Terms of Service

This is a standard contract used by a number of Service Providers and not negotiable.

WHEREAS, phpBBing is an information provider connected to the Internet. phpBBing offers storage and transfer services over the Internet through access to its Web Server;

WHEREAS, Customer seeks to utilize phpBBing's server for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, phpBBing can make no guarantee that any given reader shall be able to access phpBBing 's server at any given time. phpBBing represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

WHEREAS, the party has authority to enter into this agreement on behalf of the Company, if applicable;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

Material and Products:

1. phpBBing will exercise no control whatsoever over the content of the information passing through the network. phpBBing makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. phpBBing also disclaims any warranty of merchant- ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of phpBBing is at the Customer's own risk, and phpBBing specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. phpBBing expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. phpBBing specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", phpBBing may, at its option and at any time, reject this material, including but not limited to after it has been put on phpBBing Server. phpBBing agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of phpBBing. If the Customer fails to modify the material, as directed by phpBBing , within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.

Trademarks & Copyrights:

1. Customer warrants that it has the right to use the applicable trademarks, if any.

Hardware, Equipment & Software:

1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access phpBBing . phpBBing makes no representations, warranties or assurances that the Customer's equipment will be compatible with the phpBBing service.

Age:

1. The Customer certifies that he or she is at least 13 years of age.

Internet Etiquette:

Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of phpBBing may not be used to impersonate another person or misrepresent authorization to act on behalf of others or phpBBing . All messages transmitted via phpBBing should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

Limited Liability:

1. Customer expressly agrees that use of phpBBing 's Server is at Customer's sole risk. Neither phpBBing , its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that phpBBing 's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the phpBBing Server service, unless otherwise expressly stated in this Agreement.

2. Under no circumstances, including negligence, shall phpBBing , its offices, agents or any one else involved in creating, producing or distributing phpBBing 's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the phpBBing Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to phpBBing 's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on phpBBing 's Server service.

3. Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise.

Lawful Purpose:

Customer may only use phpBBing's Server for lawful purpose. Trans- mission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold phpBBing harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against phpBBing, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless phpBBing against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with phpBBing 's Server; (ii) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Customer sold on phpBBing Server.

Contract Revisions:

Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of phpBBing Services as specified in Section I. Financial Arrangements.

Transfer:

Customer may not transfer this agreement without the written consent of phpBBing.

Content:

All services provided by phpBBing may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless phpBBing from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all phpBBing servers. This includes sites that may infer sexual content, or links to graphic adult content elsewhere. phpBBing will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to phpBBing servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated software
Pirated Music
Pirated Movies/TV
Hacker programs or archives
Warez sites

phpBBing will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising - Email:

phpBBing , or the sending of unsolicited email, from an phpBBing server or using an email address or domain that is maintained on an phpBBing machine as reference is STRICTLY prohibited. phpBBing will be the sole arbiter as to what constitutes a violation of this provision.

Server Abuse:

Any attempt to undermine or cause harm to a server, or customer, of phpBBing is strictly prohibited.

Refusal of Service:

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

All Sub-Networks of phpBBing must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties.

This Agreement shall be governed and construed in accordance with the laws of the United States of America.

Forum Inactivity

phpBBing reserves the right to delete your service at any time or if no activity is recorded for 14 days (2 weeks) or longer without notice.