Boardnation's Terms of Service (ToS) is designed to provide our customers with a clear understanding of what is expected when using this service. All users of a Boardnation service must comply with the Terms of Service (ToS) and use of a Boardnation service constitutes agreement with the Terms of Service (ToS).

Boardnation does not routinely monitor the activity of our customers except for measurements of utilization and the preparation of billing records. However we will respond appropriately if we become aware of inappropriate use of our service. Please report all violations of our Terms of Service (ToS) using this form. We may also cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime, civil wrongdoing, or other violation of the policies set forth by the Terms of Service (ToS).

This Agreement shall be construed in all respects in accordance with the laws of the state of Oregon and any applicable laws of the United States of America. Venue for all disputes will be Washington County, Oregon.

1. Content

a) All services provided by Boardnation may be used for lawful purposes only. Boardnation is a strong advocate for freedom of speech and expression but transmission, storage, linking to, or presentation of any information, data, or material in violation of any International, United States Federal, or State of Oregon law is prohibited. This includes, but is not limited to:

i) Illegal or Copyrighted Materials.

ii) Material that is threatening or obscene.

iii) Adult Material - This includes but is not limited to pornographic photographs, erotica, and otherwise obscene or vulgar material.

iiii) Material that is protected by trade secrets or other statue.

V) Warez - This includes but is not limited to hacking, cracking, ROMS, pirated software, illegal emulators, password cracking, and IP spoofing.

Vi) Slander - This includes but is not limited to defamatory information, false information, and perjury.

b) Links to prohibited content as described by this provision are not allowed.

c) You, the Customer, are solely responsible for any and all content on your board.

d) Boardnation reserves the right to be the sole arbiter as to what constitutes a violation of this provision.

2. Modification and Changes

The Customer is granted the right to make modifications and change settings on their forum provided that:

a) The customer does not try to hide nor alter the copyright message output by the <bn copyright> tag in their template.

b) If the Customer has chosen to subscribe to the ad plan and thus place a banner ad on their forum to lift the point limit, the Customer will not try to hide nor alter the placed banner ad.

c) All modifications and changes are made in accordance with the Terms of Service (ToS).

3. SPAM

Boardnation has a Zero Tolerance SPAM Policy. Any customer found spamming to increase visitors or signups is in violation of this provision.

SPAMing includes but is not limited to:

a) Sending unsolicited e-mails to any amount of people just telling them about your board.

b) Posting advertisement messages about your board on other boards, without following policies set forth to do so by the administration of that board.

c) Sending unsolicited messages to random people on any type of messenger about your board.

Exceptions to this rule apply to any designated advertisement areas or if the Customer is contacting someone for help with their board. Boardnation reserves the right to be the sole arbiter as to what constitutes a violation of this provision.

4. Payment

a) Service Rates: Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the customer. The customer is aware that Boardnation may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Boardnation achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

b) Payment: Establishment of this service is dependent upon receipt by Boardnation of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.

c) Payments and Fees: Credit cards, or other forms of payments, that are declined for any reason are subject to a $2.00 declination fee. Service may be interrupted on accounts that reach ten (10) days past due. Service interrupted for nonpayment is subject to a $20 reconnect charge. Accounts not paid by due date are subject to a $7.00 late fee. Accounts that are not collectable by Boardnation may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay Boardnation a "Processing and Collection" Fee of not less than $50 and not more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this Terms of Service (ToS).

d) Refund and Disputes: All payments to Boardnation are nonrefundable. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Boardnation's sole discretion is a valid charge under the provisions of the Terms of Service (ToS), you agree to pay Boardnation an "Administrative Fee" of not less than $50 USD and not more than $150 USD.

e) Failure to Pay: Boardnation may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

f) Account Cancellation: Requests for canceling accounts should be made to sales@boardnation.com with at least 10 days notice prior to the next billing due date.

5. Signup

a) While Boardnation tries to provide ample opportunity to signup for the service; opportunity to signup is not guaranteed. Boardnation reserves the right to limit and control new signups as is desired. In addition, Boardnation always reserves the right to refuse service to anyone.

b) A child under the age of 13 may not signup for a Boardnation service. A minor under the age of 18 may not signup for a Boardnation service without parental consent. Additional documentation may be required prior to activation of your account if you are between the ages of 13 and 18.

c) You may not signup for any Boardnation service if you intend to start or currently own or operate a competing service. You may also not signup on behalf of someone who intends to start or already owns or operates a competing service. Boardnation reserves the right to be the sole arbiter as to what constitutes a violation of this provision.

d) By signing up for a Boardnation service you agree to the terms set forth in the Terms of Service (ToS).

6. Interruption of Service

While Boardnation tries to achieve 100% uptime; this cannot be possible often due to matters outside of our control. Boardnation will not be responsible for any damages your business may suffer. Boardnation makes no warranties of any kind, expressed or implied for services provided. Boardnation disclaims any warranty, merchantability, or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Boardnation, its employees, or a third party. The Customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Customer further acknowledges that Boardnation's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

7. Suspension of Service

Boardnation reserves the right to suspend access to any Customer's account according to the policies set forth by the Terms of Service (ToS). If inappropriate activity is detected, all accounts of the Customer in question may be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Customer will not be credited for the time the Customer's accounts were suspended.

8. Indemnification

Boardnation wishes to emphasize that in agreeing to the Terms of Service (ToS), the customer indemnifies Boardnation and its employees for any violation of the Terms of Service (ToS) that results in loss to Boardnation or the bringing of any claim against Boardnation or its employees by any third-party. This means that if Boardnation or its employees are sued because of a Customer's activity, the Customer will pay any damages awarded against Boardnation or its employees, plus all costs and attorney's fees. The Customer also agrees that they will not sue nor take to court Boardnation or its employees for any actions taken by Boardnation in accordance with the Terms of Service (ToS).

9. Abuse

Any attempts to undermine, slander, libel, threaten, swear at, harass, or cause harm to any Boardnation, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination. In addition, Boardnation will pursue all attempts to the fullest extent of the law.

10. Applicable Laws and Regulations

No matter where the Customer is located, they agree to follow all United States Federal and state of Oregon laws and regulations while using a Boardnation service.

11. Modifications to This Agreement

Boardnation reserves the rights to change, edit, or update the Terms of Service (ToS) at any time for any reason with or without advance notice. Upon Boardnation modifying this agreement, the Customer has fourteen (14) days to cancel their account with Boardnation or else their lack of action will be viewed as acceptance of the modifications made.

Last Updated: October 26, 2003

Failure to follow any terms and conditions may result in account deactivation.

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