Terms, Conditions and Acceptable Use Policy

At RealtyGear, we value our clients and wish to provide them with the best possible experience. To offer you the best service possible, all clients need to follow the same rules and guidelines. These policies are intended to make the RealtyGear services available to all our clients as consistently and efficiently as possible.

Specific Acceptable Use Policies

Server abuse
Any attempt to undermine or cause harm to a server, or client, of RealtyGear is strictly prohibited.

Unauthorized use of other people's accounts or computers
RealtyGear will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a RealtyGear client, whether or not the attacked account or computer belongs to RealtyGear, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Terms of Data Transfer
Data Transfer limits for our plans are listed here. Any client who exceeds this limit will first be notified by RealtyGear to resolve the situation. No additional data transfer charges will be made by RealtyGear without prior notice to the client. Extra data transfer is charged at the rate of $9.00 per additional GIG.

Spamming
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Spamming on other servers which in turn contain links to a domain on our network is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and E-mail. If you are found to have spammed, we will contact you to resolve the situation. If it is a severe case then we will immediately, without warning, disable your domain until the situation is resolved. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. In addition any site selling or promoting bulk e-mail services is not allowed.

Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to CPU Time, Memory Usage, and Network Resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

Payment Policies
All accounts are set up on a pre-pay basis. Domain Registration fees are non-refundable. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. The client is responsible for all money owed on the account from the time it was established to the time that the client notifies RealtyGear in writing for a request for termination of services. All payment is in U.S. currency.

Service Cancellation
To make a cancellation request, you will need to fill out the cancellation request form. If this is not possible, you may mail a cancellation request to Story Gear, PO BOX 1697, Lafayette, CA 94549. You must include your Account Domain Name and Account Password for the account which you wish to cancel hosting for. We cannot accept cancellation requests over the phone for security reasons.

15 Day Money Back Guarantee
RealtyGear provides a 15 day money back guarantee for all full website accounts. If for any reason you request cancellation within 15 days of ordering your account you will be given a full refund including the setup fee. Please Note: Domain registration fees, single page website, and other services are not included with this offer.

Refusal of Service
RealtyGear reserves the right at its sole discretion to refuse or cancel service. Violation of any of RealtyGear's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Lawful Purpose
RealtyGear reserves the right to refuse service to anyone. Clients may only use RealtyGear's servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. RealtyGear expressly forbids anyone from using RealtyGear servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of RealtyGear management. In addition any site selling or promoting bulk e-mail services is not allowed.

Full Website RealtyGear Account Management Applications
We provide account management applications for the explicit use of our clients and their accounts with RealtyGear. Any usage of the applications outside of the management of your account or intended use of the applications is strictly prohibited.

The applications are provided to you "As Is", and we make no warranties, expressed or implied, as to their performance. We will not be held responsible for errors, interruptions in service, or loss of data as a result of these applications.

These applications remain the intellectual property of RealtyGear, including documentation and help files. It is protected by copyright law, other intellectual property laws, and by international treaties. We do not allow the modification or creation of derivative works from all or any portion of the RealtyGear Software, including translation or localization; (ii) reverse engineering, recompilation, disassembling or any other attempt to derive the source code for any RealtyGear application provided to you is not allowed.

Indemnification
Client agrees that it shall defend, indemnify, save and hold RealtyGear, StoryGear, and all associates harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against RealtyGear and StoryGear and its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, it's agents, employees or assigns. Client agrees to defend, indemnify and hold harmless RealtyGear and StoryGear against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with RealtyGear and StoryGear services; (2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to client from RealtyGear and StoryGear's services.

Disclaimer
RealtyGear and StoryGear will not be responsible for any damages a client may suffer. RealtyGear and StoryGear makes no warranties of any kind, expressed or implied for services we provide. RealtyGear and StoryGear disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by RealtyGear and StoryGear and its employees. RealtyGear and StoryGear reserve the right to revise its policies at any time. Failure to follow any terms and conditions may result in account deactivation.