VisualTour Terms and Conditions VisualTour Terms and Conditions You should read this Legal information carefully before using this Web Site. By using the Web Site, you agree to the following terms of use. If you do not agree to these terms, please do not use this Web Site. Three sets of terms follow. The first - the DISCLAIMER - describes the terms on which VisualTour.com offers access to our web site, whether or not you sign up to use the Visual Tour.Com Web Hosting and E-Commerce Services. The second -- the AGREEMENT FOR USE OF VISUALTOUR.COM WEB HOSTING AND E-COMMERCE SERVICES - is a legally binding contract between us which you must enter into in order to be eligible to use the Web Hosting and E-Commerce Services. The third - the ACCEPTABLE USE POLICY - governs your use of our web site, whether or not you have consented to the Agreement. DISCLAIMER The information on this website is provided as a service by TRF Systems, Inc. While every effort is made to keep this information as accurate as possible, WE DISCLAIM ANY IMPLIED WARRANTY OR REPRESENTATION ABOUT ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR A PARTICULAR PURPOSE. Those persons who access this information assume full responsibility for the use of the information and understand and agree that TRF Systems, Inc. is not responsible or liable for any claim, loss or damage arising from the use of the information. Reference to specific products, processes or services does not constitute or imply recommendation or endorsement by TRF Systems, Inc. The views and opinions expressed within these documents do not necessarily reflect those of TRF Systems, Inc. TRF Systems, Inc. uses its best efforts to maintain this program and website, but is not responsible for the results of any defects that may be found to exist in the program, or any lost profits or other consequential damages that may result from such defects. You should not assume that it is error-free or that it will be suitable for the particular purpose that you have in mind when using it. All information provided is deemed reliable but is not guaranteed and should be independently verified. All real estate advertising placed by anyone through this service is subject to the US Federal Fair Housing Act of 1968 as amended which makes it illegal to advertise "any preference, limitation or discrimination based on race, color, religion, sex, handicap, family status or national origin or an attention to make any such preference, limitation or discrimination." Local and foreign laws add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and perhaps other basis. Please check with your local government agency for more information. This service will not knowingly accept any advertisement which is in violation of the law. Our readers are hereby informed that all dwellings, under the jurisdiction of U.S. Federal regulations advertised in this service are available on an equal opportunity basis. Except as specifically stated on this site, neither VisualTour.com nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. VisualTour, VisualTour.com, the VisualTour.com logo, and the VisualTour.com System, are service marks or trademarks of TRF Systems, Inc. All other trademarks are the property of their respective owners. All web site design, text, graphics, the selection and arrangement thereof, and all software are Copyright © 1999 by TRF Systems, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of assisting users of this Web site in their real estate transactions. Any other use of the information and material on this Web site, including reproduction for purposes other than those listed above, modification, distribution, or republication without prior written permission of TRF Systems, Inc. is strictly prohibited. All figures, characters, names, places, pictures, etc. used for illustrative examples are for demonstration purposes only and should not be considered actual or real. AGREEMENT FOR USE OF VISUALTOUR.COM WEB HOSTING AND E-COMMERCE SERVICES BEFORE YOU USE OR ACCEPT THE WEB HOSTING OR E-COMMERCE SERVICES PROVIDED BY VISUALTOUR.COM, AND IN ORDER TO CONTINUE THE USE OF THESE SERVICES, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY INPUTTING SUBSCRIBER INFORMATION, REGISTERING, OR ACTIVATING YOUR WEB HOSTING ACCOUNT, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INPUT SUBSCRIBER INFORMATION, REGISTER, OR ACTIVATE YOUR ACCOUNT. This agreement ("Agreement") becomes effective when you complete all of the membership information required on the Member Registration Form. This Agreement is between TRF Systems, Inc. ("VisualTour.com"), a Florida corporation, and the Member ("Member", "you", or "your"). This Agreement sets forth the terms and conditions under which you agree to use VisualTour.com's Web Hosting and eCommerce Services ("Service" or "Services"). Terms of Service Commencing on the date on which you initiate the Services, you will have use of the Services pursuant to the terms and conditions set forth herein and in the accompanying Acceptable Use Policy. In exchange, you will pay the current charges for such Services and any and all taxes thereon, if applicable. The Services shall continue until the earlier of such time as you provide VisualTour.com with notice that you wish to discontinue the Services, the Services are terminated and/or canceled by VisualTour.com, as set forth herein, or VisualTour.com ceases to offer the Services to the general public. For termination of prepaid VisualTour.com monthly or annual accounts, notice must be received by VisualTour.com at least ten calendar days prior to the billing date in order to avoid charges for the subsequent period. VisualTour.com has the exclusive legal right to use the VisualTour and VisualTour.com trademark and logos. Unauthorized use of any VisualTour.com trademark or logo is a violation of federal and state trademark laws. All other products and company names mentioned in the VisualTour.com site may be trademarks of their respective owners. VisualTour.com reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Site, including the right to block access from a particular Internet address to the Site. VisualTour.com reserves the right to modify or discontinue the Services, and any rates, terms, or conditions, at any time. Modifications VisualTour.com may modify this Agreement, the terms, conditions, and charges for the Services, and its Acceptable Use Policy at any time in its sole discretion. Any modification is effective immediately upon either a posting on the VisualTour.com Home Page, or by a message from VisualTour.com sent by electronic mail, or by conventional mail. If any modification to this Agreement is unacceptable to you, you may immediately terminate the Services. However, if you do not terminate the Services, or continue to use the Services following modification to this Agreement, your continued use will mean that you have accepted that modification. Fees VisualTour.com will bill your credit card for all charges and services provided unless other arrangements are agreed to in writing. Recurring charges are billed in advance of service. In the event legal action is necessary to collect on balances due, you agree to reimburse VisualTour.com for all expenses incurred to recover sums due, including attorneys fees and other legal expenses. You are responsible for purchase of, and payment of charges for, Internet access services and telecommunications services needed for use of the Services. Personal Information You hereby certify that you are not a minor. For purposes of identification, billing and marketing, you must provide accurate, complete, and updated information to register for use of the Services ("Member Registration Data"), including your legal name, address, telephone number(s), email address, and applicable payment data (for example, a credit card number and expiration date). Provision of Services You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that VisualTour.com has no control over third party networks you may access in the course of the use of the Services, and therefore, delays and disruption of other network transmissions are completely beyond the control of VisualTour.com. Linked Internet Sites The links in this web site will let the user leave VisualTour.com's site. The linked sites are not under the control of VisualTour.com, and VisualTour.com is not responsible for the content available on any other Internet sites linked to the web site. VisualTour.com is providing these links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this web site is at the user's own risk. The inclusion of any link does not imply a recommendation or endorsement by VisualTour.com of the linked site. Disclaimer of Warranty and Limitation of Liability VisualTour.com will make commercially reasonable efforts to provide continuous, uninterrupted, expedient, and error-free Service to you. Under no circumstances shall VisualTour.com be liable to you or any other person for any special, incidental, consequential, or punitive damages of any kind, including without limitation, loss of profits, loss of income or cost of replacement Services. VisualTour.com's liability for damages in regards to extraordinary and unreasonable interruptions of service, or for mistakes, omissions, delays, errors and defects (including, but not limited to, interruption of service, deletion of files, loss of or damage to data, and damages resulting from computer viruses) in the provision of the Services, shall in no event exceed an amount equal to the prorata charges to you for the period during which the Services are affected. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT VISUALTOUR.COM IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM VISUALTOUR.COM OR ITS AFFILIATES AND VENDORS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, VISUALTOUR.COM HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY, AND PERFORMANCE. VISUALTOUR.COM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES VISUALTOUR.COM MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED, OR OTHERWISE OBTAINED, THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE UPLOAD OR DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VISUALTOUR.COM, ITS EMPLOYEES, LICENSORS, AGENTS OR THE LIKE, WILL CREATE A WARRANTY, AND YOU MAY NOT RELY ON SUCH ORAL ADVICE OR WRITTEN INFORMATION. Through your use of the Services, you may have the opportunities to engage in commercial transactions with other Internet users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. VISUALTOUR.COM MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. Indemnity You agree to indemnify and hold VisualTour.com harmless from all claims, losses, liens, expenses, suits and attorneys' fees ("Liabilities") for all damages, including without limitation injuries to or death of any person and for damages to or loss of any property which may in any way arise out of or result from or in connection with your use of the Services, except to the extent that such Liabilities arise from the willful misconduct of VisualTour.com. You agree to indemnify VisualTour.com, its affiliates and subsidiaries, in the event that your use of the Services (i) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent or deceptive, (iii) is intended to threaten, harass or intimidate, (iv) violates VisualTour.com's Acceptable Use Policy as it is modified from time to time, or (v) interferes with other customers' use or enjoyment of the Services provided by VisualTour.com. You agree to indemnify VisualTour.com, its affiliates and subsidiaries for any tax caused by your use of the Services, for which You are responsible hereunder, which you fail to pay. Advertising You shall not use VisualTour.com's name or any language, pictures or symbols which could, in VisualTour.com's judgment, imply VisualTour.com's endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent. Member Responsibilities and Use Limitations You agree to comply with VisualTour.com's Acceptable Use Policy as it may be modified from time to time, and to comply with the rules, regulations, and policies applicable to any network you access. Any violation of such rules, regulation and policies, or any network policy document issued by VisualTour.com, shall be cause for VisualTour.com to suspend or terminate the Services. You agree that you will not place or allow anyone using your account to place any copyrighted material on the Service without the permission of the copyright owner or persons authorized by the copyright owner to grant permission. You are responsible for obtaining the necessary permission before permitting any copyrighted material that belongs to others to be placed on the Service. You may download the material available on the Service only for your personal, non-commercial use. Except as authorized to use material without express permission under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Service. Nothing contained in this Agreement may be construed to convey to you any interest, title, or license in the user ID, URL, IP Address, or domain name used by you in connection with the Services. VisualTour.com reserves the right to suspend or terminate the Services to you, or any user ID, URL, IP Address, or domain name used by you, in the event it is used in a manner which (i) constitutes violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent, obscene or deceptive; (iii) is intended to threaten, harass or intimidate; (iv) tends to damage the name or reputation of VisualTour.com, its parent, affiliates and subsidiaries; (vi) violates VisualTour.com's Acceptable Use Policy or (vii) interferes with other customers' use and enjoyment of the Services provided by VisualTour.com. You understand and agree that any attempt to break security, or to access an account which does not belong to you, shall be considered a material breach of this Agreement, and such breach may, without limiting VisualTour.com's other remedies, result in suspension or termination of the Services. You further agree to immediately notify VisualTour.com of (i) any unauthorized use of your account and/or (ii) any breach, or attempted breach, of security known to you. License Grant and Copyright Notice You retain all rights in any material uploaded to the Service by you or others you authorize to use your account. You grant VisualTour.com and its designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material in connection with the VisualTour.com Service regardless of the medium, technology, or form in which it is used. The entire content of the Service is copyrighted by VisualTour.com as a collective work under the United States copyright laws. Portions of the Service are provided to VisualTour.com under license. The copying, reproduction, or publication of any part of the Service is prohibited, unless expressly authorized in writing by VisualTour.com. Force Majeure VisualTour.com shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers. Cancellation, Termination, and Assignment In the event that a ruling, regulation, or order issued by a judicial, legislative or regulatory body causes VisualTour.com to believe that this Agreement and/or the Services provided hereunder, may be in conflict with such rules, regulations, or orders, VisualTour.com may suspend or terminate the Services, or terminate this Agreement, without liability. Cancellation Charges: VisualTour.com does not refund charges for unused service. If you fail for fifteen (15) days to pay any charge when due, including, but not limited to, product charges, service charges, or taxes, or if you fail for fifteen (15) days to perform or observe any other material term or condition of this Agreement, or, immediately, if you provide false or inaccurate information which is required for the provision of the Services or is necessary to allow VisualTour.com to bill you for the Services, and such condition continues unremedied for thirty days, you shall be in default and VisualTour.com may suspend or terminate the Services. You may not assign your account for Services to anyone without the express written consent of VisualTour.com. Upon reasonable notice, VisualTour.com may assign its rights and obligations under this Agreement. Notices Any notices in connection with this Agreement must be sent to each party as follows: VisualTour.com c/o TRF Systems, Inc. 2703B Gateway Drive Pompano Beach, FL 33069 Email: notices@VisualTour.com To you: Either the e-mail address supplied for your account, or the address supplied by you as part of the Member Registration Data. Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed e-mail. General This Agreement, and the provision of the Services, may be terminated at any time by either party upon written notice to the other. This Agreement shall be construed in accordance with the Laws of the State of Florida. The Federal and State courts of Palm Beach County Florida shall be the sole and exclusive venue for any dispute arising hereunder. Some jurisdictions do not allow the exclusion of certain warranties, in which case such warranty exclusions may not apply to you. This Agreement and the accompanying Acceptable Use Policy, Privacy Policy, and the web site Disclaimer constitute the entire agreement between you and VisualTour.com with respect to the Service and supersede all other communications. The provisions of this Agreement are for the benefit of VisualTour.com.com and its service providers, licensors, directors, employees, and agents; and each may assert and enforce those provisions directly on its own behalf. ACCEPTABLE USE POLICY IMPORTANT NOTE: THIS DOCUMENT IS UPDATED OFTEN. PLEASE MAKE A HABIT OF REVIEWING IT FROM TIME TO TIME TO STAY ABREAST OF ACCEPTABLE AS WELL AS INAPPROPRIATE USES OF YOUR VISUALTOUR.COM.COM ("VISUALTOUR.COM") ACCOUNT. REPORTS OF ACTIVITY IN VIOLATION OF THIS POLICY MAY BE SENT VIA E-MAIL TO COMPLIANCE@VISUALTOUR.COM. Introduction VisualTour.com.com has established an Acceptable Use Policy in order clarify the duties and responsibilities of the Members. This document is intended to provide a general understanding of VisualTour.com's Acceptable Use Policy. No express of implied warranties are made by VisualTour.com in this document. The following factors guide the establishment and enforcement of VisualTour.com's usage policies: Ensure reliable service to our customers Ensure security and privacy of our systems and network, as well as the networks and systems of others Comply with existing laws Maintain our reputation as a responsible service provider Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services Preserve the value of Internet resources as a conduit for free expression and exchange of information Preserve the privacy and security of individual users We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service. If your account is used to violate the Acceptable Use Policy, we reserve the right to terminate your service without notice. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate. We prefer to advise customers of inappropriate behavior and any necessary corrective action. However, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a member of our real estate community, you must use your membership responsibly. If you have any questions regarding this policy, please contact us at policy@VisualTour.com General Information Your VisualTour.com account provides you with the opportunity to upload, view, organize, and annotate a variety of your photographs and images quickly and conveniently. Your use of these services is subject to the following policy. Violations of this policy may result in termination of your account with or without notice in accordance with the Agreement for Use of VisualTour.com.com Services that you accepted at the time you created your account. In general, you may NOT use your VisualTour.com account: In a manner that violates any law, regulation, treaty or tariff or infringes on the legal rights of any third party; In a manner which is defamatory, fraudulent, indecent, offensive or deceptive; To threaten, harass, abuse or intimidate others; To damage the name or reputation of VisualTour.com, its affiliates, employees, owners, or subsidiaries; To break security on any computer network, or to access an account that does not belong to you; or In a manner that interferes with other customers' use and enjoyment of the services provided by VisualTour.com. When retrieving or using information from our website, you are prohibited from: (i) harvesting or otherwise collecting information about other users, including names, telephone and fax numbers, and email addresses; (ii) using the information gathered from our website for the purpose of contacting anyone who has posted information on our website, for any reason other than gathering more information about real estate that is the concern of a prospective VisualTour customer; and (iii) using the information gathered from our website including, but not limited to email addresses for the purpose of sending an email for any reason other than gathering more information about real estate that is the concern of a prospective VisualTour customer. You are specifically prohibited from using any data gathering and extraction methods to catalog, download, store, or otherwise reproduce or use the content available on our website. Such prohibited data gathering and extraction methods include, but are not limited to, data mining, robots, screen scraping, spiders, crawlers, cancelbots, Trojan horses, manual processes, and any other similar methods and techniques. VisualTour.com reserves sole discretion to determine whether any use of the service is a violation of this policy. Guidelines for using your account follows. This information is only a guideline, and is not intended to be all-inclusive. Subscription Account Usage Subscription can be cancelled at any time with 15 days written notice. Subscriber agrees to have the cost of the initial Agent Starter Kit and the cost of the on-going monthly service (plus any applicable sales taxes) automatically charged to their credit card. Subscriber understands that this VisualTour service is offered solely on an on-going subscription basis and may be cancelled automatically for non-payment. Should the subscription expire, the client software will no longer function and the online account and tours will not be accessible. Any tours and account information will be retained for 90 days after the expiration or cancellation of an account. A $150 reactivation fee will be charged to reactivate the account. A single agent subscription agreement permits one agent to create an unlimited number of tours for their own personal listings, tours for their buyers, or neighborhood tours. The VisualTours will be branded to the agent with the inclusion of their individual photo and their individual name in their account profile to display in the contact information feature. Nothing in the tour's features can indicate that this account represents more than one person. Additionally words such as Team, Group, Crew, or similar terms which generally indicate that multiple persons are subscribed to this account are not acceptable in branding a single agent account. Posting of tours other than the agent's own tours (i.e. office tours, tours for other agents, multiple agent teams, etc.) shall be cause for immediate cancellation of this agreement. An agent team subscription allows more than one agent working together as a team to create tours for their listings. A team is defined as more than one person that markets their services collectively (i.e. The Smith Team, or Mary and Bob Richards). Subscriber may add or remove team members to the subscription for an additional fee. The VisualTours will be branded to the agent team with the inclusion of their team photo and each of their names in their account profile. Posting of tours other than the agent team's own tours (i.e. office tours, tours for other agents, etc.) shall be cause for immediate cancellation of this agreement. Additional Agent Team members are defined as any living persons including spouses, family members, non-licensed staff members or others. Token Account Usage Tour tokens will expire 6 months after the date of purchase if they haven't been used to create a tour by that time. Web Sites; Prohibited Content VisualTour.com provides storage space and access for photographs and related audio files through its Web Hosting service. VisualTour.com will not routinely monitor the contents of your VisualTour presentations. You are solely responsible for any information contained in your presentations. However, if complaints are received regarding language, content, or graphics contained on your web site, VisualTour.com may, at its sole discretion, remove the presentations hosted on VisualTour.com servers and terminate your Web Hosting service. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate. You may not use your web site to publish material that VisualTour.com determines, at its sole discretion, to be unlawful, indecent, or objectionable. For purposes of this policy, "material" refers primarily to photographs, but also extends to cover all forms of communication that the VisualTour.com site may allow, including narrative descriptions, other graphics (including illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. Unlawful content is that which violates any law, statute, treaty, regulation, or order. This includes, but is not limited to: obscene material; defamatory, fraudulent, or deceptive statements; threatening, intimidating, or harassing statements, or material that violates the privacy rights or property rights of others (copyrights or trademarks, for example). Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards. Objectionable content is otherwise legal content with which VisualTour.com concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates. This includes, but is not limited to, all content that, in the sole discretion of VisualTour.com, is determined to be advertising or otherwise for commercial purposes, unless expressly permitted in writing by VisualTour.com. Objectionable content may include, without limitation: 1. Materials that depict or describe scantily-clad and lewdly depicted male and/or female forms or body parts, and which lack serious literary, artistic, political or scientific value. 2. Materials that suggest or depict obscene, indecent, vulgar, lewd or erotic behavior, and which lack serious literary, artistic, political or scientific value. 3. Materials that hold VisualTour.com including its affiliates, employees or shareholders up to public scorn or ridicule. 4. Materials that encourage the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual orientation, disability or political affiliation. Security You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, or employee. Therefore, you must take steps to ensure that others do not gain access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or security of VisualTour.com. This includes, but is not limited to, attempting to access data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. Users who violate systems or network security may incur criminal or civil liability. VisualTour.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Network Management You are responsible for ensuring that the services obtained from VisualTour.com are used in an appropriate manner by those who you encourage to view your presentations. Therefore, you must take steps to manage the use of the services obtained from VisualTour.com in such a way that network abuse is minimized. You must respond in a timely manner to complaints concerning misuse of the services obtained from VisualTour.com. Failure to responsibly manage the use of the services obtained from VisualTour.com may be cause for termination of services to you. Network Performance VisualTour.com accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space, and session time. You may not use resource-intensive programs which negatively impact other customers or the performance of VisualTour.com systems or networks. VisualTour.com reserves the right to terminate or limit such activities. Illegal Activity Any activity on our network that is a violation of any state or federal law is a violation of this policy and will result in immediate termination of service. Without limitation, you may not use the web site to: 1. Transmit obscene materials 2. Intentionally spread or threaten to spread computer viruses 3. Gain or attempt to gain unauthorized access to any network, including VisualTour.com's private network infrastructure 4. Access or attempt to access information not intended for you 5. Transmit pirated software Last updated: 01/15/2007 Copyright © 2006 VisualTour.com All rights reserved.   View Printable Version