Terms of Service Agreement.doc

Please read these Terms of Service Agreement (the "Agreement") carefully. The following Terms of Service Agreement governs the use of The Vacation Bug, Inc. website (the "Website") and the services provided through or in connection with the Website (collectively, the "Service"). This Agreement is a binding agreement between The Vacation Bug, Inc. and you (the “User”). By using the Service, it is understood that the User has read and agrees to the terms of this Agreement. If the User does not agree with the enclosed terms and does not want to be bound by this Agreement, the User may not use the Service.

NOTICE TO ADVERTISERS By accepting the terms indicated within this documents and using the services provided by this website you agree to accept all liability and will be responsible for handling all claims associated with the use of this website. Furthermore, User assumes sole liability for use of any information you find within this website and agree to release The Vacation Bug, Inc. of all claims affiliated with said information. The Vacation Bug, Inc. assumes no responsibility and/or liability for the information and services contained within this website. It is understood that not all advertisements are generated by the property owners, and most advertisers are acting as agents or managers for the individual property owners. It is understood and accepted within the terms of the agreement that the responsible party shall be the individual with the rights and privileges to advertise the property and in many cases may be a representative acting on behalf of the property owner, hereafter referred to as the “property manager.”

REGISTRATION User must register with The Vacation Bug, Inc. in order to use many of the features of the Service. When registering with The Vacation Bug, Inc., the User must provide current, complete, and accurate information about User. This information shall be subject to the terms and conditions of The Vacation Bug, Inc. Privacy Policy. User agrees to update and keep current all User information.

PROPERTY MANAGER AND PROPERTY OWNER POLICIES ARE NOT REPRESENTED BY THE VACATION BUG, INC. The policies of each property manager are not under the control of or influenced by The Vacation Bug, Inc. It is the responsibility of each individual property manager to have individual policies governing rates, deposits, payment schedules, check-in and check-out, and other terms of the rental. User should assume that the reservation is not confirmed until all payments have been received by the property manager, and all of the terms and conditions of the property manager’s Rental Agreement have been agreed upon. Including but not limited to, additional rental agreement documentation provided by the property manager. Renters understand that a confirmation of a rental request from The Vacation Bug, Inc. does not constitute a reservation for the Property with the property manager. The Vacation Bug, Inc. cannot and will not give legal advice regarding any rental agreement and/or any Property Manager/Renter relationship. Any such advice from The Vacation Bug, Inc. should be discarded and in no way represents a legal opinion or advice.

THE VACATION BUG, INC. DOES NOT ACCEPT RENTER OR ADVERTISER PAYMENT INFORMATION It is the policy of The Vacation Bug, Inc. not to accept payment information from the property managers and/or property owners or renters. The Vacation Bug, Inc. will not and should not receive any payment information from any party. No party should supply any representative of The Vacation Bug, Inc. with payment or payment information. The Vacation Bug, Inc. will only receive payment for services through 3^rd party sources (Paypal and/or Merchant Account Services). TheVacationBug.com reserves the right to choose and change merchant account services without notice and at its own discretion.

USER CONTENT User understands that all User information posted on this Website are the sole responsibility of the person from whom such information originated or who approved the information for posting. Examples of this information includes but is not limited to comments, feedback, suggestions, postings, messages, text, files, images, photos, video, sounds, or other materials. The User will bear the sole responsibility for each item the User may post, approve for posting, email or otherwise make available via or through the Website. The User hereby agrees that accept all risk and liability associated with the posting of said information and as a result is responsible to evaluate any and all information prior to and throughout posting period. Furthermore it is understood that under no circumstances will The Vacation Bug, Inc. be liable in any way for any information or for any loss or damage of any kind incurred as a result of the use of any information posted, emailed or otherwise made available via the Website.

Users are aware that each property manager and/or property owner sets their own Rental Conditions and Cancellation Policies. The Vacation Bug, Inc. assumes that all property managers and/or property owners have the knowledge and ability to rent their properties on their own behalf and have taken the correct steps to make sure that they have their individual rental documents and policies in place. The Vacation Bug, Inc. does not provide any rental agreement tools and/or resources and does not assume any liability in making sure advertisers are abiding to any rental standard. Therefore, it is the sole responsibility of the User to review all rental documents and agreements and approve them on their own accord.

The Vacation Bug, Inc. does not warrant or guarantee any of the information or content of this website. Confirmation of information and/or services found within this website is the sole responsibility of the User.

Qualification of all renters shall be the sole responsibility of the advertisers.

ONLINE BOOKING All transactions are exclusively booked through the property manager and/or property owner. The Vacation Bug, Inc. will deliver all Renter contact information provided to the property manager and/or property owner at the time of inquiry. The Vacation Bug, Inc. does not warrant or represent the information provided from the Renter and will not be held liable for the accuracy of any data received from the Renter. Once contact information has been delivered from Renter to property manager and/or property owner, The Vacation Bug, Inc. has “facilitated a successful booking.” This will initiate the timeline for payment and it is the sole responsibility of the property manager and/or property owner to notify TheVacationBug.com of the status of the transaction.

WEBSITE ASSESABILITY The Vacation Bug, Inc. does not guarantee or make claim that the website will always be assessable. User should in fact, expect some downtime for website maintenance and improvement.

NOTICE TO ADVERTISERS Individual property manager and/or property owner are responsible for investigating, adhering, and staying current with all local laws and regulations including, but not limited to, permits, licenses, occupancy taxes, and safety compliance.

YOUR PROPERTY LISTING(S) As a property manager and/or property owner, User may provide or approve information (collectively, the "Listing Information") requested by The Vacation Bug, Inc. about the Property or Properties User wishes to advertise for rent. User represents and warrants that all Listing Information will be accurate and will not omit any criteria that may be prudent to the decision of a The Vacation Bug, Inc. Renter interested in renting the advertised Property. User understands that Renters will rely upon User Listing Information and any gross negligence or willful omissions about the Property may result in liability (and other consequences) to User including but not limited to cancellation of your Listing and/or account with The Vacation Bug, Inc. User will identify and make clear within property descriptions, special requirements, conditions, restrictions and qualifications for the use of the advertised Property. User will provide the Renter specific information requested regarding your Property. User expressly releases The Vacation Bug, Inc. and its Renters from any liabilities or obligations that may arise from any misrepresentations, omissions, or misstatements in the advertisement of User Listing Information provided to The Vacation Bug, Inc. User is required to make clear additional rules for use of the advertised Property, but The Vacation Bug, Inc. will have no obligation to monitor, police or enforce said rules. The Vacation Bug, Inc. accepts no liability or obligation to User or to property Renter for any violation of such rules. User understands and agrees that The Vacation Bug, Inc. is a referral service only, and in no event shall The Vacation Bug, Inc. be a party to the Rental Contract between the property manager and/or property owner and the Renter.

OWNER RESPONSIBILITIES TO THE VACATION BUG, INC. When the User uses the Service as a property manager and/or property owner, in addition to Users other obligations in this Agreement, User agrees to:

Respond promptly (and in any event within twelve (12) hours) to property and rental inquiries made by potential Renters.
Complete Rental Reports within (5 business days) or receipt. Failure to complete reports in a timely manner may result in property suspension at the discretion of TheVacationBug.com.
Provide User rental contract for the rental of your Property (your "Rental Agreement") to the Renter prior to the completion of a booking via fax, email or method agreed upon between property manager and/or property owner and Renter.
Keep all advertised property information current on the Website.
Provide The Vacation Bug, Inc. a telephone number where an advertised property representative can be reached twenty-four (24) hours a day, seven (7) days a week. This information will be used to confirm bookings only. The Vacation Bug, Inc. will not facilitate questions received from Renter following distribution of contact information.
Inform The Vacation Bug, Inc. of any problems arising under this Agreement, such as damage to the Property and/or its furnishings and violations of the Rental Contract (as defined below) associated with the use of User Property WITHIN FIVE (5) DAYS OF RENTERS CHECKOUT PER THE AVAILABILITY CALENDAR. USER EXPRESSLY WAIVES ANY AND ALL CLAIMS USER MAY HAVE AGAINST THE VACATION BUG, INC. RELATING TO RENTERS OR THE RENTAL OF USER ADVERTISED PROPERTY.
User must obtain and maintain appropriate rental zoning for the Property. It is assumed by The Vacation Bug, Inc. that the User has taken all steps to ensure that the User is in compliance with the local and state regulations concerning the zoning of advertised property. User agrees to indemnify The Vacation Bug, Inc. for any violation of this requirement as described below.
It is the Users responsibility to include and collect any state, county, city or other local tax applicable to the rental of your advertised property according to the laws and regulations in the area where your advertised property exists. User understands, acknowledges and agrees that all payment of such taxes shall be the Users responsibility and the User will promptly account for and pay all such taxes. The User agrees to indemnify The Vacation Bug, Inc. for any violation of this requirement as described below.

User agrees that we may remove any advertised property at any time, for any reason. In the event that The Vacation Bug, Inc. receives multiple negative Renter reviews The Vacation Bug, Inc. (without notice or warning) may remove the advertised listing from the Website and reserve the right to terminate User account.

MODIFICATION It is the sole right of The Vacation Bug, Inc., to change, modify or otherwise amend this Agreement at any time. Any such modifications shall become effective and enforceable immediately upon posting to the Website, and any use of the Service following such posting shall constitute user acceptance of the amended Agreement. In the event User does not wish to comply with amended Agreement, User may not use or continue to use the Service. Any attempt to modify this Agreement by User will be deemed a rejection of the Agreement.

OUR FEES (BOOKING FEES AND/OR SUBSCRIPTION FEES) The Vacation Bug, Inc. is a free service to all Renters. All fees requested from The Vacation Bug, Inc. will be based acceptance of these Terms and Conditions. The Vacation Bug, Inc. reserves the right to change, without notice, any fees related to the Services provided by The Vacation Bug, Inc. Any and all changes shall become enforceable upon posting to the Website. TheVacationBug.com charges a booking free to advertisers and/or a subscription fee. This fee is established in an agreement between the advertiser and TheVacationBug.com at the time of listing. Once a property owner agrees to a price TheVacationBug.com will honor that fee for the duration of the listing. However, rates can be changed at any time and will affect new advertisers only.

ONE PROPERTY PER ADVERTISEMENT The Vacation Bug, Inc. property managers (advertisers) agree to advertise only one property per advertisement. Furthermore, each advertisement may only refer to one specific rental property. The specific property in an advertisement may not be substituted by another property.

AGREEMENT NOT TO CIRCUMVENT Property manager and/or property owner agree not to circumvent The Vacation Bug, Inc. For purposes and clarity of this section, circumvent means establishing contact outside the Service using information you receive from the Service provided by The Vacation Bug, Inc., or canceling a booking procured through this Website after obtaining contact information, then arranging for rental or use of the Property by any means other than pursuant to this Agreement. If User fails to comply with this section, The Vacation Bug, Inc. will have the right to terminate this Agreement. Furthermore, advertisers may not include links, phone numbers, emails or any other contact information in the listing information. TheVacationBug.com is authorized to remove such information.

USE OF THE SERVICE The Vacation Bug, Inc. may allow, disallow and/or terminate the Users use of the Service at any time for any reason whatsoever; this includes termination of Service for no reason. The Vacation Bug, Inc. will not be responsible to make contact with User or respond to the User to explain conditions or reasons of termination.

LOCAL RULES AND REGULATIONS Again, Property manager and/or property owner are responsible for investigating and adhering to all local regulations including, but not limited to permits, licenses, occupancy taxes, and safety compliance.

DISPUTE RESOLUTION Any and all claims of dispute must be submitted in writing to The Vacation Bug, Inc. and sent via fax and/or email to the contact information provided herein. The Vacation Bug, inc. will evaluate each claim of dispute independently and will use the terms of this Agreement as the basis for resolution.

INDEMNIFICATION. USER AGREES TO INDEMNIFY AND HOLD HARMLESS THE VACATION BUG, INC., ITS PARTNERS, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES, AND SERVICE PROVIDERS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF USER USE OF THE SERVICE, ANY VIOLATION OF THIS AGREEMENT BY THE USER, ANY INACCURACY OR OMISSION FROM ANY INFORMATION THE USER PROVIDES THE VACATION BUG, INC., AND ANY INFRINGEMENT BY THE USER OF ANY THIRD PARTY INTELLECTUAL PROPERTY. USER INDEMNIFICATION OBLIGATIONS WILL INCLUDE BUT NOT BE LIMITED TO ANY VIOLATION OF YOUR OBLIGATIONS TO OBTAIN AND MAINTAIN PROPER ZONING FOR USER ADVERTISED PROPERTY AND TO BEAR ALL RESPONSIBILITY FOR TAXES RESULTING FROM THE USE OF USER ADVERTISED PROPERTY.

It is understood by all parties that use of the services provided by The Vacation Bug, Inc. constitutes acceptance of the terms and conditions identified in this document. It is also understood that The Vacation Bug, Inc. can, for ANY reason terminate the advertising rights of a property manager and/or property owner.