NetReal provides real estate agents
and agencies a variety of tools and resources to collect
visitor email addresses and to create, launch, and manage
online email campaigns (including the farming and prospecting
newsletters). This service may not be used for the sending
of unsolicited email.
The following are the terms and conditions
for use of the Services. By checking the 'I accept these
terms and conditions' box on the sign-up page or by logging
in to NetRealinTouch, you accept these terms and conditions.
Subject in each case to the terms listed in the remainder
of this Agreement, you hereby acknowledge and agree that:
• NetReal may not be used for the sending of unsolicited email (sometimes called "spam").
• NetReal may only be used for lawful purposes.
• The Services will be subject to monthly subscription fees ("Paid Services")
once you have completed your free trial period or have exceeded the free subscriber
• NetReal will not use your customer list/subscriber list or any other customer
information for any other purposes than those intended with the Service.
• You agree you will not access or otherwise use third party mailing lists
in connection with preparing or distributing unsolicited email.
• You agree to import, access or otherwise use only permission-based lists
(note: purchased lists may not be used) in connection with your use of the Services.
• Every email message sent in connection with the Services must contain the
NetReal "unsubscribe" link that allows subscribers to remove themselves from
your mailing list.
• You agree to process unsubscribe requests within a 10 day timeframe
2. Services and Support
2.1 The Services are provided subject to this Agreement, as it may be amended
by NetReal, and any guidelines, rules or operating policies that NetReal may
establish and post from time to time (the "Agreement"), including without limitation
or otherwise furnished to you (the "Policy") (unless otherwise stated, all references
to the Agreement shall include the Policy). By posting updated versions of the
Agreement on the NetRealinTouch.net website, or otherwise providing notice to
you, NetReal may modify the terms of the Agreement and may discontinue or revise
any or all other aspects of the Services in its sole discretion. All such changes
shall become effective upon posting of the revised Agreement on the Service or
at NetReal’s website.
2.2 The Services are available only to persons who can form legally binding contracts
under applicable law. Without limiting the foregoing, the Services are not available
to individuals under the age of 18. If you do not qualify, you are not permitted
to use the Services.
2.3 You must complete the registration form on the Sign
Up page in order to use the Services. You will provide true, accurate, current,
and complete information about yourself as requested in the registration form.
You are responsible for maintaining the security of your account, passwords,
3. Free Trial, Fees and Payment
3.1 Once you have completed your free trial period or have exceeded the free
subscriber limit, you will be subject to monthly subscription fees. You will
be required to submit payment for Services (unless you have already provided
payment or means of payment, such as credit card information) and may purchase,
in advance, a monthly subscription for Paid Services. Access to the Services
will be disabled until payment is received.
3.2 Fees will be billed monthly
or yearly or your pre-paid account will be debited monthly for Services. The
Fee Schedule, including subscriber levels and prices, is subject to change at
any time in NetReal’s discretion. NetReal will attempt to notify you via email
prior to the effectiveness of any change to the Fee Schedule.
3.3 Payment for
Services will be made by a valid credit card accepted by NetReal. Fees are payable
in US dollars. If the monthly payment option is selected or if you have previously
provided your credit card for payment, you hereby authorize NetReal to charge
your credit card for such amounts on a regular monthly basis. If NetReal is for
any reason unable to effect automatic payment via your credit card, NetReal will
attempt to notify you via email and your NetReal account will be disabled until
payment is received. Amounts paid for the Services are not refundable.
3.4 You acknowledge and agree that you are responsible for paying Fees for all
email messages sent through NetRealinTouch, regardless of whether delivery of
such messages to their intended recipients is prevented or blocked by any third
4. Email, Image Hosting & Permission Practices
4.1 Every email message sent in connection with the Services will contain an "unsubscribe" link
that allows subscribers to remove themselves from your mailing list. You acknowledge
and agree that you will not remove, disable or attempt to remove or disable either
4.2 You agree to import, access or otherwise use only permission-based
4.3 If you have used the NetReal feature that allows you to request a recipient
to confirm that you have his or her permission to send emails to him or her,
and such recipient has not responded or does not respond affirmatively to such
request for confirmation, you agree that you shall not send emails to that recipient.
4.4 You cannot mail to distribution lists, newsgroups, or spam email addresses.
You cannot copy a NetReal template or any other features or functionality from
the Services and use them for any purpose other than sending emails from the
4.5 You are responsible for monitoring, correcting, processing unsubscribe requests
within 10 days, and updating the email addresses to which messages are sent through
your NetReal account.
4.6 Emails that you send through the Service may generate
abuse complaints from recipients. As a matter of privacy, NetReal cannot share
with you the email addresses of those who complain about your email campaign.
You are responsible for ensuring that your email campaigns do not generate a
number of abuse complaints in excess of industry norms. NetReal, in its sole
discretion, shall determine whether your level of abuse complaints is within
industry norms, and its determination shall be final, binding and conclusive
for all purposes under this Agreement.
4.7 Images hosted by NetReal may only be used in connection with the Service
and for no other purpose whatsoever.
4.8 You are responsible for complying at
all times with the NetReal Prohibited Content and Commerce Policy.
4.9 NetReal, at its own discretion, may immediately disable your access without
refund to the Services if NetReal believes in its sole discretion that you have
violated any of the email and permission practices listed above, or the NetReal Prohibited
Content and Commerce Policy.
5. Restrictions and Responsibilities
5.1 NetReal will not use your customer list or any other customer information
for any other purposes than those intended with the service. Your customer information
will not be shared with any other parties unless required by law.
5.2 This is
an Agreement for Services, and you are not granted a license to any software
by this Agreement. You will not, directly or indirectly: reverse engineer, decompile,
disassemble, or otherwise attempt to discover the source code, object code, or
underlying structure, ideas, or algorithms of, or found at or through the Services
or any software, documentation, or data related to the Services ("Software");
remove any proprietary notices or labels from the Services or any Software, modify,
translate, or create derivative works based on the Services or any Software;
or copy, distribute, pledge, assign, or otherwise transfer or encumber rights
to the Services or any Software.
Unless you are an authorized NetReal Reseller,
you may not display, copy, reproduce, or distribute the Software, any component
thereof, any documentation provided in connection with the Services or the Software,
or any content, including but not limited to newsletters, distributed to you
by NetReal in connection with the Services. Violation of these restrictions may
result in the termination of this Agreement.
5.3 The Services shall be used for your internal business (which includes civic
or charitable) purposes only, and you shall not use the Services or any Software
for timesharing or service-bureau purposes or otherwise for the benefit of a
third party. If you are using the Services in any country in the European Community,
the prohibition against modifying, translating, reverse engineering, decompiling,
disassembling or creating derivative works based on the Services or the Software
does not affect your rights under any legislation implementing the E.C. Council
Directive on the Legal Protection of Computer Programs.
5.4 You acknowledge
and agree that the Services and the NetReal company names and logos and all related
product and service names, design marks and slogans, are the property of NetReal
or its affiliates or suppliers (collectively, the "Marks"). You are not authorized
to use any of the Marks in any advertising, publicity or any other commercial
manner without the prior written consent of NetReal. Your use of the Services
confers no title or ownership in the Services, the Software or the Marks and
is not a sale of any rights in the Services, the Software or the Marks.
You represent, covenant, and warrant that you will use the Services only in compliance
with the Agreement, the federal CAN-SPAM Act of 2003 and all other applicable
laws (including but not limited to policies and laws related to spamming, privacy,
obscenity, or defamation). You agree you will not access or otherwise use third-party
mailing lists in connection with preparing or distributing unsolicited email
to any third party. You hereby agree to indemnify and hold harmless NetReal and
its business partners, third-party suppliers and providers, licensors, officers,
directors, employees, distributors and agents against any damages, losses, liabilities,
settlements, and expenses (including without limitation costs and reasonable
attorneys' fees) in connection with any claim or action that arises from an alleged
violation of the foregoing or otherwise arising from or relating to your use
of the Services. In addition, you acknowledge and agree that NetReal has the
right to seek damages when you use the Services for unlawful purposes, in an
unlawful manner, and/or in a manner inconsistent with the terms of this Agreement,
and that such damages may include, without limitation, direct, indirect, special,
incidental, cover, reliance and/or consequential damages. Although NetReal has
no obligation to monitor the content provided by you or your use of the Services,
NetReal may do so and may remove any such content or prohibit any use of the
Services it believes may be (or is alleged to be) in violation of the foregoing.
5.6 The Services may only be used for lawful purposes. Transmission or solicitation
of any material that violates United States federal, state or other laws that
may apply in this jurisdiction or your local area is prohibited. For details,
see NetReal’s Prohibited Content and Commerce Statement, the terms of which are
incorporated into this Agreement by reference.
5.7 For every email message sent
in connection with the Services, you acknowledge and agree that the Services
may automatically add an identifying footer stating "Powered by NetRealinTouch" or
a similar message. You agree to cooperate with and provide reasonable assistance
to NetReal in promoting and advertising the Services.
5.8 In using the varied
features of the Services, you may provide information (such as name, contact
information, or other registration information) to NetReal. NetReal may use this
information and any technical information about your use of the Services to tailor
its presentations to you, facilitate your movement through the Service, or communicate
separately with you. If you licensed the Services as a result of solicitation
by a Marketing Partner of NetReal, NetReal may share your information with the
Marketing Partner and the Marketing Partner may share information with NetReal.
NetReal will not provide information to companies you have not authorized for
that purpose unless required by law or if you are terminated from NetReal due
to unsolicited commercial email being sent from your NetReal account.
5.9 If you receive special discounts through a Marketing Partner, those discounts
may not be available if you cease to continue to be a customer of the Marketing
Partner, in which case NetReal’s standard rates will apply. The Marketing Partner
may notify NetReal of any change in your status.
6.1 You may terminate this Agreement at any time by contacting NetReal
Support at firstname.lastname@example.org . There are no refunds for any fees paid.
NetReal may terminate this Agreement or the Services, disable your account or
put your account on inactive status, in each case at any time with or without
cause, and with or without notice. NetReal shall have no liability to you or
any third party because of such termination or action.
6.3 NetReal will delete
any of your archived data within 30 days after the date of termination. After
termination, you are required to process all unsubscribe
requests within 30 days of your last email campaign. All sections of this Agreement
that by their nature should survive termination will survive termination, including,
without limitation, ownership, warranty disclaimers and limitations of liability.
If your account is classified (at NetReal’s sole discretion) as inactive
for over 120 days, NetReal has the right to permanently remove your subscriber
data. NetReal will attempt to contact you via email prior to taking any permanent
6.5 You may cancel your monthly renewing membership with 14 days notice in writing only to email@example.com. Any amounts paid prior to your cancellation will not be refunded.
7. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY
ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. NETREAL
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES
IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.
THE SERVICES ARE PROVIDED "AS IS" AND NETREAL DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive
remedy for any failure or nonperformance of the Services shall be for NetReal
to use commercially reasonable efforts to adjust or repair the Services.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL NETREAL OR ANY OF ITS UNDERLYING
SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS,
LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF NETREAL SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, NETREAL IS FOUND LIABLE
TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE
ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE), THE LIABILITY OF NETREAL TO YOU WILL BE LIMITED TO THE AMOUNT YOU
PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY
NOT APPLY TO YOU.
This policy covers how we use your personal information. We take your privacy seriously and will take all measures to protect your personal information.
Any personal information received will only be used to fill your order. We will not sell or redistribute your information to anyone.
10. Refund Policy
If you are not 100% satisfied with your purchase, within 120 days from the purchase date, we will fully refund the cost of your order.
11. Physical address
Netreal.net and the related websites (netrealagent.net, netrealcampaigns.net, netrealintouch.com) are owned and operated by
NetReal Media LLC
Physical address: Toporului Street 33, Sector 2, Bucharest 022565, Romania