POLICY: TERMS OF USE

1.     DEFINITIONS

In this Terms of Use Policy, unless otherwise defined the following terms have the following meanings:

1. "Customer" means the purchaser of Services from TheAgentPro.
2. "TheAgentPro" means TheAgentPro.com
3. "Services" means computing, telecommunications, software and information services provided by TheAgentPro including, without limitation, web hosting and e-mail services and the provision of access to computing, telecommunications, software, and information services provided by third parties over the Internet.
4. "TUP" means this Terms of Use Policy.

Upon receipt of payment therefore, TheAgentPro will provide the Customer with the Services on its host computing systems for the non-exclusive use of the Customer. The Services are strictly provided "as is" and "as available" without representations, warranties or conditions of any kind whatsoever. The Customer agrees to comply with the terms and conditions of this TUP.

3.     DOMAIN NAME REGISTRATION

TheAgentPro's role in the registration of a Customer domain name is limited to the submission of the Customer's request for registration to the appropriate registrar (the "Registrar"). Upon registration the Customer will be subject to the terms and conditions of registration imposed by the Registrar. TheAgentPro provides no assurance that a particular application for a domain name will be accepted or approved. Each individual domain name constitutes a single submission.

TheAgentPro shall retain ownership of ANY domain names registered by TheAgentPro if said registration is done on behalf of the Customer for a period of 180 days. A "release of ownership" fee of $25.00 shall be paid to TheAgentPro by any Customer wishing to transfer a Domain Name prior to the 180 day period. This fee DOES NOT include any domain names transferred to TheAgentPro from a Customer.

4.     TERM

The term of use of the Services is month to month, unless a longer period is subscribed for by the Customer in which event the term is for the duration of the subscription period. The term will be automatically renewed for a further term of equal duration unless terminated in accordance with Sections 6 or 9.

5.     CHANGES

The fees for the Services and the terms of this TUP are subject to change at any time upon 30 days' notice at the sole discretion of TheAgentPro.

6.     TERMINATION

The provision of the Services will be terminated in the following events:

1. Termination without Notice. TheAgentPro may immediately terminate the Services in the event the Customer commits any act of default under any term of this TUP, including but not limited to the events set out in Section 7. All prepaid fees will be forfeited.
2. Termination with Notice. Either the Customer or TheAgentPro may terminate the Services at any time upon giving the other not less than one clear calendar month's notice in writing. All prepaid fees will be forfeited.
3. TheAgentPro shall not be responsible for auto-billing termination. The Customer shall make all necessary arrangements with the auto-billing provider, ccBill. The Customer shall be responsible to reading, understanding, and complying with the terms and usage of the billing provider ccBill.

Any use by the Customer of the Services for purposes other than those for which they are intended or conduct by the Customer or unauthorized use of TheAgentPro system resources that results in any disruption of the normal use of TheAgentPro's system constitutes grounds for immediate termination of the Services. Examples of system abuse include but are not limited to:

1. spawning dozens of processes;
2. consuming excessive amounts of memory or CPU for long periods of time;
3. spamming or mass e-mailing using any TheAgentPro system or process;
4. illegal, criminal or malicious activities;
5. the transmission of any material in violation of any international, national, or municipal law or regulation, including, but not limited to, copyrighted material, threatening, offensive or obscene material and material protected by trade secret;
6. the unauthorized use of photographs, images and corporate logos and designs;
7. any activity TheAgentPro in its sole discretion determines is offensive or unethical or otherwise damaging to other customers, users of the Internet, TheAgentPro 's networks and systems or its reputation;
8. the propagation, support for, creation of or deliberate attacks by any virus or worm;
9. the giving false information to TheAgentPro;
10. the storage of illegal or pirated software, images, photographs and corporate logos and designs that the Customer does not have the right to use, the use of any type of IRC bot or proxy, the storage and use of any type of software intended for hacking or cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes;
11. the modification of, or tampering with, files not owned by the user and any attempt to examine files not normally available to Customers;
12. any attempt to use system resources not normally available to Customers;
13. any attempt to alter the security of the system or to impede the normal functioning of thereof;
14. any attempt to violate or affect the rights of others;
15. any attempt to make or distribute materials or publications that are threatening or defamatory or otherwise injurious to the business or reputation of others; and
16. any attempt to violate the law.

The Customer is responsible for all applicable charges for the Services as set forth in the pricing structure detailed at www.TheAgentPro.com plus all applicable taxes. Invoicing for the Services will be delivered after the charge has been applied to the Customer's credit card. If the Customer is paying by check or money order, the Customer will be invoiced in advance of the payment due. Invoices may be delivered by e-mail, fax or mail. Any interruption in the provision of the Services does not relieve the Customer from the obligation to pay all applicable charges. Additional fees may be levied for NSF payments, reactivations, terminations and changes of service. If the Customer commits any default under this TUP the Customer agrees to reimburse TheAgentPro for all reasonable expenses (including collection fees and legal costs on a solicitor and own client basis) incurred by TheAgentPro in enforcing its rights under this TUP. Accounts in default are subject to an interest charge of 2% per month (24% per annum).

9.     CHANGES IN PRICE STRUCTURE

TheAgentPro may, from time to time, modify any prices or charges (including late payment charges) for or any other term or condition relating to the Services provided that TheAgentPro gives the Customer at least 30 days advance written notice. The Customer shall have the option to continue the Services at the new price or charge or terminate the Services upon giving written notice to TheAgentPro prior to the expiration of the 30 day period referred to above.

10.     USE OF SERVICES

The Services are for the exclusive use of the Customer as contemplated by this TUP and use of the Services is restricted by the TUP. TheAgentPro reserves the right to amend this TUP from time to time without prior notice. The Customer acknowledges that it has read the TUP in effect as at the date hereof.

11.     IP ADDRESSES

TheAgentPro shall maintain ownership of and full control over any and all IP numbers and IP addresses that may be assigned to the Customer and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

12.     LICENSED REAL ESTATE AGENT

In subscribing for the Services the Customer represents and warrants to TheAgentPro that he or she holds all required licenses and is otherwise duly authorized under all applicable laws to act on behalf of third parties in connection with real estate transactions including but not limited to the purchase, sale and financing of real property and the giving of advice in connection therewith. TheAgentPro accepts no liability or responsibility in connection with the subscription of Services by persons who are not so licensed or authorized.

13.     NO TITLE

The Customer acknowledges that no title to nor interest in any intellectual property related to the Services or otherwise is conveyed or granted to the Customer. All right, title, ownership and interest in and to all intellectual property remains vested in TheAgentPro. All such property is protected by copyright in Canada, the United States and other countries.

14.     LIMITATION OF LIABILITY

IN NO EVENT WILL TheAgentPro BE LIABLE FOR, AND THE CUSTOMER HEREBY RELEASES TheAgentPro AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND SUPPLIERS FROM, ANY LOSS, COST, DAMAGES OR LIABILITY WHATSOEVER (INCLUDING INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES) INCURRED BY THE CUSTOMER ARISING OUT OF ANY MATTER OR THING RELATING TO THE PROVISION BY TheAgentPro OF THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY LOSS, COST OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES OR ANY INTERRUPTION OR SUSPENSION THEREOF FOR ANY REASON.

15.     INDEMNITY

The Customer hereby agrees to indemnify, defend and save harmless TheAgentPro and its directors, officers, employees and suppliers from any and all claims, actions, costs and losses incurred by TheAgentPro (including legal fees on a solicitor and own client basis) resulting from any act or omission on the part of the Customer or any default or breach by the Customer of any provision of this TUP.

16.     Multiple Listing Service (MLS) Access

TheAgentPro shall provide a link to the Customer's existing MLS system. TheAgentPro shall not be responsible for creating, establishing, or maintaining any MLS system. It is the responsibility of the Customer to ensure their Real Estate Board (aka Board of Realtors) permits content framing of MLS data. Any additional fees or dues required for the Customer to access any MLS system, database, or FTP site shall be solely the responsibility of the Customer

17.     CANCELATION OF MONTHLY AUTO-BILLING

During the account setup and creation process the Customer may be asked to agree to certain terms and conditions of TheAgentPro third party, independent billing company. The terms cover a variety of topics including cancellation of monthly auto-billing. TheAgentPro shall not be involved with or mediate any disputes between the Customer and the billing company. It shall be the responsibility of the Customer to cancel monthly auto-billing directly with the billing company. TheAgentPro may elect to change, alter, or switch it's monthly billing company, however the Customer shall be bound to the usage and terms and conditions of the billing company being used at the time the Customer signed up for TheAgentPro service.

18.     MISCELLANEOUS

This TUP shall be governed by and construed in accordance with the laws of the great state of TEXAS, USA and the federal laws of The United States of America, applicable therein. All notices under this TUP or otherwise related to the Services may be given by TheAgentPro to the Customer at the last e-mail address of the Customer provided to TheAgentPro. TheAgentPro may assign its rights and obligations under this TUP without the prior consent of the Customer. The Customer may not assign the Services without the prior written consent of TheAgentPro, such consent not to be unreasonably withheld. This TUP remains binding upon the parties and their respective heirs, executors, trustees, successors and assigns.