HomeContactSearchSite MapMore Information
Realtacular
 
 
 
Support Login
    
     SOLUTIONS    >Content    >Hosting   >eCommerce   >Off-Site Customer Support   >Consultation

Website Feature :
( feature)


 

  Included

There are no long term contracts, each site owner is a month to month licensee. Licensees are required to abide by our EULA.


E.U.L.A.

  • There are No Refunds after accepting the EULA. Please contact Realtacular BEFORE accepting the EULA if you wish to receive a refund.

  • Websites are sold as templates with 3-5 hours of customization. We do not sell complete custom websites. All websites include standard features. Homepage colors, logos, image replacements and homepage layout adjustments are part of the 3-5 hours of customization. Additional features, your own ideas, etc are not included for the standard setup price.

  • Realtacular will promote and optimize your website (this goes far beyond 'submission') for top search engine placement in major search engines. We continue to promote your website until you are number 1 position in at least 2 major search engines, after which we monitor positions to ensure your position remains at the top. If it falls we will continue to promote your website to the top. Results vary. Most websites achieve first page placement (top 10) within 2-3 months. Larger cities (more competitive) usually require more time. Remember, search engines run on a 30 day cycle, so results of new work will not be apparent immediately.

    The following constitutes most points of the EULA below.


  • You always own your domain name irregardless of who has purchased it, or whether you cancel your website. You can take your domain name with you.

  • There are no long term contracts. You can cancel at any time.

  • Any content you add, change or purchase from a third party is yours and cannot be used by Realtacular for any purpose.

  • This contract is governed by the laws of the State of Texas.

  • You shall not use this Web Site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms and Conditions.

  • You may not resell the website or create copies for sale without special written permission. In most cases, for a small fee, the license is transferable.

    IMPORTANT READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You" or "Licensee")  for this website and the technology incorporated within it that displays this EULA, including any associated media, printed materials and electronic documentation (the "Website") and future additions and content additions now and hereafter. The Website may also include website updates, add-on components, patches, bug fixes, web services and/or supplements that the Licensor may provide to You or make available to You after the date You obtain Your initial copy of the Website to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing this control panel or otherwise using this Website, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not install, access or use the Website or the Administration Console.  For purposes of this EULA, the term "Licensor" refers to Wayne Bienek and/or Realtacular, and any authorized agents, except in the event that You acquired the Website from an authorized third party or any website product originally licensed Web Content  Solutions on your computer system or computer system component, then "Licensor" or refers to such authorized distributor. Any claims relating to the information available on the Web Site ("Claims") shall be governed by the laws of the State of Texas, excluding the application of its conflicts of law rules. Any claim or controversy arising out of or relating to these Terms and Conditions shall be settled exclusively by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

    In the event Wayne Bienek, Realtacular or one of it's agents purchased your domain name, BUYSELLKY.COM (and any other domain names registered by Wayne Bienek, Realtacular or itís agents) it was registered by AitDomains.com which is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .com, .net and .org TLDs. ICANN oversees the .com, .net and .org TLDs. As an accredited domain name registrar, AITDomains is, upon accepting your domain name registration application, your sponsor for that application and all involved parties are bound by the AITDomains Agreement regarding this domain name. Should this license agreement be canceled by any party for any reason, Jeff Combs shall maintain control of the domain name(s), however, all transfer charges and renewals shall be the sole responsibility of Jeff Combs who shall negotiate with AITDomains directly for any charges or renewal fees should they apply.

    You shall not use this Web Site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms and Conditions.  A onetime setup charge or a partial payment of your setup has been received and accepted, after which a payment of $55.00 per month for hosting shall be received by the 5th of every month.  Failure to receive payment shall constitute a breach of this agreement.  You may cancel at any time.  Failure to pay shall constitute your desire for cancellation.  Upon termination, you will be required promptly to return any media distributed to you or to destroy any and all copies of the website covered by this License Agreement. If you are a government agency, you acknowledge that the Product was developed at private expense and that the website is provided to you subject to RESTRICTED RIGHTS. The rights of the government regarding its use, duplication, reproduction or disclosure by the Government is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the rights in Technical Data and Computer software/website clause at DFARS 252.227-7013, and (c)(1) and (2) of the Commercial Computer software/website -- Restricted Rights clause at FAR 52.227-19. Contractor is Realtacular. You acknowledge that the software/website is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the software/website, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.   All rights are reserved as per the Uniform Commercial Code - UCC 1-207.

    Licensor may provide You with support services related to the Website ("Support Services"). Use of Support Services is governed by the policies and programs described in this agreement, in "online" documentation, or in other materials from the support services provider. Any supplemental software/website code provided to You as part of the Support Services are considered part of the Website and subject to the terms and conditions of this EULA. You acknowledge and agree that Licensor may use technical information You provide to Licensor as part of the Support Service for its business purposes, including for product support and development. Licensor will not utilize such technical information in a form that personally identifies You. For software/website licensed from the company or website.

    All title and intellectual property rights in and to the website (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the software/website), the accompanying printed materials, and any copies of the software/website are owned by Licensor or its agents, partners or suppliers. All title and intellectual property rights in and to the content that is not contained in the software/website, but may be accessed through use of the software/website, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. If this software/website contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the software/website. All rights not specifically granted under this EULA are reserved by Licensor and its suppliers. Further, you agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, download, post, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software/website, lists of users, databases or other lists, products or services provided through or obtained from Licensor, including, but not limited to the text, graphics, logos, photos, and audio and visual files, without express written permission from Licensor. You may not sell or lease this website to another party. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the web site in any manner that could damage, disable, overburden, or impair the web site or interfere with any other party's use and enjoyment of this web site. The license is non-transferable. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided by Licensor for this web site without prior written agreements.

    The Web Site is operated by Licensor and affiliates from various offices within the United States and Singapore. Licensor makes no representation that the information in the Web Site is appropriate or available for use in other locations, or with various products .  Access to the Web Site from territories where the contents of the Web Site may be illegal is prohibited. Those who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. is understood and agreed that Licensor, Incorporated will in no way be held liable or accountable for website programming or content, and does not guarantee the security of information or of the network connected to the Internet. Licensee may not lease, rent or resell this website without the express written consent of Licensor. Client agrees to defend, indemnify, save, and hold Licensor harmless from any and all demands, liabilities, losses, costs, and claims that may arise or result from any service provided, performed, or agreed to be performed or any product sold by the Licensor or its agents. This includes liabilities arising out of injury to person or property caused by products sold or distributed.  Material supplied by client violating or allegedly violating the proprietary rights of a third party; copyright infringement; and defective product sold or distributed via Licensor. Client agrees to comply with all local, state, national, and international laws regarding use of the Internet, including but not limited to trademark, copyright, patent, tax, and tariff.

    Licensor reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement. "Spamming" or the mass mailing of unsolicited messages is not permitted by the Licensee through the e-mail system provided and can result in termination of services. Also, the use of a mass mailing of unsolicited e-mail messages to advertise/promote your, regardless of point of origin, can result in termination of your services. In regards to bandwidth (transfer allowance) there is a limit of 50,000 hits per month after which each additional 1,000 is an OPTIONAL cost of $1.00 US Currency.  All verbal agreements are invalid without an express written agreement.  There are no long term contracts.  You are released from this license upon lack of hosting payment, whereby your site can be cancelled.  Failure to pay monthly hosting constitutes a breech of this agreement whereby your website may be removed from the internet.  All search engine standings will be lost and internet traffic will cease. Acceptance of this EULA voids and any all claim that may arise from the use of this website by Licensee or by any third party.

    CERTAIN LINKS IN THE WEB SITE WILL LET THE USER LEAVE THE LICENSEEES WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Licensor AND THEREFORE Licensor IS NOT RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITE(S) LINKED TO THE LICENSEE WEB SITE. CERTAIN LINKS IN THE WEB SITE WILL LET THE USER LEAVE THE LICENSEEES WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Licensor AND THEREFORE Licensor IS NOT RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITE(S) LINKED TO THE LICENSEE WEB SITE.

    Licensor reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in the Web Site. Licensor reserves the right to modify the rules and regulations governing the Web Site at any time. Modifications will be posted on the Web Site, and users are deemed to be apprised of and bound by any changes to these rules and regulations. In addition, Licensor reserves the right to make improvements and/or changes in the Content of the Web Site at any time.

    LISENSOR  SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF Licensor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE, software/website, OR RELATED INFORMATION, SERVERS, RECORDS OR PROGRAMS. ALL INFORMATION ON THE WEB SITE IS PROVIDED TO USERS ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE WEB SITE AND THE CONTENT AVAILABLE ON THE WEB SITE IS AT THE SOLE RISK OF THE USER. LISENSOR DOES NOT WARRANT THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. AS A SERVICE TO PEOPLE WHO VISIT THE WEB SITE, THIS WEB SITE PERMITS REAL ESTATE AGENTS TO PUBLISH INFORMATION REGARDING THEMSELVES AND THEIR SERVICES. Licensor DOES NOT RECOMMEND OR ENDORSE ANY OF THE REAL ESTATE AGENTS, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY THE REAL ESTATE AGENTS OR OTHERWISE THROUGH THE WEB SITE. IT IS THE RESPONSIBILITY OF EACH LICENSEE AS TO THEIR ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THEIR WEB SITE.

    YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN YOU AND IMAGE-LINE software/website WHICH SUPERSEDES ANY PROPOSALS, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND IMAGE-LINE software/website RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.





  • Web Design Features

    We are please to explain the feature of our real estate website product.