1. ACCEPTANCE OF TERMS
Welcome to The BBS Organization! theBBS.org provides
the Free Homepages service to you, subject to the following Terms of
Service ("TOS"), which may be updated by us from time to time without
notice to you; provided that, we will not alter Section 7 ("Content
Submitted to The BBS Organization") without prior notice to and acceptance by
you. You can review the most current version of the TOS at any time at: http://thebbs.org/homepage/tos.html.
Please note that other theBBS.org services, outside of the Free Homepages, are
governed by a different Terms of Service.
2. DESCRIPTION OF SERVICE
The BBS Organization currently provides users
with access to a collection of on-line resources, including a personal
web page hosting service (the "Service"). Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new The BBS Organization resources, shall be subject
to the TOS. In order to use the Service, you must obtain access to the
World Wide Web, either directly or through devices that access web-based
content, and pay any service fees associated with such access. In
addition, you must provide all equipment necessary to make such connection
to the World Wide Web, including a computer and modem or other access
device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the
Service, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Service's registration form
(such information being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or theBBS.org has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, theBBS.org
has the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof).
4. theBBS.org PRIVACY POLICY
Pursuant to theBBS.org's privacy policy,
we will never disclose to any third parties any information contained in
your Registration Data or related data, unless such action is reasonably
necessary to comply with the law, legal process, or to enforce the TOS.
5. MEMBER CONDUCT
You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content
originated. This means that you, and not theBBS.org, are entirely responsible
for all Content that you upload, post or otherwise transmit via the
Service. theBBS.org does not control the Content posted via the Service and, as
such, does not guarantee the accuracy, integrity or quality of such
Content.
You agree to not use the Service to:
(a) upload, post or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a
theBBS.org official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service or
develop restricted or password-only access pages, or hidden pages or
images (those not linked to from another accessible page);
(e) upload, post or otherwise transmit any Content that you do not have
a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights of
any party;
(g) upload, post or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those
areas of the Service that are designated for such purpose;
(h) upload, post or otherwise transmit any material that contains
software viruses 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;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise act
in a manner that negatively affects other users' ability to engage in real
time exchanges;
(j) interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
(k) intentionally or unintentionally violate any applicable local,
state, national or international law.
(l) "stalk" or otherwise harass another;
(m) collect or store personal data about other users;
(n) promote or provide instructional information about illegal
activities, promote physical harm or injury against any group or
individual, or promote any act of cruelty to animals. This may include,
but is not limited to, providing instructions on how to assemble bombs,
grenades and other weapons, and creating "Crush" sites;
(o) use your home page (or directory) as storage for remote loading or
as a door or signpost to another home page, whether inside or beyond theBBS.org
;
(p) have multiple theBBS.org addresses that have the same theme.
(q) display banners for services that provide cash or cash-equivalent
prizes to users in exchange for hyperlinks to their web sites.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global
nature of the Internet, you agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically, you agree to comply
with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
7. CONTENT SUBMITTED TO The BBS Organization
theBBS.org does not claim
ownership of the Content you place on your The BBS Organization Site. By
submitting Content to theBBS.org for inclusion on your The BBS Organization Site,
you grant theBBS.org the world-wide, royalty-free, and non-exclusive license to
reproduce, modify, adapt and publish the Content solely for the purpose of
displaying, distributing and promoting your theBBS.org Site on
theBBS.org's Internet properties. This license exists only for as long as you
continue to be a The BBS Organization homepage user and shall be terminated at
the time your theBBS.org homepage Site is terminated.
You acknowledge that theBBS.org does not pre-screen Content, but that theBBS.org
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or remove any Content that is available via the
Service. Without limiting the foregoing, theBBS.org and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content.
8. INDEMNITY
You agree to indemnify and hold theBBS.org, and its
subsidiaries, affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your
Content, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy,
sell, resell or exploit any portion of the Service, use of the Service, or
access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that
theBBS.org may establish general practices and limits concerning use of the
Service. Currently, each The BBS Organization address allows particular
individuals to have 20MB of disk space for his or her files.
11. MODIFICATIONS TO SERVICE
theBBS.org reserves the right at any time
and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice. You
agree that theBBS.org shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
12. TERMINATION
You agree that theBBS.org, in its sole discretion, may
terminate your password, theBBS.org Homepage Site, use of the Service or use
of any other theBBS.org service, and remove and discard any Content within the
Service, for any reason, including, without limitation, for lack of use or
if theBBS.org believes that you have violated or acted inconsistently with the
letter or spirit of the TOS. theBBS.org may also in its sole discretion and at
any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the
Service under any provision of this TOS may be effected without prior
notice, and acknowledge and agree that theBBS.org may immediately deactivate or
delete your The BBS Organization Site and all related information and files in
your The BBS Organization Site and/or bar any further access to such files or
the Service. Further, you agree that theBBS.org shall not be liable to you or
any third-party for any termination of your access to the Service.
13. theBBS.org PROPRIETARY RIGHTS
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 to you through the Service or advertisers is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by theBBS.org or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software, in whole
or in part.
theBBS.org grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form, or
to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree
not to access the Service by any means other than through the interface
that is provided by theBBS.org for use in accessing the Service.
14. DISCLAIMER OF WARRANTIES
YOU 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. theBBS.org 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) theBBS.org MAKES NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c)
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 FROM theBBS.org OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
theBBS.org 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 theBBS.org 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.
18. EXCLUSIONS AND LIMITATIONS
SOME 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 16 AND 17 MAY NOT APPLY TO YOU.
16. NOTICE
Notices to you may be made via either email or regular
mail. The Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally on the
Service.
17. COPYRIGHTS
theBBS.org respects the intellectual property rights of
others and we ask our users to do the same.
18. GENERAL INFORMATION
The TOS constitute the entire agreement
between you and theBBS.org and govern your use of the Service, superceding any
prior agreements between you and theBBS.org or GeoCities (including, but not
limited to, any prior versions of the TOS). You also may be subject to
additional terms and conditions that may apply when you use affiliate or
other theBBS.org services, third-party content or third-party software. The TOS
and the relationship between you and theBBS.org shall be governed by the laws
of the State of California without regard to its conflict of law
provisions. You and theBBS.org agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Santa Clara,
California. The failure of theBBS.org to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force
and effect. You 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 TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The section titles in the
TOS are for convenience only and have no legal or contractual effect.
19. VIOLATIONS
Please report any violations of the TOS to our Site Administration.
