Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any VisTour and/or Provider server in connection with Client's use of the Services which: violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of VisTour or any third party; are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory based on gender, race, age or promotes hate violate any VisTour policy posted on the VisTour Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), SPAM Policy, and CGI Abuse Policy.
contain viruses or other computer programming defects which result in damage to VisTour and/or Provider or any third party.

Bandwidth. Client may occupy only the amount of disk space on the VisTour and/or Providers Server and utilize no more than the network bandwidth that is allotted by VisTour and/or Provider. Additional fees, specified in the Web Host plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.

No "SPAM". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at VisTour, or otherwise, that mentions or reference any domain hosted on VisTour and/or Providers servers or parked on VisTour and/or Providers DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer to our SPAM Policy).

Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Back-Up Files. Client will have the ability to reinstate files which are automatically archived by VisTour and/or Provider; however, VisTour and/or Provider does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client’s Control Panel.

Termination. VisTour and/or Provider reserves the right to refuse service to anyone. VisTour, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact support@vistour.com.

2. PAYMENT OBLIGATIONS
Service Fees. By the Fifteenth (15th) day of an invoice is generated for services, VisTour shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to VisTour by no later than 15 days after the specified payment due date. VisTour shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to VisTour. Certain services carry a set-up fee charged by VisTour to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to VisTour and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid VisTour for such Services, refunds will be issued for any unused full month portions less one month of the Services upon:

Clients request. Therefore, if Client's account is cancelled at any point during the one (1) year term, Client will be entitled to a refund for all but one of the full months remaining after notice given by the 25th of the preceding month.

Domain Names. If Client chooses to register a domain name(s) through VisTour, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. VisTour and/or Provider does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall VisTour and/or Provider be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless VisTour and/or Provider from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

4. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must follow instructions for cancellation provided on the Server Cancellation Information page. All cancellation requests must be received by the end of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement.

If Client terminates its account, Client shall be allowed to re-instate Client's use of the Services within Seven (7) business days of cancellation. Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of Client's account. Once payment has been received, Client's account will be activated within Forty-Eight (48) business hours. VisTour will maintain an archival copy of Client's Web site for Seven (7) days after VisTour receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.

5. TAXES
Client will pay and indemnify and hold VisTour and/or Provider harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

6. DISCLAIMER OF WARRANTY
THE SERVICES, THE VISTOUR SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE VISTOUR SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. VISTOUR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VISTOUR SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

7. LIMITATION OF LIABILITY
IN NO EVENT SHALL VISTOUR AND/OR PROVIDER BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE VISTOUR SITE OR ANY VISTOUR PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL VISTOUR CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).

8. MISCELLANEOUS
Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed e-mail.

If to VisTour:

VisTour, Inc.
PO Box 251195
Holly Hill, FL 32125-1195

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by VisTour. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and VisTour’s policies are subject to change by VisTour without notice. Continued usage of the Services after a change to this Agreement by VisTour or after a new policy is implemented and posted on the VisTour Site constitutes your acceptance of such change or policy. We encourage you to regularly check the VisTour Site for any changes or additions.

Safety issues
It is the responsibility of the real estate agent and/or homeowner to ensure that the home is prepared for photography before the photographer arrives. Please do not ask the photographer to rearrange furniture, move trash cans, heavy objects or to clean up around the home. Our photographers are not insured against damage to the home or to personal injury while doing such rearranging. VisTour, Inc. is not liable for any theft or damage incurred due to the distribution or duplication of these Visual Tours.
All pictures are taken as directed by the agent, which puts all liability and responsibility on the agent. Standard turnaround time is approximately 3 working days for new customers and approximately 2 working day for existing customers.

Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward VisTour, but also because it can overload VisTour's or Provider's network and disrupt service to VisTour clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, VisTour has the discretion to determine from all of the evidence whether the e-mail recipients were from a subscribed e-mail list. Refer to our SPAM Policy for more informtion.

Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. VisTour is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also VisTour’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Adult Material
Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why VisTour has been forced to create its no adult sites policy for its web host users.

What does VisTour consider "Adult Material?"
Any site whose revenue is gained in part or whole from its adult content.
Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
Revenue-generating hyperlinks to sites who violate policy #1.
Why does VisTour have this policy?

Bandwidth and Resources
A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average "adult site" gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.

VisTour reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.

Defamatory or Abusive Language
Using VisTour’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Background Running Programs
Background Daemons in general are prohibited on VisTour or Providers servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.

VisTour will be the sole arbitor of what consitutes a violation of the above policy.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this Acceptable Use Policy
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Acceptable Use Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups
VisTour reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the Acceptable Use Policy.

Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities
Engaging in activities, whether lawful or unlawful, that VisTour determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. VisTour will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with VisTour policy or applicable law. When VisTour or Provider becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

VisTour or Provider also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, VisTour urges its clients to assume that all of their on-line communications are insecure. VisTour cannot take any responsibility for the security of information transmitted over VisTour’s or Provider's facilities.

VisTour and/or Provider will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. VisTour and/or Provider may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, VisTour and/or Provider may disclose information, including but not limited to, information concerning a client, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. VisTour and/or Provider assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, VisTour and/or Provider may disclose client information or information transmitted over its network where necessary to protect VisTour and/or Provider and others from harm, or where such disclosure is necessary to the proper operation of the system.

Definition of SPAM:
The bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to VisTour and/or Providers or any URL (domain) that is hosted by VisTour and/or Providers.
Unsolicited postings to newsgroups advertising any IP or URL hosted by VisTour and/or Providers.
The use of webpages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by VisTour and/or Providers.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.
Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

For further information on mail abuse, please visit the Mail Abuse Prevention System (MAPS) website.

Repercussions of SPAM:
Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice.

VisTour:
SPAM is not only harmful because of its negative impact on consumer attitudes toward VisTour and/or Providers, but also because it can overload VisTour and/or Provider’s network and resources, especially on our shared (virtual) server environments.

Our Providers:
Since it is unsolicited, users who receive SPAM often become angry and send complaints to our upstream providers. This upsets our providers who abhor SPAM for the same reasons that VisTour does - it causes negative consumer attitudes and drains resources. We strive to maintain favorable business relationships in the Web community and obviously will not allow any practice that threatens these relationships.

Punishment For SPAM:
VisTour and/or Provider reserves the right to terminate, without warning, any account that violates this policy. Usage of VisTour and/or Provider services constitutes acceptance and understanding of this policy.

VisTour may, at its option, charge $25.00 per SPAM complaint we receive Virtual Server customers. These are non-refundable charges and will be invoiced at the time of complaint notification.

VisTour reserves the right to decide what it considers "SPAM", "UCE", "mail bombing", or "bulk e-mail", and to determine from all of the evidence whether or not the e-mail recipients were from an "opt-in" e-mail list.

Should you choose to e-mail from VisTour and/or Provider servers, especially if you use mailing lists, you must read and adhere to the following guidelines, which are offered as a statement of Internet standards and best current practices for proper mailing list management and preventing e-mail abuse.

Basic Mailing List Management Principles for Preventing Abuse
Mailing lists are an excellent vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool.

Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to e-mail. Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.

The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.

Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.

Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.

Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.

Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a "suppression list" of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.

Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.

Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.

*This SPAM Accepted Use Policy and all other VisTour policies are subject to change by VisTour without notice. Continued usage of the services after a change to this policy is implemented and posted on the VisTour site constitutes your acceptance of such change or policy. We encourage you to regularly check the VisTour site for any changes or additions. Visit our Terms & Conditions for further information regarding our policies.

Due to their use of flat files instead of databases, VisTour and/or Provider does not allow the use of UBB or YABB bulletin boards. Use of these boards for large or very active forums, results in system performance degradation, and cannot be allowed in our shared server environment. VisTour suggests using VBulletin or phpBB as a more efficient, database-driven alternative to these bulletin boards.

Why does VisTour have this policy?
Server Speed and Fairness to others
A Virtual Server is shared. As such, there are many accounts per machine. In all fairness, VisTour and/or Provider cannot allow one or two clients to use all of the System resources on a shared machine and have all other clients on the machine suffer because of it. Excessive CPU usage by one or more clients causes extreme slowness in all areas: FTP, Telnet, Web Sites and more. If the CPU usage gets too far out of hand, all sites hosted on the machine will return Errors and not be accessible in any way.

What happens if I violate this policy?
All accounts that are found to using excessive amounts of system resources will receive an email warning from VisTour. This warning will inform you that there is too much CGI running and it will provide options for reducing the usage or upgrading your server. If you do not reduce the usage within 24 hours of the email being sent, your CGI scripts will be disabled.