SERVICE PROVIDED

Boardhost.com, Inc. provides a message board or forum and access to administrative functions for the message board or forum 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.

You agree to monitor your message board or forum, checking it at least once per day, for any content that violates these terms. Unmonitored boards are not allowed.

PLANS

Boardhost offers both free and paid service plans. If you elect to purchase a paid service plan, you may do so for a term of 30, 90, or 180 days at the prices specified at http://boardhost.com/plans.html 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 paid service plan will be changed to a free service plan. Boardhost ordinarily will remind you of the option to renew your paid service plan before it expires, but is not obligated to do so.

Boardhost shall not be responsible for any delays in delivery of payment or notifications.

All Boardhost fees and charges are payable in advance, are non-refundable, and are exclusive of any tax, except as required by law.

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.

If you purchase a paid plan, your message board or forum will be free of banner or popup advertisements supplied by Boardhost (Boardhost may however implement features in your board or forum that generate revenue for Boardhost but which do not change the facial appearance of your board or forum). With an active paid plan you may, if you wish, feature your own (or your sponsors' or affiliates') advertisements on your message board or forum provided that the advertisements are consistent with the content and other provisions of these terms.

Other features of the plans available can be found at http://boardhost.com/plans.html. The feature description for the plan you select is the description for that plan at http://boardhost.com/plans.html as of the date you create your account.

DOMAIN NAMES

For an additional yearly fee, Boardhost may offer the ability to register a custom domain name for use in accessing your message board or forum. Domain name services are currently provided by Network Solutions/SRSplus, and by registering a domain you agree to their Domain Registration Agreement.

Further, you agree that the domain name you choose does not infringe upon the rights of any other person or entity or otherwise contradict the "Content Restrictions" enumerated herein. Boardhost may, without notice, discontinue access to the service for any domain name that in its sole discretion contradicts these terms.

It is your responsibility, and not Boardhost's, to ensure that your domain name is renewed prior to its expiration date. Failure to do so may result in the permanent forfeiture of your domain name.

CONTENT RESTRICTIONS

The following content is not allowed on your message board or forum:

• Racism
  
• Hatred or hate speech
  
• Harassment
  
• Excessive profanity
• Obscene material
  
• Violent content, including fights and/or gore
  
• Nudity or pornography
  
• Adult content, including fetish content and/or erotic stories
  
• Piracy, hacking, cracking, viruses, worms, warez, malware or adware
  
• Sales of prescription and/or elicit drugs, alchohol and/or tobacco, or firearms and/or weapons
• Any illegal content or the promotion of illegal activity
  
• 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
  
• Content that is objectionable, controversial or otherwise unsuitable for the placement of advertising, in Boardhost's sole discretion
  
• Commercial Banner advertisements or revenue generating links (other than those which we have placed on your board), if you have a free service plan
  
• Any link to or any image from a site containing any material outlined in these restrictions
  
• Any material deemed offensive or inappropriate by Boardhost, in its sole discretion, after you have been informed that Boardhost so deems the material (you agree that Boardhost may remove such material or direct you to remove it without prior notice, however)
  

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 or forum. 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 or forum, 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 or forum by any means of e-mail communication.

TERMINATION

Boardhost reserves the right to remove your message board or forum and account access, or take steps to do so, without warning, for any reason at its sole discretion.

Acts or failures to act for which Boardhost ordinarily will terminate a message board or forum account include without limitation the following:

• Inactivity for a period of more than 90 days if you have a free service plan. (Inactivity being a period when no messages are posted to your message board or forum.)
  
• Failure to maintain an accurate e-mail address and/or other contact information with Boardhost.
  
• Any attempt to defeat, disrupt, or degrade our advertisements, if you have a free service plan.
  
• Infringing, or tolerating infringement by those who post to your message board or forum ("Posters") of, the intellectual property or other rights of third-parties or Boardhost.
  
• Impacting Boardhost or other Boardhost customers negatively through the usage of an especially excessive amount of server resources, in Boardhost's sole discretion.
  
• Should any payment previously made to Boardhost be disputed or should the card issuer or provider (or their agent or affiliate) seek return of a payment in which Boardhost believes you are liable for the charge.
  
• Significant or repeat violations of any provision of these terms.
  

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, your violation of the rights of another person, or your violation of law. 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 Posters are at least thirteen (13) years of age, including without limitation informing any Poster to your message board or forum that you learn or believe is younger than thirteen (13) that they may no longer post on your message board or forum 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.

Boardhost may be paid a commission in exchange for the placement of certain links appearing on 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.

You represent and warrant that your usage of our service and/or content that you provide through our service does not violate any law, rule, policy or regulation.

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 or forum to contact you, at a minimum, including an e-mail address on your board.

If you have a free service plan, you agree that your message board or forum and its messages may be in the English language only.

With a paid service plan, you may choose to restrict your message board or forum from public view. Other third parties could use or be provided another of your user's credentials or otherwise intercept or be provided communications from your message board or forum. Under no event should your message board or forum be used to post confidential or otherwise sensitive information.

If you have a free message board, and your message board's content is deemed unsuitable for the placement of advertising pursuant to the "Content Restrictions" enumerated herein, but does not otherwise violate these Terms, we may, but are not obligated to, allow you to continue your usage of our services by purchasing a paid service plan which is free of banner or popup advertisements, in lieu of terminating your account. If we provide notification of our having such deemed your message board, you agree that your message board will be subject to termination without further notice if you do not elect to purchase a paid service plan, or if at at any time in the future you do not maintain an active paid service plan.

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 message board or forum 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 Iowa, USA, exclusive of choice-of-law principles. You hereby consent to the exclusive jurisdiction of the courts of the State of Iowa, in Dubuque County, Iowa, USA, or, if subject matter jurisdiction is unavailable there, to the jurisdiction of the Cedar Rapids Division of the U.S. District Court for the Northern District of Iowa, 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 AND PRIVACY POLICY" BOX ON THE ACCOUNT CREATION PAGE, OR CREATION AND/OR USE OF YOUR BOARDHOST MESSAGE BOARD OR FORUM OR ITS ADMINISTRATION AREA CONSTITUTES ACCEPTANCE OF THESE TERMS OF SERVICE.