Terms of Service Agreement / Acceptable Use Policy
This is a contract between you and Boardoo.com, a web site owned and operated by Retail Media Concepts LLC, referred to herin as "Boardoo", and/or "the service". This contract outlines your responsibilities, limits our liabilities, and provides no warranties expressed or implied as to the usability, reliability, or accessibility of the service.
- ACCOUNT SETUP
Free Forum, Blog, and Photo Gallery hosting accounts are generally setup instantly at the time of order; free Web Hosting accounts are subject to staff approval which in some cases may take 12-24 hours. Paid services will not be setup until after we have received payment and we and/or our payment partner(s) have performed a fraud screening process. It is your responsibility to provide us with an email address which does not belong to any domain(s) you are signing up under. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account without notice.
- ACCEPTABLE USE AND CONTENT
All services provided by Boardoo must be used for lawful purposes only. Inappropriate content includes but is not limited to any material that may infringe on patents, trademarks, copyrights, and any material we judge to be threatening or obscene. Some example of material not permitted include:
- Racially offensive/Hate sites
- Software piracy, warez
- Hacking, denial of service
- Spam sites, Mailbombers, e-mail harvesting
- Banking, Ebay/Paypal, CC, Password Collecting Scam sites
- IRC Bots
- Roms / Emulators
- Link farms
Boardoo and its' assigns shall be the sole arbiter in determining what does and does not meet the acceptable content. Boardoo will in most cases provide advanced notification of service termination, however serious violations may result in account removal without notice at the discretion of Boardoo staff. The customer agrees to indemnify and hold harmless Boardoo.com and Retail Media Concepts LLC from any claims resulting from the use of our services.
Abusive or threatening behavior of any type towards Boardoo staff and customers will not be tolerated. All illegal content will be removed from our servers without notice and illegal acts will be reported and prosecuted as appropriate. Under no circumstances shall Boardoo be held liable for any content contained within any hosted service.
- YOUR RESPONSIBILITIES
You are responsible for making sure that we have your current and correct contact contact information on file, by logging into the Customer Support Center and updating your records as needed. As a member of Boardoo you are required to always maintain a valid e-mail address with which we can contact you regarding your service. We do not send out unsolicited e-mail or postal mail, nor do we sell our contact information to outside companies. We reserve the right to send announcements and invoices relating your e-mail hosting account to either your postal address on file and/or your Boardoo account.
- UNSOLICITED E-MAIL (SPAM) POLICY
Boardoo has a zero tolerance stance against sending of unsolicited e-mail, also known as spam. Users caught sending unsolicited email (as defined by Boardoo) through our email facility shall be terminated immediately, and without notice. Accounts terminated for sending spam snall not qualify for any refund of paid services and may be subject to a penalty of $40 per complaint filed. Accounts terminated for sending unsolicited email give up all rights to any content, files, backups, and technical support associated with the account in question hosted on any and all Boardoo servers and network.
Boardoo reserves the right to investigate accounts accused of sending unsolicited emails, in any way deemed necessary including suspending the account in question during the pending investigation. We reserve the right to cancel any account suspended of sending spam with or without notice. We will make available, upon request, the source of the complaint(s). We will NOT make available the actual complaint if it means giving out individual contact information of the party filing said complaint. Unsolicited is defined by Boardoo but not limited in definition to, E-mail sent to recipients who have not asked to be contacted by you, for the sole purpose of promoting a website, commercial or non-profit activity using your e-mail account, or other content stored on our servers.
Boardoo reserves the right to require changes, or disable as necessary, any web site, service, account, database, or other component that in not in compliance with this policy, at its sole discretion. Boardoo also reserves the right to make any such modifications of customers content, scripts, or account in an emergency at our sole discretion.
- PAYMENT INFORMATION
You agree to supply the appropriate payment for the Boardoo paid services, upgrades, and/or products you received from Boardoo, in advance of the time period (billing cycle) during which services are provided. You agree that until and unless you notify Boardoo of your intention to cancel any service(s)s received, those services will be billed on a recurring basis. Boardoo reserves the right to change the monthly payment amount and/or terms, and any other charges at anytime.
- ACCOUNT CANCELLATION / TERMINATION / REFUNDS
Boardoo reserves the right to cancel any account at any time and for any reason. Customers may also cancel at any time. Boardoo offers an unconditional 30 day money back guarantee on all hosting services and/or upgrades for first-time customers. Specific products and/or services may override this policy as needed; please check any product licensing agreements for specific details. Refund requests made after 30 days will not be refunded. Domain registrations and software purchases are not refundedable. Accounts cancelled/terminated by Boardoo (accounts suspended for TOS violations, in which the customer decides not to fix the violation) do not qualify for any money back guarantee. For security reasons account cancellation requests must be submitted through the Customer Support Center only, no e-mail, phone, and/or fax cancellation requests will be accepted. Paid services must be cancelled at least 5 business days before the start of the next billing to avoid additional charges.
Violation of our anti-spam policy and/or posting of illegal content on your hosting account will be grounds for immediate account termination. Links, Images, Attached Files, and any other content deemed offensive, illegal, pornographic or racially degrading, by Boardoo will be removed from our servers without notice. All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of your account, on our servers will be grounds for termination.
- DATA PROTECTION
While we strive to make every effort to protect your data, this contract in no way obligates us to create, store, or provide a backup of any hosted account. Your use of any Boardoo service is at your sole risk. Boardoo is not responsible for any files and/or data residing on any of your accounts. You agree that it shall be your full responsibility for maintaining appropriate backups for all files and/or data transferred to and/or stored on Boardoo servers.
- ADVERTISING (FREE SERVICES ONLY)
All free hosting accounts at Boardoo are advertising supported. We reserve the right to place advertising in any area of the hosted service as well as each e-mail generated by our services. We also reserve the right to place advertising in any area of our site, including but not limited to the home page and members area. Advertising may only be removed by upgrading to a similar ad-free service when available. Any attempt to circumvent our advertising in any way will result in an immediate account suspension. Sites employing redirects, hidden pages, passwords, or any other methods to circumvent our advertising placement shall be deemed in violation of this agreement and be subject to immediate termination.
- SERVICE AVAILABILITY (PAID SERVICES ONLY)
The following guarantee only applies to paid hosting accounts. If at any time during a billing period your account has physical downtime, defined as downtime not caused by a violation of this agreement, that is not within our 99.7% uptime guarantee you may receive at your request a credit to your account based on your current rate plan for the amount of time the service was unavailable. Approval of such credit must be requested in writing to our billing department and is at given at the sole discretion of Boardoo. Boardoo shall make the sole determination of system uptime. Third party monitoring service reports will not be used for justification due to a external circumstances beyond our control including but not limited to the monitoring service network capacity/ availability, and network routing beyond our control. The uptime of the server is defined as the reported uptime from the operating system of the server shall be used in all cases. Uptime guarantee only applies to paid hosting accounts. Domain names and other products and/or services are not covered by this guarantee.
- RESOURCE UTILIZATION / FAIR USE POLICY
Boardoo places limits on the amount of certain resources such as disk space, bandwidth transfer, and email/FTP accounts available to each account. To maintain our high quality of service for all customers, we place some limitations on the resources available to our hosted services.
You acknowledge that these resource allocations are optimized towards serving documents and self-need email/FTP services and are not to be used as an offsite storage area for electronic files, a provisioning service for third party email, FTP, or other web services. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website, blog, Photo Gallery, and/or forum index.
You also acknowledge that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. By accepting service provided by Boardoo you acknowledge and understand that server technology limits the amount of available resources for use, including but not limited to disk storage space, CPU processing power, memory, and network access speed. Boardoo makes use of all available measures to utilize the latest, and most economically feasible mass server market technology available to provide our services. It is furthermore acknowledged and understood that all provided services are of a shared-server nature, and other users are sharing the provided space. Accounts may be placed on a server containing several hundred other users. Boardoo, along with thousands of other hosting service providers use this business model in order to offer web hosting services while maintaining affordable rates.
Some examples of resource availability limits include:
- The use of 20% or more of system resources for longer than 120 seconds. Resources include activities that could cause such problems such as CGI scripts, PHP Scripts, FTP, PHP, HTTP, etc.
- Any stand-alone, unattended server-side processes including but not limited to any and all daemons (i.e IRC'd, chat servers)
- Any type of spider, indexer, or crawler (i.e. Mnogosearch, Google Cash, AdSpy).
- Any software and/or scripts that interface with any IRC network.
- Any bit torrent application, tracker, or client. For legal content you may link to torrents located outside of your account, but may not host and/or store them.
- Participate in any file-sharing, peer-to-peer, or other related activities.
- Any gaming servers (i.e. counter-strike, half-life, battlefield1942).
- Cron jobs with intervals of less than 15 minutes, cron jobs running for more than 5 minutes, and more than 20 total cron entries per account, per day
- PHP scripts that use the include() function to load PHP scripts by URL (i.e. include("http://yourdomain.com/include.php") instead of include("include.php")).
- ABANDONED ACCOUNTS (FREE SERVICES ONLY)
While we hope that you will find your Boardoo service(s) to be useful and that you will use it daily, we recognize that our service(s) are not for everyone. To preserve resources for active users we may at our sole discretion remove any account inactive for a period of 60 days or more. An inactive account and/or service is defined as not having been logged into by the account holder or for which the contact information for the account holder is not valid. An abandoned account is defined as one that meets any of the following criteria; no publicly accessible home page (index), home page redirects to a non-Boardoo site or service, home page with language stating that the site has moved, home page that returns any type of HTTP error code other than 200, and/or a home page that is password protected or requires a login to view any meaningful content.
- ACCOUNT / SCRIPT SECURITY REQUIREMENTS (WEB HOSTING ONLY)
It is your responsibility to ensure that any and all scripts and/or software installed under your account are secure and do not pose any danger to us and our other customers. You must ensure that directory permissions are set correctly to ensure maximum security regardless of the method used to install such software. We recommend that when possible to set permissions on most files and/or directories to 755 or more restrictive if possible. You are ultimately responsible for any and all actions taken under your account. This includes the requirement to secure all content, and the compromise of your credentials such as your username and password. For this reason it is strongly suggested that you use a secure password. If during a security audit we find that you are using a weak password, your account may be suspended until you agree to furnish us with a more secure password.
- NO WARRANTY
This service is provided "as-is", with any and all faults, and as availability permits. We do not guarantee the accuracy or timeliness of information available from the service. Boardoo gives no written or expressed warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
- RIGHT OF REFUSAL / RIGHT OF REMOVAL
We reserve the right to refuse service to anyone, at any time, for any reason. Any material that we in our sole judgment determine to be obscene, threatening, and/or illegal will be removed from our servers with or without notice depending on the severity of the violation. Failure to respond to an abuse notification email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues relating to your account must be resolved to our satisfaction within 48 hours from the initial notification.
This Terms of Service/Acceptable Use Policy may be amended, at any time, at the discretion of Boardoo without notice. All accounts are required to comply with any changes made to these policies. Notification of any major changes to the policies will be posted in the announcements section of the Customer Support Center, but remain your responsibility to keep up to date.
Customer agrees that it shall hold harmless, save, defend, and indemnify Boardoo from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against WebsiteBooth, its agents, assigns, customers, officers, and employees, that may arise from, or result from any service provided, performed, agreed to be performed, or any product sold by customer, its agents, assigns, or employees. Customer agrees to hold harmless, save, defend, and indemnify Boardoo against liabilities arising out of; any injury to person or property caused by any products sold, otherwise distributed in connection with Boardoo; any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement, and any defective products sold to customers from Boardoo's server(s).
Boardoo shall not be responsible for any damages of any kind that your business may suffer as a result of using any services provided. Boardoo makes no warranties of any kind, expressed or implied for any of the services we provide. Boardoo disclaims any warranty and/or merchantability or fitness for a particular purpose. This includes but is not limited to loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Boardoo, its employees and assigns.
Boardoo may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. Boardoo is a law-abiding company; we will cooperate fully with law enforcement agencies upon request.