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By clicking the "Complete Registration" button when when you sign up for an account, or by viewing this site as a guest you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Section 19 below.
2. THE HOSTBOARD SERVICEThe Hostboard Service is an online application, enabling businesses and individuals to build, join and participate in customized and personalized discussion groups. You understand and agree that the Service is provided "AS-IS" and that Hostboard assumes no responsibility for, among other things, (1) any service outages or interruptions (2) the unavailability of particular boards, features or services, (3) the inability to access the Service, (4) the failure or inability to post materials to the Service, (4) the deletion of materials posted to the Service or (5) the failure to store materials posted to the service.
3. REGISTRATIONTo take advantage of the Service's full capabilities users must register with Hostboard. You may register at HERE. You may also register as a user by clicking on the "register" link on any Hostboard screen, then clicking on the link that describes your age. If you choose to register, you agree that you will supply Hostboard with the information requested in the registration process, ensure that the information supplied is accurate, and update the information as necessary to ensure that it remains accurate. Information supplied in the registration process, as well as other information provided to Hostboard during your use of the Service is governed by Hostboard's privacy policy that can be viewed HERE at any time. During the registration process, you will asked to provide a user ID and valid e-mail address. You will not be asked to select a password for your individual account. Your password will be e-mailed to the e-mail account you suppllied. You are solely responsible for maintaining the confidentiality of your password. You agree that anyone with whom you share your password will abide by this Agreement, and that you will be liable for the conduct of those using your account and password. You are encouraged to and may change your password at any time by visiting the My Profile menu located on any of the Hostboard screens. If you learn of any unauthorized use of your account or password, you agree to notify Hostboard immediately by logging a support ticket at our Help Desk.
4. CONTENT ACCESSIBLE ON THE SERVICE
The Hostboard service contains a huge variety of information, data, messages, directions, computer programs, pictures, audio/visual works and other materials (the "Content") that users post. Please use caution and common sense when viewing Hostboard communities. You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Service. You acknowledge that Hostboard is not responsible for, does not control, does not endorse and does not verify the Content posted to the Service or available through the service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will Hostboard be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service.
You acknowledge that Hostboard does not pre-screen Content, but agree that Hostboard shall have the right (but not the obligation) to access any board, and remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, Hostboard shall have the right to access any board and remove or restrict access to any Content that violates this Agreement or that Hostboard believes is otherwise objectionable.
You acknowledge and agree that Hostboard may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Hostboard, its users and the public.
You grant Hostboard the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any Content you post/upload/contribute to the Service, for the purposes of displaying such information on Hostboard's sites and for the promotion and marketing of Hostboard's services. However, Hostboard will not resell, attempt to resell, or otherwise convey these rights to any third party.
6. USER CONDUCT
You agree to not use the Service to:
(a) violate or solicit the violation of any applicable local, state, national or international law;
(b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights.
(c) upload, post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws; (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number; (6) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (7) you do not have a right to upload or post due to contractual or other legal obligation.
(d) impersonate any person or entity, including, but not limited to, a
Hostboard official, message board leader (moderator), guide or host, or
falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(f) interfere with or disrupt the Service, computer servers or boards accessible through the Service;
(g) disseminate off-topic messages on boards promoting any product, service, web site, board or venture, or promote boards on the Service through unsolicited electronic mail messages to third parties.
If you do use the Service to commit any of the above, Hostboard may, at its sole discretion. terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service.
In using the Service to create or make accessible a forum, you agree to use your best efforts to ensure that individuals posting Content to the board comply with Paragraph 6 of this Agreement, and agree to take action to remove or disable access to any Content on the board that violates Paragraph 6 of this Agreement.
8. COMMUNITY-SUPPORTED PROGRAM
By signing up to be a registered user or moderator under the Community-Supported program, you agree to the following:
(a) You expressly understand and acknowledge Hostboard's Disclaimer of Warranties under Section 13 below and that Hostboard will not be liable for any damages under this Agreement pursuant to the Limitations of Liability in Section 14 below. You expressly understand and acknowledge that the pricing reflected in this program is based on the above limitations, and that the limitations in this Section 8(a) represent a reasonable allocation of risk for the parties.
(b) You expressly understand and acknowledge that any fees due or paid by you under the COMMUNITY-SUPPORTED program are non-refundable in part or in whole. Hostboard currently accepts payment only by PayPal, and reserves the right to modify its acceptable forms of payment at any time without notice.
(c) You expressly understand and acknowledge that Hostboard may change your privileges as a user or administrator of the COMMUNITY-SUPPORTED program and that Hostboard reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the COMMUNITY-SUPPORTED program (or any part of it) with or without notice. You acknowledge that Hostboard shall not be liable to you or to any third party for any modification, suspension or discontinuance of the COMMUNITY-SUPPORTED program.
You agree that Hostboard may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, for example, the maximum number of messages a user may post to a given board or the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that Hostboard has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10. MODIFICATION AND TERMINATION OF SERVICEHostboard reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that Hostboard shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Hostboard, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that Hostboard shall not be liable to you or any third-party for any termination of your use or ability to access the Service. Specific reasons for such limitation or termination include, but are not limited to the following: (a) circumventing any Hostboard banner display. Subscribers to our "no-ad banner option" are exempt from this requirement. All Hostboard member boards must have a link to Hostboard or its related directories. (b) using in the registration of your Hostboard membership an email account that is not your own or that is or becomes inactive. (c) reproducing, distributing, republishing or retransmitting material posted by other Hostboard members without the prior permission of such members. Hostboard reserves the right to take any action it deems necessary with respect to your Hostboard or user account if we have reason to believe it may cause us to lose the services of our ISP or suppliers.
11. OTHER WEB SITES AND RESOURCESThird parties using the Service may provide links or access to other web sites and resources. Because Hostboard has no control over such sites and resources, you acknowledge and agree that Hostboard is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Hostboard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
12. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENTYou agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Service, access to the Service or any of the Content accessible through the Service, other than Content as to which you hold the intellectual property rights.
13. DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOSTBOARD 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. (b) HOSTBOARD MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY HOSTBOARD.
14. LIMITATION OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT HOSTBOARD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOSTBOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
15. EXCLUSIONS AND LIMITATIONSSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
16. EXCLUSIONS AND LIMITATIONSYou agree to indemnify and hold Hostboard, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.
17. NOTICESNotices to you may be made via either email or regular mail. Hostboard may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service.
18. NOTICESThis Agreement and your relationship with Hostboard shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. You and Hostboard agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fairfield Connecticut, USA 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 Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. MODIFICATIONWe may amend this Agreement at any time by posting the amended terms on our site located HERE. All amendments shall automatically be effective 30 days after they are initially posted on our site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications. This Agreement may not be otherwise amended except in a writing signed by an officer of Hostboard.
20. GENERALThis Agreement constitutes the entire agreement between you and Hostboard with respect to the Service and supersedes all prior agreements and understandings between you and Hostboard. Hostboard's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Paragraphs 12, 13, 14, 15 and 17 of this Agreement shall survive any termination of the Agreement. You can have a copy of this Agreement emailed to you by making a request over at our Help Desk. This request should include your; user ID, actual name and address to mail the request of this agreement to.
21. OFFICIAL LANGUAGE - ENGLISHThis AGREEMENT AND THE HOSTBOARD site is developed in English and MAY BE translated into other languages. TO THE EXTENT A TRANSLATION OF THE AGREEMENT OR THE SITE IS PROVIDED, IT IS AFFORDED AS a convenience only. For all purposes, only the English VERSION OF THIS AGREEMENT, AND THE ENGLISH VERSIONS OF THE HOSTBOARD SITE SHALL BE OFFICIAL AND BINDING ON THE PARTIES. Hostboard is not responsible for the accuracy and correctness of the translation. You are solely responsible to carefully read AND UNDERSTAND the English text and YOU AGREE THAT YOU MAY NOT RELY on translations provided AS OFFICIAL DOCUMENTS OR REPRESENTATIONS.
Some personal information is required in order to create a forum and or ID on Hostboard. This information includes your email address that allows the Hostboard server to route important messages to your existing email account. Forum notifications, Hostboard newsletters, and messages sent to you all rely on the email address you provide when you signup. You have the ability to change your email address that is associated with your Hostboard account at any time. Hostboard will not disclose your email address to any Hostboard member, or to any third party, without your permission with the exception of requests by legal authorities pending investigation of illicite activities whereby Hostboard will fully co-oporate with them.
Other required information provides aggregate demographic data that we use to better understand the types of people using Hostboard. This information allows us to do a better job of recommending content that may be of interest to you on Hostboard, and to show you advertisements that are relevant to your age and geographic location. Similar to television, radio, and magazines, Hostboard relies primarily on revenue from advertising to subsidize the cost of providing you with free services. To help enhance the relevance and effectiveness of ads, Hostboard provides advertisers demographic information on an aggregate basis (not linked to your personal name or email address). For example, Hostboard will report to advertisers that "45% of members are female and the average age is 28."
The above describes information that is provided "actively" - meaning, you choose to submit this information to us when you join Hostboard, or update your account at any point after having joined. Some other information is provided "passively" - meaning, that Hostboard obtains this information when you login to your Hostboard account and use the service. This is done primarily through the use of "cookies". Cookies are used on Hostboard to verify your login information, and to optionally store your password in your browser so that you do not need to type it in each time you visit Hostboard. Any time that you point your browser to a 'members-only' area, Hostboard checks your browser's cookie file to see if you have already logged in, and if you have, you're taken right to the page that you have requested. If not, you'll be directed to the Hostboard login screen, where you can quickly and easily login to your account, or signup for a Hostboard account if you are not yet a member. Cookies are also used in conjunction with some ad banners to determine their effectiveness.
When a user posts on Hostboard, that user's IP (Internet Protocol) address number is collected by our software. Only users with administrative or moderation powers are given the option of using our "Display Poster/member's IP" feature, which causes the Internet Protocol (IP) address, from which the information was sent, to appear under the posting user's name in each post. Hostboard does not routinely review this information. However, Hostboard will observe and track user IPs when investigating complaints that a user has violated our Terms of Use or committed an illegal act through the use of our service.
Hostboard has formed partnerships with other Web-based services, in the interest of bringing the highest quality services to you "under one roof". Hostboard also requires from its partner sites the same level of respect and privacy for members' personal information that Hostboard adheres to, and as a result will not redistribute any of your account information without your consent.
Hostboard, as well as its partner sites, may send you email messages on a regular basis to keep you apprised of your membership status and inform you of new services available to you. Examples of this on Hostboard include the personalized 'My Hostboard' email, which shows you an overview of activity in your favorite Hostboard message board, and the Hostboard newsletter. If you create your own forum on Hostboard, we may also email you traffic summary reports of your forum on a regular basis. Included in each of these messages are simple instructions on how to remove yourself from these mailings if you do not wish to receive them in the future. Our partner sites will also include similar instructions to be removed from their own regular mailings should you not wish to receive email correspondence from any of them as well.
Hostboard does not routinely terminate user accounts, nor do we delete Hostboard communities unless they continualy violate our policies and warning messages are disreguarded. If you no longer wish to use your account, simply let it go unused or you can delete it from the system from within "my profile". If you wish to remove your message board and its contents you can let it go unused and it will remain secure up to 90 days where upon it will be deleted for inactivity. If you no longer wish to receive emails from Hostboard, you can turn off the ability to allow administrators and modertaors to send you e-mail noticies as well as the ability to keep your e-mail address viewable when you are posting through updating "my profile".
In this electronic era, when personal information can easily be obtained through various sources, Hostboard appreciates the sensitivity of any private information that you disclose to us. It is our intention to treat your account information with the highest level of care. If you have further questions about our practices and policies with regard to how your account information is treated, please contact us at any time through our Help Desk..
Hostboard works with a third party that serves ads to this site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other web sites in order to provide advertisements about goods and services of interest to you. Hostboard does not openly share, lease or rent this information with these advertisers. This information how ever can be collected by these third party advertisers once you leave the Hostboard system.
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