Within this agreement, Schick Diversified Investment Group LTD. Co. D/B/A Runes Media, hereafter shall be known as "the Company" and the individual or the business paying the invoice hereafter shall be known as "the Client". Runes Media (the Company) will be using its online systems to create online advertisements, website(s) design, graphic design, talent booking(s), marketing materials, video & audio production, media buying and consulting or other service as defined on Work Order/Invoice. These Terms are as of September 19, 2017 and are subject to change without notice. All new revision supercede any prior agreements and will take effect immediately. (Revision 5.1.1)1. Marketing Reports: The Client will receive their advertisements results via email in a sequential order detailed in the Buyer's Order/Invoice. Upon receipt of payment the Client agrees to this contract. The Client's advertisements will be activated within 48 working hours of the order date unless otherwise specified by the Client or the Company at the point of sale as defined on Work Order/Invoice. 2. Definitions: Pay per click (or PPC) marketing means you only pay when your advert receives a click. The price you pay per click depends on what your competitors are prepared to pay, but there are over twenty other critical factors involved in a PPC campaign. A social network service focuses on building online communities of people who share interests and/or activities, or who are interested in exploring the interests and activities of others. Most social network services are web based and provide a variety of ways for users to interact, such as e-mail and instant messaging services. Search engine optimization (SEO) is the process of improving the volume or quality of traffic to a web site from search engines via "natural" ("organic" or "algorithmic") search results. Typically, the earlier a site appears in the search results list, the more visitors it will receive from the search engine. SEO may target different kinds of search, including image search, local search, and industry-specific vertical search engines. A blog (a contraction of the term weblog) is a type of website, usually maintained by an individual with regular entries of commentary, descriptions of events, or other material such as graphics or video. Entries are commonly displayed in reverse-chronological order. "Blog" can also be used as a verb, meaning to maintain or add content to a blog. All other terms are considered common knowledge or ubiquitous. By accepting the Terms of Service, you are in agreement that you have a working knowledge of the all terms used in the Universal Terms of Service, defined or not defined. 3. Marketing Daily Budget: Your campaign(s) will have a set daily budget and your advertisements will remain on the assigned media outlets until that daily budget is used up. Setting a daily budget allows you to benefit from steady exposure over a month, rather than using up all your money in just one or two days 4. Marketing Monthly Budget: Your monthly budget is paid in advance at the point of sale. This price will include management fees to operate the marketing campaign. Your daily budget will be calculated upon this amount as defined on Work Order/Invoice. 5. Browser compatibility: Runes Media represents and warrants that the website(s) they design for you will work in: Chrome Browser version 70.0 and up; Microsoft Edge version 15.0 and up; Apple Safari version 11.0 and up; and Mozilla Firefox version 62.0 and up. Runes Media will make your website compatible for any other browser, including mobile browsers, for the rate of $75 per hour in addition to the initial estimate. Please Note Microsoft Internet Explorer is no longer supported 6. Forward compatibility: Runes Media cannot be held responsible for the changes made to new versions of Web browsers by the authors/vendors of those Web browsers. Thus, Runes Media does not warrant that the websites will function properly on future versions of Web browsers. If an update to a major browser causes Runes Media website to "break," current hourly rate will be charged to fix it. 7. Ownership rights: Once a project has been completed, and only once the project has been paid for in full, the client will retain the right to use Runes Media's work for the intended purpose. Use of the work for purposes other than the intended purpose (e.g. Web design graphics used for a print ad) will require Runes Media's written permission. Runes Media always retains the right to utilize any and all works in their professional repertoire or portfolio for future promotion. 8. Ownership of Intellectual Property: Unless Runes Media and Client reach a written agreement to the contrary, Runes Media who is the creator, designer and/or developer, agrees for itself and its personnel that pursuant to the client's requirement, all Website Design, Development, Hosting and/or Video/Audio Production Services files; that are used in the final presentation platform, with the exclusions of applications and documents used to create such files, created in part or in whole, by Runes Media is the property of the Client to be used only for its intended purpose, unless approval is given by Runes Media to be reused in other environments by the Client or any other Runes Media. The Client must have reference to the name of the designing Runes Media within the final copy and must willing give the Runes Media a copy of all files for their portfolio. The Owner being Runes Media has complete control of the above materials and creations, including copyright, patent rights, and all other intellectual property rights therein and the material can not be reused unless permission has been approved by Runes Media. Runes Media can reuse the existing material on other projects for their clients. 9. Assignment of projects: Runes Media reserves the right to assign subcontractors to any project to insure that the project goals are met as well as on-time completion. 10. Duration of Contract: Will be specified on Buyer's Order/Invoice. 11. Cancellation by the Company: Runes Media may elect to cancel the agreement by giving at least 30 day(s) notice in writing. The Client and Runes Media are in agreement that circumstances or conditions sometimes arise that warrant or necessitate termination of the Client-Service Provider working relationship. In view of this possibility, both The Client and Runes Media agree that should the relationship terminate, it will be done so in an amicable fashion, maintaining an attitude of cooperation and professional demeanor, with respect for the reputation and dignity of the other party.
12. Cancellation by The Client: You may elect to cancel the agreement by giving at least 30 day(s) notice in writing, with no termination earlier than the initial minimum period of the agreement. The Client and Runes Media are in agreement that circumstances or conditions sometimes arise that warrant or necessitate termination of the Client-Service Provider working relationship. In view of this possibility, both The Client and Runes Media agree that should the relationship terminate, it will be done so in an amicable fashion, maintaining an attitude of cooperation and professional demeanor, with respect for the reputation and dignity of the other party.
13. Refunds: Runes Media is a service-based company that charges for services rendered. We do not sell products or merchandise. Unlike physical products, electronically distributed services can not be refunded after the services are provided. Once our services are completed, there are no items to return or refund. 14. Elements of text, graphics, photos, designs, copyrights & trademarks: The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Runes Media for inclusion on the website above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Runes Media and its subcontractors from any liability (including attorney's fees and court costs) or suit arising from the use of such elements. Runes Media supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please email Runes Media's Trademark and/or Copyright Infringement Policy firstname.lastname@example.org. 15. Compliance With Local Laws: Runes Media makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations. 16. Choice of Law: The laws of the state of Texas shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto. 17. Arbitration: Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in The State of Texas in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof. 18. Disclaimers: Runes Media is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client's website. Linking to "bad neighborhoods" or getting links from "link farms" can seriously damage any and all SEO/PPC efforts. Runes Media does not assume liability for the Client's choice to link to or obtain a link from any particular website without prior consultation. All fees, services, documents, recommendations, and reports are confidential. Runes Media has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client's website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory. Authorization to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by Runes Media for Marketing purposes. 19. Indemnity: The signed parties jointly and severally agree to indemnify and save harmless Runes Media ("the Company") and their partners, affiliates & successors and assigns, from any claim, action, liability, loss, damage or suit, arising from the agreement. In the event of any asserted claim, the Company shall provide the undersigned reasonably timely written notice of same, and thereafter the undersigned shall at its own expense defend, protect and save harmless the Company against said claim or any loss or liability thereunder. In the further event the undersigned shall fail to so defend and/or indemnify and save harmless, then in such instance the Company shall have full rights to defend, pay or settle said claim on their behalf without notice to the undersigned and with full rights to recourse against the undersigned for all fees, costs, expenses and payments made or agreed to be paid to discharge said claim. Upon default, the undersigned further agree to pay all reasonable attorney's fees necessary to enforce this agreement. This part of the agreement shall be unlimited as to amount or duration. This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives. 20. Modification or Amendment: No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto. 21. Entire Understanding: This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect. 22. Unenforceability of Provisions: If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect. 23. Amendment of Provisions: This Agreement may be amended, supplemented or modified at the discretion of Runes Media and will be provided to the Client as a separate agreement. This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other parties. 24. Confidentiality: The Client acknowledges that during the engagement [he or she] will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records and specifications owned or licensed by the Company and/or used by the Company in connection with the operation of its business including, without limitation, the Company's business and product processes, methods, customer lists, accounts and procedures. The Client agrees that [he or she] will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with the Company. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the Company, whether prepared by The Client or otherwise coming into [his or her] possession, shall remain the exclusive property of the Company. The Client shall not retain any copies of the foregoing without the Company's prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by the Company, The Client shall immediately deliver to the Company all such files, records, documents, specifications, information, and other items in [his or her] possession or under [his or her] control. The Client further agrees that [he or she] will not disclose [his or her] retention as a Client or the terms of this Agreement to any person without the prior written consent of the Company and shall at all times preserve the confidential nature of [his or her] relationship to the Company and of the services hereunder. In addition, The Company will maintain the confidentiality of the business relationship between the Client and the Company. Unless ordered by law enforcement (Local, State or Federal). 25. Damage or Loss of Income or Profits: Runes Media and/or our partners will not be held liable for any damages or loss of income or profits resulting from: a. The use of its service by you or a third party; b. Service interruptions caused by its own negligence, or your negligence, or any other errors or omissions; c. Service interruptions caused by acts of nature or act of God, or power or line failures; or d. Any loss of data/files, caused by delays, non-deliveries or wrong deliveries. In addition, Runes Media may occasionally notify you of changes or modifications to this Agreement by email. Runes Media assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.Runes Media is not responsible for the content, accuracy or quality of information obtained through its service, or information hosted on its web servers. 26. Eligibility; Authority: This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Runes Media finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Runes Media shall not be liable for any loss or damage resulting from Runes Media's reliance on any instruction, notice, document or communication reasonably believed by Runes Media to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Runes Media reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you. 27. Accounts; Transfer Of Data Abroad: Accounts. In order to access some of the features of this Site or use some of the Services, you may have to create an Account. You represent and warrant to Runes Media that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Runes Media has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Runes Media reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, and Payment Method(s) (as defined below). For security purposes, Runes Media recommends that you change your password at least once every six (6) months for each Account . You must notify Runes Media immediately of any breach of security or unauthorized use of your Account. Runes Media will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Runes Media or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person. Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers. 28. Successors And Assigns: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 29. No Third-party Beneficiaries: Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 30. Availability Of Website/Services: Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Serviceson a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. From time to time, Runes Media may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as "Beta Services". If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) Runes Media reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) Runes Media may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by Runes Media; (viii) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Runes Media; (ix) The Beta Services are provided "as is", "as available", and "with all faults". To the fullest extent permitted by law, Runes Media disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. In addition to our many free services, as described here, Runes Media offers paid support services : GetStarted - Hosting: up to 30 minutes with a support representative to assist with setting up your hosting account following the getting started guide. This service is available for cPanel, Plesk, and Managed WordPress. Website Migration: Runes Media will assist customer with moving customer's website from another host to Runes Media, includes shared, VPS, dedicated. Please allow up to 24-hours to complete. Website migrations are subject to the Website Transfer Service Agreement which is hereby incorporated by reference. VPS Services: described here. You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with Runes Media. You acknowledge and agree that the Services may be provided by independent contractors or third party service providers. All paid services are non-refundable. 31. General Rules Of Conduct: You acknowledge and agree that: Your use of this Site and the Services , including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent. You will not use this Site or the Services in a manner (as determined by Runes Media in its sole and absolute discretion) that: Is illegal, or promotes or encourages illegal activity; Promotes, encourages or engages in child pornography or the exploitation of children; Promotes, encourages or engages in terrorism, violence against people, animals, or property; Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription; Infringes on the intellectual property rights of another User or any other person or entity; Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; Interferes with the operation of this Site or the Services found at this Site; Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Runes Media or Runes Media's Services. You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by Runes Media. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies. You will not access Runes Media Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Go Daddy may designate. You agree to back-up all of your User Content so that you can access and use it when needed. Runes Media does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content. You will not re-sell or provide the Services for a commercial purpose, including any of Runes Media's related technologies, without Runes Media's express prior written consent. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested. You are aware that Runes Media may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow Runes Media, in its sole discretion, to record the entirety of such calls regardless of whether Runes Media asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Runes Media is a party. Runes Media reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time. 32. Your Use Of Runes Media Content And User Content: In addition to the general rules above, the provisions in this Section apply specifically to your use of Runes Media Content and User Content posted to Go Daddy's corporate websites (i.e., those sites which Runes Media directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites. Runes Media Content. Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("Runes Media Content"), are owned by or licensed to Runes Media in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Runes Media Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Runes Media. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Runes Media reserves all rights not expressly granted in and to the Runes Media Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights. User Content. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice ("User Submissions"), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, "User Content"). User Content includes all content submitted through your Account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to Runes Media that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Runes Media Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Runes Media Content or the User Content therein. 33. Runes Media's use of user content: The provisions in this Section apply specifically to Runes Media's use of User Content posted to Runes Media's corporate websites (i.e., those sites which Runes Media directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites. Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it. With Respect to User Submissions. You acknowledge and agree that: Your User Submissions are entirely voluntary. Your User Submissions do not establish a confidential relationship or obligate Runes Media to treat your User Submissions as confidential or secret. Runes Media has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions. Runes Media may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action. Runes Media shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else. With Respect to User Content (Other Than User Submissions). If you have a website or other content hosted by Runes Media, you shall retain all of your ownership or licensed rights in User Content. By posting or publishing User Content to this Site or through the Services, you authorize Runes Media to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant Runes Media a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and Runes Media's (and Runes Media's affiliates') business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate "private" or "password protected") through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Runes Media may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Runes Media shall not use any User Content that has been designated "private" or "password protected" by you for the purpose of promoting this Site or Runes Media's (or Runes Media's affiliates') business(es). 34. Free Product Credits: In the event you are provided with a free product credit ("Credit") with the purchase of another product ("Purchased Product"), you acknowledge and agree that such Credit may be terminated in the event the product purchases is deleted, cancelled, transferred or not renewed. You acknowledge and agree that we may swap your Credit for a similar product, in our sole discretion. 35. Monitoring Of Content; Account Termination Policy: Runes Media generally does not pre-screen User Content (whether posted to a website hosted by Runes Media or posted to this Site). However, Runes Media reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Runes Media may remove any item of User Content (whether posted to a website hosted by Runes Media or posted to this Site) and/or terminate a User's access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Runes Media in its sole and absolute discretion), at any time and without prior notice. Runes Media may also terminate a User's access to this Site or the Services found at this Site if Runes Media has reason to believe the User is a repeat offender. If Runes Media terminates your access to this Site or the Services found at this Site, Runes Media may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers. 36. Additional Reservation of Rights: Runes Media expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Runes Media in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Runes Media in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Runes Media, its officers, directors, employees and agents, as well as Runes Media's affiliates', including, but not limited to, instances where you have sued or threatened to sue Go Daddy. Runes Media expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels. Runes Media expressly reserves the right to terminate, without notice to you, any and all Services where, in Runes Media's sole discretion, you are harassing or threatening Runes Media and/or any of Runes Media's employees. 37. No Spam; Liquidated Damages: No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation. Our spam abuse complaint center can be reached by email at email@example.com. We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications from the sender. This can include, but is not limited to, the following:
i. Email Messages
ii. Newsgroup postings
iii. Windows system messages
iv. Pop-up messages (aka "adware" or "spyware" messages)
v. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
vi. Online chat room advertisements
vii. Guestbook or Website Forum postings
viii. Facsimile Solicitations
ix. Text/SMS Messages
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages from the sender specifically. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number. If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period of no less than two (2) days. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. We will require a non-refundable reactivation fee to be paid before the site, email boxes and/or services are reactivated. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question. We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Complaint Center on the Web. Web: report abuse Email: firstname.lastname@example.org Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account. 38. Links To Third-party Websites: This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Runes Media. Runes Media assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Runes Media does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Runes Media from any and all liability arising from your use of any third-party website. Accordingly, Runes Media encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit. 39. Disclaimer of Representations and Warranties: YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". RUNES MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RUNES MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND RUNES MEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY RUNES MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE. 40. Limitation of Liability: IN NO EVENT SHALL RUNES MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT RUNES MEDIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL RUNES MEDIA'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE. 41. Fees and Payments: By using Runes Media's pay by PayPal payment option ("PayPal"), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account ("PayPal Account") or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account ("PayPal Funding Source"). It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor Runes Media shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and Runes Media may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source. 42. U.S. Export Laws: This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control ("OFAC"), State Department, and other United States authorities (collectively, "U.S. Export Laws"). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including "anti-boycott", "deemed export" and "deemed re-export" regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.