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