WEBMASTER TERMS OF SERVICE AGREEMENT
USER AGREEMENT IMPORTANT – READ CAREFULLY: THIS USER AGREEMENT (THE “AGREEMENT”) IS BETWEEN YOU AND THE PENNSYLVANIA MOTORCYCLE SAFETY PROGRAM (“PAMSP”). THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS REGARDING YOUR USE OF THE PAMSP DESIGNED SITE KNOWN AS “PAMSP.COM” (“THE WEB SITE”). BY REGISTERING AS A USER OF PAMSP.COM AND THE WEB SITE, YOU AGREE TO FOLLOW AND TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ARE PERMITTED TO USE, REPRODUCE, AND DISPLAY MATERIALS ON THE WEB SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE EXIT IMMEDIATELY, AND DO NOT USE THIS WEB SITE. THE USE, REPRODUCTION, OR DISPLAY OF ANY MATERIALS ON THE WEB SITE BY YOU OR BY A THIRD PARTY ON YOUR BEHALF CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
GENERAL USE PROVISIONS
All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (“Materials”), are provided either by PAMSP or by its respective third party manufacturers, authors, developers, licensors and vendors (“Third Party Providers”) and are the copyrighted work of PAMSP and/or its Third Party Providers. The Third Party Providers, including but not limited to PAMSP, are the intended beneficiaries of this Agreement and may enforce the terms of this Agreement against you. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, modified, downloaded, displayed, posted or transmitted in any form, or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of PAMSP or the appropriate Third Party Provider. Also, you may not “mirror” any Materials contained on this Web Site or any other server without PAMSP’s prior written consent. PAMSP hereby grants you permission to use, reproduce, and display PAMSP’s Materials on this Web Site only, provided that: (1) both the copyright notice identified below and this permission notice to appear in the Materials; (2) the use, reproduction, and display of such Materials is solely for your own internal, personal, non-commercial and informational use and will not be distributed, provided, or displayed to third parties, posted on any networked computer, or broadcast in any media; (3) such use, reproduction, and display is only in accordance with the documentation, instructions, and other restrictions regarding the Materials; and (4) the Materials are not modified in any way. This permission terminates automatically without notice immediately upon the breach of any of the terms of this Agreement by you or by any person or entity acting on your behalf. Upon termination, you will immediately destroy any downloaded, copied, reproduced or printed Materials.
Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
LINKS TO THIRD PARTY SITES
This Web Site may contain links to web sites controlled by persons other than PAMSP. PAMSP is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites or any transactions completed through such sites. It is your responsibility to take precautions to ensure that whatever materials you select for your use are appropriate for your purposes and are free of viruses or other items of a destructive nature.
SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from this Web Site (“Software”) is the copyrighted work of PAMSP and/or Third Party Providers. Use of the Software is governed by this Agreement and the additional terms set forth in this Section (“Software Use Restrictions”). For purposes of this Agreement, the term “Software” includes without limitation computer software and/or materials provided with or incorporated into the Software, and any related materials or documentation thereto. You agree to the Software Use Restrictions by installing, copying, downloading, or using the Software. The Software is made available for downloading solely for use by end users in accordance with the provisions of this Agreement, including without limitation the Software Use Restrictions. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with this Agreement is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Title and copyrights in and to the Software, and any copies thereof, are owned by and remain with PAMSP and/or its Third Party Providers. The Software is protected by copyright laws, other intellectual property laws, and international treaties. Unauthorized use or copying of the Software or otherwise failing to comply with the terms and conditions of this Agreement will result in automatic termination of this license and will entitle PAMSP and/or its suppliers to other legal remedies. Upon termination of this Agreement for any reason whatsoever: (i) you must immediately cease using the Software, (ii) all of the rights granted to you hereunder shall immediately cease, and (iii) you must promptly destroy or erase all copies (including back-up copies) of the Software.
THE SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS AND PAMSP AND THE THIRD PARTY PROVIDERS MAKE NO WARRANTIES OF ANY KIND REGARDING THE SOFTWARE OR THE USE OR PERFORMANCE THEREOF. PAMSP AND THE THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PAMSP AND THIRD PARTY PROVIDERS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR THE ACCOMPANYING DOCUMENTATION. PAMSP AND THE THIRD PARTY PROVIDERS SHALL HAVE NO LIABILITY FOR ANY YEAR-2000 RELATED ISSUES OR FOR ANY VIRUSES RELATED TO THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PAMSP AND THE THIRD PARTY PROVIDERS DO NOT WARRANT THAT (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (B) THE SOFTWARE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA; (C) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; (D) ANY PROGRAM ERRORS WILL BE CORRECTED; OR (E) SECURITY PROCEDURES USED WILL PROTECT CONFIDENTIAL OR PRIVATE INFORMATION THAT YOU PLACE ON THE SOFTWARE.
Except where expressly provided otherwise by PAMSP, all comments, feedback, information or materials submitted to PAMSP through or in association with this Web Site (“Submissions”) shall be considered non-confidential and PAMSP’s property. By providing such Submissions to PAMSP, you assign to PAMSP, at no charge, all worldwide rights, title and interest in copyrights and other intellectual proper rights to the Submissions. You acknowledge that you are responsible for the Submissions that you provide, and that you, not PAMSP, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality, and copyright.
When you register with PAMSP, we collect certain information about you, including your Internet address. We track the Internet address of the domains from which users visit us and analyze this data for trends and statistics. We may also use your Internet address to help diagnose problems with our server and to administer our Web Site. Your Internet address is used you help identify you through PAMSP and to gather demographic information.
Certain portions of the Web Site may prompt you to provide other personal information in your user profile. You may choose not to provide this information, but if you do so you may be unable to access certain options, offers, and services on the Web Site. PAMSP does not sell, trade, or rent any personal information that identifies particular individuals to any third parties. The user profile will provide you the option to elect not to receive future mailings, or you may send an e-mail to email@example.com. Also, PAMSP may provide aggregate statistics about our customers, traffic patterns, and related site information to third parties, but these statistics will not include information that identifies particular individuals.
PAMSP may, from time to time, ask demographic or personal preference questions. You are never required to answer these questions; however, the information that you provide may be used for analyzing overall site demographics, user preferences and tastes, and similar “getting to know our customers” purposes. This information may also be disclosed to third parties.
PAMSP may include certain functions that permit you to enter personal information, such as contact information. PAMSP will take reasonable steps to protect the individual contact information that you enter into the functions on PAMSP from unauthorized access or disclosure. The Web Site has certain security measures in place to protect against the loss, misuse and alteration of the information under our control; however, no security measure is foolproof.
PAMSP uses an online order form for you to order information and services through the Web Site.
The Web Site may make chat rooms, forums, message boards, and/or newsgroups (“Forums”) available for you to use. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. PAMSP is not responsible in any manner, and shall not be liable for, any materials, statements or information that may be presented, posted or broadcast in any Forums and PAMSP shall have no duty or obligation to review, edit, remove, correct or comment on any such materials, statements or information. If you present, post or broadcast any materials, statements or information in any Forum, you agree to indemnify and hold harmless PAMSP, and its officers, directors, employees and representatives from and against any claim, cost or demand (including, without limitation, reasonable attorneys’ fees) arising there from.
The Web Site may contain links to other sites. PAMSP is not responsible for the privacy practices or the content of such web sites, notwithstanding the inclusion on such site of the trademarks of PAMSP.
You may update information previously provided to PAMSP by sending an email to firstname.lastname@example.org, or go online and update your own profile.