| PETITIONHOST PETITION USAGE TERMS |
| Last Revised October 31, 2007 |
PetitionHost is a free service of Boardhost.com, Inc. This agreement governs your access to Boardhost.com, Inc.’s ("Boardhost" or "we") PetitionHost service's facilities, petitions, message boards and services (collectively the "Service"), unless you are or become subject to the PetitionHost Terms of Service for Petition Accounts. In consideration for your right to use the Service, you agree as follows:
SERVICE PROVIDED
Boardhost.com, Inc. ("Boardhost") provides access to online petitions and/or message boards, created and maintained by its customers, to users who are at least eighteen (18) years old and to minors over the age of thirteen (13) who have parental permission. Service is provided "as is." There may be, among other things, unexpected downtimes, loss of data, or interruptions of service. BOARDHOST SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH INTERRUPTIONS OR DATA LOSSES, OR OTHERWISE AS A RESULT OF YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS.
Boardhost is not obligated to monitor the Service, but may do so and may remove or edit any message or signature or adjust your access to the Service. Messages or content that Boardhost may, in its sole discretion, elect to remove or edit include without limitation those which violate the "Restrictions" enumerated herein.
CONTENT
Boardhost ordinarily does not review petitions and/or content before it is posted to its service. Opinions expressed on or through a petition and/or message board are those of the message and/or petition author and not of Boardhost. Likewise, Boardhost makes no representations or warranties concerning the truth or falsity of any assertion of fact made by message authors (other than Boardhost) on a petition and/or message board.
BOARDHOST SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF ANY MESSAGES POSTED BY THIRD PARTIES OR YOU TO ANY PETITION OR MESSAGE BOARD.
RESTRICTIONS
You must be at least thirteen (13) years of age to post a signature to any petition and/or message to any message board. The following content is not permitted to appear on any petition or message board:
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. BOARDHOST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOARDHOST (INCLUDING ITS CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND AFFILIATES) OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE USAGE TERMS.
SOME JURISDICTIONS DO NOT PERMIT DISCLAIMERS OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
WAIVER OF DAMAGES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
NOTWITHSTANDING ANYTHING ELSE IN THESE USAGE TERMS OR OTHERWISE, BOARDHOST SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, PROCUREMENT OF SUBSTITUTE GOODS, GOODWILL, DATA OR OTHER LOSESS (EVEN IF BOARDHOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify and hold harmless Boardhost and its contractors, agents, employees, officers, directors, shareholders and affiliates from any losses, damages, or costs, including reasonable attorney's fees, resulting from any claim or demand arising out of or related to your (including your contractors’, agents’, employees’, officers’, directors’, shareholders’, and affiliates’) use of the Service, including without limitation claims arising out of or related to your violation of these terms or service, your violation of the rights of another person, or the content of any message or messages posted to a petition or a petition's message board.
TERMINATION
Boardhost reserves the right to terminate or take steps to terminate your access to the Service, in whole or in part, without warning, for any reason at its sole discretion. Acts or failures to act for which Boardhost may terminate or take steps to terminate your access to the Service include without limitation the infringement of the intellectual property or other rights of third-parties or Boardhost.
MODIFICATION
Boardhost reserves the right to modify these usage terms at any time. Modifications will be posted to this website. You agree to review these usage terms for modifications regularly, and, at a minimum, to review these usage terms at least once every 15 days. You accept new usage terms if you use the Service at any time after twenty-five (25) days of any such modifications.
NOTIFICATION OF CLAIMED INFRINGEMENT
If you believe that content posted to a petition account is violating your rights under U.S. copyright law, you may, pursuant to the Digital Millennium Copyright Act (DMCA) file a complaint of such claimed infringement with Boardhost’s designated agent in the manner described at http://petitionhost.com/dmca.html
NO UNSOLICITED EMAIL
Individuals or organizations that promote or use spamming (unsolicited bulk e-mail) or methods thereof are not allowed to access or use PetitionHost petitions. Any form of unsolicited e-mail or newsgroup posting that includes a link to or references a petition and/or message board is prohibited.
GENERAL TERMS
Any information that is disclosed on a petition or petition's message board becomes public information. You should exercise caution when deciding to disclose your personal information. To control abuse, your IP address may appear in any signatures or postings you make. Such information will also be made available to the owner of a petition.
Under no circumstances may you disclose personally identifying information about or related to a person under the age of thirteen (13).
You agree that Boardhost may preserve content (including identifying information) and may release any or all preserved content to governmental agencies, courts, or other third-parties if we believe, in our sole discretion, that you have or may have committed illegal activities, violated these usage terms, violated the rights of third-parties, impaired in any respect the ability of Boardhost to operate the Service properly, or endangered in any respect Boardhost or third-parties, or in the event that the information is subpoenaed or subject to other judicial or administrative process.
Boardhost does not claim ownership of content you or third-parties post to a petition or message board. With respect to content that you post or make available through a petition or message board, however, without limiting any other rights these usage terms afford to Boardhost, you grant Boardhost a world-wide, perpetual, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content for the purpose of providing and promoting the Service.
You may not, in connection with your use of the Service, impersonate any individual or misrepresent your affiliation with any individual or group.
Should Boardhost decide, in its sole discretion, that it needs to discover your identity to enforce this agreement against you, you waive any right you might otherwise have had to prevent Boardhost from learning your identity from your internet service provider.
Boardhost shall have the sole discretion as to what constitutes a violation of any of these usage terms.
This agreement creates no third-party beneficiaries.
CHOICE OF LAW AND FORUM
These Boardhost usage terms shall be governed by the laws of the State of Iowa, USA, exclusive of choice-of-law principles. You hereby consent to the exclusive jurisdiction of the courts of the State of Iowa, USA in any and all disputes arising out of, or related to, your use of Boardhost's services.
SEVERABILITY
If any provision of these usage terms is found unenforceable, Boardhost reserves the right to modify the provision to comply with the law. All remaining provisions shall remain valid and enforceable.
ENTIRE AGREEMENT
These usage terms contain the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. These usage terms supersede any prior written or oral agreements between the parties.
NO WAIVER
Boardhost’s failure at any time to enforce any provision of these usage terms shall not constitute a waiver or limitation of Boardhost’s right subsequently to enforce every provision of the usage terms.
VIEWING, SIGNING OR POSTING MESSAGES TO A PETITIONHOST PETITION CONSTITUTES YOUR ACCEPTANCE OF THESE USAGE TERMS.