phpBB-Host.org - Terms of Service By using this service, you signify your agreement to these terms of service. If you do not agree to these terms of service, please do not use the service. phpBB-Host.org reserves the right, at its discretion, to add, change, modify, or remove portions of these terms at any time. Please check these terms regularly for changes. Your continued use of phpBB-Host.org following the posting of any changes to these terms will mean you accept those changes. You are responsible for keeping up to date with the terms in this agreement.
By using this service you expressly agree that use of phpBB-Host.org is at your sole risk. Neither phpBB-Host.org, nor its affiliates, nor any of its officers directors, or employees, agents, third-party content providers, licensers, sponsors, merchants, or the like, warrant that phpBB-Host.org will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of phpBB-Host.org and its services, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through phpBB-Host.org. Back to top
DISCLAIMER phpBB-Host.org is provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by phpBB-Host.org nor its affiliates, nor any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, shall create a warranty; nor shall you rely on any such information or advice.
Under no circumstances shall phpBB-Host.org or any other party involved in creating, producing, or distributing phpBB-Host.org be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use phpBB-Host.org, including but not limited to reliance by you on any information obtained from phpBB-Host.org or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to phpBB-Host.org's records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through phpBB-Host.org. Due to the fact that some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. phpBB-Host.org may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
phpBB-Host.org does not want to receive confidential or proprietary information from you through our web site or e-mail addresses. Please note that any information or material sent to phpBB-Host.org or any of its related sites, services, or e-mail addresses will be deemed NOT to be confidential. By sending phpBB-Host.org any information or material, you grant phpBB-Host.org an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that phpBB-Host.org is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
phpBB-Host.org makes no representations whatsoever about any other web site which you may access through this one. When you access a non-phpBB-Host.org web site, please understand that it is independent from phpBB-Host.org, and that phpBB-Host.org has no control over the content on that web site. In addition, a link to a non-phpBB-Host.org web site does not mean that phpBB-Host.org endorse or warrants in any way whatsoever or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. By using a hyperlink on the phpBB-Host.org web site you agree to accept full responsibility for use of the hyperlink. Back to top
LIMITATION OF LIABILITY Under no circumstances whatsoever shall phpBB-Host.org be liable for any loss of data, lost profits or any damages including, without limitation, any indirect, special, incidental, consequential or other damages that result from the use of, or inability to use, the materials in this service, even if phpBB-Host.org or a phpBB-Host.org authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Notwithstanding the foregoing, in no event shall phpBB-Host.org's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site or any of its products or services. By using this site you agree to hold phpBB-Host.org harmless in all capacities to the fullest extent allowable by law. Back to top
CONTENT PROPRIETARY RIGHTS You("User") acknowlege that phpBB-Host.org contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and phpBB-Host.org owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, User may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the US copyright laws (see e.g. 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software. Back to top
THIRD PARTY CONTENT phpBB-Host.org has no editorial control over third party content. Any opinions, advice, statements, services, offers, or other information that constitutes part of content expressed or made available by third parties, including providers, merchants, sponsors, licensers, or any other user of phpBB-Host.org, are those of the respective authors or distributors and not of phpBB-Host.org or its affiliates or any of its officers, directors, employees, or agents. Neither phpBB-Host.org nor its affiliates, nor any of its officers, directors, employees, or agents, nor any third party, including any provider, merchant, sponsor, licenser, or any other user of phpBB-Host.org, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through phpBB-Host.org represents the opinions and judgments of the respective provider, merchant, sponsor, licenser, or user not under contract with phpBB-Host.org.
phpBB-Host.org neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on phpBB-Host.org by anyone other than authorized phpBB-Host.org employees. Under no circumstances shall phpBB-Host.org, or its affiliates, or any of its officers, directors, employees, or agents be liable for any loss or damage caused by a user's reliance on information obtained through phpBB-Host.org. It is the responsibility of user to evaluate the information, opinion, advice, or other content available through phpBB-Host.org. Back to top
DISTRIBUTION OF THIRD PARTY CONTENT Except as set forth in CONTENT PROPRIETARY RIGHTS above, you may upload to or otherwise distribute on phpBB-Host.org only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the you to criminal prosecution as well as personal liability for damages in a civil suit. You, not phpBB-Host.org, nor its affiliates, nor any of its officers, directors, employees, agents, Merchants, Providers, Sponsors, Licensers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. By submitting Content to any User-submit areas, User automatically grants, or warrants that the owner of such Content has expressly granted phpBB-Host.org the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on phpBB-Host.org retains any and all rights which may exist in such Content. Back to top
phpBB-Host.org's RIGHTS phpBB-Host.org's rights include but are not limited to the below paragraphs. phpBB-Host.org may elect to monitor any areas of the site or any of its services and may disclose any content, records, or electronic communication of any kind to satisfy any law, regulation, or government request or if such disclosure is necessary or appropriate to operate phpBB-Host.org or to protect the rights or property of phpBB-Host.org, its visitors, sponsors, providers, licensers, or merchants.
phpBB-Host.org is not responsible in any way whatsoever for screening, policing, editing, or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, phpBB-Host.org may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from phpBB-Host.org.
phpBB-Host.org reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, phpBB-Host.org, or any rights of phpBB-Host.org or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither phpBB-Host.org nor its providers, merchants, sponsors, or licensers can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither phpBB-Host.org, nor its affiliates, nor any of its officers, directors, employees, or agents, nor provider, merchant, sponsor, or licenser shall assume liability for any action or inaction with respect to conduct communication, or content on phpBB-Host.org. Back to top
1. Limitations. The Service is subject to the following limitations:
-a. CPU Resources. User acknowledges that the Service is provided on a shared server and agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the phpBB-Host.org server, including without limitation, use of highly active PHP scripts or MySQL processes.
-b. Reselling. All features of your account are to be used by the account holder only and not redistributed to the internet community. You may not install any uploading scripts or file managers which store public uploaded files on your webspace. You may not give out your FTP or account login password to anyone who is not related to webmastering your web site, nor may you give out your password for the purpose of public uploads or download. You may not sub host/resell or run your own web hosting provider on our servers, this included providing an account or website to persons who were denied an account by phpBB-Host.org.
-c. User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following:
--i. any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
--ii. hate propaganda;
--iii. racist, threatening, or otherwise abusive content;
--iv. child graphy;
--v. the promotion or incitement of, or instruction for, the commission of illegal activities;
--vi. mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities;
--vii. content promoted through the sending of unsolicited e-mail (also known as spamming);
--viii. sending of unsolicited e-mail (spam) from the phpBB-Host.org server, or any other server that refers to content on the phpBB-Host.org server, or sending such e-mail with a phpBB-Host.org hosted Web site listed as the contact address;
--ix. warez, cracks, hacks, spam software & their associated utilities;
--x. information or other material that contains a virus, corrupted data or any other harmful or damaging component;
--xi. any files protected with any deceptive method to hide the true content of the file, or to hide a file inside another file;
--xii. download sites of any kind, including but not limited to, shareware, freeware, trialware, demos, warez, appz, gamez, iso, cracks;
-d. In addition to the above, User shall not upload onto their phpBB-Host.org web space any of the following:
--i. audio or video files of any type this includes but is not limited to .wma .wmv .wav .mp3 .avi .mpg .asf .mov (however flash and midi files are allowed);
--ii. spanned archives such as such as .z01 .rar .ace;
--iii. any binary files that are not linked to an html page on the Site;
--iv. sites which contain only (or mostly) downloadable files;
2. Idemnity. User agrees that phpBB-Host.org is not responsible for content on pages hosted on member sites and acknowledges that phpBB-Host.org does not endorse or verify any such material.
3. Idemnity. User agrees to assume full responsibility for all files associated with the Site and acknowledges that User may be held legally for the contents of the Site.
4. Idemnity. Accounts, in our sole descretion, conciders to be storing only or mostly downloadable files are not allowed and will be terminated upon sight.
h. Backup and Monitoring. User is solely responsible for creating backups of any files associated with the Site and for monitoring the Site. phpBB-Host.org does not provide backups nor recovery of lost files.
5. Notice to Officials. If phpBB-Host.org determines that law enforcement officials should be notified regarding potentially illegal content on the Site, User agrees that phpBB-Host.org may provide copies of User's web pages to the appropriate officials without notice to user. phpBB-Host.org will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
6. Policies and Guidelines. User agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by phpBB-Host.org anywhere on the site www.phpBB-Host.org
This agreement shall be governed by and construed in accordance with the laws without regard to choice of law rules. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
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TERMINATION OF THIS AGREEMENT This agreement is effective until terminated by either party.
You may terminate this agreement at any time, by destroying all materials obtained from phpBB-Host.org, along with all related documentation and all copies and installations.
phpBB-Host.org shall have the right to immediately terminate this Agreement with respect to any user which phpBB-Host.org, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. phpBB-Host.org may terminate this agreement at any time and without notice to you. Upon termination, you must destroy all materials received from phpBB-Host.org.
In addition, by providing material on our web site, we do not in any way promise that the materials will remain available to you. phpBB-Host.org is entitled to terminate all or part of any of its site or services at any time, without notice to you. Back to top
ACKNOWLEDGMENT This Agreement represents the entire understanding between you and phpBB-Host.org regarding your relationship with phpBB-Host.org and supersedes any prior statements or representations. You signify your assent to be bound by this agreement by using phpBB-Host.org services. Back to top