Poor Irishman Internet Marketing Terms of Service
Last revised 4/24/2009

1: Agreement. This Agreement is a contract between you and Poor Irishman Internet Marketing, LLC ("Poor Irishman Internet Marketing") and applies to your use of the Poor Irishman Internet Marketing (PIM) service available through www.pooririshman.com (the "Service"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Poor Irishman Internet Marketing disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Poor Irishman Internet Marketing also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

2: Account restrictions.

2.1: Eligibility. This Agreement must be completed, understood and agreed to by an adult of at least 18 years of age who holds a Poor Irishman Member Account in good standing. If you are not yet 18 or do not hold an active Poor Irishman Member Account, you do not have permission to create an Account or use the Service. By accepting this agreement you represent that you are an adult 18 years of age or older.

2.2: Obligations. In consideration of use of the Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you is untrue, inaccurate, not current, or incomplete, Poor Irishman Internet Marketing has the right to terminate your Account and refuse any and all current and/or future use of the Service.

3: Billing.

3.1: Commissions and Prepay Services. Poor Irishman Internet Marketing charges fees for some activities of the Service. A current and complete listing of fees is available on the Account Registration page. By accepting this agreement you represent that you agree to the fees and policies stated in the Account Registration.

3.2: Recurring Charges for Prepaid Services. All recurring charges are payable in advance. All billing periods start and end according to the date the Prepaid Service is initiated. The billing period length for each Prepaid Service is listed in the Account Registration.

3.3: Pricing. Poor Irishman Internet Marketing may change its pricing and/or payment structure at any time.

3.4: Payment of Fees. Poor Irishman Internet Marketing requires that all payments be made promptly. Delinquent bills will be assessed a 10% charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency. Poor Irishman Internet Marketing reserves the right to remove webpages from viewing on the internet until final payment is made. In the event that Collection proves necessary, the client agrees to pay all fees incurred by the process of Collection. Please pay on time.

3.5: Refund Policy. Poor Irishman Internet Marketing offers non-tangible irrevocable goods and does not issue refunds after programming is completed, graphics created, or a product is downloaded or shipped. Clients are responsible for understanding that the items purchased are non-tangible irrevocable goods upon purchasing any article at our site. Exceptions to this rule are considered when the product appears to be not-as-described or contains obvious errors on a case by case basis in agreement of the parties concerned. No portion of the Initial Deposit payment will be refunded unless written application is made to Poor Irishman Internet Marketing within 15 days of our acceptance of the Initial Deposit payment. The deadline for any refund claim is 15 days after the delivery date. Poor Irishman Internet Marketing requires of any Client halting work on a project, or requesting refund to apply by registered letter for the refund within 15 days. Please send Requests for Refund to Poor Irishman Internet Marketing, 4954 Woodland Ferry Road, Seaford, DE 19973

4: Payments in US Dollars.

4.1: Tax Reporting Information. In order to ensure proper payment, you are solely responsible for providing and maintaining correct contact and payment information in your account. For US taxpayers this information includes without limitation a valid US tax identification number and a completed Form W-9. For non-US taxpayers this information includes a completed Form W-8 or other form, which may require a valid US tax identification number as required by the US Internal Revenue Service.

4.2: Government Fees. You agree to pay all applicable taxes or fees imposed by any government entity in connection with your use of the Service.

4.3: Ownership of Funds. Payments made under this Agreement are only for use by you and may not be transferred to any third party unless expressly authorized in writing by Poor Irishman Internet Marketing.

4.4: Violation of Agreement. Poor Irishman Internet Marketing reserves the right to withhold payment or charge back your account due to any violation of this Agreement by you, pending Poor Irishman Internet Marketing's reasonable investigation of any violation of this Agreement by you.

5: User-Supplied Content.

5.1: User-Supplied Website Content. You understand that information available to you through the Service may include information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content") that are unedited, sexually explicit, or offensive to you and that your access to such materials is at your own risk. Poor Irishman Internet Marketing hereby disclaims any responsibility for or control over all Content.

5.2: User-Supplied Products and Services. You understand that the products and services available to you through the Service may include Content or functionality that violates the Poor Irishman Member Terms of Service. You agree that your access to and use of such Content is at your own risk. Poor Irishman Internet Marketing hereby disclaims any responsibility for or control over such Content.

5.3: Right to Refuse Content. Poor Irishman Internet Marketing reserves the right (but not the obligation) to refuse or delete any Content that it reasonably considers to violate any provision of this Agreement or be otherwise illegal.

5.4: Right of Editorial Discretion. Poor Irishman Internet Marketing reserves the right to modify any Content that it reasonably considers to violate any provision of this Agreement for the purpose of bringing it into compliance with this Agreement.

5.5: Right to Review Poor Irishman Member Content. Poor Irishman Internet Marketing reserves the right to acquire and review items, scripts, textures, or any other assets in Poor Irishman Member (to the extent that Poor Irishman Member permissions allow) that are represented by Poor Irishman Internet Marketing (PIM) Content for the purpose of investigating claims of misrepresentation (see Section 6.2).

5.6: License. When you submit Content, you remain the original copyright holder. However in doing so you also grant Poor Irishman Internet Marketing a non-exclusive, world-wide, royalty-free, sublicenseable right to exercise the copyright, publicity, and database rights you have in the Content (excluding Content not residing in Poor Irishman Internet Marketing's computer systems, such as Poor Irishman Member inventory). These rights allow us to do our job of promoting, selling, and distributing your Content.

6: User Conduct.

6.1: User Conduct. You agree not to upload, post, email, or otherwise transmit through the Service: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable Content of any kind; (b) any Content that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any Content that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation.

6.2: Misrepresentation. You agree not to defraud or misrepresent yourself, your Content, other members, or their Content through use of the Service.

6.3: Adult Content. YOU AGREE THAT YOU WILL POST OR UPLOAD ADULT CONTENT ONLY IN AREAS WHERE IT IS CLEARLY VISIBLE THAT YOU CAN SPECIFY CONTENT AS "Adult" AND THAT YOU WILL MARK ANY CONTENT WHICH FALLS UNDER THE Adult Guidelines AS "Adult". BY ACCEPTING THIS AGREEMENT YOU REPRESENT THAT YOU AGREE TO THE POLICIES STATED IN THE Listing Guidelines.

7: Interruption or Change of Service. Poor Irishman Internet Marketing, at its sole discretion, may modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

8: Termination. You agree Poor Irishman Internet Marketing may immediately delete your Account and all related information, communications, and files, and may bar any further access to such account, communications, files, or the Service under any provision of this Agreement. You also acknowledge and agree that termination of any of Service may be effected without prior notice.

9: Unauthorized Transactions

9.1: Poor Irishman Internet Marketing reserves the right to hold any payments up to 30 days from the time funds are deposited or received if there is reason to believe said funds may be associated with one or more fraudulent or unauthorized transactions.

9.2: Poor Irishman Internet Marketing reserves the right to reverse, charge back, or withhold payment of any transaction that is confirmed to be fraudulent or unauthorized. You agree this may affect your account even if you are not directly involved with said fraudulent transactions. You further agree that Poor Irishman Internet Marketing shall not be held liable for any damages resulting from actions taken against fraudulent or unauthorized transactions.

10: Disclaimer of Warranties.

10.1: YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

10.2: Poor Irishman Internet Marketing EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.3: Poor Irishman Internet Marketing MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Poor Irishman Internet Marketing MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

10.4: YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

10.5: Poor Irishman Internet Marketing MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

10.6: NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Poor Irishman Internet Marketing OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

10.7: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME USERS.

11: Limitation of Liability

11.1: YOU AGREE THAT Poor Irishman Internet Marketing, ITS PARTNERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES AND DISTRIBUTORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF Poor Irishman Internet Marketing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2: YOU FURTHER AGREE THAT Poor Irishman Internet Marketing SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

11.3: You acknowledge that Pursuant to Section 512 of the Digital Millennium Copyright Act, Poor Irishman Internet Marketing has a policy providing for termination of Service to Account holders who are repeat offenders. However, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL Poor Irishman Internet Marketing BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.

11.4: IN NO EVENT SHALL Poor Irishman Internet Marketing BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50.

11.5: SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.

12: Copyrights. If you believe that your work is accessible via Poor Irishman Internet Marketing (PIM) in a way that constitutes copyright infringement, you may notify us with the following information in writing:

1. identification of the copyrighted work you claim has been infringed
2. a link to the page containing copyrighted work that has been infringed and a description of the nature of the infringement
3. name, address, telephone number, and email address of the person making the copyright infringement claim
4. inclusion of the following statement:
   "I have a good faith belief that use of the copyright materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
5. physical signature of the copyright holder or authorized agent (may be in an electronic format such as a scanned document)

The complaint can be submitted to Poor Irishman Internet Marketing via any of the following:

1. email (in the form of a scanned document such as a PDF) to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ,
2. or via postal mail to:

Poor Irishman Internet Marketing
Attn: Andrew Jackson
4954 Woodland Ferry Road
Seaford, DE 19973
USA
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
302-628-7855

If Poor Irishman Internet Marketing receives such a claim, Poor Irishman Internet Marketing reserves the right to refuse or delete Content in accordance with Section 4.3 or to terminate a member's Account in accordance with Section 7 of this Agreement.

After receiving an infringement claim, Poor Irishman Internet Marketing will investigate and take appropriate actions under the Digital Millennium Copyright Act of 1998 (DMCA) and any other applicable laws.

The DMCA provides for counter-notification if a member feels he or she is being wrongly accused of copyright infringement. A written counter-notification letter must be sent including the following information:

1. identification of Content that has been removed or disabled by Poor Irishman Internet Marketing
2. name, address, telephone number, and email address of the member
3. a statement consenting to the jurisdiction of the Federal District Court (i) in the judicial district where the member's address is located if the address is in the United States, or (ii) in the Federal District Court of Delaware (where Poor Irishman Internet Marketing does business) if the member's address is located outside the United States. (17 U.S.C. 512(g)(3))
4. inclusion of the following statement:
   "I swear, under penalty of perjury, that I have a good faith belief that the item identified above was removed or disabled as a result of a mistake or the misidentification and is not infringing on copyright."
5. physical signature of the member (may be in an electronic format such as a scanned document)

After receiving a counter-notification, Poor Irishman Internet Marketing will take appropriate actions under the DMCA and any other applicable laws.

In cases where the parties cannot come to agreement on the copyright infringement claim, Poor Irishman Internet Marketing will take action as deemed appropriate by the courts.

13: General. This Agreement and the relationship between you and Poor Irishman Internet Marketing shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Poor Irishman Internet Marketing agree to submit to the personal and exclusive jurisdiction of the courts located within Sussex County, Delaware. The failure of Poor Irishman Internet Marketing to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and rule that the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14: Exclusions and Exceptions. The preceeding Agreement does not apply to Exclusive Client, Strategic Partnership, or Reseller relationships established, entered into, or held by Poor Irishman Internet Marketing. In the case of Exclusive Client, Strategic Partnership, or Reseller relationships - any Contract or Agreement between Poor Irishman Internet Marketing and the Other Party will supercede this Terms of Service Agreement.