Terms of Use Service Agreement

1. Acceptance of Terms
BostonApartments.com provides a collection of online resources, including classified ads, forums, and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"), which may be updated by BostonApartments.com from time to time. BostonApartments.com will provide notice of materially significant changes to the Term by posting notice on the BostonApartments.com site. You can review the most current version of the Terms at: /termsofservice.htm. By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular BostonApartments.com services, you agree to abide by any applicable posted guidelines for all BostonApartments.com services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with BostonApartments.com in any way, your only recourse is to immediately discontinue use of BostonApartments.com.

2. Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that BostonApartments.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the BostonApartments.com site and Content available through the Service may contain links to other websites, which are completely independent of BostonApartments.com. BostonApartments.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will BostonApartments.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that BostonApartments.com does not pre-screen or approve Content, but that BostonApartments.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

3. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify BostonApartments.com's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at webmaster@BostonApartments.com or:

Please provide BostonApartments.com with the following Notice:

Identify the copyrighted work or other intellectual property that you claim has been infringed;
Identify the material on the BostonApartments.com site that you claim is infringing, with enough detail so that we may locate it on the website;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
BostonApartments.com will forward this information to the alleged infringer.

4. Privacy and Information Disclosure - Privacy Policy
The following policy governs BostonApartments.com's online collection of information from you. Specifically, it outlines the types of information that BostonApartments.com gathers about you while you are using the Service, and the way that BostonApartments.com uses and doesn't use this information. This Privacy Policy, including the children's privacy statement, does not apply to any information you may provide to us or that BostonApartments.com may collect offline and/or through other means; for example, when you fill out the form to list your apartment with the agencies, fill out a form for an apartment.

The information that BostonApartments.com collects about visitors while they are using the Service falls into two general categories:

1. Information You Provide to BostonApartments.com via forms. If you fill out a form or a roommate ad the information that you privide may be collated into a daily feed to participating agencies on BostonApartments.com. They are allowed to contact you one time with regard to your request. They may not continue to maintain your information unless you ask for their continued service. BostonApartments.com does not maintain or keep copies of the records for any other purpose.

2. Information that is automatically collected. BostonApartments.com also collects and stores information that is generated automatically as you surf through the BostonApartments.com website. BostonApartments.com does NOT use "cookies" on any visitor. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. Real estate agencies and advertisers you visit through links on BostonApartments.com may, BostonApartments.com does use cookies when member real estate companies log-in to change their database and ad listings.

BostonApartments.com does have some pages that carry Google Adsense ads. Google uses the DoubleClick DART cookie on publisher pages displaying AdSense for content ads and may use and disclose this data subject to the terms of Google's advertising privacy policies and any applicable laws, rules and regulations.

BostonApartments.com will not use the information that it collects automatically online from you while you are using the Service, nor will BostonApartments.com authorize third parties to use such information to mail or e-mail promotional offers directly to you unless you have specifically filled out a form on BostonApartments.com or have written an email requesting assitance with respect ot services offerred through on of our participating agencies. Please also keep in mind that whenever you voluntarily disclose personal information online - for example on roommate ads message boards, through e-mail, or in chat areas - that information can be seen, collected and used by others besides BostonApartments.com. BostonApartments.com cannot be responsible for any unauthorized third party use of information that you disclose online.

BostonApartments.com website includes links to other websites, and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase products or services or conduct other transactions through the Service, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services.

We also make some content, products and services available through our Service through cooperative relationships with third party providers, where the brands of our provider partner appear prominently on BostonApartments.com. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly; in which cases the privacy policy of the provider partner may apply to the provider partner's use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider directly for more information. In addition, certain websites affiliated with BostonApartments.com, such as BostonRentals.com, provide certain online services that are separate from BostonApartments.com's Service and may be subject to privacy policies that are different from BostonApartments.com's. If you have any question about the privacy policy that applies to the online service you are using, you should click on the relevant link on the page of the service that you are using.

Be aware that BostonApartments.com may occasionally release information about visitors when release is appropriate to comply with law, to enforce our Terms of Service agreement, or to protect the rights, property or safety of visitors to our site, the public, or BostonApartments.com.

5. Conduct
You agree not to post, email, or otherwise make available Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that impersonates any person or entity, including, but not limited to, a BostonApartments.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
that includes personal or identifying information about another person without that person's explicit consent.
that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch".
that violates the Federal and State Laws.
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the BostonApartments.com sites which are not designated for such purposes; or (2) emailed to BostonApartments.com users who have requested not to be contacted about other services, products or commercial interests.
that constitutes posting essentially the same item or service to more than two classified categories or forums, or to more than two separate metropolitan areas.
that includes links to commercial services or web sites, except as allowed in "small business ads".
that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by Massachusetts law - a partial list of these is provided for your convenience
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted;
"stalk" or otherwise harrass anyone;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
purposefully post Content in a irrevelant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; or
attempt to gain unauthorized access to BostonApartments.com's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the BostonApartments.com website.

6. No Spam Policy
You understand and agree that sending unsolicited email advertisements to BostonApartments.com email addresses or through BostonApartments.com computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Massachusetts. Any unauthorized use of BostonApartments.com computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ï¿½ 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

7. Limitations on service
You acknowledge that BostonApartments.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that BostonApartments.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that BostonApartments.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that BostonApartments.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. Termination of service
You agree that BostonApartments.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if BostonApartments.com believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that BostonApartments.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.

9. Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that BostonApartments.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that BostonApartments.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release BostonApartments.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

10. Proprietary Rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. BostonApartments.com is a registered mark in the U.S. Patent and Trademark Office.
Although BostonApartments.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to BostonApartments.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

11. Disclaimer of Warranties
YOU AGREE THAT USE OF THE BOSTONAPARTMENTS.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE BOSTONAPARTMENTS.COM SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BOSTONAPARTMENTS.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BOSTONAPARTMENTS.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, BOSTONAPARTMENTS.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BOSTONAPARTMENTS.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BOSTONAPARTMENTS.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BOSTONAPARTMENTS.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE BOSTONAPARTMENTS.COM SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

12. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL BOSTONAPARTMENTS.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BOSTONAPARTMENTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE BOSTONAPARTMENTS.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE BOSTONAPARTMENTS.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE BOSTONAPARTMENTS.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BOSTONAPARTMENTS.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BOSTONAPARTMENTS.COM SITE OR THE SERVICE OR ANY LINKS ON THE BOSTONAPARTMENTS.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BOSTONAPARTMENTS.COM SITE OR THE SERVICE OR ANY LINKS ON THE BOSTONAPARTMENTS.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

13. Indemnity
You agree to indemnify and hold BostonApartments.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

14. General information
The Terms constitute the entire agreement between you and BostonApartments.com and govern your use of the Service, superceding any prior agreements between you and BostonApartments.com. The Terms and the relationship between you and BostonApartments.com shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and BostonApartments.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Boston, Massachusetts. The failure of BostonApartments.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by copying or identifying it for review, or by emailing to Webmaster@BostonApartments.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay BostonApartments.com liquidated damages as follows:

a. If you post an ad or message in violation of these Terms of Use, other than as described above, you agree to pay BostonApartments.com one hundred dollars ($100) for each such message. In its sole discretion, BostonApartments.com may elect to issue a warning before assessing damages.

Otherwise, you agree to pay BostonApartments.com's actual damages, to the extent such actual damages can be reasonably calculated.

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