# 1. ACCEPTANCE OF TERMS
Welcome to TheBX.net. TheBX.net provides its service to you, subject to the following Terms of Service which may be updated at any time without notice to you. When using particular services provided by this website you and TheBX.net shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms Of Service. TheBX.net may also offer other services that are governed by different Terms of Service. By accessing TheBX.net (hereinafter we, us, our), you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use TheBX.net. We may change these at any time and we'll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of TheBX.net after changes mean you agree to be legally bound by these terms as they are updated and/or amended.
# 2. DESCRIPTION OF SERVICE
TheBX.net currently provides users with access to a substantial collection of resources, including, various communications tools, shopping services, Forums, personalized content and branded programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for TheBX.net to provide the Service. You also understand and agree that the service may include certain communications from TheBX.net, such as service announcements, administrative messages, private messages, etc. and a TheBX.net Newsletter, and that these communications are considered part of TheBX.net. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new TheBX.net properties, shall be subject to the Terms of Service. You understand and agree that the Service is provided "AS-IS" and that TheBX.net assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that TheBX.net has created certain areas on the Service that may contain adult or mature content. You must be at least 18 years of age to view such areas.
# 3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TheBX.net has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TheBX.net has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You agree that you cannot create more than one account on TheBX.net. If you create more than one account on TheBX.net, TheBX.net has the right to suspend or terminate one, any, and/or all of your created accounts and to refuse any and all current or future use of the Service (or any portion thereof).
# 4. VISITOR/MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not TheBX.net, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.
The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites (go to the Account Settings page to control who sees your Content). You should only provide Content that you are comfortable sharing with others under these Terms.
TheBX.net does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TheBX.net be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way;
impersonate any person or entity, including, but not limited to, a TheBX.net official, Forum leader, Moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our complete Spam Policy);
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"stalk" or otherwise harass another; or
collect or store personal data about other users.
You acknowledge that TheBX.net may not pre-screen Content, but that TheBX.net and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, TheBX.net and its designees shall have the right to remove any Content that violates the Terms Of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TheBX.net or submitted to TheBX.net, including without limitation information in TheBX.net Message Boards (Forums), and in all other parts of the Service.
You acknowledge, consent and agree that TheBX.net may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms Of Service; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of TheBX.net, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by TheBX.net and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
# 5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
# 6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
TheBX.net does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant TheBX.net the following world-wide, royalty free and non-exclusive license(s).
Your name, user name, and your photo, if you decide to upload one, are displayed to the members and visitors of TheBX.net. Once a member, you may provide additional information in the profile section, including but not limited to your bio, your location, as well as your personal web site, if you have one. Providing additional information beyond what is required at registration is entirely optional, but enables you to better identify yourself and find new friends and opportunities on TheBX.net.
With respect to text, photos graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than TheBX.net, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or TheBX.net removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than TheBX.net, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the TheBX.net network of properties that are intended by TheBX.net to be available to the general public. By way of example, publicly accessible areas of the Service would include TheBX.net Message Boards and portions of TheBX.net that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of TheBX.net that are limited to members, TheBX.net services intended for private communication such as TheBX.net Mail or TheBX.net PM's, or areas off of the TheBX.net network of properties such as portions of World Wide Web sites that are accessible through via hypertext or other links but are not hosted or served by TheBX.net.
# 7. INDEMNITY
You agree to indemnify and hold TheBX.net, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms Of Service, or your violation of any rights of another.
# 8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your TheBX.net I.D.), use of the Service, or access to the Service.
# 9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TheBX.net may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on TheBX.net's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that TheBX.net has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that TheBX.net reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TheBX.net reserves the right to modify these general practices and limits from time to time.
# 10. MODIFICATIONS TO SERVICE
TheBX.net reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TheBX.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
# 11. TERMINATION
You agree that TheBX.net may, under certain circumstances and without prior notice, immediately terminate your TheBX.net account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms Of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your TheBX.net account includes (a) removal of access to all offerings within the Service, including but not limited to TheBX.net Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Forum, Greetings, Alerts and Games, web pages, Classifieds, Photos, Music (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in TheBX.net's sole discretion and that TheBX.net shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
# 12. DEALINGS WITH ADVERTISERS
In consideration for TheBX.net granting you access to and use of the Services, you agree that TheBX.net and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TheBX.net shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
# 13. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TheBX.net has no control over such sites and resources, you acknowledge and agree that TheBX.net is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TheBX.net shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
# 14. TheBX.net's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TheBX.net or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
TheBX.net grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by TheBX.net for use in accessing the Service.
# 15. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
Your use of the service is at your sole risk. the service is provided on an "as is" and "as available" basis. TheBX.net expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
TheBX.net makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from TheBX.net or through or from the service shall create any warranty not expressly stated in the terms of service.
A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service -- dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
# 16. LIMITATION OF LIABILITY
You expressly understand and agree that TheBX.net shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TheBX.net has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
# 17. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
# 18. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
In reference to news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please note the Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. TheBX.net and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
# 19. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms Of Service, there shall be no third party beneficiaries to this Agreement.
# 20. FREE WEB PAGES/PROFILE PAGES/JOUNRALS/PHOTOS/CLASSIFIED ADS/MUSIC/VIDEOS/ETC
We reserve the right to edit, add and/or remove any web page, profile page, journal, and/or files that we provide to businesses, non-profit organizations, churches, groups, organizations and/or individuals. The web pages (and/or our websites) that we allow the said parties (businesses, non-profit organizations, churches, groups, organizations and/or individuals) to place their information (text, images, maps, files, etc.) to use to promote their information, products, services, etc. does not belong to the party. All items/files provided by the party will not be returned. We reserve the right to edit, add, and/or remove any web page, graphics, files, data, etc. without prior notice to the individual. In addition, we reserve the right to discontinue providing the service for free at any time. Any/all domains we register will remain the property of TheBX.net.
The Web Pages/My Page/My Web/My Classified Ads/My Music/My Videos/Music Online/Etc cannot be used for any unlawful act, to promote racism, adult (x-rated material) and/or to cause harm to other individuals or organizations as stated by law and/or listed in these Terms of Service. By posting (and/or providing us with the information to post on the web pages), the user attest that the information belongs to the said individual, group, organization, etc. Breaking these rules will result in the termination of the service that we provide.
# 21. CLASSIFIED ADS
We reserve the right to reject edit, add and/or remove any Classified Ads from the Classifieds sections of our websites. We reserve the right to edit, add, and/or remove any Classified Ad without prior notice to the individual. In addition, we reserve the right to discontinue providing the service for free at any time. By placing a Classified Ad on one of our neighborhood websites and/or submitting an Ad to be placed, the submitting party attest that the Ad is for legal means and/or is legal under the law. The submitting party also attest that if an item is being sold, traded, etc, that the said item legally belongs to the said party and the said party is 18 years of age or older.
# 22. POSTING TO: FORUM/BULLETIN BOARD/MESSAGE BOARD/JOURNALS/GALLERY ETC
You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where TheBX.net is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that TheBX.net have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, TheBX.net shall not be held responsible for any hacking attempt that may lead to the data being compromised.
1. Posts are to be made in the relevant Forum and/or section of the website. Users are asked to read the Forum descriptions before posting. Users consistently posting to the wrong Forum may be given a warning.
2. Members should post in a way that is respectful of other users. Flaming or abusing users in any way will not be tole
rated and will lead to a warning and/or being banned from the website 3. Members should remember this website is aimed at a general audience. Posting pornographic or generally offensive text, images, links, etc. will not be tolerated and will lead to a warning and/or being banned.
4. Members are asked to respect the copyright of other users, sites, media, etc. Users linking to or asking for information on warez, crackz, etc. or re-printing material without permission will receive a warning and their post will be removed. The said member also risk being banned from the website.
5. Members are asked only to post in English to ensure adequate support/moderation is provided.
6. Members should post in a way which is consistent with "normal writing". That is users should not post excessive numbers of emoticons, large, small or coloured text, etc. Similarly users should not SHOUT or use excessive punctuation (e.g. ! and ?) in topic titles or posts. Users consistently abusing this will be warned and/or banned.
7. Spam is not tolerated here under any circumstance. This includes offering hosting services (charged and free), installation services, solicitation etc. Recruiting members for your own projects (Moderators, designers, professional work, etc.) is not permitted and is also considered spam. Users posting spam will be warned and their post removed. The said users also risk being banend from the website. See specific item on spam and 3rd party linking for more information.
8. The moderating, support and other teams reserve the right to edit, remove or put on moderation queue any post at any time. The determination of what is construed as indecent, vulgar, spam, etc. as noted in these points is up to Team Members and not users.
9. The above website rules where applicable also apply to private messaging. Abuse of the private messaging system may lead to warnings (as above) and/or the revocation of private messaging.
# 23. AVATARS/PROFILE PICTURES
1. Users are permitted to utilise a gallery profile picture/avatar or to link to one of their own (subject to previous points on misuse of bandwidth). User defined profile pictures/avatars are to be no larger than 120 pixels square, contain no animation, contain no image which attempts to portray the user as having an official status at this website (e.g. mimicking ranks or copying profile pictures/avatars of team members), may not exceed filesize stated in your Profile Page Settings. Remote signature images must have a consistently high availability otherwise these will be removed. Limit on image filesize prevents detrimental effect on website page load speed.
2. Profile Pictures/Avatars are subject to the same conditions as posts with respect decency, and so forth.
3. Users abusing these rules will be warned, may lose their avatar privileges and/or being banned from the website.
# 24. POLICING
Users who feel they have been unfairly warned, etc. are welcome to contact the relevant team leader, e.g. if warned by a Moderator you should contact the Support team leader. If they feel you were treated badly they may remove a warning.
Any attempt to circumvent a temporary ban or other Support Team/Moderator action will lead to a permanent ban of your account(s). Circumvention includes re-registering or using an already registered account under a non-banned username. Other examples include changing IP addresses, using a new email account or other action that can be taken to evade Moderator action to hide your identity as the owner of the sanctioned account.
# 25. OUR POLICY TOWARDS CHILDREN
This website is not geared towards children under 12 years old or younger. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, and/or have any question or concerns, the said parent should contact us (click here) immediately so we can take the appropriate action.
# 26. FREE STUFF... (ELECTRONICS, FURNITURE, ETC.) MESSAGE BOARD
The topics listed in the "Free Stuff... (Electronics, Furniture, Etc.)" Board are from the "Free" listings at Craigslist.com. We can not guarantee the validity of the items listed as "free" and/or the person that made the initial post at Craigslist.com. Furthermore, we are not responsible for the items listed, transactions, transportation, posted information and/or including circumstances occuring from the postings. For further information regarding these postings please see the Help section on Craigslist.com.
# 26. NON-PROFIT AND FOR PROFIT ORGANIZATIONS
Please note that we provide the information of non-profit and for profit organizations on this website as a public service. TheBX.net does not sponsor or endorse any of the groups.
# 27. DIRECTORY
The "Directory" section of TheBX.net (and the Forum section of the site) lists a number of software products that members/visitors may be able to utilize. TheBX.net is not responsible for any damage to your computer that may result from the use and/or mis-use of the programs listed in the Directory. Please report (click here) any links that aren't working and/or if a product or service isn't working as stated.
You expressly understand and agree that TheBX.net shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TheBX.net has been advised of the possibility of such damages), resulting from you using the programs/software listed in the Directory (and/or the Forum section of TheBX.net).
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