BOARDHOST.COM, INC. MESSAGE BOARD USAGE TERMS Last Revised December 4, 2007 This agreement governs your access to, Inc.’s ("Boardhost" or "we") facilities, message boards, and services (collectively the "Service"), unless you are or become subject to Boardhost’s Terms of Service for Message Board Accounts. In consideration for your right to use the Service, you agree as follows: SERVICE PROVIDED, Inc. ("Boardhost") provides access to interactive message boards, created and maintained by its customers, to users who are at least eighteen (18) years old and to minors over the age of thirteen (13) who have parental permission. Service is provided "as is." There may be, among other things, unexpected downtimes, loss of data, or interruptions of service. BOARDHOST SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH INTERRUPTIONS OR DATA LOSSES, OR OTHERWISE AS A RESULT OF YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS. Boardhost is not obligated to monitor the Service, but may do so and may remove or edit any message or adjust your access to the Service. Messages that Boardhost may, in its sole discretion, elect to remove or edit include without limitation those which violate the "Restrictions" enumerated herein. CONTENT Boardhost ordinarily does not review messages before they are posted to its message boards. Opinions expressed on a Boardhost message board are those of the message author and not of Boardhost. Likewise, Boardhost makes no representations or warranties concerning the truth or falsity of any assertion of fact made by message authors (other than Boardhost) on a Boardhost message board. If permitted by a board's owner, users may create a custom poll in their message. Although our poll feature has been designed to limit a unique user to one vote, Boardhost cannot guarantee such an outcome. Polls and their results are provided for entertainment only, and poll results may be skewed for a variety of reasons, including without limitation the group of users targeted. Polls are subject to all other provisions of these usage terms. Some Boardhost customers include their own rules or policies on their message board. Boardhost does not review, endorse, or enforce such rules or policies. Any such rules or policies that customers include on their boards do not bind Boardhost and are to be regarded as mere expressions of the customer’s preferences. BOARDHOST SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF ANY MESSAGES POSTED BY THIRD PARTIES OR YOU TO OR THROUGH THE USE OF ANY BOARDHOST MESSAGE BOARD. RESTRICTIONS You must be at least thirteen (13) years of age to post a message to any Boardhost message board. The following content is not permitted to appear in any messages posted to Boardhost message boards: * Racism * Hatred * Harassment * Adult content * Obscene material * Nudity or pornography * Material that infringes intellectual property or other proprietary rights of any party * Material the posting of which is tortious or violates a contractual or fiduciary obligation you or we owe to another party * Piracy, hacking, viruses, worms, or warez * Any illegal content * Commercial banner advertisements or revenue-generating links (other than those which we have placed on a board) * Any link to or any images from a site containing any material outlined in these restrictions * Any material deemed offensive or inappropriate by Boardhost DISCLAIMER OF WARRANTIES YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. BOARDHOST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOARDHOST (INCLUDING ITS CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND AFFILIATES) OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE USAGE TERMS. SOME JURISDICTIONS DO NOT PERMIT DISCLAIMERS OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU. WAIVER OF DAMAGES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: NOTWITHSTANDING ANYTHING ELSE IN THESE USAGE TERMS OR OTHERWISE, BOARDHOST SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, PROCUREMENT OF SUBSTITUTE GOODS, GOODWILL, DATA OR OTHER LOSESS (EVEN IF BOARDHOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE. SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU. INDEMNIFICATION You agree to indemnify and hold harmless Boardhost and its contractors, agents, employees, officers, directors, shareholders and affiliates from any losses, damages, or costs, including reasonable attorney's fees, resulting from any claim or demand arising out of or related to your (including your contractors’, agents’, employees’, officers’, directors’, shareholders’, and affiliates’) use of the Service, including without limitation claims arising out of or related to your violation of these terms or service, your violation of the rights of another person, or the content of any message or messages posted to a Boardhost message board. TERMINATION Boardhost reserves the right to terminate or take steps to terminate your access to the Service, in whole or in part, without warning, for any reason at its sole discretion. Acts or failures to act for which Boardhost may terminate or take steps to terminate your access to the Service include without limitation the infringement of the intellectual property or other rights of third-parties or Boardhost. MODIFICATION Boardhost reserves the right to modify these usage terms at any time. Modifications will be posted to this website. You agree to review these usage terms for modifications regularly, and, at a minimum, to review these usage terms at least once every 15 days. You accept new usage terms if you use the Service at any time after twenty-five (25) days of any such modifications. NOTIFICATION OF CLAIMED INFRINGEMENT If you believe that content posted on a Boardhost message board is violating your rights under U.S. copyright law, you may, pursuant to the Digital Millennium Copyright Act (DMCA) file a complaint of such claimed infringement with Boardhost’s designated agent in the manner described at NO UNSOLICITED EMAIL Individuals or organizations that promote or use spamming (unsolicited bulk e-mail) or methods thereof are not allowed to use Boardhost message boards. Any form of unsolicited e-mail or newsgroup posting that includes a link to or references a Boardhost message board is prohibited. GENERAL TERMS Any information that is disclosed on a Boardhost message board becomes public information. You should exercise caution when deciding to disclose your personal information. To control abuse, your IP address may appear on the top of any posting to a Boardhost message board. After any posting, your IP address, as well as your user-agent string, which ordinarily includes such information as your computer's operating system and the type and version of your web browser, is also available to the owner of a Boardhost message board. Your IP address, and any other information you disclose, will also be revealed to the owner of a board if their board requires registration and you register for access. Some message board owners permit users to exchange "Private Messages" on their board. Such messages are only private in the sense that they do not immediately appear for public viewing. You should exercise the same caution when sending "Private Messages" as you would any public posting. "Private Messages" are subject to all other provisions of these usage terms. Under no circumstances may you disclose personally identifying information about or related to a person under the age of thirteen (13). You agree that Boardhost may preserve content (including identifying information) and may release any or all preserved content to governmental agencies, courts, or other third-parties if we believe, in our sole discretion, that you have or may have committed illegal activities, violated these usage terms, violated the rights of third-parties, impaired in any respect the ability of Boardhost to operate the Service properly, or endangered in any respect Boardhost or third-parties, or in the event that the information is subpoenaed or subject to other judicial or administrative process. Boardhost does not claim ownership of content you or third-parties post to a board. With respect to content that you post or make available through a board, however, without limiting any other rights these usage terms afford to Boardhost, you grant Boardhost a world-wide, perpetual, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content for the purpose of providing and promoting the Service. You may not, in connection with your use of the Service, impersonate any individual or misrepresent your affiliation with any individual or group. Should Boardhost decide, in its sole discretion, that it needs to discover your identity to enforce this agreement against you, you waive any right you might otherwise have had to prevent Boardhost from learning your identity from your internet service provider. Boardhost shall have the sole discretion as to what constitutes a violation of any of these usage terms. This agreement creates no third-party beneficiaries. CHOICE OF LAW AND FORUM These Boardhost usage terms shall be governed by the laws of the State of Illinois, USA, exclusive of choice-of-law principles. You hereby consent to the exclusive jurisdiction of the courts of the State of Illinois, USA in any and all disputes arising out of, or related to, your use of Boardhost's services. SEVERABILITY If any provision of these usage terms is found unenforceable, Boardhost reserves the right to modify the provision to comply with the law. All remaining provisions shall remain valid and enforceable. ENTIRE AGREEMENT These usage terms contain the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. These usage terms supersede any prior written or oral agreements between the parties. NO WAIVER Boardhost’s failure at any time to enforce any provision of these usage terms shall not constitute a waiver or limitation of Boardhost’s right subsequently to enforce every provision of the usage terms. VIEWING, POSTING OR REGISTERING FOR ACCESS TO A BOARDHOST MESSAGE BOARD CONSTITUTES YOUR ACCEPTANCE OF THESE USAGE TERMS. Close this Window Copyright ©1998-2007 All Rights Reserved., Inc.