PIPELINE ROI WEBSITES
ACCEPTABLE USE POLICY
INTRODUCTION

Pipeline ROI, LLC (together with its affiliates, "PROI") has developed a website creation and hosting service known as Pipeline ROI Websites (“Websites”). As the host of such websites, we have a responsibility to protect our clients and to provide the best service possible. The following rules and guidelines were designed to assist us fulfill these responsibilities.

ILLEGAL ACTIVITY

The use of Websites for any activity that violates any local, state, federal or international law, order or regulation is a violation of this Policy. Prohibited activities include, but are not limited to:

  • Posting or disseminating material which is unlawful (such as child pornography or obscene material).
  • Disseminating material which violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain.
  • Pyramid or other illegal solicitation schemes.
  • Any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.
SECURITY

You are responsible for any misuse of your Websites, even if the inappropriate activity was committed by a friend, family member, guest, employee, customer or other third party with access to your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account or your website.

Websites may not be used to breach the security of another user or to attempt to gain access to any other person's computer, software or data, without the knowledge and consent of such other person. In addition, Websites may not be used in any attempt to circumvent the user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is also prohibited.

You may not disrupt the Websites. The Websites may not be used to interfere with computer networking or telecommunications services to any user, host or network including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature is also prohibited.

You are solely responsible for the security of any device you choose to connect to the Websites, including any data stored on that device. PROI recommends that all files or services you choose to make available for remote access be protected with a password or other appropriate security measure.

You shall comply with all applicable privacy, data security, best practices and all other laws, rules and regulation relevant Your business model, including but not limited to, the Gramm Leach Bliley Act, the Final Rules promulgated by the Federal Trade Commission in furtherance of the Gramm Leach Bliley Act, the Telephone Consumer Protection Act of 1991, as amended, the Fair and Accurate Credit Transactions Act, federal do-not-call laws, various state do-not-call laws, and the CAN-SPAM Act.

INAPPROPRIATE CONTENT

There may be content on the Internet or otherwise available through the Websites that may be offensive to some individuals, or that may not be in compliance with applicable laws, rules and regulations. For example, it is possible to obtain access to content which is pornographic or offensive, particularly for children. Neither PROI nor its affiliates shall be responsible for the content contained on the Internet or otherwise available through the Websites. You assume the risk of accessing content through the Websites, and neither PROI nor its affiliates shall have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may

want to use a program capable of restricting access to sexually explicit material on the Internet. Content questions or complaints should be addressed to the content provider.

You are solely responsible for any information which you publish on your website. In addition, you must ensure that the recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. PROI and its affiliates reserve the right to refuse to post or to remove any information or materials, in whole or in part, that they, in their sole discretion, deem to be offensive, indecent or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.

Neither PROI nor any of its affiliates has any obligation to monitor transmissions made via the Websites. However, PROI and its affiliates have the right to monitor such transmissions from time to time and to disclose the same in accordance with the terms of your Websites Terms of Service Agreement.

By using the Websites to publish, transmit or distribute content, you warrant that such content complies with this Policy and you hereby authorize PROI and its affiliates to reproduce, publish, distribute, and display such content worldwide.

ELECTRONIC MAIL

The Websites may not be used to send unsolicited bulk or commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious messages. Such messages may only be sent to those who have expressly requested it.

The Websites may not be used to collect responses from unsolicited e-mail (SPAM) sent from accounts on other Internet hosts or e-mail services which violates this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited e-mail may not direct the recipient to any website or other resource that uses the Websites.

Forging, altering or removing electronic mail headers is prohibited. However, you may insert additional characters into your from: and reply-to: addresses in order to prevent your true address from being automatically added to the mailing lists used by bulk e-mailers. In all cases, your true address must remain obvious to any human viewer. For example, you may substitute "nospam.john.doe" for "john.doe."

You may not reference PROI or the Websites (e.g. by including "Organization: Pipeline ROI, LLC." in the header or by listing an IP address that belongs to PROI) in any unsolicited e-mail even if that e-mail is not sent through the Websites.

"Mail bombing" is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient, with the intent to disrupt a server or account. The propagation of chain letters is also prohibited, whether or not the recipient wishes to receive such mailings.

PROI is not responsible for the forwarding of e-mail sent to any account that has been suspended or terminated. Such e-mail will be returned to sender, ignored, deleted, or stored temporarily at PROI's sole discretion.

The CAN SPAM law of 2003 will not be used as a guideline in determining the legitimacy of mailing practices. Instead, our internal policies will continue to be used in regards to this issue, so that our network is protected against being blocked by RBL listings. If you would like further information concerning this, or would like to inquire as to the legitimacy of your mailing list, please contact abuse@pipelineroi.com.

THIRD PARTY DATA

When accessing and/or publishing MLS data, you are bound by the terms, rules and regulations of your local MLS Board. You shall not allow anyone else to access MLS data through your Website. In no event, shall PROI be liable for your misuse of data received from third parties such as Multiple Listing Services.

BANDWIDTH, DATA STORAGE AND OTHER LIMITATIONS

You must comply with the then current bandwidth, data storage and other limitations on the Websites.

You must ensure that your activities do not improperly restrict or inhibit any other user's normal use of the Websites.

You may not resell, share, or otherwise distribute the services provided by the Websites or any portion thereof to any third party without the prior written consent of PROI. For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide e-mail or news service, or send a news feed.

VIOLATION OF POLICY

PROI does not routinely monitor the activity of accounts for violation of this Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of the Websites.

PROI prefers to advise clients of inappropriate behavior and any necessary corrective action. However, if the Website is used in a way that PROI or its affiliates, in their sole discretion, believes violates this Policy, PROI or its affiliates may take any responsive actions they deem appropriate. Such actions may include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of your account. Neither PROI nor its affiliates will have any liability for any such responsive actions. The above described actions are not intended to be exclusive remedies and PROI and its affiliates may take any other legal or technical action they deem appropriate.

PROI reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on PROI's servers and network. During an investigation, PROI may suspend the account or accounts involved and/or remove material that potentially violates this Policy.

You hereby authorize PROI and its affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include PROI providing the username, IP address, or other identifying information about a subscriber.

Upon termination of an account for any reason, PROI is authorized to delete any files, programs, data and e-mail messages associated with such account.

The failure of PROI or its affiliates to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

You agree that, if any portion of this Policy is held invalid or unenforceable, such portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This Policy shall be exclusively governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to its conflict of laws rules.

PROI may revise this Policy from time to time without notice by posting a new version of this document on the PROI website at http://www.PipelineROI.com/aup. Please check this policy periodically for changes.