January 1, 2008

OnlineDestin.com is a service that allows Members to search for properties for rent. In addition, property owners can create unique personal profiles of their property in which they have for rent or lease. The services offered by OnlineDestin.com ("OnlineDestin.com" or "we") include the OnlineDestin.com website (the "OnlineDestin Website"), the OnlineDestin.com mailing service, and any other features, content, or applications offered from time to time by OnlineDestin.com in connection with the OnlineDestin Website (collectively, the "OnlineDestin Services"). The OnlineDestin Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the OnlineDestin Services. By using the OnlineDestin Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the OnlineDestin Website) or you are a "Member" (which means that you have registered with OnlineDestin.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the OnlineDestin Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the OnlineDestin Website and discontinue use of the OnlineDestin Services immediately. If you wish to become a Member, communicate with other Members and make use of the OnlineDestin Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes OnlineDestin.com's policy for acceptable use of the OnlineDestin Services and Content posted on the OnlineDestin Website, your rights, obligations and restrictions regarding your use of the OnlineDestin Services and OnlineDestin.com's Privacy Policy. In order to participate in certain OnlineDestin Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the OnlineDestin Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@OnlineDestin.com, Subject: Terms of Use Agreement.

OnlineDestin.com may modify this Agreement from time to time and such modification shall be effective upon posting by OnlineDestin.com on the OnlineDestin Website. You agree to be bound to any changes to this Agreement when you use the OnlineDestin Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

OnlineDestin.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the OnlineDestin Services at any time, for any or no reason, with or without prior notice, and without liability. OnlineDestin expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of OnlineDestin Services if OnlineDestin determines, in its sole discretion, that you pose a threat to OnlineDestin and/or its Users.

Eligibility

Use of and Membership in the OnlineDestin Services is void where prohibited. By using the OnlineDestin Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the OnlineDestin Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

Term

This Agreement shall remain in full force and effect while you use the OnlineDestin Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. OnlineDestin.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

Fees

You acknowledge that OnlineDestin.com reserves the right to charge for the OnlineDestin Services and to change its fees from time to time in its discretion. If OnlineDestin.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify OnlineDestin.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Non-Commercial Use by Members

The OnlineDestin Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by OnlineDestin.com. Illegal and/or unauthorized use of the OnlineDestin Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the OnlineDestin Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the OnlineDestin Services.

Proprietary Rights in Content on OnlineDestin.com

OnlineDestin.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the OnlineDestin Services. After posting your Content to the OnlineDestin Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the OnlineDestin Services, you hereby grant to OnlineDestin.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the OnlineDestin Services.

Without this license, OnlineDestin.com would be unable to provide the OnlineDestin Services. For example, without the right to modify Member Content, OnlineDestin.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, OnlineDestin.com could not allow Users to listen to music posted by Members. The license you grant to OnlineDestin.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to OnlineDestin.com), fully-paid and royalty-free (meaning that OnlineDestin.com is not required to pay you for the use on the OnlineDestin Services of the Content that you post), sublicensable (so that OnlineDestin.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the OnlineDestin Services), and worldwide (because the Internet and the OnlineDestin Services are global in reach). This license will terminate at the time you remove your Content from the OnlineDestin Services. The license does not grant OnlineDestin.com the right to sell your Content, nor does the license grant OnlineDestin.com the right to distribute your Content outside of the OnlineDestin Services.

You represent and warrant that: (i) you own the Content posted by you on or through the OnlineDestin Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the OnlineDestin Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the OnlineDestin Services.

The OnlineDestin Services contain Content of OnlineDestin.com ("OnlineDestin.com Content"). OnlineDestin.com Content is protected by copyright, trademark, patent, trade secret and other laws, and OnlineDestin.com owns and retains all rights in the OnlineDestin.com Content and the OnlineDestin Services. OnlineDestin.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the OnlineDestin.com Content (excluding any software code) solely for your personal use in connection with viewing the OnlineDestin Website and using the OnlineDestin Services.

The OnlineDestin Services contain Content of Users and other OnlineDestin.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the OnlineDestin Services.

Content Posted

OnlineDestin.com may delete any Content that in the sole judgment of OnlineDestin.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. OnlineDestin.com assumes no responsibility for monitoring the OnlineDestin Services for inappropriate Content or conduct. If at any time OnlineDestin.com chooses, in its sole discretion, to monitor the OnlineDestin Services, OnlineDestin.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the OnlineDestin Services, and any material or information that you transmit to other Members and for your interactions with other Users. OnlineDestin.com does not endorse and has no control over the Content. Content is not necessarily reviewed by OnlineDestin.com prior to posting and does not necessarily reflect the opinions or policies of OnlineDestin.com. OnlineDestin.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of OnlineDestin.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to OnlineDestin.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the OnlineDestin Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the OnlineDestin Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. OnlineDestin.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: copyrightagent@OnlineDestin.com.

Member Disputes

You are solely responsible for your interactions with other OnlineDestin.com Members. OnlineDestin.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy

Use of the OnlineDestin Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers

OnlineDestin.com is not responsible for any incorrect or inaccurate Content posted on the OnlineDestin Website or in connection with the OnlineDestin Services, whether caused by Users of the OnlineDestin Services or by any of the equipment or programming associated with or utilized in the OnlineDestin Services. Profiles created and posted by Members on the OnlineDestin Website may contain links to other websites. OnlineDestin.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by OnlineDestin.com. Inclusion of any linked website on the OnlineDestin Services does not imply approval or endorsement of the linked website by OnlineDestin.com. When you access these third-party sites, you do so at your own risk. OnlineDestin.com takes no responsibility for third party advertisements which are posted on this OnlineDestin Website or through the OnlineDestin Services, nor does it take any responsibility for the goods or services provided by its advertisers. OnlineDestin.com is not responsible for the conduct, whether online or offline, of any User of the OnlineDestin Services. OnlineDestin.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. OnlineDestin.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the OnlineDestin Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the OnlineDestin Services. Under no circumstances shall OnlineDestin.com be responsible for any loss or damage, including personal injury or death, resulting from use of the OnlineDestin Services, attendance at a OnlineDestin.com event, from any Content posted on or through the OnlineDestin Services, or from the conduct of any Users of the OnlineDestin Services, whether online or offline. The OnlineDestin Services are provided "AS-IS" and as available and OnlineDestin.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. OnlineDestin.com cannot guarantee and does not promise any specific results from use of the OnlineDestin Services.

Limitation on Liability

IN NO EVENT SHALL OnlineDestin.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF OnlineDestin.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OnlineDestin.com'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OnlineDestin.com FOR THE OnlineDestin SERVICES DURING THE TERM OF MEMBERSHIP.

U.S. Export Controls

Software available in connection with the OnlineDestin Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the OnlineDestin Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Disputes

If there is any dispute about or involving the OnlineDestin Services, you agree that the dispute shall be governed by the laws of the State of Georgia, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Georgia, City of Atlanta. Either OnlineDestin.com or you may demand that any dispute between OnlineDestin.com and you about or involving the OnlineDestin Services mus t be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Atlanta, Georgia, USA, provided that the foregoing shall not prevent OnlineDestin.com from seeking injunctive relief in a court of competent jurisdiction.

Indemnity

You agree to indemnify and hold OnlineDestin.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the OnlineDestin Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the OnlineDestin Website or through the OnlineDestin Services causes OnlineDestin.com to be liable to another.

Other

This Agreement is accepted upon your use of the OnlineDestin Website or any of the OnlineDestin Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and OnlineDestin.com regarding the use of the OnlineDestin Services. The failure of OnlineDestin.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. OnlineDestin.com is a trademark of OnlineDestin, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us with any questions regarding this Agreement.