Terms of Service

This is a standard contract used by a number of Service Providers and not negotiable.

WHEREAS, phpBB4you.com is an information provider connected to the Internet. phpBB4you.com offers storage and transfer services over the Internet through access to its Web Server;

WHEREAS, Customer seeks to utilize phpBB4you.com's server for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, phpBB4you.com can make no guarantee that any given reader shall be able to access phpBB4you.com 's server at any given time. phpBB4you.com represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

WHEREAS, the party has authority to enter into this agreement on behalf of the Company, if applicable;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

Material and Products:

1. phpBB4you.com will exercise no control whatsoever over the content of the information passing through the network. phpBB4you.com makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. phpBB4you.com also disclaims any warranty of merchant- ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of phpBB4you.com is at the Customer's own risk, and phpBB4you.com specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. phpBB4you.com expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. phpBB4you.com specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", phpBB4you.com may, at its option and at any time, reject this material, including but not limited to after it has been put on phpBB4you.com Server. phpBB4you.com agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of phpBB4you.com. If the Customer fails to modify the material, as directed by phpBB4you.com , within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.

Trademarks & Copyrights:

1. Customer warrants that it has the right to use the applicable trademarks, if any.

Hardware, Equipment & Software:

1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access phpBB4you.com . phpBB4you.com makes no representations, warranties or assurances that the Customer's equipment will be compatible with the phpBB4you.com service.

Age:

1. The Customer certifies that he or she is at least 13 years of age.

Internet Etiquette:

Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of phpBB4you.com may not be used to impersonate another person or misrepresent authorization to act on behalf of others or phpBB4you.com . All messages transmitted via phpBB4you.com should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

Limited Liability:

1. Customer expressly agrees that use of phpBB4you.com 's Server is at Customer's sole risk. Neither phpBB4you.com , its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that phpBB4you.com 's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the phpBB4you.com Server service, unless otherwise expressly stated in this Agreement.

2. Under no circumstances, including negligence, shall phpBB4you.com , its offices, agents or any one else involved in creating, producing or distributing phpBB4you.com 's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the phpBB4you.com Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to phpBB4you.com 's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on phpBB4you.com 's Server service.

3. Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise.

Lawful Purpose:

Customer may only use phpBB4you.com's Server for lawful purpose. Trans- mission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold phpBB4you.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against phpBB4you.com, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless phpBB4you.com against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with phpBB4you.com 's Server; (ii) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Customer sold on phpBB4you.com Server.

Contract Revisions:

Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of phpBB4you.com Services as specified in Section I. Financial Arrangements.

Transfer:

Customer may not transfer this agreement without the written consent of phpBB4you.com.

Content:

All services provided by phpBB4you.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless phpBB4you.com from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all phpBB4you.com servers. This includes sites that may infer sexual content, or links to graphic adult content elsewhere. phpBB4you.com will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to phpBB4you.com servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated software
Hacker programs or archives
Warez sites

phpBB4you.com will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising - Email:

phpBB4you.com , or the sending of unsolicited email, from an phpBB4you.com server or using an email address or domain that is maintained on an phpBB4you.com machine as reference is STRICTLY prohibited. phpBB4you.com will be the sole arbiter as to what constitutes a violation of this provision.

Server Abuse:

Any attempt to undermine or cause harm to a server, or customer, of phpBB4you.com is strictly prohibited.

Refusal of Service:

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

All Sub-Networks of phpBB4you.com must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties.

This Agreement shall be governed and construed in accordance with the laws of the United States of America.