"Jcink Forum Hosting" Premium Terms of Service
Jcink Forum Hosting (collectively, "Jcink.com", "Jcink", "we","Service") is a hosting provider for user generated Content. Jcink Forum Hosting shall provide its Services to the board owner ("Customer") and your Users (registered or unregistered who access the service) under the terms and conditions of this agreement. All information transmitted to and from the service, including graphics, text, data, software, sound, music, photographs, video, messages, or any other materials whatsoever are known as ("Content"). References to "you" or "your" refer to any individual who accepts the Terms of Service.
You understand that these terms are binding and will be enforced as we see fit. By creating a forum or accessing any page hosted by Jcink Forum Hosting, you agree to be bound by these Terms of Service at all times. Any forum breaking the rules stated in these Terms of Service will be suspended or terminated without notice. Our failure to enforce the terms in part or in whole will not be seen as a waiver.
II. Content Restrictions
Users agree to assume full responsibility for all posts and Content associated with the forum and acknowledge that they may be held legally for the Contents of the forum. Customer is responsible for ensuring that all Content that exists on their forum posted by users and themselves doesn't violate the Terms of Service and the law. The following Content is not allowed to be uploaded, emailed, posted, or linked to:
a. Content that violates the laws of New Jersey, United States of America or Los Angeles, United States of America.
b. Content that you are explicitly prohibited from distributing by contract.
c. Content that is tortious as per the laws of the United States of America.
d. Content that infringes upon intellectual property rights of others.
e. Content you do not have the legal right to distribute.
f. Content that could cause harm to the Service or its users, including, but not limited to viruses, phishing, and other malware.
g. Content that violates child pornography or child exploitation laws in the United States.
III. Prohibited Behavior
a. No spamming the signup. You can create as many forums as you want, but do not create forums for the purpose of spamming the signup and/or getting more disk space. You may only create three boards per day per IP address.
b. Attachment/File space is limited to the current allowed amount as displayed by the system and no more. This includes but is not limited to binary files such as avatars, and attached images in posts. Forum posts and members are not limited. Attempts to circumvent this are prohibited.
c. You may not remove or interfere with any "Terms of Service" agreements or copyright notices placed by Jcink Forum Hosting anywhere within the software.
d. Underage use is not permitted. You must be at least thirteen (13) years of age to create, or operate any forum. Any users under thirteen (13) will be deleted without notice.
e. You may not spam user's email addresses with the Bulk Email system. Abuse of the bulk email system will result in suspension.
f. You may not permit minors, or users defined as being under age eighteen (18) to access adult or mature content.
IV. System Resources
Customer acknowledges that the Services is provided on a shared server and agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the Jcink Forum Hosting server, including without limitation, use of highly active scripts.
V. Rights to Posted Content
Reproduction, modification, and other intellectual property rights to Content stored on the Jcink Forum Hosting will be subject to licensing arrangements that may be approved by Jcink Forum Hosting as applicable to such Content. With respect to any Content entered into and stored by Jcink Forum Hosting, the submitting user retains ownership of such Content. The submitting user grants Jcink Forum Hosting the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.
VI. Changes to the agreement
This agreement may be changed at any time by Jcink Forum Hosting without notice to the Customer. Any changes made to this agreement, the Customer is automatically bound to the changes by continued use of Jcink Forum Hosting.
VII. Limited Liability
Under no circumstances whatsoever shall Jcink Forum Hosting be liable for any loss of data, lost profits or any damages including, without limitation, any indirect, special, incidental, consequential or other damages that result from the use of, or inability to use, the materials in this site, even if Jcink Forum Hosting or a Jcink Forum Hosting authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Notwithstanding the foregoing, in no event shall Jcink Forum Hosting's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site or any of its products or services. By using this site you agree to hold Jcink Forum Hosting harmless in all capacities to the fullest extent allowable by law.
VIII. Jcink Forum Hosting's rights
Jcink Forum Hosting's rights include but are not limited to the below paragraphs. Jcink Forum Hosting may elect to monitor any areas of the site or any of its services and may disclose any Content, records, or electronic communication of any kind to satisfy any law, regulation, or government request or if such disclosure is necessary or appropriate to operate Jcink Forum Hosting or to protect the rights or property of Jcink Forum Hosting, its visitors, sponsors, providers, licensees, or merchants.
Jcink Forum Hosting is not responsible in any way whatsoever for screening, policing, editing, or monitoring Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, Jcink Forum Hosting may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from Jcink Forum Hosting.
Jcink Forum Hosting reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, Jcink Forum Hosting, or any rights of Jcink Forum Hosting or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Jcink Forum Hosting nor its providers, merchants, sponsors, or licensees can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither Jcink Forum Hosting, nor its affiliates, nor any of its officers, directors, employees, or agents, nor provider, merchant, sponsor, or licensee shall assume liability for any action or inaction with respect to conduct communication, or content on Jcink Forum Hosting.
Jcink Forum Hosting may be terminated at any time.
Jcink Forum Hosting, may at its sole discretion, terminate any Customer and their site for any reason or no reason.
Jcink Forum Hosting is not required to tell any Customer why their account was terminated.
Jcink Forum Hosting has the right to remove, modify, delete, or destroy the service at any time without notice.
Jcink Forum Hosting is provided on an "as is, as available" basis. The service gives no warranty, expressed or implied, for the services provided. We are not responsible for any loss of data. The Service is to be used at your own risk and any damages from the use of content are your own responsibility.
X. Legal Disputes
These Terms of Service will be applied based on the laws of The United States of America. You agree that these Terms of Service are under the jurisdiction of the State of New Jersey. You agree any lawsuits must be filed in the State of New Jersey. You agree to indemnify and hold Jcink Forum Hosting and its employees, partners, volunteers, subsidiaries, affiliates and any other associates harmless from any demand or damages made to anyone due to your use or the Content you or your users post to the Service, or your violation of the Terms of Service or any law. Legal disputes related to use of the Jcink Forum Hosting or the Terms of Service must be filed within one (1) year after the issue arose or be forever barred.