The
Hotboards (Hotboards.com) Message Forum is a paid service provided
by Cyber Concepts, Inc. to all members of the internet community,
including commercial websites. Please read this agreement in its
entirety and choose 'I Agree' or 'I Decline' at the bottom. All
users of our service will be bound by this agreement, which may
be updated by Cyber Concepts from time to time with or without notice
to you. This Agreement (also known as Terms of Service) governs
the terms of the use by Client ("Member") of services
offered by Cyber Concepts. ("Provider").
By creating and using a message forum with this system, you indicate
that you understand and agree to the following:
We
reserve the right to delete any message forum for any reason at
any time with or without given notice, including but not limited
to forums containing or linking to the following types of content:
1. Content
promoting the use of alcohol, tobacco or illegal substances
2. Nudity,
sex, pornography, adult-oriented content, child pornography or
links to child pornography, bestiality, warez, hacking and/or
cracking, adult website password trading or any other illegal
activities
(If
you wish to create an adult oriented Message Forum, please
click here.)
3. Expletives
or inappropriate language(s), libelous or slanderous.
4. Content
promoting illegal activity, racism, hate, "spam", mail
fraud, pyramid schemes, or investment opportunities or advice
not permitted under law
5. Content
that is libelous, defamatory, contrary to public policy, or otherwise
unlawful
6. Harassment
or disputes
7. Any material which violates or infringes any copyright, trademark,
trade secret, patent, statutory, common law or other proprietary
rights of others.
You agree not to "spam" or attempt to broadcast in any
way to the message forums. This system is not designed to function
with large scale, mass postings. Such "spamming", or
attempts to "spam", will constitue an
abuse/attack of our systems and reason for legal action against
you.
We cannot
be held responsible for stopping any particular individual from
posting messages to your forum, nor can we stop or "filter
out" any specific types of materials from being submitted
to your forum, including
image links or URL's.
If you are
receiving undesired postings to your board, your best defense
is to set a posting password and delete any undesired submissions
so that they will not be displayed on your forum. You may also
choose to ban certain IP addresses from your forum by using the
provided IP banning utility.
Permissible
customization of paid message forums is limited to the options
expressly made available in the board setup/administration areas.
You will not attempt to hold us liable for any damages resulting
from the use or malfunction of the message forum service.
Payment for
Services. Member will pay for services provided under this Agreement
by credit card authorization provided to Provider. Member will
be charged the published monthly fee and will be automatically
charged every 30 days thereafter until cancelled or terminated.
If this Agreement is terminated on some day other than the last
day of the end of the term length, Client will be obligated to
pay for only the prorated portion of the monthly service plan
charge for the month in which the service is terminated.
Payment Terms. Unless otherwise subscribed or agreed, payment
of the selected Service is due on the 30th day from the time of
purchasing the service for the Service to be rendered during the
upcoming 30 days. Cyber Concepts reserves the right to adjust
its fees for Service hereunder at any time. Authorized
charges to credit cards shall be made in advance, on the 30th
day from last charge for the term of this Agreement until terminated
as provided herein.
Payment Method. Customer hereby authorizes charges to be made
in advance to the identified credit card each month for the term
of this Agreement in the amount of the selected service. If charges
cannot be processed on the identified credit card at any time
during the term of this Agreement, Provider will notify Member
and allow 48 hours for an alternate credit card to be identified.
Charges are not successfully made within 48 hours of the original
time of the notification, Member will be in breach of this Agreement
and Provider may render the Service innoperable.
Term. This
Agreement may be terminated by Client or Provider at any time
without prior notice and without cause. If either party is in
default under this Agreement (including nonpayment), then the
nondefaulting party may also immediately terminate the Agreement
without prior notice to the other party.
Compliance with Law. Client will use the services offered by Provider
in a manner consistent with all applicable local, state and federal
laws and regulations.
File Back-up.
Provider is not responsible for Client's files, messages or data
residing on Provider's servers. Though periodic backups are made
on all forums, we cannot guarantee the recovery of data lost.
Cancellation. In order to stop service, Client must follow the
cancellation procedure which can be found at http://www.hotboards.com/services/cancel/
Disclaimer
of warranties. Provider's service is provided on an "as is,
as available" basis. Provider specifically discliams any
other warranty, express or implied, including any warranty of
merchantability or fitness for a particular purpose. In no event
shall Provider be liable for any consequential, indirect, special
or incidental damages, even if Provider has been advised by Member
of the potential loss or damage. If the Service is is disrupted
or malfunctions for any reason, Provider shall not be responsible
for losses of income or any other damages due to disruption of
Service, beyond fees paid by Member to Provider for services,
during the period of disruption or malfunction.
Limitation/Disclaimer of Liability. Provider is not liable for
protection or privacy of information transferred through the Internet
or any other network provider or its member may utilize. Provider
does not represent or warrant to Member that Member will receive
continual and uninterrupted service during the term of this Agreement.
In no event shall Provider be liable to Member for any damages
resulting from or related to any failure or delay of Provider
to provide service under this Agreement if such delays or failures
are due to strikes, riots, fire, inclement weather, acts of God,
theft or vandalism or other causes beyond Provider's control,
as defined by standard practices in the industry. Such failure
or delay shall not constitute a default under this Agreement.
Indemnity.
Member agrees to defend, indemnify and hold Provider harmless
from and against any and all claims, losses, liabilities and expenses
(including attorneys' fees) related to or arising out of the services
provided by Provider to Member under this Agreement, including
without limitation claims made by third parties (including customers
or users of Member's forum ) related to any false advertising
claims, liability claims for products or services sold by Client,
claims for patent, copyright or trademark infringement, claims
due to disruption or malfunction of services provided hereunder,
or for any content submitted by Member for publication by Provider,
but excluding those related to the negligence of Provider.
These policies
may change at any time without notice but will always be found
published within this website for the life of this service.
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