweb, Inc provides website creation service ("Service" or "Services") and hosting to its clients as a way for those clients to pursue the informational and commercial exchange the Internet affords. To protect the interests of all clients and to ensure optimal service levels, iHOUSEweb, Inc provides the following Terms of Service ("TOS") for clients as a guide to client rights and responsibilities when utilizing Services offered by iHOUSEweb, Inc. Use of any Service offered by iHOUSEweb, Inc by any client will constitute acknowledgment of and agreement to the TOS outlined in this document. These Terms and Conditions of Use also apply to the iHOUSEweb, Inc. website located at www.ihouseweb.com, the iHOUSEweb ELITE Marketing website located at www.ihouseelite.com, the IDXPro Marketing site located at www.idxpro.com and all other sites linked to www.ihouseweb.com. Those sites are the property of iHOUSEweb, Inc. iHOUSEweb, Inc may revise this TOS in part or in full at any time without notice to the client. If you, the client, do not agree to these TOS, do not use the Service.
All Services provided by iHOUSEweb, Inc may be used for lawful purposes only. iHOUSEweb, Inc does not monitor, edit, censor, or take responsibility for client Content or communications from within the network controlled by iHOUSEweb, Inc, except inasmuch to determine if violations of the TOS have occurred once a suspected violation has been brought to the attention of iHOUSEweb, Inc. Therefore, clients are solely responsible for the Content and use of their Service as provided by iHOUSEweb, Inc, and should ensure that such use falls within the guidelines of the TOS. iHOUSEweb, Inc cannot and will not monitor, edit, censor, or otherwise interfere with information or Content clients may retrieve from sources outside the iHOUSEweb, Inc network even when such information is made available to clients through the use of material deliverable to any website or Service maintained by iHOUSEweb, Inc such as via email. Because of this, iHOUSEweb, Inc will not be responsible for injury or liability to any client resulting from communications, which may be offensive, misleading, illegal, or otherwise unsuitable in the view of the client. Clients further agree to indemnify and hold harmless iHOUSEweb, Inc or any of its subsidiaries from claims resulting from the use of any provided Service that damages the client or any other party.
Also, all content on www.ihouseweb.com, www.ihouseelite.com and www.idxpro.com including but not limited to text, APIs, graphics, photographs, trademarks, logos, sounds, artwork and computer codes and also the design, structure, selection, coordination, and arrangement of such content is owned by iHOUSEweb, Inc., and is protected by trade dress, copyright, trademark laws, and various other intellectual property rights and unfair competition laws. Nothing herein shall be construed to grant you any right, title or interest in or to any such intellectual property, and you agree that you shall not at any time make any claim to any right, title or interest in or to such intellectual property.
You may use information on iHOUSEweb, Inc. products and services (such as data sheets, help center articles, and similar materials) purposely made available by iHOUSEweb, Inc. for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
The following is a partial list of the kind of Content and activity that is prohibited on any website and through the use of the Services. iHOUSEweb, Inc reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by the client, or to restrict, suspend, or terminate client's access to all or any part of the Services at any time, with or without prior notice, and without liability if we believe client is in violation of this provision. iHOUSEweb, Inc further reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities:
Client agrees that you will not:
Any activity not defined above but judged by iHOUSEweb, Inc to be harmful to other clients or general operations of the network will be addressed on a case-by-case basis.
The final choice of whether an account is in violation of any of these policies is at the sole discretion of iHOUSEweb, Inc. Violation of any of these policies may result in tracking information being stored to identify the offending client, and permanent restriction from holding an account on the Service.
Recognizing the global nature of the Internet, clients agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, clients agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which the client resides.
To Log in to the Admin Menu and cancel an option follow these steps:
*Price protection does not apply to some IDXPro services. Some MLS providers may charge additional fees, which are subject to change at the MLS discretion. Increases in additional MLS fees may be passed on to IDX subscribers. Every effort will be made to notify such subscribers ahead of time.
All fees paid for domain registration are non refundable, without exception. Accounts are payable in full at the time of account creation. Accounts for which payment by credit card is selected are subject to suspension if payment cannot be processed at the time of account creation. All accounts on monthly plans will be automatically charged at the first of every month. Any account reaching thirty days past due is subject to suspension for nonpayment. All invoicing and payments are automatic and recurring based on the contract length specified by the client at the time of account setup or by request after setup has been completed.
As a courtesy, your account will be downgraded if your MLS Board paperwork has not been received within 10 business days. Please note this is a benefit to you. This will prevent you from being charged for the IDX feature if is not being utilized.
Domain names initially purchased through iHOUSEweb will be automatically renewed for 1 year when expiring unless iHOUSEweb is contacted at least 2 weeks prior to renewal with notification not to renew. Domain names are purchased through our registrar and are non-refundable.
Import from MLS Feature Important Notes
*Price protection does not apply to some IDXPro services. Some MLS providers may charge additional fees, which are subject to change at the MLS discretion. Increases in additional MLS fees may be passed on to IDX subscribers. Every effort will be made to notify such subscribers ahead of time. Spotlight's purchased on iHOUSEweb websites will be shut down at the end of term of the iHOUSEweb website.
You are entirely responsible for maintaining the confidentiality of your iHOUSEweb, Inc. account information, including your password, and for any and all activity that occurs under your account. You agree to notify iHOUSEweb, Inc. immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else's ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. iHOUSEweb, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to www.ihouseweb.com may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
This marketing websites and products may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under iHOUSEweb, Inc.'s control, and iHOUSEweb, Inc. is not responsible for and does not endorse the content of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
iHOUSEweb, Inc reserves the right to refuse, cancel, or suspend Service at its sole discretion. All clients, direct or indirect via resold account and all sub networks and subsidiaries are subject to this TOS.
iHOUSEweb, Inc may use client websites as samples in advertising and other promotions. Additionally, iHOUSEweb, Inc may provide links to other approved vendors for which it may receive compensation as a result of traffic and/or transactions that ensue.
As a domain registrar, iHOUSEweb, Inc is not required or authorized to police domain name registrations for copyright, trademark or other legal rights or restrictions. Responsibility for usage of any domain name is that of the client, not the registrar. Domain name charges are non-refundable.
This document and all portions of the iHOUSEweb, Inc website, including images, text, and scripts where ownership is not held by third parties are copyrighted by iHOUSEweb, Inc, Inc. No portion of this website or the Content contained within may be reproduced in any form, or modified or otherwise altered for use by any party without the express permission of iHOUSEweb, Inc. Nothing herein shall be construed to grant you any right, title or interest in or to any such intellectual property, and you agree that you shall not at any time make any claim to any right, title or interest in or to such intellectual property. Violations of the copyright held by iHOUSEweb, Inc on any material from this website may be reported to email@example.com
The client takes full responsibility for all taxes and fees of any nature associated with Services used or products purchased. iHOUSEweb, Inc shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by the client or through the Service.
Client agrees to indemnify and hold iHOUSEweb, Inc, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of client's Content, use of or connection to the Service, violation of these TOS, or violation of any rights of another.
You agree that iHOUSEweb, Inc. may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
You agree to abide by iHOUSEweb's copyright infringement claims policy. You also agree that iHOUSEweb, Inc. may, in its sole discretion and without prior notice, disable or deactivate all, or relevant portions of, your Site alleged to be in violation of the iHOUSEweb copyright infringement claims policy. All iHOUSEweb customers whose content is disabled or deactivated will receive a notice of copyright infringement, and may provide Counter Notification by mailing firstname.lastname@example.org and including the following: a) an electronic signature of the Customer; b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; and c) a statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, and stating the reasons for this belief. Upon receipt of a Counter Notification as described above, iHOUSEweb shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Complaining Party that it will replace the removed material or cease disabling access to it in ten (10) business days. iHOUSEweb will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless iHOUSEweb first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on iHOUSEweb system or network.
IHOUSEWEB, INC WILL NOT BE LIABLE 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 IHOUSEWEB, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT'S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY CLIENT TO FOR THE PAST THREE MONTHS OF THE SERVICE IN QUESTION.
CLIENT'S USE OF THE WEBSITES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT CLIENTS SOLE RESPONSIBILITY AND RISK. THE WEBSITES, AND ALL WEBSITE CODE, PLATFORM CODE, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IHOUSEWEB, INC AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
IHOUSEWEB, INC AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE WEBSITES, OR ANY WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET CLIENTS REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES, OR THE SERVER THAT MAKES THE WEBSITES, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IHOUSEWEB, INC MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE WEBSITES, OR CLIENT WEBSITE; (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO CLIENT'S WEBSITE; OR (C) THE COMPATIBILITY OF CLIENT'S CODE OR ANY OTHER CODE WITH ANY IHOUSEWEB, INC TECHNOLOGY.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT CLIENT'S OWN DISCRETION AND RISK AND CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT'S 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 CLIENT FROM IHOUSEWEB, INC OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE WEBSITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
IHOUSEWEB, INC IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR APPLICATION DEVELOPER ON THE WEBSITES, PLATFORM, APPLICATIONS OR WEBSITES.
The laws of the State of California shall govern this agreement and TOS without giving effect to any principles that may provide the application of the law of another jurisdiction. Client agrees to submit to the personal jurisdiction of the state courts and federal courts located within the State of California for the purpose of litigating all such claims or disputes. Any claim or dispute in connection with this agreement and TOS shall be resolved in a cost effective manner through binding non-appearance-based arbitration and has to be initiated within thirty days after it arises, or the cause of action is barred. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, iHOUSEweb, Inc may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
iHOUSEweb, Inc. administers and operates the www.ihouseweb.com, www.idxpro.com, and www.ihouseelite.com Sites from its location in Sacramento, California USA. Although these Sites are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. iHOUSEweb, Inc. reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.
Any feedback you provide shall be deemed to be non-confidential. iHOUSEweb, Inc. shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Effective March 2013