A copy of terms for US based forums NY...

NYCGuy76

Fanatic
Joined
Jul 1, 2006
Messages
1,167
Anyways this is a terms that my mother had created for her from a lawyer a year back for her website and I decided to use it too. This is only good for websites operating out of the US and I'd make sure to check your state that this applies to you. This is for NY . Anyways I figured to share it with you all in case you need one. Also note I'm registered with DMAC site so if you're not you can just delete it from your terms. There might be parts that you don't need so you could always delete those sections.
 

inomnibus

Aspirant
Joined
Jul 12, 2017
Messages
16
No lawyer wrote that nonsense. I'm a Constitutional law professor and SCOTUS barred attorney.

"We are registered with DMCA." Really? How does one register with a federal statute?

That's not how DMCA notices are handled. You have to provide an agent for service if you do not have a data officer.

This also fails to meet GDPR requirements and the CCPA. You have to provide a manner for downloading personal data and a method for requesting the deletion of personal data.

You can't be registered with those either but you do have to comply with one or both even if your only users are U.S. residents.

I didn't even bother reading it in full. It wasn't necessary. This will get someone sued.
 

NYCGuy76

Fanatic
Joined
Jul 1, 2006
Messages
1,167
Dmca I added myself but the rest was from rocket lawyer. Now if Rocket Lawyer is fake that's a different story but that's where she and I purchased the terms from. You enter the state answer a few details and they set it up for you. Like I said the DMCA I added myself at the bottom since they don't add that on their terms but everything else is from them. I suggest that you tell them what you posted on here that I'm lying about where I got the terms of service and that no lawyer wrote that document. Here is my email from which I registered so you can tell them that they're sending fake statements. So you're a constitutional law professor and I'm an electrician. Is that suppose to give you the right to talk like a$$?

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NYCGuy76

Fanatic
Joined
Jul 1, 2006
Messages
1,167
How much did they sting you for?
They had two options and both options have trial periods. For just one document which for me was the terms 40 a month but I cancelled reoccurring payments. Then the second option which is for multiple documents is something like 70 a month.
 

Nev_Dull

Anachronism
Joined
Apr 27, 2010
Messages
2,260
If you're more comfortable with purchasing T&Cs, then it's a good move. However, I wouldn't waste the money for the legalese bafflegab. Terms and conditions documents are pretty straight forward and common sense. I prefer to write them myself, using plain language that's easier for all members to read and understand.
 

NYCGuy76

Fanatic
Joined
Jul 1, 2006
Messages
1,167
You my friend have the patience. I most certainly do not lol.
 

cornnfedd

Captain Futurama
Joined
Aug 12, 2006
Messages
1,060
Curious, Why would you have to pay a monthly fee anyway? Once you have the T&C you kinda have it, and possibly only need to check and update every year or whatever..
 

NYCGuy76

Fanatic
Joined
Jul 1, 2006
Messages
1,167
Curious, Why would you have to pay a monthly fee anyway? Once you have the T&C you kinda have it, and possibly only need to check and update every year or whatever..
You cancel it before you get charged. Five dollars for the trial which lasts a week. During that time you have them draw up whatever docs you need and then cancel before your trial is over.
 

Hostboard

Aspirant
Joined
Aug 18, 2019
Messages
44
This is the ToS that I use. Not sure if the lingo would hold up and would be curious to constructive critisism/input...
Feel free to use at your own discretion...


This Agreement (the "Agreement") governs your access and use of Hostboard facilities, bulletin boards and service (the "Service"). In consideration for your right to access and use the Service, you and Hostboard agree as follows:

1. ACCEPTANCE OF TERMS
By clicking the "Complete Registration" button when when you sign up for an account, you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Section 19 below.

2. THE HOSTBOARD SERVICE
The Hostboard Service is an online application, enabling businesses and individuals to build, join and participate in customized and personalized discussion groups. You understand and agree that the Service is provided "AS-IS" and that Hostboard assumes no responsibility for, among other things, (1) any service outages or interruptions (2) the unavailability of particular boards, features or services, (3) the inability to access the Service, (4) the failure or inability to post materials to the Service, (4) the deletion of materials posted to the Service or (5) the failure to store materials posted to the service.

3. REGISTRATION
To take advantage of the Service's full capabilities users must register with Hostboard. You may register at HERE. You may also register as a user by clicking on the "register" link on any Hostboard screen, then clicking on the link that describes your age. If you choose to register, you agree that you will supply Hostboard with the information requested in the registration process, ensure that the information supplied is accurate, and update the information as necessary to ensure that it remains accurate. Information supplied in the registration process, as well as other information provided to Hostboard during your use of the Service is governed by Hostboard's privacy policy that can be viewed HERE at any time. During the registration process, you will asked to provide a user ID and valid e-mail address. You will not be asked to select a password for your individual account. Your password will be e-mailed to the e-mail account you suppllied. You are solely responsible for maintaining the confidentiality of your password. You agree that anyone with whom you share your password will abide by this Agreement, and that you will be liable for the conduct of those using your account and password. You are encouraged to and may change your password at any time by visiting the My Profile menu located on any of the Hostboard screens. If you learn of any unauthorized use of your account or password, you agree to notify Hostboard immediately by logging a support ticket at our Help Desk.

4. CONTENT ACCESSIBLE ON THE SERVICE
The Hostboard service contains a huge variety of information, data, messages, directions, computer programs, pictures, audio/visual works and other materials (the "Content") that users post. Please use caution and common sense when viewing Hostboard communities. You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Service. You acknowledge that Hostboard is not responsible for, does not control, does not endorse and does not verify the Content posted to the Service or available through the service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will Hostboard be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service.
You acknowledge that Hostboard does not pre-screen Content, but agree that Hostboard shall have the right (but not the obligation) to access any board, and remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, Hostboard shall have the right to access any board and remove or restrict access to any Content that violates this Agreement or that Hostboard believes is otherwise objectionable.
You acknowledge and agree that Hostboard may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Hostboard, its users and the public.

5. LICENSE GRANTED TO HOSTBOARD
You grant Hostboard the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any Content you post/upload/contribute to the Service, for the purposes of displaying such information on Hostboard's sites and for the promotion and marketing of Hostboard's services. However, Hostboard will not resell, attempt to resell, or otherwise convey these rights to any third party.

6. USER CONDUCT
You agree to not use the Service to: (a) violate or solicit the violation of any applicable local, state, national or international law; (b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights. (c) upload, post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws; (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number; (6) contains software viruses, Trojan horses 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; or (7) you do not have a right to upload or post due to contractual or other legal obligation. (d) impersonate any person or entity, including, but not limited to, a Hostboard official, message board leader (moderator), guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (f) interfere with or disrupt the Service, computer servers or boards accessible through the Service; (g) disseminate off-topic messages on boards promoting any product, service, web site, board or venture, or promote boards on the Service through unsolicited electronic mail messages to third parties.
If you do use the Service to commit any of the above, Hostboard may, at its sole discretion. terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service.

7. CREATION OF FORUMS
In using the Service to create or make accessible a forum, you agree to use your best efforts to ensure that individuals posting Content to the board comply with Paragraph 6 of this Agreement, and agree to take action to remove or disable access to any Content on the board that violates Paragraph 6 of this Agreement.

8. COMMUNITY-SUPPORTED PROGRAM
By signing up to be a registered user or moderator under the Community-Supported program, you agree to the following:
(a) You expressly understand and acknowledge Hostboard's Disclaimer of Warranties under Section 13 below and that Hostboard will not be liable for any damages under this Agreement pursuant to the Limitations of Liability in Section 14 below. You expressly understand and acknowledge that the pricing reflected in this program is based on the above limitations, and that the limitations in this Section 8(a) represent a reasonable allocation of risk for the parties.
(b) You expressly understand and acknowledge that any fees due or paid by you under the COMMUNITY-SUPPORTED program are non-refundable in part or in whole. Hostboard currently accepts payment only by PayPal, and reserves the right to modify its acceptable forms of payment at any time without notice.
(c) You expressly understand and acknowledge that Hostboard may change your privileges as a user or administrator of the COMMUNITY-SUPPORTED program and that Hostboard reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the COMMUNITY-SUPPORTED program (or any part of it) with or without notice. You acknowledge that Hostboard shall not be liable to you or to any third party for any modification, suspension or discontinuance of the COMMUNITY-SUPPORTED program.

9. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE
You agree that Hostboard may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, for example, the maximum number of messages a user may post to a given board or the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that Hostboard has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

10. MODIFICATION AND TERMINATION OF SERVICE
Hostboard reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that Hostboard shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Hostboard, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that Hostboard shall not be liable to you or any third-party for any termination of your use or ability to access the Service. Specific reasons for such limitation or termination include, but are not limited to the following: (a) circumventing any Hostboard banner display. Subscribers to our "no-ad banner option" are exempt from this requirement. All Hostboard member boards must have a link to Hostboard or its related directories. (b) using in the registration of your Hostboard membership an email account that is not your own or that is or becomes inactive. (c) reproducing, distributing, republishing or retransmitting material posted by other Hostboard members without the prior permission of such members. Hostboard reserves the right to take any action it deems necessary with respect to your Hostboard or user account if we have reason to believe it may cause us to lose the services of our ISP or suppliers.

11. OTHER WEB SITES AND RESOURCES
Third parties using the Service may provide links or access to other web sites and resources. Because Hostboard has no control over such sites and resources, you acknowledge and agree that Hostboard is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Hostboard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

12. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Service, access to the Service or any of the Content accessible through the Service, other than Content as to which you hold the intellectual property rights.

13. 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. HOSTBOARD 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) HOSTBOARD MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND 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 THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY HOSTBOARD.

14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOSTBOARD 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 HOSTBOARD 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.

15. 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 13 AND 14 MAY NOT APPLY TO YOU.

16. EXCLUSIONS AND LIMITATIONS
You agree to indemnify and hold Hostboard, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.

17. NOTICES
Notices to you may be made via either email or regular mail. Hostboard may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service.

18. NOTICES
This Agreement and your relationship with Hostboard shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. You and Hostboard agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fairfield Connecticut, USA 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 Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. MODIFICATION
We may amend this Agreement at any time by posting the amended terms on our site located HERE. All amendments shall automatically be effective 30 days after they are initially posted on our site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications. This Agreement may not be otherwise amended except in a writing signed by an officer of Hostboard.

20. GENERAL
This Agreement constitutes the entire agreement between you and Hostboard with respect to the Service and supersedes all prior agreements and understandings between you and Hostboard. Hostboard's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Paragraphs 12, 13, 14, 15 and 17 of this Agreement shall survive any termination of the Agreement. You can have a copy of this Agreement emailed to you by making a request over at our Help Desk. This request should include your; user ID, actual name and address to mail the request of this agreement to.

21. OFFICIAL LANGUAGE - ENGLISH
This AGREEMENT AND THE HOSTBOARD site is developed in English and MAY BE translated into other languages. TO THE EXTENT A TRANSLATION OF THE AGREEMENT OR THE SITE IS PROVIDED, IT IS AFFORDED AS a convenience only. For all purposes, only the English VERSION OF THIS AGREEMENT, AND THE ENGLISH VERSIONS OF THE HOSTBOARD SITE SHALL BE OFFICIAL AND BINDING ON THE PARTIES. Hostboard is not responsible for the accuracy and correctness of the translation. You are solely responsible to carefully read AND UNDERSTAND the English text and YOU AGREE THAT YOU MAY NOT RELY on translations provided AS OFFICIAL DOCUMENTS OR REPRESENTATIONS.
 

Bionic Rooster

Adherent
Joined
Nov 7, 2013
Messages
488
You cancel it before you get charged. Five dollars for the trial which lasts a week. During that time you have them draw up whatever docs you need and then cancel before your trial is over.
You need to read the 'Terms of Service' before you think about cancelling the trial and continue to use the service they provided without payment. You're opening a bad can of worms if you do.
 

NYCGuy76

Fanatic
Joined
Jul 1, 2006
Messages
1,167
You need to read the 'Terms of Service' before you think about cancelling the trial and continue to use the service they provided without payment. You're opening a bad can of worms if you do.
Not really. I paid for a service the five dollar trial and created the documents during that period and used it on my websites. I cancelled after I used them. Also they clearly state:

When you sign up for a free trial, we'll convert you to a paid membership at the end of your trial unless you cancel first. Monthly memberships will automatically renew each month, but you can cancel or downgrade at any time.

r") to new customers who provide a valid payment instrument, such as a credit card or other payment method. If you choose to start a Trial Offer, you will automatically join the paid membership you have chosen at the end of the Trial Offer and you authorize Rocket Lawyer to charge your payment method a recurring monthly membership fee or annual membership fee, as applicable. If you wish to use additional Services beyond those included in the Trial Offer, you may be asked to separately purchase those Services or to upgrade to a paid membership prior to the end of the Trial Offer period. Please visit our Plans and Pricing page for additional details on our available memberships. We reserve the right to change our pricing from time to time, but our price changes will always be prospective and not retroactive.
Unless I'm missing something. Anyways whatever the case I asked the admins to remove the copy that I pasted in case the professor is right. I don't care about myself but I don't want any of you guys to get in trouble in case the terms are nonsense like the professor claimed.
 
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NYCGuy76

Fanatic
Joined
Jul 1, 2006
Messages
1,167
This is the ToS that I use. Not sure if the lingo would hold up and would be curious to constructive critisism/input...
Feel free to use at your own discretion...


This Agreement (the "Agreement") governs your access and use of Hostboard facilities, bulletin boards and service (the "Service"). In consideration for your right to access and use the Service, you and Hostboard agree as follows:

1. ACCEPTANCE OF TERMS
By clicking the "Complete Registration" button when when you sign up for an account, you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Section 19 below.

2. THE HOSTBOARD SERVICE
The Hostboard Service is an online application, enabling businesses and individuals to build, join and participate in customized and personalized discussion groups. You understand and agree that the Service is provided "AS-IS" and that Hostboard assumes no responsibility for, among other things, (1) any service outages or interruptions (2) the unavailability of particular boards, features or services, (3) the inability to access the Service, (4) the failure or inability to post materials to the Service, (4) the deletion of materials posted to the Service or (5) the failure to store materials posted to the service.

3. REGISTRATION
To take advantage of the Service's full capabilities users must register with Hostboard. You may register at HERE. You may also register as a user by clicking on the "register" link on any Hostboard screen, then clicking on the link that describes your age. If you choose to register, you agree that you will supply Hostboard with the information requested in the registration process, ensure that the information supplied is accurate, and update the information as necessary to ensure that it remains accurate. Information supplied in the registration process, as well as other information provided to Hostboard during your use of the Service is governed by Hostboard's privacy policy that can be viewed HERE at any time. During the registration process, you will asked to provide a user ID and valid e-mail address. You will not be asked to select a password for your individual account. Your password will be e-mailed to the e-mail account you suppllied. You are solely responsible for maintaining the confidentiality of your password. You agree that anyone with whom you share your password will abide by this Agreement, and that you will be liable for the conduct of those using your account and password. You are encouraged to and may change your password at any time by visiting the My Profile menu located on any of the Hostboard screens. If you learn of any unauthorized use of your account or password, you agree to notify Hostboard immediately by logging a support ticket at our Help Desk.

4. CONTENT ACCESSIBLE ON THE SERVICE
The Hostboard service contains a huge variety of information, data, messages, directions, computer programs, pictures, audio/visual works and other materials (the "Content") that users post. Please use caution and common sense when viewing Hostboard communities. You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Service. You acknowledge that Hostboard is not responsible for, does not control, does not endorse and does not verify the Content posted to the Service or available through the service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will Hostboard be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service.
You acknowledge that Hostboard does not pre-screen Content, but agree that Hostboard shall have the right (but not the obligation) to access any board, and remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, Hostboard shall have the right to access any board and remove or restrict access to any Content that violates this Agreement or that Hostboard believes is otherwise objectionable.
You acknowledge and agree that Hostboard may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Hostboard, its users and the public.

5. LICENSE GRANTED TO HOSTBOARD
You grant Hostboard the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any Content you post/upload/contribute to the Service, for the purposes of displaying such information on Hostboard's sites and for the promotion and marketing of Hostboard's services. However, Hostboard will not resell, attempt to resell, or otherwise convey these rights to any third party.

6. USER CONDUCT
You agree to not use the Service to: (a) violate or solicit the violation of any applicable local, state, national or international law; (b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights. (c) upload, post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws; (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number; (6) contains software viruses, Trojan horses 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; or (7) you do not have a right to upload or post due to contractual or other legal obligation. (d) impersonate any person or entity, including, but not limited to, a Hostboard official, message board leader (moderator), guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (f) interfere with or disrupt the Service, computer servers or boards accessible through the Service; (g) disseminate off-topic messages on boards promoting any product, service, web site, board or venture, or promote boards on the Service through unsolicited electronic mail messages to third parties.
If you do use the Service to commit any of the above, Hostboard may, at its sole discretion. terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service.

7. CREATION OF FORUMS
In using the Service to create or make accessible a forum, you agree to use your best efforts to ensure that individuals posting Content to the board comply with Paragraph 6 of this Agreement, and agree to take action to remove or disable access to any Content on the board that violates Paragraph 6 of this Agreement.

8. COMMUNITY-SUPPORTED PROGRAM
By signing up to be a registered user or moderator under the Community-Supported program, you agree to the following:
(a) You expressly understand and acknowledge Hostboard's Disclaimer of Warranties under Section 13 below and that Hostboard will not be liable for any damages under this Agreement pursuant to the Limitations of Liability in Section 14 below. You expressly understand and acknowledge that the pricing reflected in this program is based on the above limitations, and that the limitations in this Section 8(a) represent a reasonable allocation of risk for the parties.
(b) You expressly understand and acknowledge that any fees due or paid by you under the COMMUNITY-SUPPORTED program are non-refundable in part or in whole. Hostboard currently accepts payment only by PayPal, and reserves the right to modify its acceptable forms of payment at any time without notice.
(c) You expressly understand and acknowledge that Hostboard may change your privileges as a user or administrator of the COMMUNITY-SUPPORTED program and that Hostboard reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the COMMUNITY-SUPPORTED program (or any part of it) with or without notice. You acknowledge that Hostboard shall not be liable to you or to any third party for any modification, suspension or discontinuance of the COMMUNITY-SUPPORTED program.

9. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE
You agree that Hostboard may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, for example, the maximum number of messages a user may post to a given board or the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that Hostboard has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

10. MODIFICATION AND TERMINATION OF SERVICE
Hostboard reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that Hostboard shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Hostboard, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that Hostboard shall not be liable to you or any third-party for any termination of your use or ability to access the Service. Specific reasons for such limitation or termination include, but are not limited to the following: (a) circumventing any Hostboard banner display. Subscribers to our "no-ad banner option" are exempt from this requirement. All Hostboard member boards must have a link to Hostboard or its related directories. (b) using in the registration of your Hostboard membership an email account that is not your own or that is or becomes inactive. (c) reproducing, distributing, republishing or retransmitting material posted by other Hostboard members without the prior permission of such members. Hostboard reserves the right to take any action it deems necessary with respect to your Hostboard or user account if we have reason to believe it may cause us to lose the services of our ISP or suppliers.

11. OTHER WEB SITES AND RESOURCES
Third parties using the Service may provide links or access to other web sites and resources. Because Hostboard has no control over such sites and resources, you acknowledge and agree that Hostboard is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Hostboard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

12. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Service, access to the Service or any of the Content accessible through the Service, other than Content as to which you hold the intellectual property rights.

13. 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. HOSTBOARD 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) HOSTBOARD MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND 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 THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY HOSTBOARD.

14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOSTBOARD 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 HOSTBOARD 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.

15. 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 13 AND 14 MAY NOT APPLY TO YOU.

16. EXCLUSIONS AND LIMITATIONS
You agree to indemnify and hold Hostboard, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.

17. NOTICES
Notices to you may be made via either email or regular mail. Hostboard may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service.

18. NOTICES
This Agreement and your relationship with Hostboard shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. You and Hostboard agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fairfield Connecticut, USA 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 Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. MODIFICATION
We may amend this Agreement at any time by posting the amended terms on our site located HERE. All amendments shall automatically be effective 30 days after they are initially posted on our site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications. This Agreement may not be otherwise amended except in a writing signed by an officer of Hostboard.

20. GENERAL
This Agreement constitutes the entire agreement between you and Hostboard with respect to the Service and supersedes all prior agreements and understandings between you and Hostboard. Hostboard's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Paragraphs 12, 13, 14, 15 and 17 of this Agreement shall survive any termination of the Agreement. You can have a copy of this Agreement emailed to you by making a request over at our Help Desk. This request should include your; user ID, actual name and address to mail the request of this agreement to.

21. OFFICIAL LANGUAGE - ENGLISH
This AGREEMENT AND THE HOSTBOARD site is developed in English and MAY BE translated into other languages. TO THE EXTENT A TRANSLATION OF THE AGREEMENT OR THE SITE IS PROVIDED, IT IS AFFORDED AS a convenience only. For all purposes, only the English VERSION OF THIS AGREEMENT, AND THE ENGLISH VERSIONS OF THE HOSTBOARD SITE SHALL BE OFFICIAL AND BINDING ON THE PARTIES. Hostboard is not responsible for the accuracy and correctness of the translation. You are solely responsible to carefully read AND UNDERSTAND the English text and YOU AGREE THAT YOU MAY NOT RELY on translations provided AS OFFICIAL DOCUMENTS OR REPRESENTATIONS.

I wish I could tell you but I have no idea. Maybe the "Professor" can answer that for you.
 

Nev_Dull

Anachronism
Joined
Apr 27, 2010
Messages
2,260
Those terms are bit messy, If you ask me. You've got a mix of terms of service and terms of use -- I'd separate them into two documents. And again, I'd lose the mumbo jumbo and use plain, simple language instead.

Oh, and having your very first term say "you accept these terms" is a bit confusing. That should come in the preamble.
 

Claverhouse

Aspirant
Joined
Aug 25, 2006
Messages
21
Dmca I added myself but the rest was from rocket lawyer. Now if Rocket Lawyer is fake that's a different story but that's where she and I purchased the terms from. You enter the state answer a few details and they set it up for you. Like I said the DMCA I added myself at the bottom since they don't add that on their terms but everything else is from them. I suggest that you tell them what you posted on here that I'm lying about where I got the terms of service and that no lawyer wrote that document. Here is my email from which I registered so you can tell them that they're sending fake statements. So you're a constitutional law professor and I'm an electrician. Is that suppose to give you the right to talk like a$$?

View attachment 55011




If, as I perhaps wrongly assume, that is your email address there, you really shouldn't broadcast it here --- or anywhere: even in an image.
 

Claverhouse

Aspirant
Joined
Aug 25, 2006
Messages
21
As far as I can recall our present --- quite stringent --- Terms were inherited through various iterations amended by me [ the original author ] to cope with changing times.

If anyone in Great Britain wants a Privacy Policy/GDPR, I was grateful for a free template, adapted to use after, from Jamie King of Carmarthenshire.


Obviously GDPR may not apply post the final leaving; although people do say our own equivalent law in this area will cover the same ground, however one of the prime ministers most trusted private advisors was considering an All-New World-Beating Internet UK Privacy Law that would be more [ big ] business friendly, and match the USA's respect for privacy and the rights of the individual.

So that's likely to happen. Stasi-Lite.
 

NYCGuy76

Fanatic
Joined
Jul 1, 2006
Messages
1,167
If, as I perhaps wrongly assume, that is your email address there, you really shouldn't broadcast it here --- or anywhere: even in an image.
That’s my crap email. I’m not worried about that one but thanks.
 
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