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TERMS OF SERVICE
As of January 17, 2003


1. ACCEPTANCE OF TERMS. The following are the terms of service (“TOS”), set forth by SecondHomeGroup. (“SHG”), for the use of the Rentalcalendar.com web site service. SecondHomeGroup is the parent company of the entity which owns and / or manages rentalcalendar.com.

BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS BELOW.

2. DESCRIPTION OF SERVICE. SHG provides users access to various on-line resources, including calendar web page hosting services (the "Service"). Unless explicitly stated otherwise, any features added to the current Service, or any revisions to current features, shall be subject to the TOS.

3. YOUR REGISTRATION OBLIGATIONS. In consideration for use of and access to the Service, you agree to: (a) complete the registration process by providing SHG with current, complete and accurate information as prompted by the registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SHG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SHG may suspend or terminate your account and deny you future use of the Service.

4. SHG PRIVACY POLICY. Pursuant to SHG’s privacy policy, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the TOS, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time. We may share certain personal identifying information with other entities of SHG. To view our full privacy policy, go to
http://www.rentalcalendar.com/privacy.php.

5. MEMBER CONDUCT. You understand that all information, data, text or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. SHG does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You agree that any information or other material that you post, transmit or otherwise make available though the Service: (a) shall not be fraudulent or intentionally misleading or inaccurate; (b) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing securities transactions, consumer protection, unfair competition, false advertising, deceptive practices or anti-discrimination); (d) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (e) shall not be intentionally malicious or derogatory toward Company or any Company advertiser or licensor unless such information or other material can be supported by documented facts; (f) shall not be harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contain pornography or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense; or (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

You further agree not to: (a) collect or store personal data about other users, (b) "stalk" or otherwise harass another, (c) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, and (d) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except as permitted hereunder.

6. CONTENT SUBMITTED TO SHG. You agree that SHG shall have the right to use all Content submitted to SHG, without payment of any kind to you, including without limitation for the purpose of displaying, distributing and promoting your SHG pages on the world wide web for unrestricted use by SHG customers. SHG shall have sole authority to choose the manner in which any Content will be received, displayed and used by the Service, and reserves the right to remove all or any part of such Content or refuse Services to anyone at any time in its sole discretion. SHG shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Content.

7.COPYRIGHT INFRINGEMENT. If you believe that any Content has been used on the Service in a manner that constitutes copyright infringement, please provide SHG’s Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:

  • an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
     
  • identification of the copyrighted work claimed to have been infringed;
     
  • a description of where the material that you claim is infringing is located on the Service;
     
  • your address, telephone number, and e-mail address;
     
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
     
  • a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

SHG’s Copyright Agent for notice of claims of copyright infringement on this Service is: Lisa Hamm-Greenawalt (lisa@rentalcalendar.com)

8. INDEMNITY. You agree to indemnify and hold SHG, and its officers, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your Content, your use of or conduct on the Service, your connection to the Service, or your violation of the TOS.

9. GENERAL PRACTICES REGARDING USE AND STORAGE. Information collected from Registered Users is stored on databases and other servers kept in secure locations under the custody and control of SHG or its third party hosting services. SHG uses technologies and processes such as encryption, access control procedures and network firewalls to protect such servers. User accounts and Profiles are password-protected using industry-standard, commercially reasonable methods. SHG makes commercially reasonable efforts to protect such information and to limit its use and disclosure as described herein, but cannot guarantee that such efforts will be successful.

10. MODIFICATIONS TO SERVICE; UPDATE TO TOS. SHG reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SHG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The TOS may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.rentalcalendar.com/tos.php.

11. TERMINATION. SHG may terminate the Service with or without cause at any time and effective immediately. SHG, in its sole discretion, may also terminate your password and use of the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if SHG believes that you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and without further obligation on the part of SHG. If you wish to terminate your account, your only recourse is to discontinue use of the Service.

12. ADVERTISEMENTS AND PROMOTIONS. SHG may periodically run advertisements and promotions on SHG’s web pages. By creating your SHG account, you agree that SHG has the right to run such advertisements and promotions. The manner, mode and extent of advertising by SHG on your SHG web pages are subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SHG shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

13. SYSTEM INTEGRITY. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site. You may not take any action that imposes an unreasonable or disproportionately large load on SHG’s infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.

14. LINKS. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SHG has no control over such sites and resources, you acknowledge and agree that SHG is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SHG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. SHG’S PROPRIETARY RIGHTS. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SHG or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You may not modify, copy, reproduce, display, perform, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and Software, except as authorized under the TOS. You may make a copy of the Content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact.

16. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) SHG’S MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHG OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

17. LIMITATION OF LIABILITY. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall SHG be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Service, any changes to the Service, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that SHG is not responsible or liable for any illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Service, the Content available on or through the Service, or with any of SHG's terms and conditions, your sole and exclusive remedy is to discontinue using SHG.

18. EXCLUSIONS AND LIMITATIONS. LIMITATION OR EXCLUSION OF WARRANTIES, CONDITIONS, AND/OR LIABILITY FOR SOME TYPES OF DAMAGES MAY NOT BE PERMITTED IN SOME JURISDICTIONS, IN WHICH CASE SOME OR ALL OF THE ABOVE SECTIONS MAY NOT APPLY TO YOU.

19. NOTICE. Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

20. GENERAL INFORMATION. The TOS constitutes the entire agreement between you and SHG and governs your use of the Service, superseding any prior agreements between you and SHG (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other SHG services, third-party content or third-party software. The TOS shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States of America, excluding their conflict of law provisions. You and SHG agree to submit to the exclusive jurisdiction of the courts located in Westchester County, New York. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. SHG's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SHG in writing. You and SHG agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are used solely for convenience of the parties and have no legal or contractual effect.
 


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