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Home  > Terms of Use



Terms of Use & Limitations

The Performance Media Marketing web site is one of the various web sites comprised and operated by Performance Media Marketing or its affiliates. This web site will be referred to in this agreement as "Performance Media Marketing." This Agreement applies to the Performance Media Marketing collection of web sites, including, but not limited to, Performance Media Marketing. 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 Marketing Network is offered to you conditioned on your acceptance without modification of these Terms of Use and Notices. Your use of the Performance Media Marketing Network constitutes your agreement to these Terms of Use and Notices. Your use of a particular Performance Media Marketing web site included within, or acceptance of a product, service or benefit obtained through the Performance Media Marketing Network, may also be subject to additional terms specified in this document, on the applicable Performance Media Marketing web site or in other accompanying documentation (as such terms may be modified by Performance Media Marketing 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 Marketing web site, including, but not limited to Performance Media Marketing, 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 Marketing 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 Marketing 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 Marketing Network. You are responsible for regularly reviewing these terms and conditions. Continued use of the Performance Media Marketing Network after any such changes shall constitute your consent to such changes. Performance Media Marketing 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 Marketing is personal to you, the user. As a condition of your use of the Performance Media Marketing Network, you warrant to Performance Media Marketing that you will not use Performance Media Marketing 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 Marketing, except as expressly provided herein.

In addition, you may not use the products or services provided through or in connection with Performance Media Marketing 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 Marketing 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 Marketing; or violate any applicable governmental laws or regulations.

The information provided by Performance Media Marketing to you may be proprietary in nature. You agree not to share any information provided to you by or on behalf of Performance Media Marketing 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 Marketing via the Performance Media Marketing 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 Marketing 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 Marketing.

Performance Media Marketing is not obligated to monitor the content on Performance Media Marketing Network. However, with respect to the use of the products and services offered on Performance Media Marketing Network, Performance Media Marketing 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 Marketing web site, in Performance Media Marketing'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 Marketing 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 Marketing we will send your account to our Collections Agency for recovery.

LINKS TO THIRD PARTY SITES

Links within Performance Media Marketing may let you leave the Performance Media Marketing web site and/or the Performance Media Marketing Network. You acknowledge that the linked sites are not under the control of Performance Media Marketing or Performance Media Marketing and that Performance Media Marketing or Performance Media Marketing 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 Marketing or Performance Media Marketing are not responsible for webcasting or any other form of transmission received from any linked site. Performance Media Marketing is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Performance Media Marketing 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 Marketing 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 Marketing 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 Marketing NETWORK
Software (if any) that is made available to download from or otherwise through the Performance Media Marketing Network, excluding software that may be made available by third parties via Performance Media Marketing, ("Software") is the copyrighted work of Performance Media Marketing, Performance Media Marketing 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 Marketing 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 Marketing, Performance Media Marketing 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 Marketing 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 Marketing 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 Marketing Network, and products and services of Performance Media Marketing, is at your own risk. Performance Media Marketing, 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 Marketing Network, or such products or services. Performance Media Marketing makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Performance Media Marketing Network, or such products or services. Without limiting the foregoing, Performance Media Marketing, Performance Media Marketing 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 Marketing FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Performance Media Marketing, Performance Media Marketing 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 Marketing, Performance Media Marketing 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 Marketing 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 Marketing, OR OTHERWISE ARISING OUT OF THE USE OF Performance Media Marketing, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Performance Media Marketing 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 Marketing, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Performance Media Marketing AND ITS RELATED SERVICES. Without limiting the foregoing, Performance Media Marketing is not responsible for any of your data residing on Performance Media Marketing and Performance Media Marketing hardware. You are responsible for backing-up your data and information that may reside on the Performance Media Marketing hardware, whether or not such information is produced through the use of Performance Media Marketing. 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 Marketing 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 Marketing or your use of Performance Media Marketing.

SERVICE CONTACT

If you need to contact Performance Media Marketing please click on the contact us bottom located at the bottom of your screen.

TERMINATION
Anyone determined by Performance Media Marketing to have violated these Terms of Use and Notices, or any Additional Terms may be barred from using the Performance Media Marketing Network, or from receiving any products, services or benefits from Performance Media Marketing. 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 Marketing Network.

PROMOTION OF KEYWORDS

Performance Media Marketing reserves the right to promote any keywords purchased by keyword or voice command clients. Performance Media Marketing 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 Marketing and the Performance Media Marketing 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 - 2018Performance Media Marketing. and/or its suppliers. All rights reserved.

TRADEMARKS
Performance Media Marketing is either a trademark or registered trademark of Performance Media Marketing. 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.

 

   
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