Terms of Use

1) GENERAL:
AboveMLS is a service offered by Above Media, LLC. By using AboveMLS and/or any other Above Media services, you, the Customer, agree to use the Internet in accordance with the laws and the ethical rules established or to be set up in the future. Our Terms and Conditions of Use policy is one of zero tolerance. We reserve the right to immediately discontinue services without liability, refund or continuance of any prepaid service fees. By using AboveMLS and/or any other Above Media services, you constitute your approval of our policy.

2) BILLING - GENERAL:
All accounts are set up on a pre-pay basis. All clients must pay by credit card. Above Media must receive payment before we activate any services. Customer must keep credit card information current. It is the customer's responsibility to inform Above Media on changes in credit card type, e-mail address or expiration date to their credit card. To update your credit card information, please call us with your account information and new billing information. All accounts are automatically renewed unless canceled 30 days prior to the renewal date.

Payment Methods
Above Media accepts payments by credit card only. Credit Cards currently accepted are American Express, MasterCard and Visa.

Billing Cycle
-Credit Card Billing: All credit cards are automatically billed once every month. If your credit card is declined, you will have 7 days to make payment. After 7 days, your account will be placed on hold until services are paid for.
-On Hold Status: All accounts will be placed on hold after you are 7 days past due. While in this status, all services will be suspended. Above Media keeps all suspended accounts on hold up until the 45-day past due mark. At that stage, they are changed to Collections Status. We do not delete any files or information while On Hold.
-Collections Status: After your account is delinquent 45 days, we will delete all account information, including all files contained within your web site. Once this is done, you will not be able to recover any files. Your account record and delinquent balance is then passed on to our collection agency. Above Media uses a third party to do all of its collections.

Setup Fees and First Month
All setup fees are charged within 1-2 days once order has been approved. Monthly fees start when site is live or when Above Media has provided the services listed in section 10 of this document, whichever is first.

Fees
-Chargebacks: If you issue a chargeback, either by mistake or fraudulently, Above Media will assess a $25.00 processing fee for each individual chargeback. Once a chargeback has been received, we will immediately suspend your account until the matter is resolved. If you issue a chargeback against Above Media to avoid payment (fraudulent chargeback), we will assess the $25.00 fee and add it to your account total. This will then be turned over to collections.
-Declined Credit Card Fees: Above Media charges a $2.00 credit card resubmission fee if your credit card is declined. A year after the billing cycle was declined, Above Media will drop that record from your account history.
-Past Due Termination Fee: If your account is closed by Above Media due to non-payment, we will add a $20.00 fee to your balance.

3) BILLING TERM:
Your initial term is 12 months. After the initial term, your account will change to a monthly term. Above Media charges a $250 cancellation fee during the initial term. Above Media will not pro-rate any return for unused service. For example, if you have an account that you are paying for monthly and you decide to close it a few days after your last payment, you will not be issued any refund, whether in full or pro-rated. By using Above Media, you understand and agree to this billing term. You also understand that while no refund will be issued, you are always free to keep your account open for the full amount of time you have paid for.

4) CANCELLATIONS:
Set-up fees are refundable only if the order is canceled prior to Above Media starting any work. To cancel your account, please call Above Media. You may be asked to verify your account by providing your domain name and password. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.

5) E-MAIL:
You will not send out unsolicited bulk e-mail (UBE) or Spam, nor do anything that will result in excess mail traffic. You will not use your E-mail account to receive large files or programs over 10 MBs in size. Unsolicited advertising via e-mail or newsgroups is prohibited and will result in immediate account termination without compensation. Spamming, including (but not limited to) mass e-mailing, cross posting, or otherwise causing abuse to others on the Internet is prohibited and will be grounds for account termination without compensation. If you use the services of another provider to promote a web site hosted by or through Above Media, then the provisions of the above Policy shall apply as if the unsolicited e-mail were sent through our servers.

NOTE: Any accounts caught Spamming, or running Spam scripts, will be charged a $100 clean-up fee.

6) FILTERING/SPAM PREVENTION/VIRUS SCANNING:
Above Media uses filters on all shared servers to help reduce the amount of Spam our users receive. By using AboveMLS and/or any other Above Media services, you understand and approve of such filtering. In addition to Spam filtering, we may scan attachments for suspicious file extensions, including ".exe", ".scr", and others. If an email contains an executable attachment, the message may be deleted and no other actions will be taken. The sender and yourself may not receive any notifications.

7) ILLEGAL ACTIVITY:
Illegal activities, to include; unauthorized distribution or copying copyrighted software, violation of US export restrictions, harassment, fraud, trafficking in obscene material, and other illegal activities will be reported to all regulatory, administrative and/or governmental authorities. Above Media reserves the right to report all such activities.

8) ACCESS:
Access to our servers is for the express purpose of setting up and managing your web site and e-mail. You are not to use the access to compile or run programs that do not directly relate to the web site. You will not view or attempt to modify files that do not belong to you. It is a crime to access any information in the non-public part of a computer regardless of damage or security of the information. Any actions construed to be negligent or malicious attack is strictly prohibited.

9) TIMELINE
When ordering a new web site, Above Media will provide the finished web site in a timely manner. Original Designs take at least 4-5 weeks and customized templates usually take 3 weeks depending upon your responsiveness and/or current workload. AboveMLS™ is a customized product and requires the timely communication between you and Above Media. Above Media does not guarantee any specific turnaround time, but will do it's best to complete the Project as quickly and professionally as possible.

10) SERVICES PROVIDED
When ordering a new web site, Above Media will provide the following services:

For customers ordering a customized template (Agent or Office Site)
Stage 1) Above Media will customize the chosen template according to your needs. This includes the customization of fonts, colors, pictures, text, basic layout changes, navigation structure, and names of buttons. You will offer feedback for the second stage. Stage 2) Above Media will modify the Stage 1 design that represents the feedback received from you on the Stage 1 designs. During the design development process, you may request any changes to the design that do not require major layout changes. Major layout changes include the replacement or movement of the majority of elements in the design. If you request major layout changes, you will be billed at a rate of $100 per hour.
For customers ordering an Original Design
Stage 1) Above Media will create two custom designs for both a home page and a sub page. You will have the option to draw from any elements of these two designs to offer feedback for the second stage. Stage 2) Above Media will modify the Stage 1 designs to create one design for a home, and sub page that represents the feedback received from you on the Stage 1 designs. You will offer feedback on the Stage 2 design for final modifications. Stage 3) Above Media will make final modifications to the design, based on your Stage 2 feedback and present the final design before the development phase. During the design development process, you may request any changes to the design that do not require creating a new design from scratch. If you request changes that result in creating a new design from scratch, you will be billed at a rate of $100 per hour.

AboveMLS™ installation - Create all graphics and files necessary for the installation of AboveMLS. Pages can include any available AboveMLS features for the chosen product and custom pages (text and graphics only) not to exceed 25 total pages. Any additional pages will be billed a one time fee of $30/page. You may ad as many city pages as you want for no charge, up to the number if cities in your MLS. Please refer to www.abovemls.com for available features. Features may change without notice. After the site is initially shown to you, you may make a one-time request to change the content on any of the pages for no additional cost. Content includes text, photos and colors. Any changes to the site structure, including adding or removing pages may incur an additional fee, depending on the request. Any additional requests or enhancements will be billed at $100/hr.

11) ASSIGNMENT OF RIGHTS
Above Media retains any and all of the rights, titles, and/or interests in, or related to, the work completed.

12) DISCLAIMER, LIMITATION OF LIABILITY, INDEMNIFICATION, AND WARRANTIES
In no event shall Above Media, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to customer in connection with the service be liable for any damages, including but not limited to loss of data, loss of revenue or profits, fines from other companies, or damages arising out of or in connection with the use or inability to use the service, including access to your web site, email services, and database services.

Customer agrees to defend, indemnify, and hold harmless Above Media, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, or the Services. This paragraph shall survive termination of this Agreement.

Above Media makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance or any warranty that the service will meet customer's requirements. Statements and descriptions concerning the service, if any, by Above Media or Above Media's agents or installers are informational and are not given as a warranty of any kind.

Date Posted: 3/10/2008