Terms of Service | Realty Net Media

These Terms of Service (the "Agreement") govern the services provided by Realty Net Media LLC, a Florida limited liability company located in Palm Beach County, Florida ("Company," "we," "us," or "our"), to the subscribing customer ("Client," "you"). This Agreement is entered into on the earliest of: when you sign or accept an order, proposal, or invoice referencing it; when you click to accept it; or when you first use or pay for any Service — using or paying for any Service constitutes acceptance of this Agreement.

The Services are offered for business use by real-estate professionals and other businesses. You represent that you are entering this Agreement for business purposes, not as a consumer, and that the individual accepting has authority to bind the Client.

1. Definitions

"Services" — the services and deliverables we provide under your Order, which may include website design, development, and hosting; MLS/IDX and listing-data integration; search-engine optimization; content services; lead management and CRM tools; email and text-message marketing tools; paid-media and advertising management; social-media marketing; and related support.
"Client Site" — any website we build, host, or operate for you.
"Client Content" — all content and data provided by you or on your behalf, or submitted by your End Users: text, photographs, video, virtual tours, floor plans, logos, brand assets, testimonials, leads, contact lists, and anything you upload, link, or instruct us to display, publish, or send.
"MLS Content" — listing data, photographs, and other materials received through any multiple listing service, IDX/VOW feed, or similar third-party data source connected at your direction (an "MLS Feed").
"Third-Party Platforms" — services owned by others that the Services use or connect to at your direction, including advertising networks, search engines, social-media platforms, CRM/email/text providers, data providers, domain registrars, and payment processors.
"Client Accounts" — your accounts on Third-Party Platforms, including ad accounts, pixels, audiences, and social-media accounts, whether created by you or by us on your behalf.
"End User" — anyone who visits or uses a Client Site or interacts with your marketing.
"Order" — the order form, proposal, invoice, or online plan selection stating the Services, quantities, term, and fees, together with any statements of work.

2. The Services; Our Responsibilities

We will provide the Services described in your Order using commercially reasonable skill and care. We may improve, modify, or discontinue features of the Services, provided we do not materially reduce the core functionality of what you are paying for during a paid period. Anything not stated in an Order is not included in the Services.

3. Client Cooperation

You will provide, promptly and accurately, everything we reasonably need to perform the Services: content, brand assets, approvals, credentials and authorizations for Client Accounts and data feeds, and business information. You are responsible for maintaining any professional licenses, board or association memberships, and data-license authorizations your business and your use of the Services require. Delays caused by missing Client cooperation do not extend payment obligations.

4. Accounts and Security

You are responsible for your account credentials, for all activity under your accounts, and for the accuracy of account information. Notify us promptly of any suspected unauthorized use. Seats and logins are for your personnel and may not be shared outside your organization.

5. Term, Renewal, and Termination

Subscriptions are month-to-month unless your Order states otherwise — no long-term contract is required. Subscriptions renew automatically each billing period until canceled. You may cancel at any time, effective at the end of the then-current billing period. After you give notice of cancellation, we may — but are not obligated to — keep the Services active through the end of that period, and we may disable, suspend, or take down the Client Site and Services at any time after your cancellation notice, at your request or at our discretion; fees already paid remain non-refundable. We may change pricing on at least thirty (30) days' notice, effective at your next renewal. Either party may terminate for material breach not cured within fifteen (15) days of written notice. We may terminate immediately for nonpayment, unlawful use, or the conduct described in Section 18 (Suspension).

Effect of termination.

Your license to the Services ends and Client Sites and campaigns we manage are taken down or stopped.
Client Content remains yours. Upon written request made within thirty (30) days after termination, we will make Client Content and lead data available for export in a commercially reasonable format; we may charge a reasonable fee for extensive export assistance. After that period we may delete Client Content without liability.
Your domain stays yours. You register and own your own domain name and point or transfer it to the Platform yourself; we do not register domains for clients and take no ownership interest in them. On termination, we will reasonably cooperate with re-pointing or transferring your domain away from the Platform; your registrar account, credentials, and renewal fees remain your responsibility.
Access to and control of Client Accounts is governed by the applicable Third-Party Platform's rules; where a platform permits, we will use commercially reasonable efforts to transfer to you control of Client Accounts we created for you, provided your account is paid in full.
Amounts owed through the termination date remain due. Sections that by their nature should survive (including Sections 7–9 and 19–25) survive termination.

6. Fees, Payment, and Automatic Billing

You will pay the fees stated in your Order, which may include one-time setup or onboarding fees. Unless the Order says otherwise: fees are billed in advance each period; payments are non-refundable and non-creditable (including for partial periods or unused features); and amounts are exclusive of taxes, which you are responsible for (excluding taxes on our income). Late amounts may accrue interest at 1.5% per month or the maximum lawful rate, whichever is less, plus reasonable collection costs, and we may suspend Services for accounts more than fifteen (15) days past due.

Automatic billing. You authorize us and our third-party payment processor to charge your stored payment method automatically for recurring fees and other amounts due under this Agreement, on or after each billing date, until your subscription is canceled and all amounts owed are paid. Payment-card details are collected and stored by the payment processor, not by us. You will keep your payment information current; failed charges may be retried, and continued failure is nonpayment.

Your advertising spend. You manage and pay for your own advertising. Amounts you spend with Third-Party Platforms (for example advertising budgets) are paid by you under your Client Accounts, are not our fees, and any billing question about them is between you and the platform.

7. Our Intellectual Property; License to You

The Services and everything we use to provide them — including all software, platforms, designs, templates, themes, tools, processes, documentation, and all improvements — are owned by Company and its licensors. We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services and deliverables during the term, for your business. You will not (and will not permit anyone to) copy, modify, distribute, sell, sublicense, reverse engineer, or create derivative works of any part of the Services; remove notices; or use the Services to build a competing product. Templates, designs, and platform code are licensed, not sold, and are not work-for-hire. No rights are granted except as expressly stated.

8. Client Content; Your Representations

Your content stays yours. You retain all rights in Client Content. You grant us a worldwide, royalty-free license to host, store, reproduce, process, adapt (for technical display purposes), publish, display, and transmit Client Content as needed to provide the Services and perform this Agreement.

You represent and warrant that:

you own or have all necessary rights, licenses, consents, and permissions for all Client Content — including photographs, video, virtual tours, floor plans, drone imagery, music, and testimonials — and for our hosting, display, publication, and transmission of it;
Client Content, your marketing, and your use of the Services comply with all applicable laws and rules, including the federal Fair Housing Act and equivalent state and local laws, RESPA, advertising, telemarketing, and licensing rules of your jurisdiction and any board or association you belong to, and the rules of any listing service you participate in;
you have obtained all consents required for the contact data you provide or collect, and all outreach to leads and contacts made through the Services or at your direction — including email, text messages, and calls — complies with CAN-SPAM, the TCPA, and similar laws, and with call-recording and monitoring consent laws where they apply; for all such communications, you are the sender;
Client Content is not infringing, defamatory, deceptive, or unlawful.

We do not pre-screen Client Content and have no obligation to monitor it, but we may remove or disable any content, campaign, or message we reasonably believe infringes, violates law, platform rules, or this Agreement, or exposes us to risk, with or without notice.

9. MLS and IDX Data

Your feed, your authorization. You must hold and maintain the membership, participant or subscriber status, and data-license authorizations required for any MLS Feed connected for you. We connect and display MLS Feeds as your vendor, at your direction.
Feed rules control. Display of MLS Content is subject to the applicable listing service's rules and display requirements, which may change. We use commercially reasonable efforts to implement feeds per the source's specifications, and may modify or disable display as needed to follow the source's rules or instructions.
MLS Content is third-party content. MLS Content (including photographs) originates from the listing service and its participants, not from us. We do not review, verify, or claim rights in MLS Content, we make no representation that any element of an MLS Feed is accurate, current, or non-infringing, and we have no duty to monitor MLS Content. If we receive a notice that MLS Content is infringing or unauthorized, our obligation — and our sole responsibility — is to process the notice under our DMCA & Copyright Policy, including expeditious removal, and where appropriate to notify you and/or the feed source.
Feed availability. MLS Feeds depend on third parties. We are not responsible for feed outages, data errors, delayed updates, or changes imposed by a listing service or data provider, or for your loss of feed access.

10. Third-Party Scripts, Tags, and Widgets; Your Advertising

You manage your own advertising and marketing accounts. At your request, we will install third-party scripts, tags, pixels, and widgets on your Client Site — for example tag managers, advertising and remarketing pixels, analytics snippets, and chat or lead widgets — connected to your Client Accounts.

Your choice, your responsibility. You choose what is installed. You are responsible for your right to use each tool, for what it collects from End Users of your Client Site, and for every disclosure and consent its use requires under applicable law — including cookie, tracking, session-recording, and communications-privacy laws — and under each platform's policies.
Your campaigns. Advertising you run on Third-Party Platforms — content, offers, budgets, and audience-targeting choices — is yours, including compliance with fair-housing and anti-discrimination rules that apply to housing advertising and audience selection. We are not the advertiser, advertising agent, or media buyer for your campaigns unless a separate Order expressly says so, and we do not guarantee ad approval, delivery, placement, cost, click, lead, or conversion outcomes.
Installed as-is. We install and remove tools at your direction but do not author, control, audit, or warrant third-party tools, their data practices, or their performance. Account suspensions, policy decisions, billing practices, and data practices of a platform are between you and the platform.
Protective removal. We may decline to install, or may disable or remove, any script, tag, or widget we reasonably believe breaks or slows the Client Site, creates a security or legal risk, or violates law, feed rules, or platform policies — with notice as soon as practicable.

11. Social-Media Services

Where your Order includes social-media marketing:

You authorize us to access your social-media Client Accounts and to create, schedule, and publish content on them at your direction; you remain the owner of your accounts and the publisher of record for everything posted to them.
Content calendars and posts are subject to the approval process stated in your Order (or, if none, to your standing direction); you are responsible for the accuracy and legality of information you provide for posts.
You are responsible for compliance with each platform's terms of use. We are not liable for platform actions — including account suspension, content removal, or changes to reach, features, or APIs.

12. SEO and Content Services

No ranking guarantees. Search-engine optimization is inherently uncertain. We do not guarantee any ranking, indexing, traffic, lead volume, or revenue outcome, and search engines change their algorithms and policies without notice.
Your review, your publication. Content we draft for you (pages, posts, descriptions, captions) is subject to your review and approval, and you are the publisher: you are responsible for its accuracy and its compliance with law (including fair-housing rules), listing-service rules, and advertising standards.

13. CRM, Email, and Text-Message Tools

Where the Services include lead-management, CRM, email, or text-messaging tools:

Messages we transmit for you. The Services include transmitting messages on your behalf at your direction — for example new-listing alerts, saved-search updates, and campaign emails to your leads and contacts. We transmit them as your service provider, and you are the sender of every message sent through the Services or at your direction.
You are solely responsible for obtaining and documenting required consents from your recipients, maintaining list hygiene, and complying with CAN-SPAM, the TCPA, and equivalent laws — and with call-recording and monitoring consent requirements where they apply.
The Services process unsubscribe and opt-out requests for messages they send; you will promptly honor opt-outs received through any other channel, and you will not re-add or re-message recipients who opted out.
We may impose and enforce sending limits, content rules, and anti-abuse controls, and may block messages or suspend sending that we reasonably believe violates law, carrier or platform rules, or this Agreement.

14. AI-Assisted Features (If Provided)

Any features that use machine-learning or artificial-intelligence models — for example search interpretation or drafted text — are probabilistic by nature: output may be inaccurate, incomplete, or unsuitable, is not advice of any kind, and must be reviewed and approved by you before anyone relies on it or it is published. You will not attempt to use any such feature to target, filter, or discriminate based on protected characteristics.

15. Third-Party Platforms and Services

The Services use and interoperate with Third-Party Platforms. Third-Party Platforms are governed by their own terms, we make no warranty about them, and we are not liable for their acts, omissions, outages, or data practices. If a third party suspends or changes its service, we may disable or modify the affected integration without liability.

16. Availability; No SLA; Backups

The Services are provided without any service-level commitment or uptime guarantee unless a separate written SLA is signed by us. We do not warrant that the Services or any Client Site will be uninterrupted, timely, secure, or error-free. Downtime may result from maintenance (scheduled or emergency), infrastructure or network failures, DNS issues, third-party services, attacks, or force majeure, and no such downtime constitutes a breach of this Agreement or entitles Client to any credit, refund, or damages.

We perform routine backups of platform data using commercially reasonable methods, but we are not a data-archival service; you are responsible for keeping independent copies of Client Content important to your business.

17. Acceptable Use

You will not use the Services to:

violate any law, regulation, listing-service rule, platform policy, or third-party right, or engage in deceptive or discriminatory practices;
send unsolicited or unlawful communications, or communications without required consents;
upload malicious code, or probe, disrupt, or circumvent security or usage limits;
scrape or bulk-export data you do not own or have rights to;
misrepresent licensure, listings, pricing, or availability.

18. Suspension

We may suspend the Services, any Client Site, or any campaign immediately, with notice as soon as practicable, if we reasonably believe: (a) your account is more than fifteen (15) days past due; (b) your use or content violates law, feed or platform rules, or this Agreement; (c) suspension is needed to protect our systems, other clients, or third parties; or (d) a competent authority, listing service, or platform requires it. Suspension does not relieve payment obligations.

19. Copyright; DMCA

We operate a notice-and-takedown process and a repeat-infringer policy under the Digital Millennium Copyright Act — see our DMCA & Copyright Policy, which is part of this Agreement. Accounts of repeat infringers will be terminated in appropriate circumstances. You will cooperate promptly with takedown, counter-notice, and reinstatement processes affecting your Client Site or campaigns.

20. Confidentiality; Data; Publicity

Each party will protect the other's non-public business information with reasonable care and use it only to perform this Agreement. Lead and End User data collected through your Client Sites and campaigns is Client Content; our handling of personal information is described in our Privacy Policy, and you are responsible for your own privacy disclosures, policies, and consents toward your End Users, leads, and contacts. We may identify you by name and logo, and display work we performed for you, in our portfolio and marketing unless you opt out in writing.

21. Warranty Disclaimer

Except as expressly stated in this Agreement, the Services, Client Sites, deliverables, MLS Content, Third-Party Platforms, and all related services are provided "as is" and "as available." We disclaim all other warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or trade usage. We do not warrant any search-engine ranking, traffic level, ad performance, lead volume, conversion rate, or business outcome. No advice or information from us creates any warranty not stated here.

22. Limitation of Liability

To the maximum extent permitted by law: (a) neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, or loss of goodwill, however caused and under any theory, even if advised of the possibility; and (b) the total aggregate liability of Company arising out of or relating to this Agreement and the Services will not exceed the service fees actually paid by Client to Company in the twelve (12) months preceding the first event giving rise to liability, excluding amounts paid or payable to Third-Party Platforms. The exclusions in clause (a) and the cap in clause (b) do not apply to Client's payment obligations, Client's indemnification obligations, or Client's breach of Section 7 (Our Intellectual Property). These limitations are a fundamental basis of the bargain and apply even if a remedy fails of its essential purpose.

23. Indemnification

By Client. You will defend, indemnify, and hold harmless Company and its owners, officers, employees, agents, and suppliers from and against any third-party claim, demand, investigation, or proceeding — and all resulting damages, fines, penalties, settlements, costs, and reasonable attorneys' fees — arising out of or relating to:

Client Content, including any photograph, video, or other material you or your End Users provide;
your MLS Feed and MLS Content displayed at your direction, including claims that MLS Content infringes any right;
third-party scripts, tags, pixels, and widgets installed at your request and the data they collect; advertising and social-media content, offers, budgets, and audience-targeting choices made or approved by you; and your use of any Third-Party Platform;
messages, calls, and campaigns sent through the Services or at your direction, including claims under CAN-SPAM, the TCPA, or call-recording and privacy laws;
your (or your End Users') use of the Services, Client Sites, or AI-assisted output, including publication of generated content;
your violation of law or regulation (including fair-housing, advertising, licensing, and privacy laws), of listing-service or platform rules, or of this Agreement;
disputes between you and any End User, lead, client, or third-party provider of yours.

By Company. We will defend you against a third-party claim that our platform software, as provided by us and used as permitted (excluding Client Content, MLS Content, Client Accounts, Third-Party Platforms, and combinations with items not provided by us), directly infringes a U.S. copyright or trademark, and we will pay resulting damages finally awarded or agreed in settlement. If such a claim arises, we may modify or replace the affected element or, if not commercially reasonable, terminate the affected service and refund prepaid unused fees. This states our entire liability for infringement.

The indemnified party must give prompt notice, sole control of defense and settlement to the indemnifying party (no settlement imposing obligations on the indemnified party without its consent), and reasonable cooperation.

24. Dispute Resolution; Governing Law

This Agreement is governed by the laws of the State of Florida, without regard to conflicts of law rules. Before starting any proceeding, the complaining party will give the other written notice of the dispute and thirty (30) days to resolve it informally. Any dispute arising out of or relating to this Agreement or the Services that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by one arbitrator, seated in Palm Beach County, Florida, in English. Judgment on the award may be entered in any court of competent jurisdiction. Either party may (a) bring qualifying claims in small-claims court, and (b) seek temporary injunctive relief in the state or federal courts located in Palm Beach County, Florida, to protect intellectual property or confidential information.

Both parties waive any right to a jury trial and agree that disputes will be conducted only on an individual basis — not as a class, consolidated, or representative proceeding.

The prevailing party is entitled to its reasonable attorneys' fees and costs.

25. General

Force majeure. Neither party is liable for delay or failure (other than payment) caused by events beyond its reasonable control — including internet or utility failures, hosting or cloud-provider outages, denial-of-service attacks, third-party platform actions, labor events, weather and natural disasters, epidemics, war, terrorism, or acts of government.
Notices. We may give notice via the Services or to your account email; you give notice in writing to [insert the designated legal-notices contact channel]. Notices are effective on receipt.
Assignment. You may not assign this Agreement without our written consent (not unreasonably withheld); we may assign to an affiliate or in a merger, acquisition, or asset sale.
Changes. We may update this Agreement on at least fifteen (15) days' notice (posted, emailed, or presented in the Services); changes take effect at your next renewal, and continued use after that is acceptance. We may also present updated terms for acceptance at sign-in — acceptance at sign-in is effective immediately, and we may make it a condition of continued access.
Entire agreement; order of precedence. This Agreement plus your Order and referenced policies are the entire agreement and supersede all prior discussions. If they conflict, the Order controls, then this Agreement, then policies. Marketing statements do not modify this Agreement.
Severability; waiver; relationship; no third-party beneficiaries. Unenforceable terms are narrowed to the minimum extent necessary; non-enforcement is not waiver; the parties are independent contractors; there are no third-party beneficiaries.

Equal Housing Opportunity.