Cyberhomes™ USER AGREEMENT

(Effective September 15, 2008)

1. ACKNOWLEDGEMENT AND ACCEPTANCE

1.1 This User Agreement constitutes a legal document (“User Agreement”) between you, the user, and Fidelity National Real Estate Solutions, LLC d/b/a Cyberhomes (“Cyberhomes”) and consists of the most recent version of the terms and conditions of this User Agreement, Cyberhomes’s applicable policies and guidelines for the Cyberhomes Ad Services (the "Guidelines"), and the terms of use for the Cyberhomes.com web site (all together, the "Terms"). Any person or entity acting on your behalf shall also be bound by the Terms and you agree to be responsible for such person's or entity's actions.

1.2. The Terms state the terms and conditions under which you may use the Cyberhomes Ad Services (the “Services”). Please read all of the Terms carefully before accessing and using the Services. All materials, services and information provided as part of the Services shall be used solely in accordance with the Terms. By using and accessing the Services, you indicate that you have read and understand the Terms and agree to be bound by their terms and conditions. If you do not accept the Terms, do not access and use the Services.

1.3. By clicking the "PLACE ORDER" button, you represent and warrant that you are 18 years of age or older, that you have provided true, accurate, current and complete information (including an accurate email address) as prompted by the service registration form, that you have the power and authority to enter into and perform under the Terms and that you agree to be bound by the Terms and to comply with all applicable laws, rules, regulations and orders.

1.4. Cyberhomes reserves the right, in its sole discretion, to update, change, add or remove all or part of the Terms from time to time with or without notice to you. You can find the most recent version of this User Agreement, the most recent version of the Guidelines and the most recent version of the Cyberhomes Terms of Use. Regardless of whether Cyberhomes has provided you notice, your continued use of the Services following Cyberhomes's notice or posting of changed Terms will constitute your acceptance of such changes. It is your responsibility to check regularly for changes to the Terms and ensure that any contact, billing or payment information you provide to Cyberhomes is updated and correct.

2. DESCRIPTION OF THE CYBERHOMES LOCAL AD SERVICE

2.1. The Services are services provided by Cyberhomes to serve the needs of real estate brokers and agents and other businesses that wish to advertise on the Cyberhomes web site located at www.cyberhomes.com (the “Cyberhomes Site”). Business owners who sign up for the Services may submit an advertisement (an “Ad”) for placement on the Cyberhomes Site in the available geographic area(s) chosen by the business owner from geographies provided by Cyberhomes.

2.2. To participate in the Services, you must have a valid CyberhomesPro ID. If you do not yet have a CyberhomesPro ID, you will be prompted to create one during the registration or purchase process on www.cyberhomespro.com. You are responsible for keeping your CyberhomesPro ID, password and other Service account information confidential. You agree to notify Cyberhomes immediately of any actual or suspected unauthorized use of your CyberhomesPro ID, password or access to any Service.

2.3 The Cyberhomes Ad Services consist of Cyberhomes Local Ads and Cyberhomes Neighborhood Expert™ services.

2.3.1 Cyberhomes Local Ads (“Local Ads”) services are Ads sold at the Zip Code level and are displayed on the Cyberhomes Site when a consumer searches homes for sale or home valuations within the purchased Zip Code area(s). If the geography selected by the consumer retrieves more than four Local Ads for display, then the sold ad units are grouped into four ad units and the resulting groups of four ads are randomly selected for display on the page.

Local Ads measure 180x90 pixels. If the user purchases two, three or four Local Ads, the user may either display separate 180x90 pixel ad units or display one 360x90, 540x90 or 728x90 ad unit in place of the two three or four Local Ads, respectively.

2.3.2 Cyberhomes Neighborhood Expert™ (“Neighborhood Expert”) services are sold by Zip Code. Only one user may purchase Neighborhood Expert services for a Zip Code. The Neighborhood Expert services include (i) one 728x90 pixel Ad for display on the Cyberhomes Site when a consumer searches homes for sale or home valuations within the purchased Zip Code area(s), (ii) exclusive access online market data information for the purchased Zip Code(s), (iii) ability to create direct mail pdf files, and (iv) exclusive access to a cobranded version of the Cyberhomes property report for the purchased Zip Code(s).

If the geography selected by the consumer retrieves a Neighborhood Expert Ad and one or more Local Ads for display, then the sold ad units are grouped into four Local Ad units (or the equivalent one Neighborhood Expert Ad) and the resulting groups of Ads are randomly selected for display on the page.

The online market data information, direct mail pdfs and cobranded Cyberhomes property report are only available for the purchased Zip Code(s). Any printing costs associated with the direct mail pdfs or Cyberhomes Property Reports are the responsibility of the user.

3. PROVISION OF YOUR AD

3.1. Your Ad must comply with the Guidelines set forth. It is your responsibility to keep backups of all Ads as Cyberhomes is not responsible for the loss of any Ads for any reason.

3.2. All Ads submitted to the Service must meet the following minimum criteria:

3.2.1. The Ad must be for a business based in the United States.

3.2.2. The business must provide either a Web site for the business or detailed information about the business such as a telephone number and other information that is valuable to the user. The business can also provide both a Web site and detailed information about the business.

3.2.3. The Ad and the web site for the Ad, if any, must be in the English or Spanish language with the official business name visible to any visitor to that site.

3.2.4. The Ad, and the web site(s) at the URLs included as part of the Ad, if any, must not contain any content, products, services, or other information that in Cyberhomes's reasonable determination (i) may be illegal under any applicable law, statute, ordinance, or regulation, (ii) may infringe or violate anyone's rights, or (iii) is inflammatory, offensive, or otherwise inconsistent with the spirit of any Service.

3.2.5. Cyberhomes expressly prohibits any impermissible activities through any Service or your Ad, including but not limited to: (a) listing businesses with inappropriate or inaccurate information; (b) multiple submissions of identical Ads under different Cyberhomes ID's, aliases or accounts; or (c) any other fraudulent activity or purpose, including linking to pages designed to spread viruses, worms, time bombs, cancelbots, or other similarly harmful or deleterious programming routines. Cyberhomes may immediately terminate this User Agreement if Cyberhomes suspects that you are engaged in any impermissible activities through any Service. These criteria are minimum requirements only, and Cyberhomes, in its sole discretion, may consider other criteria before accepting or rejecting an Ad.

3.3. Cyberhomes reserves the right to decide whether, where, and how an Ad is displayed. Cyberhomes will have the right, but not the obligation, to review the contents of your Ad. Your Ad may be categorized into Cyberhomes Ad category(ies), and will be placed in a geographic area by Cyberhomes based on the search address provided by you. Nothing in the Terms obligates Cyberhomes to place your Ad within a specific category or subcategory, if applicable, or to provide any comments or annotations with the Ad. It is your responsibility to keep backups of all Ads, as Cyberhomes is not responsible for the loss of any Ads for any reason. You acknowledge and agree that Cyberhomes has the right, at any time and for any reason, to redesign or modify the organization, structure, specifications, "look and feel," navigation, guidelines, features and other elements of the Services and any section of the Cyberhomes Site, including any pages on which your Ad may be displayed or delivered, or linked to or from.

3.4. You hereby grant to Cyberhomes and its affiliates a non-exclusive, worldwide, royalty-free license to use, reproduce, reformat, publicly display, publicly perform and electronically distribute your Ad or portions thereof (including any content, images, technology, trademarks, or other brand features contained therein) during the Term for the purposes of (a) displaying and promoting you and your Ad; and (b) providing features and functionality of Cyberhomes, its affiliates, and the Cyberhomes Site, including but not limited to the right to incorporate your Ad into a searchable database. Cyberhomes will have the right, but not the obligation, to review your Ad. Cyberhomes reserves the right to immediately cancel or reject, without notice, any Ad, or suspend your access to any Service and terminate the User Agreement and your Cyberhomes ID (including email), at any time for any reason whatsoever (including but not limited to the belief by Cyberhomes that the Ad or any information included in an Ad may subject Cyberhomes to criminal or civil liability). Nothing herein will limit Cyberhomes' right to use any information or data that is in the public domain or that is publicly accessible.

3.5. You represent and warrant to Cyberhomes that: (a) you have, and will have at all times, all right, title and interest necessary to grant to Cyberhomes any and all licenses hereunder for the purposes contemplated by these Terms, including the right to publicly display and electronically distribute any content, images, technology, trademarks, or other brand features contained in your Ad; (b) nothing in your Ad is false, misleading, defamatory, libelous, slanderous, illegal or threatening; (c) you have all necessary rights, permits and licenses under all applicable laws, rules and regulations to promote, offer for sale, sell, and ship all products or services available through the business identified in your Ad regardless of whether such products or services are described in your Ad; (d) you will not engage in any illegal or impermissible activities; (e) you are solely responsible for all customer service, order fulfillment, product returns, or payment of taxes or charges associated with any products or services that link from an Ad or from a site included in your Ad; and (f) your Ad (including all content, images, trademarks, and technology contained therein) and all products, services and materials available from your site will comply with all applicable laws, rules and regulations (including without limitation the Federal Fair Housing Act, the Federal Equal Credit Opportunity Act, and all state and local fair housing/fair lending laws) and the Terms and the Cyberhomes’ Privacy Policy and will not infringe the rights of any third party, including any intellectual property rights.

3.6. You acknowledge and agree that Cyberhomes has the right, at any time and for any reason, to redesign or modify the organization, structure, specifications, "look and feel," navigation, guidelines, features and other elements of the Services and any section of the Cyberhomes Site, including any pages on which your Ad may be displayed or delivered, or linked to or from.

4. PAYMENT TERMS

4.1. By clicking on the "PLACE ORDER" button on the order confirmation form, you authorize Cyberhomes to charge your credit card the monthly fee for each of the Services specified when your order is placed. No part of this amount is creditable or refundable. You acknowledge and agree that the charge of your credit card does not in any way guarantee the acceptance or display of your Ad or portions thereof in any form, or any measure of performance or success of your Ad.

4.2. In order for Cyberhomes to consider your order, you must submit a valid credit card number as part of the registration form. You agree that your credit card will be charged (a) the current monthly fee on the date that you submit your order for Services, and (b) the current monthly fee on the same day of each subsequent month during the term of this Agreement. All fees are non-refundable and non-creditable. Cyberhomes may change its fees upon notice to you.

4.3. You authorize Cyberhomes to automatically charge your credit card each month the applicable monthly fee. You: (a) must keep your credit card information current; (b) authorize Cyberhomes to store your credit card and billing information; (c) authorize Cyberhomes to automatically charge your credit card each month; and (d) agree that your authorization is valid until the termination of the User Agreement by you or Cyberhomes or until your credit card expires. If at any time Cyberhomes is unable to successfully charge your credit card or the charge is refused, the display of your Ad and access to the Services may be suspended by Cyberhomes and the inventory may be released and resold.

4.4. If the display of your Ad is suspended pursuant to Section 4.3 above, you will need to re-authorize Cyberhomes to charge your credit card at least the then-current minimum charge to re-enable the display of your Ad.

5. TERM AND TERMINATION

5.1. The initial term of the User Agreement will be for a period of one (1) month commencing on the date that you click the "PLACE ORDER" button on the order confirmation form, or any longer period of time indicated during your registration for Service(s) (the "Initial Term") and will automatically renew for successive monthly periods (collectively, the "Term") at renewal rates applicable at the time, unless terminated by either party according to the terms of Sections 5.2 or 5.3 below; provided, however, that to qualify for each renewal the ad must, at the time of renewal, be in substantial compliance with the material terms and conditions of the Terms. Cyberhomes shall have the right, but not the obligation, to review any Ad for compliance with the Terms as part of the renewal process, or at any time.

5.2. Either party may immediately terminate the User Agreement at any time, in its sole discretion; provided, if Cyberhomes is the terminating party, then notice will be provided to you in the manner described in Section 12 and the termination will be effective upon your receipt of such notice.

5.2.1 For Cyberhomes Local Ads: If you are the party terminating, then you must complete the online process for termination set forth here and termination will be effective when your request is completely processed. Your Cyberhomes ID and password will be required for you to complete the online termination process, and it is your responsibility to remember these.

5.2.2 For Cyberhomes Neighborhood Expert™: If you are the party terminating, then you must contact us at customercare@cyberhomes.com to terminate the Service.

5.3. If termination of the User Agreement takes place prior to the end of a pre-paid month, you will not receive a refund of amounts paid for the month in which termination occurs. You authorize Cyberhomes to keep and use during and after the Term, in accordance with Section 6 below, a record of any information related to your use of the Services.

5.4. Notwithstanding anything to the contrary herein, Cyberhomes may, but has no duty to, immediately terminate the User Agreement and remove any Ads if Cyberhomes in its sole discretion concludes that: (a) you have provided false information as part of your registration or billing information (including credit card related information); (b) you are engaged in fraudulent or illegal activities or the sale of illegal or harmful goods or services in conjunction with an Ad; (c) you have materially violated the Terms or the Privacy Policy (as defined in Section 6.1 below); or (d) you are engaged in activities or sales that may damage the rights of Cyberhomes or others. Any termination under this section 5.4 will take effect immediately without any opportunity to cure. For the month in which termination of this Agreement occurs, your credit card will be charged the full amount of the then-current monthly fee without any pro-ration of any kind.

5.5. If your Cyberhomes ID is terminated for any reason, the User Agreement and your access to the Services may also be terminated pursuant to Section 5.4.

5.6 Upon termination of the User Agreement for any reason, your Ads will be removed from display and may be resold, your access to the Services will terminate and your right to use any trademark or logo of Cyberhomes will terminate. The provisions of Sections 3.5, 5.2, 6, 7, 8, 9, 10, 11, 12 and 13 and this section 5.6 will survive any termination or expiration of the User Agreement.

6. PRIVACY AND COMMUNICATIONS

6.1. Your registration information is subject to our privacy policy as set forth (the "Privacy Policy"). In accordance with the Privacy Policy, you agree that Cyberhomes may share data related to your use of the Services, including any Cyberhomes registration or other related information, with Cyberhomes affiliates and their contractors or agents for the purpose of supporting your use of the Services and to offer or provide you with other related services from Cyberhomes or Cyberhomes affiliates.

6.2. As part of your registering for any Service, you agree that some communications are required, such as, by way of example and not limitation, customer service messages regarding your account with Cyberhomes, updates to the Services and your Ad. In order to opt-out of receiving such communications you must cancel the Services.

6.3. As part of the Services, you agree to receive product update communications related to the Services ("Product Updates"). Product Updates may include information about new or updated product features, enhanced functionality, new pricing categories, additional distribution opportunities, or related products and services.

7. CONFIDENTIALITY.

Except as otherwise expressly provided herein, each party agrees not to disclose Confidential Information of the other party without prior written consent. "Confidential Information" means any confidential, proprietary or trade secret information relating to the Terms or disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party") during the Term including business, financial or technical information that is not (a) disclosed in public materials or otherwise in the public domain through no fault of the Receiving Party; (b) lawfully obtained by the Receiving Party from a third party without any obligation of confidentiality; (c) lawfully known to the Receiving Party prior to disclosure by the Disclosing Party; (d) independently developed by the Receiving Party; or (e) required or reasonably advised to be disclosed by law as long as the Receiving Party affords the Disclosing Party a reasonable opportunity to seek protective legal treatment of the Confidential Information.

8. INDEMNITY.

You agree to indemnify, defend, and hold harmless Cyberhomes, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your use of the Services; (b) the submission, acceptance or rejection of your Ad; (c) the publication of your Ad; (d) any content, images, material, product or service of yours to which users can link through the Ad; (e) any alleged violation of the Terms or the Privacy Policy; or (f) any alleged violation of any rights of others related to your use of the Services, your Ad(s), or the publication of your Ad(s) or portions thereof (including without limitation, any claim of patent, trademark or copyright infringement, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices). Cyberhomes reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations.

9. DISCLAIMER OF WARRANTIES AND LIABILITIES.

THE SERVICES, THE CYBERHOMES NETWORK AND THE CYBERHOMES DISTRIBUTION NETWORK ENTITIES' SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER THE USER AGREEMENT, GUIDELINES, PRIVACY POLICY, CYBERHOMES TERMS OF USE NOR ANY DOCUMENTATION FURNISHED UNDER THEM ARE INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.

10. LIMITATION OF LIABILITY.

CYBERHOMES, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS, OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF CYBERHOMES, ITS AFFILIATES OR CYBERHOMES'S DISTRIBUTION NETWORK ENTITIES ARE AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, CYBERHOMES'S ACCEPTANCE, REJECTION, REMOVAL, OR CANCELLATION OF AN AD, CYBERHOMES'S PUBLICATION OF AN AD, USERS CLICKING ON AN AD AND ACCESSING THE LINKED WEB SITE, OR USERS RATING OR PROVIDING PUBLICLY DISPLAYED REVIEWS ON YOU OR YOUR SERVICES OR PRODUCTS. CYBERHOMES' AND ITS AFFILIATES' LIABILITY TO YOU WILL NOT, FOR ANY REASON, INDIVIDUALLY OR IN THE AGGREGATE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO CYBERHOMES UNDER THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. OWNERSHIP.

You acknowledge and agree Cyberhomes is the exclusive owner of the Cyberhomes Site and the Services, including, without limitation, any and all intellectual property or proprietary rights therein.

12. NOTICES.

Any notices or communications under the User Agreement to you will be addressed to the electronic address specified in your Service registration form or mailing address specified in your Service registration form, as you may update such information from time to time, and will be deemed delivered immediately upon sending in the case of electronic mail and three days after mailing in the case of standard written mail. If to Cyberhomes, such notices shall be addressed to customercare@cyberhomes.com, or to such other address as Cyberhomes may provide to you.

13. GENERAL.

The Terms and the relationship between you and Cyberhomes are governed by the laws of the state of California without regard to its conflict of law provisions. Any dispute or claim arising out of or in connection with the Terms will be adjudicated either in the Superior Court of the State of California for the County of Orange or the United States District Court for the Central District of California. Cyberhomes' failure to exercise or enforce any right or provision of the Terms will 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 agree that 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 Services, to the Terms, or to your Ad(s) must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may not resell, assign or transfer any of your rights or obligations under the Terms to any other entity without Cyberhomes’ express written permission. Neither party to the Terms will be liable to the other for any delay or failure in performance under the Terms resulting directly or indirectly from acts of nature or causes beyond its reasonable control. The section titles in the User Agreement are for convenience only and have no legal or contractual effect. Any and all press releases and other public announcements related to your participation in any Services must be approved in advance by Cyberhomes in writing. The Terms constitutes the entire agreement between the parties with respect to the Services and supersede all previous proposals, both oral and written, representations, writings, and all other communications between the parties. In the event that the terms and conditions of the User Agreement conflict or are inconsistent with the Guidelines or the Cyberhomes Terms of Use, the terms and conditions of the User Agreement will be deemed to control.