terms of service:
this agreement (the "agreement") governs your access and use of
xxxtremeforums facilities, bulletin boards and service (the "service").
in consideration for your right to access and use the service, you and
xxxtremeforums agree as follows:
1. acceptance of terms
you agree to be bound by the
terms of this agreement and any modifications made to it in accordance
with section 19 below. top
2. the xxxtremeforums service
you understand and agree that the service is provided "as-is" and that
xxxtremeforums 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. top
3. registration
to take advantage of the service's full capabilities users must
register with xxxtremeforums. top
4. content accessible on the service
the xxxtremeforums 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 xxxtremeforums 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
xxxtremeforums 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 xxxtremeforums 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 xxxtremeforums does not prescreen content, but agree
that xxxtremeforums 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 ,xxxtremeforums shall have the right to
access any board and remove or restrict access to any content that
violates this agreement or that xxxtremeforums believes is otherwise
objectionable. you acknowledge and agree that xxxtremeforums 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 xxxtremeforums, its users and
the public. top
5. license granted to xxxtremeforums
you grant xxxtremeforums the worldwide, 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 xxxtremeforums' sites and for the
promotion and marketing of xxxtremeforums' services. however,
xxxtremeforums will not resell, attempt to resell, or otherwise convey
these rights to any third party. top
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, 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 material 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
xxxtremeforums official, forum leader, 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, spamming other members on
xxxtremeforums is not allowed, web site, board or venture, or promote
boards on the service through unsolicited electronic mail messages to
third parties also known as spamming. if you do use the service to
commit any of the above, xxxtremeforums 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.
(h) Regarding e-spam or email advertisement; 1-word: "DON'T"!
Whether you have an XTF Members email account or even if it's your personal email
account, e advertisement/e spamming WILL NOT BE ALLOWED or TOLERATED here at
XTF and will only get your membership status revoked, your board deleted, your handle
and IP banned plus, you will have a permanent listing in our XTF Hall of Shame the
immediate sense and FOREVER! Including your forum link in private emails regarding link
trades or even if you want to let your friends know you have a new XTF Forum will be
regarded as personal or private business and none of ours. However, if you have an address
book with 20 email addresses and you want to let your web-friends, partners or whomever know
you have a new BBS Forum here at XTF, there's nothing wrong with that but before including the
URL to your board in any email "and just to be on the safe side" it may be best to
make sure you let your friends know your going to send them the URL to your forum when you are ready
to open or why not clear it with them first before sending the link to your board. What we are telling
you here is to not take any chances with advertisement or advertising of any kind and to just be careful
and to always remember even the best of friends will sometimes report you for e spamming because they just
don't like mail advertisements of any kind from anyone so be fore warned and by all means be careful! top
6.1 user requirements
first thing to remember, if you already own a BBS forum on another server there's no need wasting your
time or ours sending a request for an XTF Forum because we "DO NOT" host backup boards on this domain.
when your BBS forum request is received we will view your information and your website(s) carefully and
we feel your sites are an expression of yourself so if you are running illegal content or if you have a
spammy site, once again, don't waste your time or ours making a XTF BBS forum request. upon the creation
of your forum you will be under a 3-month evaluation period. you will be allowed 7 days from the date your
forum is created to have your html installed and your forum ready for posting. if you are not educated with
html, we will provide any/all templates for your forum per your request for free. we will also provide you
with unlimited storage space for your forum images on our servers that you will be allowed to link to for your forum
only. you must login and diligently work your forum. what this means is you are required to post
your forum and have as least a minimum of 5 new posts per day whether you make your own posts
yourself or someone else in the community, friends or moderators. either way will be acceptable.
if you need assistance or help, ask for it. you must also keep your forum clean & spam free at all
times and if and when it may be deemed or otherwise constituted as necessary, you agree to notify
one of our admin’s and let us know you will not be able to attend to the daily duties of your forum
and we will take care of your forum until you return. let there be no mistake here, here at xxxtremeforums.com,
we offer premier free BBS hosting which means, we are a high-end hosting service, there is "NO" charge for the
service we provide and "you as a member of our community" will have all the benefits & privileges we provide at
your disposal. this also inludes free image hosting, free hosting for your galleries "after your 3 month evaluation",
plus free xxxtremeforums.com email service if you so desire. "NO" other BBS or blog community can even come close to the
ammenities you will have when you join our commmunity. why does no one else offer all these free amenities? because
these kind of services are expensive and we are not in this for attention, power or traffic. xxtremeforums.com is
solely owned and operated by Chenoa LLC. we own other sites that support this domain "if needed" which means our
services are always the highest in quality which in turn provides you with the best hosting available. xxxtremeforums.com
is a productive community with every member pulling their weight or doing their share to make this community nothing
but the best. we feel by having the best webmasters online as a part of our community makes xxxtremeforums.com second
to no one and we plan on staying that way. our community is hard working, and honest. this is why we are #1.
however, the one thing we "DO NOT" offer here are BBS backup forums. For example; you own a forum or blog on another
domain, that's your business and fine with me but if you want a BBS forum here, you "WILL" be expected to run and
operate your forum here at xxxtremeforums.com as your main BBS forum. if at anytime you use your xxxtremeforum to
either promote another BBS forum or BLOG somewhere else, this will be considered a Violation of our Terms of Service
and your forum will be deleted immediately. using one BBS or BLOG to promote another will be considered "leeching"
this also violates our Acceptable Use Policy. leeching xxxtremeforums.com traffic will "NOT" be tolerated or accepted.
other hosts that are more desperate for attention with the use of "power with traffic or the number of forums" theory
but that doesn't play with me. this domain stands second to none and we bow to no one. this is why xxxtremeforums.com
has become the #1 host of BBS forums immediately after opening almost 3 years ago. we are a close and friendly community.
everyone is always willing to lend a hand but we are not mind readers here so please don’t hesitate to ask for assistance.
afterall, that’s what we are here for. top
6.2 with regards to the administration
here at xxxtremeforums.com there are no captains on this ship and we consist of four web veterans
that have been around for a while and know the ropes and how to run things. your admin’s are:
SpaM Hunter (Contact),
Rastafart (Contact),
KnobbyRobby (Contact)
An Old Fart (Contact) and your
Webmaster-Jerry (Contact).
as a given definition even the administration can and will sometimes make mistakes which
in turn another admin will pick up the slack or correct any/all mistakes or confusion that may
happen or arise with anything that governs the operation and well being of xxxtremeforums.com.
you are a part of this community and have the right to voice your constructive opinion in the
webmasters forum if you have any/all suggestions or concerns but if you directly challenge the
authority of any administrator without due cause, your account may be suspended until further notice.
in the event you are in violation of challenging the administration, a vote will be taken by the
administration and you will then be notified in a timely manner of any/all decisions regarding your conduct.
this will not be limited to something of a direct challenge that may be defined as something of a constructive nature.
in short, this is a 100% free service and we know how to run this domain so it would be well advised to never
back one of our administrators into a corner and/or bite the hand that feeds you.
top
7.
creation of boards
in using the service to create or make accessible a
board, 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. top
8. official
language - english
this agreement and the xxxtremeforums 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 xxxtremeforums site shall be official and
binding on the parties. chenoa inc. 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. top
9. limitations, conditions and rules regarding service
you must be 18
years or older to sign up. you agree that xxxtremeforums 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. set number of top level posts, as to be
set at 100 or less. you acknowledge that xxxtremeforums has the right to
change these general practices and limits at any time, in its sole
discretion, with or without notice. top
10. modification and termination of service
xxxtremeforums 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 xxxtremeforums shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the service. you agree that
xxxtremeforums, 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 xxxtremeforums 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: (1)
circumventing any xxxtremeforums banner display or adding your own
banners to the post pages.
(2) using in the registration of your xxxtremeforums membership an email
account that is not your own or that is or becomes inactive. (3)
reproducing, distributing, republishing or retransmitting material
posted by other xxxtremeforums members without the prior permission of
such members. xxxtremeforums reserves the right to take any action it
deems necessary with respect to your xxxtremeforums or user account if
we have reason to believe it may cause us to lose the services of our
isp or suppliers. (4) you also agree your xxxtremeforums.com bbs forum will
remain your sole or home base bbs forum. we here at xxxtremeforums.com
believe in productivity and not counter productivity so if you own a bbs
forum here at xxxtremeforums.com then 3 weeks later hook up another bbs
forum on or with another bbs host, this may and "usually is" grounds for
immediate suspension then termination of your XTF forum plus your ip,
handle and all websites will be banned upon termination of your XTF account
and, this ban will be on a permanent basis and you will never be allowed to
come back to XTF. We run a tight ship and we have a strict policy regarding
counter productivity and it's a proven fact owning and trying to run more than
one a bbs forum always ends up in failure. if you own a forum here then have
another forum on another bbs domain-host, this always ends up being counter
productive and never works out no matter how hard you work. not only does
this dual-bbs-forum owning-posting confuse the search engines it also kills
your sales and there's no point in owning a bbs forum here unless you plan on
pooling your traffic and plan on being a productive at least for your own sake
because we "the owners of this bbs hosting domain" make "NO" monies from
your forum or your traffic so we consider this policy something for your own
protection and for your best interest. our sole intention here is; we want you
"the forum owner/webmaster" to have good traffic and make money so we
encourage our board owners-members to pool their traffic to one forum
and "NOT" to 3 forums on 3 different bbs host-domains whether it be of
the same theme, name or anything similar or non-similar thereof. if you
want a forum here then be sure you have it in your mind not to try and
sneak around later and open another forum on another bbs host without
getting caught because when this happens, your account will usually
be terminated immediately and without notice. if you don't like it here
at xxxtremeforums.com then we hope you enjoy where your other board(s)
are hosted because that's where you will be and in the end or, you may be
out of business all together unless you pool your traffic to one collecting
place then direct things from there. counter productivity will not be tolerated
on this domain regardless of the circumstances so don't even try and pull a slick
move on this free hosting domain or the admins because in the end and when it's
all over, no one loses except you and you lose by cheating yourself.top
10a. What we ask of you as a board owner-webmaster here and in our TOS & AUP is
that you follow all our suggestions, pool your traffic, keep your board clean and
full of fresh posts and legal content then in exchange our personal guarantee to
you is; you will make money if it's money you want to make and it will be our
pleasure to show you how to get a payout check coming to your mailbox by the
end of your 1st month here at xxxtremeforums.com or, if you enjoy running a
free bbs just for fun or the hell of it, keep it clean & legal and our personal
guarantee to you is you will have a blast. we realize all this seems a bit wordy
or may be a bit much but due to several street-lawyers we have had to deal with
in the past, we have to cover all bases here or the worm will always find a way
to crawl from under his rock and eat the fish.top
10b. our philosophy here at xxxtremeforums.com is simple and if you let us show
you our way of pooling traffic to one board-holding area than forcing that same
traffic to wherever you need, you will soon prosper and grow and be successful
here with all your future endeavors whatever they may be and if failure is in
your plans, it's not going to be on this domain unless it's done by your own hand.top
11. other web sites and resources
third parties using the service may provide links or access to other
web sites and resources. because xxxtremeforums has no control over such
sites and resources, you acknowledge and agree that xxxtremeforums 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
xxxtremeforums 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. top
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. top
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. xxxtremeforums 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) xxxtremeforums 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 xxxtremeforums.
top
14. limitation of liability
you expressly understand and agree that xxxtremeforums 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
xxxtremeforums 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. top
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. top
16. indemnity
you agree to indemnify and hold xxxtremeforums, 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. top
17. notices
notices to you may be made via either email or regular mail.
xxxtremeforums 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. top
18. legal disputes
this agreement and your relationship with xxxtremeforums shall be
governed by the laws of grand cayman, cayman islands bwi without regard to its
conflict of law provisions. you and xxxtremeforums agree to submit to
the personal and exclusive jurisdiction of the courts located within
grand cayman, cayman islands bwi 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. top
19.
modification
we may amend this agreement at any time by posting the amended terms on
our site at http://www.xxxtremeforums.com/Webmaster/. 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 xxxtremeforums. this agreement was last
modified on may 10, 2004. top
20. general
this agreement constitutes the entire agreement between you and
xxxtremeforums with respect to the service and supersedes all prior
agreements and understandings between you and xxxtremeforums.
xxxtremeforums'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.
XXXTREMEFORUMS.COM ACCEPTABLE USE POLICY or "AUP"
The following is XXXTremeForums.com's Acceptable Use Policy ("AUP"). By using XXXTremeForums.com's Hosting services ("Services"), you agree to comply with this AUP. You also agree to require your end users to comply with this AUP. XXXTremeForums.com reserves the right to amend this AUP at any time, with or without notice to you. XXXTremeForums.com agrees to post any changes to this AUP on the XXXTremeForums.com Homepage ( located at: XXXTremeForums.com's Terms of Service ) and you agree to periodically review this AUP as modified from time to time. You agree to be bound to this AUP, as modified from time to time, every time you use or access the Services. You affirm that you have read this Policy and understand, agree and consent to its terms and conditions.
Pursuant to your Hosting Services Agreement, XXXTremeForums.com may, at its sole discretion, immediately terminate your access to the Services if your conduct violates (or appears to violate) the AUP. In addition, XXXTremeForums.com may, at its sole discretion, immediately terminate your access to the Services, if any of your end users violate the AUP.
Pursuant to your BBS Hosting Services Agreement, XXXTremeForums.com may, at its sole discretion, immediately terminate your access to the Services if your conduct violates (or appears to violate) the AUP. In addition, XXXTremeForums.com may, at its sole discretion, immediately terminate your access to the Services, if any of your end users violate the AUP.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services (nor will you permit an end user to use the Services) for any purpose that is unlawful or otherwise prohibited by this AUP. You may not use the Services (nor will you permit an end user to use the Services) in any manner that could damage, disable, overburden, or otherwise impair any of the Services offered by XXXTremeForums.com, or any services offered by a third party, or interfere with any other party's use and enjoyment of any of our Services. You may not (nor will you permit your end users to) attempt to gain unauthorized access to any Service, other accounts, computer systems or networks connected to our network through hacking, password mining or any other means. You may not (nor will you permit your end users to) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
USE OF SERVICES
The Services are designed to enable you and your end users to communicate with others via the Internet. You agree to use the Services (and to require your users to use the Services) only to post, send and receive messages and material that is proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when you (or your end users are) using a Service, you (and your end users) will not:
· Use the Service in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, email harvesting, spamming or any duplicative or unsolicited messages (commercial or otherwise).
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish, post, upload, distribute, traffic or disseminate any defamatory, obscene, or otherwise unlawful content, such as child pornography.
· Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
· Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do same.
· Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
· Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, spambots, auto posters, corrupted files, or any other similar software or programs that may damage the operation of another's property.
· Use of illegal meta tag searches on the website.
· Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
· Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
· Restrict or inhibit any other user from using and enjoying the Services.
· Violate any code of conduct or other guidelines, which may be applicable for any particular Service.
· Harvest or otherwise collect information about others, including e-mail addresses, except as needed to operate your site and as permitted in your site's privacy policy (if any).
· Violate any applicable laws, policies, or regulations.
· Create a false identity for the purpose of misleading others. Any fraudulent, deceptive or unfair transactions or trade practices are strictly forbidden. You agree to fully comply with the United States Federal Trade Commission ("FTC") statutes and regulations (if you do business in the United States or with United States based customers), and any related rules, policies, and advisory opinions issued by the FTC.
· Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
· You agree to indemnify and hold XXXTremeForums.com harmless from any and all liabilities, claims, damages (including attorney's fees), threatened or incurred as a result of your activities.
XXXTremeForums.com reserves the right at all times to disclose any information as XXXTremeForums.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in XXXTremeForums.com's sole discretion.
XXXTremeForums.com does not control or endorse the content, messages or information found in any Service and, therefore, XXXTremeForums.com specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Service.
MATERIALS PROVIDED TO XXXTREMEFORUMS.COM FOR POSTING
XXXTremeForums.com does not claim ownership of the materials you provide to us to post, upload, input or submit to any Service (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting XXXTremeForums.com permission to use your Submission in connection with your site, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a Service.
No compensation will be paid with respect to the use of your Submission, as provided herein. XXXTremeForums.com's.com is under no obligation to post or use any Submission you may provide and XXXTremeForums.com may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this AUP, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
RECORD KEEPING
You represent and warrant that all content appearing on your forum(s)-website(s) complies with Title 18, U.S.C. § 2257, you have taken and shall take all acts during the time in which you receive the Services to comply with Section 2257, and that all models depicted in your site(s) are over the age of eighteen (18).
TERMINATION/ACCESS RESTRICTION
XXXTremeForums.com has no obligation to monitor the Services. However, XXXTremeForums.com reserves the right to review materials posted to a Service and to remove any materials in its sole discretion. XXXTremeForums.com reserves the right, in its sole discretion, to terminate your access to any or all Services and the related services or any portion thereof at any time, with or without notice, for violating this AUP. Your rights and obligations upon termination of any Service are governed by the Hosting Terms and Conditions Agreement, which is hereby incorporated by reference. Upon termination of the Service, your right to use the Service immediately ceases. XXXTremeForums.com shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party after termination of the Services.
NO SPAM; DAMAGES
XXXTremeForums.com will immediately terminate any account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay XXXTremeForums.com liquidated damages of five-dollars ($5.00) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay XXXTremeForums.com's actual damages, to the extent such actual damages can be reasonably calculated, unless otherwise specified in this Agreement or the Site's Spam Policy.
You agree to comply with all applicable laws regarding commercial bulk e-mail, including without limitation, all applicable notice requirements and "do not contact" requests. You also agree not to use the facilities and capabilities of XXXTremeForums.com to solicit the performance of any activity that is prohibited by the CAN-SPAM Act dealing with illegal distribution of Unsolicited Commercial Bulk Email ("UCBE"), commonly known as "spam," nor shall you forge or use without authorization, any mail header information. You agree to XXXTremeForums.com's Spam Policy, which is hereby incorporated by reference. Any breach of XXXTremeForums.com's Spam Policy may result in immediate termination.
NOTICE OF CLAIMED INFRINGEMENT
XXXTremeForums.com respects the intellectual property of others, and we ask our users to do the same. We voluntarily observe and comply with the United States' Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide XXXTremeForums.com's Copyright Agent the following information:
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
· A description of the copyrighted work or other intellectual property that you claim has been infringed;
· A description of where the material that you claim is infringing is located on the Services;
· Your address, telephone number, and email address;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
You may send your Notice of Claimed Infringement to:
Chenoa LLC
S. Turner Ph.D. M.Ed
Suite 2366, 9 Tanbark Circuit
Werrington Downs NSW 2747
Australia
Phone: +61-2-9475-0699
Fax: +44-870-737-9075
SashaT@xxxtremeforums.com
Please do not send other inquires or information to our Designated Agent.
NOTICE AND TAKE DOWN PROCEDURES
XXXTremeForums.com implements the following "notice and takedown" procedure upon receipt of any notification of claimed copyright infringement. XXXTremeForums.com reserves the right at any time to suspend, disable access to, or remove any material or activity accessible on or from XXXTremeForums.com or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of XXXTremeForums.com to terminate the account of repeat copyright infringers, when appropriate, and XXXTremeForums.com will act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S.C. § 512 of the Digital Millennium Copyright Act ("DMCA"). XXXTremeForums.com's DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with this AUP and § 512 of the DMCA, but does comply with three requirements for identifying XXXTremeForums.com that are infringing according to § 512 of the DMCA, XXXTremeForums.com shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, XXXTremeForums.com will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within ten (10) to fourteen (14) days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. XXXTremeForums.com reserves the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.
XXXTremeForums ANTI SPAM POLICY
Our Website, WWW.XXXTREMEFORUMS.COM, adopts the following Spam Policy, governing the transmission of unsolicited email by the Site, or on the Site’s behalf:
I. Introduction
This Spam Policy was adopted pursuant, and is intended to be compliant with, the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003,” or the “CAN-SPAM Act of 2003,” (hereinafter “the Act” or “the CAN-SPAM Act”). Any and all prior statements of policy relating to unsolicited email made by the Site in writing or otherwise, are hereby rescinded and replaced by this Policy. The Site respects the right of consumers to control the flow of unsolicited email into their computer inboxes. We therefore strictly enforce a “No Illegal Spam” Policy. Any affiliate, promoter, employee, contractor or agent of this Site caught violating this Policy will be immediately terminated, forfeit all unpaid commissions, and may be reported to law enforcement authorities. Our strong preference is to avoid any promotion that relies upon unsolicited email in any form. All promotions should instead utilize verifiable, opt-in recipients and address lists. However, all email promotions are required to comply with the specifics set forth herein.
II. Effective Date
The Site will be strictly enforcing this new Spam Policy effective Midnight, E.S.T., April 28, 2004 and/or at such time as XXXTremeForums is Officially Published, Copyrighted and open for business.
III. Types of Commercial Messages Covered by This Policy
Any form of bulk electronic message transmission, whether through email or other technological means, are considered Spam, and therefore covered by this Policy. This includes newsgroup postings, chat room messages and other similar message delivery systems.
IV. Unsolicited Email Policy
The following requirements apply to the transmission of unsolicited email promoting, mentioning, or relating to this Site:
· The header must contain no false or misleading transmission information, and must not contain any IP Address, domain name or email address that was obtained by means of false or fraudulent pretenses or representations.
· The header information must clearly state if another computer is used to relay or retransmit the message, thus disguising its origin
· The message must not contain deceptive subject lines that mislead the recipient about any material fact regarding the contents or subject matter of the message.
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