LICENSE AND WARRANTY:
The Service which accompanies this license (the "Service") is the property of BayNet® World, Inc. ("BayNet") , it’s partners, affiliate or its licensors and is protected by U.S. copyright and patent law. While BayNet® World, Inc. continues to own the Service and the Software underlying it, you ("Customer") will have certain rights and obligations in using the Service after your acceptance of this license. Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the use of this Service are as follows:

DESCRIPTION OF SERVICE:
ListingAlert! is a Service and software for use ONLY by licensed real estate agents. It allows agents to set up via a Web page interface a number of home buyer profiles with their requirements and then receive, in an automated fashion and mediated by the ListingAlert! Software on BayNet's Server Computer, Pager, Pager or Email alert notifications when a new property listing matching any buyers' needs has been entered/posted on the MLS (Multiple Listing Service)..

To use ListingAlert! you will need the latest version of Netscape Navigator or Microsoft Internet Explorer. The software may not work properly with earlier browser versions.

LISTINGS DISCLAIMER
Listings are the property of the MLS and one provided by Baynet to the REALTOR(R) thru a third party agreement.

Please note, it is the end user’s responsibility to determine if any of the images on the site are copyright protected or not, and it will be in the end user’s best interest to provide their own images and or replace existing images. Baynet will make all efforts not to use any copyrighted images.

WHO MAY USE ListingAlert!
You may use the Service only for your own purposes, for your own clients. You must be a licensed real estate agent, with a valid account to access the MLS, in good standing with your MLS and in compliance at all times with your MLS' Rules and Regulations. BayNet is neither a licensed realtor nor a multiple listing service (MLS). This Agreement does not grant you access to any MLS database.

PRICING AND PAYMENT:
You will be asked at sign-up to enter your credit card number or check. BayNet will keep your credit card information secure and confidential. By accepting this License Agreement and by providing your credit card payment information you agree to the pricing set forth herein and agree to be billed for the Service, as described, until you or BayNet terminates the Service Agreement.

The Service is priced per year, per half year, per three month or per month, and the minimum INITIAL TERM is 3 months. BayNet reserves the right to change the pricing from time to time, as it deems fit, at its own discretion. You will be given 30 days notice of any price changes. The current price for the service and any pricing options are posted at http://www.listingalert.net/pricing.asp

Renewals will be done automatically unless service is cancelled by subscribers. All cancellation should be sent to support@baynet.com or faxed to 408 738 1130

CANCELLATION:
Baynet services are cancelable anytime after the date of initial signup or renewal, you must send a cancellation request via e-mail to support@baynet.com. All accounts will be auto renewed, one week prior to the anniversary. If you are canceling your account before the next renewal date, you must have this done one week prior to your expiration date (please call Baynet to verify your expiration date). Any cancellations after your signup or renewal date will result in a prorated credit being issued to you by your method of payment LESS a $150 cancellation and processing fee. Credit Card Surcharges will also apply.

CONFIDENTIALITY:
BayNet warrants that all information about yourself, your credit card and your clients will be held in confidentiality and secure. BayNet will not release or sell or otherwise use the information you provided for any other purpose than as necessary to operate the ListingAlert! service.

ADVERTISING:
BayNet reserves the right to publish, without notice to Customer, banner advertising on any ListingAlert! Web pages, including Client pages. BayNet intends to use the revenue generated from such advertising to improve the functionality of ListingAlert! . BayNet will make sure that the advertising is in good taste and non-obtrusive. Should Customer have good cause and reason to believe that the Advertising in any way negatively affects Customer's Client Relationships, or Customer's own effective use of the Service, then BayNet agrees to exclude Customer's and his/her Client's pages from receiving advertising.

EMAIL and VIRUSES:
Please note that we may intercept and monitor incoming/outgoing email and therefore you should neither expect nor intend any email to be private in nature. We believe but cannot guarantee that the email is virus free prior to leaving our computer system. You should satisfy yourself that it is free from harmful components, as we do not accept responsibility for any loss or damage it may cause to your computer systems.

LIMITED WARRANTY:
BayNet® World, Inc does not warrant that the Service will meet your requirements or that operation of the Service will be uninterrupted or that the Service will be error-free

BayNet or it’s partners are not in charge of, is not in control of, is not responsible for information posted on the MLS (Multiple Listing Service) or with any of the mobile/fax/pager companies the customer may indicate in his/her profile. Customer understands that the correct functioning of the Service is dependent upon the availability of the MLS database and the mobile/fax/pager services used.

BayNet's sole obligation under this Agreement is to maintain the Service and Software and the corresponding hardware and to assure reasonably uninterrupted service. All other obligations are hereby refuted, including the system's suitability for any particular purpose. Under no circumstance shall BayNet. or their employees be held responsible for any liability greater than the amount of one month subscription fee stemming from the use of the Service, including but not limited to loss of revenue or profits, loss of use, interruption of business, or for any indirect, special, incidental, or consequential damages of any kind, based upon any claim, whether in contract or tort, arising out of or related to this agreement.

All information gathered by this Service is deemed reliable but not guaranteed. Client is strongly advised to take appropriate steps to determine the accuracy of any information provided by this Service before acting on it.

The above warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.

MOBILE ALERTS DISCLAIMER:
Baynet World, Inc. assumes no responsibility for the non-delivery or failure of any mobile alerts delivered through ListingAlert! or related Baynet products as a result of a wireless carrier's failure to deliver the alert or as a result of a wireless carrier's service failure. In addition, we assume no liability for failure of mobile services as a result of incorrect configuration or software compatibility issues that are inherent or present in an agent's mobile phone/device. The Real Estate Agent (client) of Baynet World, Inc. agrees to indemnify and hold Baynet harmless for any such failures or lapses of service.

DISCLAIMER OF DAMAGES:
Regardless of whether any remedy set forth herein fails of its essential purpose, in no event will BayNet be liable to you for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the use or inability to use the Service, even if BayNet has been advised of the possibility of such damages.

Note: Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you. In no case shall BayNet's liability exceed the purchase price for the Service. The disclaimers and limitations set forth above will apply regardless of whether you accept the Service or not. Your responsibilities under this Agreement shall be considered to be the same as if you were to perform the searches yourself, including responsibility for moderating which information is released to non-MLS members.

U.S. GOVERNMENT RESTRICTED RIGHTS:
Restricted rights legend. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1) (ii) of the Rights in Technical Data and Computer Service clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Service-Restricted Rights clause at 48 CFR 52.227-19, as applicable.

GENERAL:
This Agreement will be governed by the laws of the State of California. This Agreement may only be modified by a license addendum which accompanies this license or by a written document which has been signed by both you and BayNet® World, Inc. Should you have any questions concerning this Agreement, or if you desire to contact BayNet® World, Inc for any reason, send Email to support@baynet.com or call (408) 738-1111.