PostYourHomes.com Puts Your Ads On All The Best Websites

Terms & Conditions

YOU AGREE THAT BY REGISTERING OR USING POST YOUR HOMES ONLINE SERVICE (THE "SERVICE" AS DEFINED BELOW) THAT YOU ARE AGREEING TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF SAID SERVICE.

Part of the Service that Post Your Homes will provide includes a browser interface, transmission, access and storage. This Agreement includes materials that are made available to clients on the Post Your Homes website. These materials are incorporated by reference herein and include but are not limited to Post Your Homes security and privacy policies. The Service is offered in both commercial and trial versions though this could change in the future. This Agreement governs your use of the Service under each specific version of the service. Please note that users of the commercial versions may be subject to additional terms and conditions that suit the commercial services being offered.
Definitions. As found in the current Agreement: "Content" refers to audio and visual information, software, products, documents, and services that are contained to or have been made available to you in the course of the Service; "Customer Data" refers to any material, data, or information that has been provided to or submitted by you to the Service while using the Service; "Intellectual Property Rights" refers to unpatented inventions, patents and their applications, design rights, trademarks, copyrights, trade names, service marks, rights to domain names, rights to mask work, know-how and other rights to trade secrets. This also includes all other intellectual property rights, derivatives thereof, and additional forms of protection based on a similar nature anywhere in the world; "Post Your Homes Technology" refers to the Post Your Homes proprietary technology (this includes hardware, software, processes, products, user interfaces, techniques, designs, tangible and intangible technical materials, algorithms, know-how, designs or information) that has been made available to you by the Post Your Homes website in providing the Service; "Service" refers to the Post Your Homes online customer relationship that includes such things, though is not limited specifically to, management, billing, data analysis, or other corporate services developed, operated, and maintained by Post Your Homes, which is accessible through http://www.postyourhomes.com or any other designated web site or IP address, or ancillary services that have been rendered to you by the Post Your Homes website or staff, to which you are being granted access under this Agreement, including the Post Your Homes Technology and all of the available Content therein;

Privacy. The Post Your Homes privacy policies, which have been incorporated in this document by reference, are viewable at http://www.postyourhomes.com/main/Privacy.jsp.
License Grants & Restrictions: Post Your Homes grants you, the client, a non-exclusive and non-transferable, worldwide right to access and use the Service, solely through the use of supported browsers via the Internet for your own internal non-commercial purposes. This is subject to the terms and conditions of the Agreement. You are not allowed to permit use of the Services for or by the benefit of any unauthorized third parties. This Agreement shall not be used in any way that could be construed as a grant that would offer you any specific rights to transfer or assign any or all rights to access or use the Service. All rights that have not been expressly granted to you are considered reserved by Post Your Homes, the Post Your Homes website, and all of their licensors. You have no right to (i) allow the Service to be accessed in any way by a third party. This includes the right to sell, resell, license, sublicense, transfer, distribute, assign, or commercially exploit the Service in any way; (ii) modify the Service or attempt to make derivative works based on the Service; (iii) reverse engineer or access the Service in order to (a) build competitive products or associated services, (b) build products that make use of similar features, including similar functions or graphics that the Service uses, or (c) copy any similar features, functions or common graphics that are comparable to the Service. In the course of using the Service, you will have the ability to provide Post Your Homes with feedback. This feedback may include but is in no way limited to suggestions, errors, observations, problems, and defects concerning the Service. You agree to irrevocably transfer and dispense to Post Your Homes all of your rights, titles, and interests in and towards all Feedback. This includes any worldwide patent rights, copyrights, trade secrets, and intellectual property rights (collectively known as, "Intellectual Property Rights") therein. You also acknowledge and agree that the Company owns all interest to and rights and titles for the Service, including all Intellectual Property Rights therein. This includes the possibility that Post Your Homes may subsequently incorporate your feedback into the Service. Throughout your time using the Service, it is likely that you might create various designs or categories or other templates to further the Service. If you designate these items to be contributed to the public, then other users are able to freely use them (these items shall be known as "Showcase Contributions"). In choosing to make your documents available on the Post Your Homes Showcase, you expressly grant Post Your Homes a non-exclusive, worldwide right to use, copy, modify, and distribute, as well as to display, perform, or create derivative works that are based on the Showcase Contributions. This also includes the ability to sublicense such rights, when used solely in connection with Post Your Homes operation of the Services on your behalf. This is subject to the terms and conditions of this Agreement.

Your Responsibilities: You will be fully responsible for any activity that occurs under any of your user accounts. Additionally, you are solely responsible for full compliance with all applicable laws whether they are local, state, national and foreign. This includes any treaties and regulations that relate to your use of the Service and includes those related to the protection of any intellectual property, data and its privacy, international communications and any and all transmission of technical or personal data. You shall: (i) notify Post Your Homes immediately when or if you notice any unauthorized use of your passwords or account activity that may suggest or cause you to suspect a breach of security; and (ii) report to Post Your Homes immediately, as well as provide reasonable efforts to stop any copying or distribution of Content immediately. You are responsible for obtaining and providing maintenance to, any equipment and ancillary services that become necessary for connecting to, accessing or finding a way to use the Service. This includes, but is not limited to hardware, software, Internet servers, Operating Systems, Internet browsers, networking equipment, telephone service (long distance or otherwise). This excludes the Service itself (all other options are collectively known as, "Equipment"). It is your duty to be responsible for such Equipment, including making sure that it is compatible with the Service. You are also responsible for the use, and maintenance, and added security, of the Equipment.

Based on your use of the Service, you agree not to do the following:

• Email, upload, post, or otherwise transmit any information or materials that are considered to be illegal, harmful, pornographic, or otherwise offensive. This includes items that promote bigotry and racism or hatred against any individual or group;
• Model after or impersonate any person or falsely state or misrepresent your affiliation to any person or entity;
• Falsify headers or manipulate identifying documents in order to disguise the origin of content that has been transmitted through the Service;
  
• Email, upload, post, or otherwise offer any information and materials or content that infringes upon another's rights. This includes the intellectual property rights, as well;
  
• Post, email, upload, or transmit in any way, any unsolicited or unauthorized advertising. This includes promotional materials such as, "junk mail, "spam," "chain letters," and "pyramid schemes," as well as any other potential form of solicitation;
  
• Make available any material that contains software viruses or any other computer code designed to destroy or limit the functionality of any of the necessary computer software or hardware or telecommunications equipment;
  
• Use manual or automated software or other devices used to "crawl," "spider" or "screen scrape" any pages or content contained in this web site or the Service;
  
• Disassemble or reverse engineer any software used to provide the Service or the website that it is located on;
  
• Disrupt the web site or Service, or any equipment or servers that are connected to the Service;
  
• Disobey any requirements, policies or regulations of the networks connected to the Service website;
  
• Obtain, store or modify personal information about other users that have access to the Service.

Post Your Homes reserves the right to look into and prosecute any violations to the fullest extent of the law. Post Your Homes may involve law enforcement authorities in punishing users who violate the Agreement. You fully acknowledge and understand that Post Your Homes has no obligation to monitor your access to the Service or any content that has been provided or made available through this web site, but has the explicit right to monitor for the sole purpose of operating the Service. You hereby agree that Post Your Homes has the ability to remove or delete any postings, information, or content that violates this Agreement.
Customer Charges: You understand and agree that you will be charged for the Service based on the amount of listings that you have during each month. Additionally, you understand that the credit card on file will be charged each month unless the service is cancelled. Service fees will begin on the 22nd day of service, after the trial period has ended. It is your responsibility to cancel, otherwise the service will continue until you have officially canceled. If you exceed your membership level you will be charged to accommodate the extra charges. If you wish to cancel, you need to email Post Your Homes or cancel through your agent admin area. To cancel through email you can contact Post Your Homes at contact@postyourhomes.com.

Customer Data. In the course of using the Service, you may submit data or other material (henceforth known as "Customer Data"). You shall remain the sole owner of all of your specific Customer Data. However, in order to provide the Service and enable functionality and maintenance of the site, Post Your Homes will need license to your Customer Data. In this case, we will deliver your Customer Data through the Internet and to your web browser and those authorized to view the pages. The contractors and service providers used to provide the Service may also need to access Customer Data in order to maintain the Service. In order to enable Post Your Homes to provide you with the Service, which is subject to the terms and conditions in this Agreement you grant Post Your Homes non-exclusive rights to use and display your Customer Data as needed. It is also agreed to allow for the sublicense of such rights when solely in connection with Post Your Homes operation of Service. Post Your Homes has sole responsibility for the quality, integrity, and intellectual property and the right to use Customer Data. Post Your Homes will not be responsible for the deletion, damage, or failure to store Customer Data. Upon termination for just cause found under this Agreement, any access to Customer Data will be immediately terminated. Should this happen Post Your Homes has no obligation to offer, preserve, or supply any of your Customer Data.

Intellectual Property Ownership: Post Your Homes (and its licensors, when necessary) own all rights and interests, including all Intellectual Property Rights, concerning the Post Your Homes Technology, Content and the Service. This also covers any suggestions, enhancements and requests for enhancements, feedback, or other information relating to the Service. This Agreement is does not constitute a sale nor does it convey to you any rights concerning ownership related to the Service, the Technology or the Intellectual Property Rights owned by Post Your Homes. The Post Your Homes name, logo, and associated product names that deal with the Service are trademarks of Post Your Homes or associated third parties. You, whether a Service user or not, have no right to use them. Except in areas where it has been previously discussed, you retain all rights to your Customer Data.

Copyright Policy and DMCA Procedure: Post Your Homes respects all applicable copyright laws and expects the users on PostYourHomes.com to do the same. Unauthorized distribution, modification, or copying of copyrighted works is a violation of the copyright holders' rights. You agree that you will not use the Service as a means to infringe on the intellectual property rights of others. Post Your Homes will terminate users who are repeat violators of these rules, for a user’s copyright, or of other intellectual property rights. Post Your Homes also reserves the right to terminate users upon a single infringement of the rights of others, or as mentioned in Section 4 of the Agreement.
In accordance with the Digital Millennium Copyright Act of 1998, Post Your Homes will respond to claims of copyright infringement that were committed using the Service that are reported through the Post Your Homes Copyright Agent that is found below. You can report infringements if you hold ownership of a copyright or you are authorized to act on behalf of a copyright owner. If this is the case, please report your notice of infringement by finishing the following form and bringing it to the Designated Copyright Agent:

NOTICE OF ALLEGED COPYRIGHT INFRINGEMENT
1. Identify the work that you feel has infringed on your copyright. If multiple works have been copied from copyrighted works create a representative list of the copyrighted works that have been infringed through the Service:
2. Identify the material that is infringing (this includes the name of the pages where such material is available, if applicable, and the URL of the link shown on the Service).
3. Your mailing address, telephone number, and, email address.
4. A statement of fair use that lists that you have a belief that the use of the material that infringes on the copyright was not authorized by the owner or agent meant to protect the copyright.
5. A statement that lists that the information is accurate and that you swear under penalty of perjury that you are the authorized copyright representative.
6. Electronic or physical signature by the copyright owner or representative allowed to act on behalf of the owner.

Full legal name: All copyright infringement claims need to be delivered to the Designated Copyright Agent of Post Your Homes. The designated Copyright Agents include Matthew Glover & Robert Chemaly.

Termination: Unauthorized use of the Service will be deemed as a breach of this Agreement. Post Your Homes may instantly terminate your account and passwords. This includes all use of the Service if you breach this Agreement or fail to comply with the terms of the Agreement in any way. You agree that Post Your Homes is not obligated to retain any Customer Data left in your account, and may delete such data, if a breach has occurred.
Representations & Warranties: Both agreeing party represents and warrants that it has the legal power and authority to fully enter into this Agreement.
Disclaimer of Warranties:
THE SERVICE, INCLUDING ALL PROVIDED CONTENT IS GIVEN ON A STRICTLY "AS IS" BASIS. ANY AND ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR OTHERWISE, ARE DISCLAIMED TO THE HIGHEST EXTENT THAT IS PERMITTED BY LAW BY POST YOUR HOMES AND ITS LICENSORS. POST YOUR HOMES AND ASSOCIATED LICENSORS MAKE NO WARRANTY, OR GUARANTY CONCERNING THE RELIABILITY, QUALITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR THE CONTENT THAT IS AVAILABLE WITH THE SERVICE. POST YOUR HOMES AND LICENSORS DO NOT CONTEND THAT (A) THE USE OF THE SERVICE WILL BE TIMELY, ERROR-FREE OR THAT IT WILL OPERATE WITH ANY OTHER HARDWARE, SOFTWARE, OR DATA, (B) THE SERVICE WILL MEET YOUR EXPECTATIONS, (C) ANY STORED DATA WILL BE RELIABLE, (D) THE WORTH OF ANY INFORMATION BOUGHT BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS ABOUT YOUR PURCHASE, (E) ERRORS WILL BE CORRECTED, OR (F) THE SERVICE OR SERVER WHICH MAKES SERVICE AVAILABLE ARE FREE OF HARMFUL COMPONENTS INCLUDING VIRUSES. Furthermore, the user understands that their Service may be temporarily unavailable during scheduled maintenance periods or for unscheduled maintenance as the need arises, either by Post Your Homes or third-party providers, or due to causes beyond Post Your Homes control. Post Your Homes accepts no liability for unavailability like the kind listed above, but there will be reasonable efforts to provide advance notice in writing or by e-mail to notify you of scheduled service disruptions to the Service.
Limitation of Liability:
POST YOUR HOMES COMBINED LIABILITY SHALL NEVER EXCEED THE AMOUNTS THAT HAVE BEEN PAID BY YOU IN THE TWELVE (12) MONTH PERIOD WHICH IMMEDIATELY PRECEDES THE EVENT GIVING RISE TO ANY SUCH CLAIMS. POST YOUR HOME ALONG WITH ITS LICENSORS SHALL NOT BECOME LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, OR OTHER DAMAGES OF ANY TYPE OR KIND.THIS INCLUDES ANY POSSIBLE LOSS OF DATA, PROFITS OR REVENUE, OR OTHER TYPES OF LOSS THAT ARE CONNECTED WITH THIS SERVICE IN ANY WAY, INCLUDING THE POSSIBILITY THAT POST YOUR HOMES HAS BEEN ADVISED ABOUT THE POSSIBILITY OF FUTURE DAMAGES. Post Your Homes and its licensors do not make any form of representation concerning the appropriate or available nature of the Service. If you use the Service from outside the United States it is your sole responsiblity to comply with all applicable laws, including the export and import regulations of other countries. Any diversion of the Content contrary to United States or European Union law is not allowed.
Modification to Terms: Post Your Homes has the right to change and modify these terms and conditions as the need arises. This change to the Agreement also includes the policies concerning the Service. These changes can be made at any time. It is your responsibility to regularly check this Agreement to ensure that changes have not been made. Continued use of this Service is a sign that you have complied with any new change made to the Agreement.
Assignment: This Agreement is not to be assigned in any way. This will not change due to operation of law, including without limitation in combination with mergers or acquisitions, sales of assets, without the prior written approval of Post Your Homes. Any assignment in violation shall be void.
General: This Agreement will be governed by California law, as well as the control of the United States federal law. This is without regard to the choice of law provisions found in any jurisdiction. Any disputes, claims or causes of action arising in connection with this Service or Agreement shall be subject to the jurisdiction of the state and federal courts in San Francisco, California. If any of the provisions in this Agreement are held by a court of competent jurisdiction to be invalid, the provisions that are listed shall be construed, in a way that reflects the intentions of the invalid provisions. All other provisions will remain in full effect. No partnership or specific relationship exists between you and Post Your Homes as a result of this agreement or the use of the Service. Any failure on the part of Post Your Homes to enforce specific rights or provisions in this Agreement shall not constitute a waiver of those provisions unless it has been acknowledged by Post Your Homes in writing. This Agreement comprises the agreement between you and Post Your Homes with respect to your use of the Service. It supersedes all prior negotiations, between both parties regarding the subject matter contained herein; the users of both Professional and Personal Editions of the Service may be subject to additional terms and conditions that are specific to them. In the event of any conflict between the Agreement and additional terms and conditions, the additional terms shall take precedence.

Additional Information:
If you have questions or need additional information regarding this Agreement, please send an e-mail to terms@postyourhomes.com

• Contact Us
• About Us
• Terms Of Use
• Fair Housing Act
• Submit Error or Typo
• What Does "Beta" Mean?

Copyright 2009