| BOARDHOST.COM, INC. TERMS OF SERVICE FOR PAID SERVICE PLANS |
| Last Revised January 3, 2005 |
SERVICE PROVIDED UNDER PAID SERVICE PLANS
Boardhost.com, Inc. provides a message board and access to administrative functions for the board to the user, who is at least eighteen (18) years old, or is a minor over the age of thirteen (13) who has parental permission. Service is provided "as is." There may, among other things, be 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. FURTHERMORE, THE COMPANY’S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
Boardhost is not obligated to monitor the Service, but may do so and may remove or edit any message or adjust the settings of your account. Messages that Boardhost may, in its sole discretion, elect to remove or edit include without limitation those which violate the "Content Restrictions" enumerated herein.
Your message board will be free of banner or popup advertisements supplied by Boardhost. You may, if you wish, feature your own (or your sponsors’ or affiliates’) advertisements on your board provided that the advertisements are consistent with the content and other provisions of these terms and provided further that, in Boardhost’s sole discretion, the advertisements do not consume inordinate server resources.
Other features of the plans available can be found at http://boardhost.com/plans/. The feature description for the plan you select is the description for that plan at http://boardhost.com/plans/ as of the date you create your account.
You will be subscribed to our "Boardhost Updates" newsletter, which ordinarily will provide notice of account changes, scheduled downtimes, or new features. You may opt out of receiving "Boardhost Updates," by configuring your account in the administration area.
You agree to monitor your message board, checking it at least once per day, for any content that violates these terms. Unmonitored boards are not allowed.
PAYMENT
You may purchase a paid service plan for a term of 30, 90, or 180 days at the prices specified at http://tools.boardhost.com/subscriptions/direct.cgi at the time you create your account for the plan you select. If you do not renew your service plan at then-current prices before it expires, your service will be discontinued, and Boardhost may permanently delete any content associated with it. Boardhost ordinarily will remind you of the option to renew you service before it expires, but is not obligated to do so.
Boardhost provides a fourteen (14) day trial period for paid service plans for new customers. If you do not pay for your plan in full within fourteen (14) days after it is created, Boardhost ordinarily will remove it, and may permanently delete any content associated with it. Only one trial period is permitted per person. All provisions of these terms of service shall apply during the trial period.
Boardhost shall not be responsible for any delays in delivery of payment or notifications.
All Boardhost fees and charges are payable in advance, are nonrefundable, and are exclusive of any tax, except as required by law.
Boardhost reserves the right to suspend or terminate your access to the Service should any credit or debit card you specify to Boardhost be rejected or should your card issuer (or its agent or affiliate) seek return of payment previously made to Boardhost where Boardhost believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Boardhost.
If you believe there are errors or discrepancies in amounts billed to your credit or debit card by Boardhost, you must notify us within sixty (60) days after you receive the disputed credit or debit card statement. Failure to notify Boardhost of errors or discrepancies within sixty (60) days after you receive the disputed credit or debit card statement shall release Boardhost from any liability for the alleged discrepancy.
Boardhost provides an encrypted gateway for payment, but we cannot guarantee the safety of any financial or other information you provide to us. YOU, AND NOT BOARDHOST, ARE RESPONSIBLE FOR ANY CHARGES MADE TO YOUR CREDIT OR DEBIT CARD BY THIRD-PARTIES WITHOUT YOUR AUTHORIZATION.
CONTENT RESTRICTIONS
The following content is not allowed on your message board:
NO UNSOLICITED E-MAIL
Individuals or organizations that promote or use spamming (unsolicited bulk e-mail) or methods thereof are not allowed to create or use a Boardhost message board. Any reported incident of spamming, or any form of unsolicited e-mail or newsgroup posting that includes a link to or references to your Boardhost message board, may result in IMMEDIATE termination of your Boardhost account, and a ban from registering for any Boardhost services. You may not directly solicit new visitors to your message board by any means of e-mail communication.
TERMINATION
Boardhost reserves the right to remove your message board and account access, without warning, for any reason at its sole discretion.
Acts or failures to act for which Boardhost ordinarily will terminate an account include without limitation the following:
MODIFICATION
Boardhost reserves the right to modify these terms of service at any time. You agree to review these terms of service regularly, and, at a minimum, to review these terms of service at least once every 15 days. Failure to close your account within twenty-five (25) days of any such changes constitutes your acceptance of the new agreement. Boardhost may also, at its sole discretion, attempt to notify you by e-mail, via Boardhost Updates, or otherwise, of such changes. If Boardhost notifies you by e-mail, your failure to close your account within ten (10) days of such notification constitutes your acceptance of the new agreement. Boardhost shall not be responsible for your failure to receive e-mail notices that we have sent.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES 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 TERMS OF SERVICE.
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 TERMS OF SERVICE 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 LOSSES (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. FURTHERMORE, THE COMPANY’S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
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 agents, affiliates or anyone using your board, whether or not on your behalf, and whether or not with your permission) use of the Service, including without limitation claims arising out of or related to your violation of these terms of service, or your violation of the rights of another person. Should Boardhost be notified of a pending legal action, or receive notice of the filing of a legal action, Boardhost may seek written confirmation from you concerning your obligation to indemnify Boardhost, and you agree to provide such confirmation promptly.
GENERAL TERMS
You agree to take all reasonable steps to ensure that those who post ("Posters") to your message board are at least thirteen (13) years of age, including without limitation informing any Poster to your board that you learn or believe is younger than thirteen (13) that they may no longer post on your board and deleting any posts made by that person.
You agree that Boardhost may preserve content and membership information and may release any or all preserved content or membership information 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 terms of service, 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 your board. With respect to content that you post or make available through your board, however, without limiting any other rights these terms of service 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.
If you post rules or policies on your board, such rules or policies shall not be inconsistent with these terms of service or Boardhost's usage terms. You understand and agree that any such rules or policies do not bind Boardhost and Boardhost will not enforce them, and that any such rules or policies shall be regarded merely as statements of your preferences.
If you so choose to permit, 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 terms of service.
You agree to, at all times, maintain information reasonably sufficient to permit viewers of your message board to contact you, at a minimum, including an e-mail address on your board.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented on your board is protected by intellectual property or other proprietary rights and laws.
Notices to you may be made via either e-mail or regular mail. Boardhost may also provide notices of changes to these terms of service or other matters by displaying notices or links to notices to you generally on Boardhost’s website or on the Service.
Boardhost shall have the sole discretion as to what constitutes a violation of any of these terms of service.
You may not sell or resell the Service or otherwise charge or receive any fees in connection with the Service.
You may not assign or otherwise transfer this agreement without Boardhost's explicit written permission, and subject to any requirements or restrictions on which Boardhost may condition such permission.
This agreement creates no third-party beneficiaries.
You warrant that all information you supplied to Boardhost during the account creation process is true and accurate to the best of your knowledge. You agree promptly to notify Boardhost of any changes to this information.
CHOICE OF LAW AND FORUM
The Boardhost Terms of Service 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 condition in these terms of service is found unenforceable, Boardhost reserves the right to modify the condition to comply with the law. All remaining conditions shall remain valid and enforceable.
ENTIRE AGREEMENT
These terms of service contain the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. These terms of service supersede any prior written or oral agreements between the parties.
NO WAIVER
Boardhost’s failure at any time to enforce any provision of these terms of service shall not constitute a waiver or limitation of Boardhost’s right subsequently to enforce every provision of the terms of service.
CHECKING THE "I AGREE TO THE ENTIRE BOARDHOST TERMS OF SERVICE FOR PAID SERVICE PLANS" BOX ON THE ACCOUNT CREATION PAGE, OR CREATION AND/OR USE OF YOUR BOARDHOST MESSAGE BOARD OR THE BOARDHOST ADMINISTRATION AREA CONSTITUTES ACCEPTANCE OF THESE TERMS OF SERVICE.