Service Agreement
This Agreement states stipulations under which www.RealEstateDatalyst.net, also marketed as Datalyst Marketing Systems, authorizes you to use its resources. Please read this page carefully. If you do not accept this Agreement, do not use this Web site or its services. The information contained at any of our websites and/or any advice or comments made by any employee or agent of Datalyst Marketing Systems is intended only to educate and assist clients, visitors and the like. All information is provided free and is not meant to substitute for professional counsel applicable to specific situations, for which it may be inadequate. Datalyst Marketing Systems and its employees and agents cannot and will not provide legal counsel. In some instances, it may be wise to seek advice from competent legal counsel or other professional services or entities. Datalyst Marketing Systems may revise this Agreement at any time by updating this posting. You agree to review this Agreement periodically so that you are aware of any such modifications, at which time you may either agree to such changes or discontinue the further use of this Web site. Your continued use of this Web site after RealEstateDatalyst.net posts such changes will constitute your agreement to the amended Agreement. See our E-Mail Policy here.
Entire Agreement:
The Agreement contains the full agreement between the Parties and supersedes all other prior or contemporaneous communications between the Parties (whether written or oral) regarding its subject matter. All information in writing from this Agreement, as well as but not be limited to, our Legal page, Terms and Conditions page, Privacy Policy page, E-Mail Policy page, Questions and Answers page, etc., constitutes the Agreement. No modifications, amendments or supplements to this Agreement shall be binding upon the Parties unless made in writing and executed by both Parties, except for periodic administrative changes made to the pages on our websites.
1. The Datalyst Marketing Systems account holder (herein referred to as 'Account Holder') agrees to waive liability of Datalyst Marketing Systems from any claims resulting from the use or misuse of the service. Account Holder agrees to defend, indemnify and hold harmless RealEstateDatalyst.net and its affiliated partners, from all liabilities, claims and expenses, including attorneys' fees, arising from breach of this Agreement. Datalyst Marketing Systems services may only be used for lawful purposes.
2. Account Holder shall be liable and responsible for any and all activities conducted through its account by Account Holder or, if applicable, by Account Holder's users, whether or not such activities have been authorized by Account Holder.
3. Account Holder acknowledges, and shall also notify its users, that Datalyst Marketing Systems is not responsible for and does not give any assurance to any person with respect to the validity, value, usefulness or accuracy of Content. Account Holder and any person using Account Holder's account shall bear any risk associated with the Content. Datalyst Marketing Systems has the right to monitor the use of the E-mail Marketing System, including the Content that may be transmitted across it from time to time. However, Datalyst Marketing Systems does not prescreen or attempt to censor or review any Content prior to its appearance on the E-mail Marketing System. Datalyst Marketing Systems has the right (but not the obligation) to require Customer to remove, prohibit or discontinue any Content on the E-mail Marketing System which Datalyst Marketing Systems, in its sole discretion, determines to be harmful, offensive or otherwise in violation of the Rules or this Agreement.
4. International Usage. Customer acknowledges that its use of the Datalyst Marketing Systems E-mail Marketing System allows access to Content originating from other customers, ICP's and third parties located in countries other than the United States. Customer agrees that its access to and use of such Content may be governed (in addition to this Agreement and the Rules) by separate terms and operating policies which conform to appropriate and applicable national laws and customs.
5. Payment for services at Datalyst Marketing Systems must be made in US Dollars. Charges for services at Datalyst Marketing Systems are processed electronically. It is the Account Holder's responsibility to make certain the billing information for each bulk e-mail account is kept current. Account Holder agrees that Datalyst Marketing Systems has the right to delete Account Holder's account, and all data associated with Account Holder's account, if payment is not received after the day it is due.
6. Account Holder agrees that Datalyst Marketing Systems shall have the right to FREEZE service of Account Holder account at any time. Datalyst Marketing Systems reserves the right to FREEZE Account Holders account(s) due to, but not limited to: non-payment, complaints, illegal activities, or non-compliance with this service agreement. ALL acounts will adhere to the current CanSpam laws, whether Federal, State or Local laws, as well as any international laws that may apply.
7. Datalyst Marketing Systems reserves the right to suspend functionality of our service from an Account Holder account due to, but not limited to: misusing our service, for illegal or unethical practices, or non-compliance with this service agreement.
8. Datalyst Marketing Systems exercises no editorial control over the content of messages sent from Account Holder account. Account Holders are prohibited from using Datalyst Marketing Systems to send any material that is, unlawful, libelous, or hateful. Datalyst Marketing Systems has sole discretion over determining if a violation has occurred in regards to this paragraph.
9. Datalyst Marketing Systems makes no warranties of any kind for the service it provides, whether expressed or implied. Datalyst Marketing Systems will not be held liable for any damages suffered to Account Holder, including, but is not limited to: loss of data resulting from delays, non deliveries of e-mail, missed deliveries of e-mail, or service outages that are out of Datalyst Marketing Systems control. Datalyst Marketing Systems will not be held liable for any damages suffered to Account Holder by use of the Datalyst Marketing Systems system.
10. Datalyst Marketing Systems DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE. Datalyst Marketing Systems WILL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR COSTS THAT YOU AND/OR YOUR BUSINESS MAY SUFFER WHEN USING THE SERVICE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Datalyst Marketing Systems FROM ANY CLAIMS RESULTING FROM YOUR USE OF SERVICE. YOU EXPRESSLY AGREE THAT USE OF SERVICE IS AT YOUR SOLE RISK. NEITHER Datalyst Marketing Systems NOR ITS SERVICE PROVIDERS, AGENTS, LICENSORS, EMPLOYEES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE USE OR MISUSE OF THE SERVICE.
11. Should any paragraph of this agreement be considered illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining paragraphs of this agreement shall remain unaffected thereby unless otherwise stated.
12. Other Unacceptable Uses: Additionally, you may not use the Datalyst Marketing Systems System to:
(a) Send e-mail with an invalid "Reply To" or "From" address or entity name. All messages sent from the Datalyst Marketing Systems System must contain valid e-mail addresses, business and/or personal names and mailing addresses and you must be responsive to all replies from anyone on your list, including unsubscribe requests. You may not refuse or ignore unsubscribe requests from anyone on your list.
(b) Harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity.
(c) Post or transmit sexually explicit images or other content that is deemed by Datalyst Marketing Systems to be offensive.
(d) Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party, as determined by Datalyst Marketing Systems.
(e) Impersonate any person, including but not limited to, an official of Datalyst Marketing Systems or an information provider, or communicate under a false name or a name that you are not entitled or authorized to use.
(f) Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law.
13. AGREEMENT, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, the aggregate liability for Datalyst Marketing Systems and its Content suppliers to you for all claims arising from the use of the Content (including Software) is limited to $100.00 HEREUNDER AND DURING THE CONTRACT PERIOD ACCOUNT HOLDER'S SOLE AND EXCLUSIVE REMEDY IS SET FORTH IN THIS AGREEMENT REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
14. Disclosure of Data. Datalyst Marketing Systems will only disclose your Data, the contents of your private communications, or the contact information of your recipients if required to do so by law, or as otherwise stated in this Statement, or in the good faith belief that such action is necessary to:
(a) Conform to the edicts of the law or comply with legal process served on Datalyst Marketing Systems.
(b) Protect and defend the rights or property of Datalyst Marketing Systems and others, including among other things to enforce our Terms of Service.
15. Datalyst Marketing Systems web site, or messages created with Datalyst Marketing Systems Services, may contain links to other Web sites. Datalyst Marketing Systems is not responsible for the privacy practices or the content of such Web sites. As described above, third parties may independently collect information from Account Holder’s data or other communications from third parties through Datalyst Marketing Systems products or services. If Account Holder does not want those companies to collect information from Account Holder’s data, please contact them directly.
Terms and Conditions and Legal Information:
Please also visit our Terms and Conditions and Legal sections establishing the use, disclaimers, and limitations of liability governing the use
of our website at www.realestatedatalyst.net
Your consent:
By using our site, you consent to our Service Agreement
Changes to our Service Agreement:
If we decide to change our Service Agreement, we will post those changes on this page, and/or update the Service Agreement
modification date below.
This policy was last modified on January 1, 2012.