Terms of Use & Limitations
The Performance Media Placement web site is one of the various web sites comprised
and operated by Performance Media Placement or its affiliates. This web site will
be referred to in this agreement as "Performance Media Placement." This Agreement
applies to the Performance Media Placement collection of web sites, including, but
not limited to, Performance Media Placement. You will need to read this Agreement
in its entirety to review the general provisions of the Terms of Use and Notices
and Additional Terms specific to the product or service for which you are now signing
up.
The Performance Media Placement Network is offered to you conditioned on your acceptance
without modification of these Terms of Use and Notices. Your use of the Performance
Media Placement Network constitutes your agreement to these Terms of Use and Notices.
Your use of a particular Performance Media Placement web site included within, or
acceptance of a product, service or benefit obtained through the Performance Media
Placement Network, may also be subject to additional terms specified in this document,
on the applicable Performance Media Placement web site or in other accompanying
documentation (as such terms may be modified by Performance Media Placement from
time to time as described below in the "Additional Terms").
If any of the terms, conditions, and notices contained herein conflict with the
Additional Terms or other terms and guidelines contained within or applicable to
any particular Performance Media Placement web site, including, but not limited
to Performance Media Placement, service, product or benefit, then the applicable
Additional Terms shall control. You agree to familiarize yourself with the Terms
of Use and Notices, including the Additional Terms, and other terms and guidelines
found throughout the Performance Media Placement Network and abide by them if you
choose to use the sites, or accept the products, services or benefits, to which
such terms apply.
MODIFICATION OF THESE TERMS OF USE AND NOTICES
Performance Media Placement reserves the right to change the Terms of Use and Notices,
and any Additional Terms at anytime, effective upon making the modified provisions
available on the Performance Media Placement Network. You are responsible for regularly
reviewing these terms and conditions. Continued use of the Performance Media Placement
Network after any such changes shall constitute your consent to such changes. Performance
Media Placement does not and will not assume any obligation to notify you of any
changes to the Terms of Use and Notices, or Additional Terms.
ACCEPTABLE USE LIMITATION
Your right to use Performance Media Placement is personal to you, the user. As a
condition of your use of the Performance Media Placement Network, you warrant to
Performance Media Placement that you will not use Performance Media Placement products
or services for any purpose that is unlawful, or prohibited by these Terms of Use
and Notices or the Additional Terms (as may be modified from time to time). You
may not modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information, software,
products, services or benefits obtained from Performance Media Placement, except
as expressly provided herein.
In addition, you may not use the products or services provided through or in connection
with Performance Media Placement to: defame, abuse, harass, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of others; conduct
or forward illegal contests, pyramid schemes or chain letters; publish, post, distribute,
disseminate or link to any: (i) inappropriate, defamatory, infringing or unlawful
topic, name, material or information; (ii) software or other material protected
by intellectual property laws, rights of privacy or publicity, or other proprietary
rights, unless you own, control such rights or have received all necessary consents
for your use of such software and other materials; (iii) software or other material
that contains viruses, corrupted files, or that may or are intended to damage the
operation of another's computer (e.g., "cracks" or other programs written to defeat
the security measures of any computer, system or programs); sell, distribute, disseminate
or link to any sites for marketing, sales or distribution of: firearms, explosives,
ammunition, liquor, tobacco products, food that is not packaged or does not comply
with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals
and controlled substances, counterfeit, pirated or stolen goods, any goods or services
that infringe or otherwise violate a third party's rights, registered or unregistered
securities, goods or services that (i) you cannot legally sell, (ii) are misrepresented,
and/or (iii) would cause Performance Media Placement to violate any law, statute
or regulation; harvest or otherwise collect information about third parties, including
e-mail addresses, without the express consent of such third parties; restrict or
inhibit any other user from using and enjoying its rights in Performance Media Placement;
or violate any applicable governmental laws or regulations.
The information provided by Performance Media Placement to you may be proprietary
in nature. You agree not to share any information provided to you by or on behalf
of Performance Media Placement with any third party. If you sell or otherwise distribute
goods or services that compete with or may otherwise serve as a substitute for products
or services sold or otherwise distributed by Performance Media Placement via the
Performance Media Placement Network, you may not: (a) use or acquire, or have any
other person use or acquire on your behalf, the products or services of Performance
Media Placement for which you offer competing or substitute products or services;
or (b) advertise, promote, market or solicit offers to acquire such competing or
substitute products in connection with your use of Performance Media Placement.
Performance Media Placement is not obligated to monitor the content on Performance
Media Placement Network. However, with respect to the use of the products and services
offered on Performance Media Placement Network, Performance Media Placement reserves
the right to disclose any information or materials as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, from the Performance
Media Placement web site, in Performance Media Placement's sole discretion.
FEES
Payments for shared hosting accounts receive 30 days terms and are due before an
account will ever be activated. Dedicated Server payments are due upon invoice receipt
and must be paid within 5 days of receiving the invoice or your service will be
suspended.
Amounts not paid by you to Performance Media Placement when due may bear interest
at the lesser of (a) one and one-half percent (1.5%) per month, and (b) the maximum
rate permitted by applicable law.
If payments are not received within a timely manner and or the customer has moved
on to another host to avoid paying their outstanding invoices with Performance Media
Placement we will send your account to our Collections Agency for recovery.
LINKS TO THIRD PARTY SITES
Links within Performance Media Placement may let you leave the Performance Media
Placement web site and/or the Performance Media Placement Network. You acknowledge
that the linked sites are not under the control of Performance Media Placement or
Performance Media Placement and that Performance Media Placement or Performance
Media Placement are not responsible for the contents or operation of such linked
sites or any link contained in such linked site, or any changes or updates to such
sites. Performance Media Placement or Performance Media Placement are not responsible
for webcasting or any other form of transmission received from any linked site.
Performance Media Placement is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by Performance Media Placement
of the linked site or any association with their operators.
FORBIDDEN SOFTWARE
You may not and will not run any gaming server or gaming related software that connects
to another server not owned by Performance Media Placement Inc. This includes gaming
scripts written in Perl (.pl, .pm, cgi), PHP, Java, JavaScript or any other programming
language. In short Gaming scripts are STRICTLY PROHIBITED. You may not and shall
not run IRC servers, bots or services from any Performance Media Placement server.
NOTE: If we find your script is causing problems on our server, or causing our servers
to crash then you can be held 100% liable for all downtime costs, reimbursements,
and service credits to all of our other clients.
SOFTWARE AVAILABLE ON THE Performance Media Placement NETWORK
Software (if any) that is made available to download from or otherwise through the
Performance Media Placement Network, excluding software that may be made available
by third parties via Performance Media Placement, ("Software") is the copyrighted
work of Performance Media Placement, Performance Media Placement Network, and/or
their suppliers. Your use of the Software is governed by these Terms of Use and
Notices, and the applicable Additional Terms, and the terms of the end user license
agreement, if any, which accompanies or is included with the Software ("License
Agreement"). To the extent that the License Agreement conflicts with the Terms of
Use and Notices, and/or Additional Terms, the terms of the License Agreement shall
govern your use of the Software. You may not install or use any Software that is
accompanied by or includes a License Agreement unless you first agree to the License
Agreement. For any Software not accompanied by a license agreement, Performance
Media Placement hereby grants to you, the user, a personal, non-exclusive, non-transferable
license to use the Software for viewing and otherwise using the particular web site
in accordance with the applicable Terms of Use and Notices, and for no other purpose.
In addition, you shall keep intact all and may not alter any copyright and other
proprietary notices contained in such Software. All Software is owned by Performance
Media Placement, Performance Media Placement Network, and/or its suppliers, and
is protected to the maximum extent permitted by copyright laws and international
treaty provisions. Any reproduction or redistribution of the Software is expressly
prohibited, and may result in severe civil and criminal penalties. Persons violating
the foregoing, or who otherwise misappropriate any intellectual property or proprietary
rights related to the Software may be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER
ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that
the Software, and any accompanying documentation and/or technical information, is
subject to applicable export control laws and regulations of the USA. You agree
not to export or re-export the Software, directly or indirectly, to any countries
that are subject to USA export restrictions. All software downloaded or otherwise
obtained by the U.S. Government pursuant to solicitations issued on or after December
1, 1995 is provided with the commercial license rights and restrictions described
elsewhere herein.
LIABILITY DISCLAIMER
The information, software, products, services and other material included in or
available through the Performance Media Placement Network may not be complete, and
may include inaccuracies or errors, and may also be modified or deleted from time
to time. Advice, information, products, services or other materials received via
the Performance Media Placement Network should not be relied upon for personal,
medical, legal, business, financial or other decisions and is not intended to replace
the advice of appropriate and qualified professionals. You acknowledge that you
should consult an appropriate professional for specific advice tailored to your
situation.
Your access to and use of the Performance Media Placement Network, and products
and services of Performance Media Placement, is at your own risk. Performance Media
Placement, and its members and sponsors, will not be liable for any damage, loss
or disclosure of information, data, revenue, accounts or business that occurs in
connection with your use of the Performance Media Placement Network, or such products
or services. Performance Media Placement makes no guarantees of any kind regarding
the dependability, accuracy, security, timeliness or availability of the Performance
Media Placement Network, or such products or services. Without limiting the foregoing,
Performance Media Placement, Performance Media Placement NETWORK, AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY,
RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN Performance
Media Placement FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Performance Media
Placement, Performance Media Placement NETWORK, AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL Performance Media Placement, Performance Media Placement NETWORK
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF Performance Media Placement OR RELATED
SERVICES, WITH THE DELAY OR INABILITY TO USE V OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH Performance Media Placement, OR OTHERWISE
ARISING OUT OF THE USE OF Performance Media Placement, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Performance Media Placement
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF Performance Media Placement, OR WITH
ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING Performance Media Placement AND ITS RELATED SERVICES. Without limiting the
foregoing, Performance Media Placement is not responsible for any of your data residing
on Performance Media Placement and Performance Media Placement hardware. You are
responsible for backing-up your data and information that may reside on the Performance
Media Placement hardware, whether or not such information is produced through the
use of Performance Media Placement. It is your responsibility to take the necessary
steps to ensure your primary means of business is maintained.
You agree to defend, indemnify and hold Performance Media Placement and its suppliers
harmless from and against any and all claims, losses, liability costs and expenses
(including but not limited to attorneys' fees) arising from your violation of these
Terms of Use and Notices (including, without limitation, violation of applicable
Additional Terms of Use), or any third-party's rights, (including, without limitation,
infringement of any copyright, violation of any proprietary right and invasion of
any privacy rights). These obligations will survive any termination of your relationship
with Performance Media Placement or your use of Performance Media Placement.
SERVICE CONTACT
If you need to contact Performance Media Placement please click on the contact us
bottom located at the bottom of your screen.
TERMINATION
Anyone determined by Performance Media Placement to have violated these Terms of
Use and Notices, or any Additional Terms may be barred from using the Performance
Media Placement Network, or from receiving any products, services or benefits from
Performance Media Placement. In addition, if you violate any of these Terms of Use
and Notices, or Additional Terms (as applicable) you will forfeit all in-kind credits
and amounts accruing to you (if any) in connection with the Performance Media Placement
Network.
PROMOTION OF KEYWORDS
Performance Media Placement reserves the right to promote any keywords purchased
by keyword or voice command clients. Performance Media Placement may use print,
radio, television, search engine optimization, pay per click, contextual advertising,
or other forms of promoting and advertising keywords.
COPYRIGHT AND TRADEMARK NOTICES
All content of Performance Media Placement and the Performance Media Placement Network
is legally copy written material, this is including but not limited to: All website
content, images, design, code, databases, and anything that resides on or within
our corporate web servers is copy written material as dictated legally by our copyright
lawyers ©2000 - 2013Performance Media Placement. and/or its suppliers. All rights
reserved.
TRADEMARKS
Performance Media Placement is either a trademark or registered trademark of Performance
Media Placement. The names of actual companies and products mentioned herein may
be the trademarks of their respective owners. Any rights not expressly granted herein
are reserved by.