Terms and Conditions

TERMS AND CONDITIONS

This agreement will become effective on the date you acquire the Software and will remain in force until terminated. You may terminate the agreement at any time by contacting Renegade Internet, Inc. This agreement will automatically terminate if you breach any of the terms or conditions set out in this agreement.

BY PURCHASING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ITS TERMS AND SUBJECTS TO ITS CONDITIONS.

This agreement shall be governed by the laws of the State of Pennsylvania. If the agreement is violated in any manner, the agreement may be terminated at the discretion of Renegade Internet, Inc., at any time.

YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT CONCERNING THE SUBJECT MATTER OF THE AGREEMENT BETWEEN RENEGADE INTERNET, INC. AND YOU, AND SUPERSEDES ANY PROPOSAL(S), OR PRIOR AGREEMENT(S), WHETHER WRITTEN OR ORAL, RELATING TO THE SUBJECT MATTER OF THE AGREEMENT.

OWNERSHIP OF SOFTWARE

You acknowledge and agree that all of the source code, compiled computer programs and associated documentation (collectively, the "Software") are owned exclusively by Renegade Internet, Inc. You agree that the price paid by you for the Software is granting you only the rights set forth in this agreement.

LICENSE

Renegade Internet, Inc. grants to you, and you accept, a limited, non-exclusive and revocable license to use the Software, in machine-readable, object code form only. You agree to use the Software only as authorized. This agreement does not convey to you any ownership rights or any other interest in the Software.

SCOPE OF LICENSE

You may not copy or make any changes or modifications to the Software, and you may not translate, decompile, disassemble, or otherwise reverse engineer the computer program(s). You may not lend, rent, lease or sublicense the Software or any copy to others for any purpose. You agree to use all reasonable efforts to protect the Software from unauthorized use, modification, reproduction, distribution or publication. You are not permitted to make any uses or copies of the Software that are not specifically authorized. Renegade Internet, Inc. reserves all rights that are not expressly granted to you.

SERVICE LEVEL AGREEMENT

Guarantees

Renegade Internet, Inc. guarantees the availability of the software according to the following conditions:

  • Ad Delivery: Guarantee 99.9%
    Methodology: Availability is measured based on successful delivery of a banner of 35 Kbytes every minute from three agents.
    Penalty: 10% of the last Quarterly payment will be refunded for every 1% drop below 99.9% up to the Maximum Penalty.
  • User Interface: Guarantee 99.5%
    Methodology: Availability is measured based on successful delivery of a page of 10 Kbytes every minute from three agents.
    Penalty: 1% of last Quarterly payment will be refunded for every 1% drop below 99.5% up to the Maximum Penalty.
  • Daily Reports: Guarantee that standard reports will be available within 5 minutes of real time.
    Methodology: As recorded by our internal log processing system
    Penalty: 0.1% of last Quarterly payment will be refunded for every hour of delay up to the Maximum Penalty.

Limitations

Renegade Internet, Inc. does not pay penalties for lapses in performance due to circumstances beyond control:

  • Natural disasters
  • Problems caused by Internet infrastructure other than our own or that of our ISP
  • Labor actions
  • Problems caused by viruses or hacker attack
  • Problems caused solely by Customer or third-parties acting on the Customer's behalf
  • Operation with beta versions of software

Maximum Penalty

For any given Measurement Period, penalty payments will not exceed the average monthly service fee paid by Customer for ADVERTSERVE service during the three months immediately preceding the Measurement Period Redundant Penalties.

Multiple Penalties

In the event a problem occurs that results in Renegade Internet, Inc.’s failure to meet more than one service-level metric, Renegade Internet, Inc. will issue credits for the metric with the highest penalty only. In case of more than one month of outage in a quarter, the maximum penalty will be calculated on a daily rate of every day over the first month, where the daily rate is the average daily payment calculated for the last three months immediately preceding the Measurement Period Redundant Penalties.

Late Payment Exception

Customer must have paid all outstanding Renegade Internet, Inc. invoices due and payable in order to be eligible to receive penalty credits. The customer cannot become current after an outage and still get credit for the outage.

DATA AVAILABILITY

Reporting data will be available for at least the last 36 months unless deleted intentionally via the User Interface.

NOTIFICATION OF SERVICE DISRUPTION

Renegade Internet, Inc. shall notify Customers for scheduled downtime or emergency downtime via e-mail, SMS or RSS feed via our public status page hosted at: http://status.advertserve.com/

TRANSFER

You may not transfer or sell your Software to another party without the express written consent and approval of Renegade Internet, Inc.

DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED THE PURCHASER AGREES TO HOLD RENEGADE INTERNET, INC. HARMLESS AND WITHOUT LIABILITY IN MATTERS OF DAMAGES, EITHER DIRECT, OR CONSEQUENTIAL, WHICH RESULT EITHER DIRECTLY OR INDIRECTLY, FROM THE USE OR NON-USE OF THIS SOFTWARE. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE IN ACCORDANCE WITH THE STATED REFUND POLICY.

LIMITATIONS OF LIABILITY

In no event shall Renegade Internet, Inc. or its licensors be liable for any loss of profit or any other commercial damage, including but not limited to special, incidental, consequential, punitive or other damages, even if Renegade Internet, Inc. or its licensors are advised, in advance, of the possibility of such damages. In no event shall the liability of Renegade Internet, Inc. or its licensors exceed the purchase price paid for the Software.

Renegade Internet, Inc. is not, and will not, be held liable for any conduct associated with your use of this program, for your advertising activity, nor for any content posted using Renegade Internet, Inc. programs.

The user must assume the entire risk of using the program. Renegade Internet, Inc. is not to be held,and will not accept, any liability for any damages, direct or consequential, resulting from the installation or use of this software. This includes, but is not limited to, loss of stored data or loss of operational capability of the associated hardware and software systems.

REFUND POLICY

The Software provided by Renegade Internet, Inc. is available for a 30-day free trial period. During this time the customer may try the software with no promise of payment. Should the customer choose to continue using the software the billing period will initate at the end of their free 30-day trial period. If a customer fails to cancel their account prior to the end of their free 30-day trial, they must contact Renegade Internet to cancel their account and request a refund. A full refund will be given if the account has not been used beyond the 30-day free trial period.

COPYRIGHT NOTICE

Should you have access to source code for the Software, you MAY NOT alter or remove the copyright notices from any source code files. This includes but is not limited to .cgi, .css, .fcgi, .fpl, .html, .java, .js, .jsp, .pl, .py, .xml, and .xsl source code files. Only in files that are clearly marked fit for modification, such as but not limited to branding.properties, may you remove or change the copyright notices. If you have any question about whether the copyright notices may be removed from any certain file, please contact Renegade Internet, Inc. for more information.

PATENT NOTICE

Certain concepts and methodologies (not software components) used in Renegade Internet, Inc. advertising Software are licensed from 24/7 Real Media, Inc. under U.S. Patent No. 6,026,368.

AGREEMENT CHANGE PROCESS

This agreement may be modified upon 90-day notice to the customer.