This agreement (the "Agreement") governs your access and use of DATAHIT facilities, message boards, user accounts and Services (the "Service").
Runboard.com is hereby included as part of DATAHIT.
In consideration for your rights to access and use of the Service, you and DATAHIT agree as follows:
Users registered before 11th October 2003 are afforded 20 days notice and by the end date must be in compliance with this Terms Of Service which shall by then be binding upon them having been given an opportunity to accept or desist using the facilities and Services.
By clicking the signup button and stating that you have read and accept this Terms Of Service Agreement, you agree to be bound by the Agreements terms and also any modifications made in accordance with Section 13 below.
DATAHIT (The "Provider") provides this Service only to individuals "Users" who are at least 18 years old or minors 13 years old and above who have parental permission.
Runboard.com is part of DATAHIT which is an online website through which businesses and individuals can build, join and participate in discussion. This Service is provided "AS-IS" and that DATAHIT assumes NO responsibility for, among other things (1) any loss of Service including outages or interruptions, (2) the availability of particular features, boards or Services, (3) inability to access the Service (4) deletion of materials posted to the Service (5) the failure to store materials on the Service.
DATAHIT reserves the right to withdraw, modify or restrict access to Services without notice and without compensation.
The Service contains different account types enabling the individual "User" to take advantage of the capabilities that are available. Some capabilities may require payment as further explained under Section 5.
A "User" may choose to register a Global or Local Account. DATAHIT stresses the importance of reading any materials referred to in the process of registration which could explain limitations, restrictions and overall capabilities of the Services as there is no way to change the account type at a later time.
Upon registration the Individual "User" will be asked for personal information, all of which is governed by DATAHIT's Private Policy which is viewable at http://www.runboard.com/legal/privacy_policy. If you choose to register, you agree that you will supply DATAHIT with the information as directed, ensuring that it is accurate and furthermore update as necessary via the "Users" control panel.
Before you can access or use the Service it is necessary to validate your account by following the necessary steps as directed in your validation e-mail. In this e-mail you will be granted a temporary password. Once your account is validated you may change your password via your control panel. You are solely responsible for maintaining the confidentiality of your password. You agree that if anyone learns your password either willingly or accidentally, you will be liable for conduct of those using your "Username". You are encouraged to change your password frequently. If you become aware of unauthorised use of your "User" account you are obliged to notify DATAHIT immediately using the form at http://www.runboard.com/feedback and change your password to prevent further misuse.
Lost passwords can be found using lost password facility whereby your password is sent to the e-mail address with which you registered. Passwords cannot be sent to any other e-mail address or recovered by any other means. Therefore it is your responsibility to have a written copy of the details that you submitted upon registration and any updated information and that it is kept in a secure manner. No support on recovering lost passwords is to be expected, and none is guaranteed.
The Service provided by DATAHIT contains huge amounts of material (the "Content") posted by individuals (the "Users"). Please use common sense and caution when viewing DATAHIT communities, and that any Content posted is the sole responsibility of the individual "user" who posted it along with any linked Content on external sites transmitted or otherwise via the Service. You acknowledge and agree that DATAHIT is not responsible for, does not control, does not endorse and does not verify the Content posted to this Service or available through the Service, and it makes no guarantee regarding quality, reliability, legitimacy and/or accuracy of such Content. Under no circumstances will DATAHIT be liable in any way to you for Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of Content posted or otherwise transmitted via the Service.
DATAHIT does not Preview Content before it is posted and therefore has no control over it. You also agree that DATAHIT has the right (but not an obligation) to access any board and remove or restrict access to any Content on the Service, at its sole discretion and without notice or compensation. Any Content that violates this Terms Of Service Agreement shall give DATAHIT the right (but not an obligation) to remove or restrict access to content and also at its sole discretion, even the removal of a board completely (along with the board's local users, as local users are technically dependent on the board).
You agree not to use this Service for posting of Copyright, Pornographic, Illegal or Data Protected Content or use of the Service in the activity of unreasonable use, including but not limited to "SPAM". You also agree to abide by any applicable local, state, national or international laws. The Content posted by you should also not infringe on the rights of any third party, including but not limited to intellectual property rights, privacy or publicity rights.
You are responsible for any Content that you post and that DATAHIT is not responsible in any shape or form for (but not limited to), any dispute you have with other Users of the Service. DATAHIT reserve the right to monitor disputes but without any obligations.
Users using Services provided by DATAHIT to create boards agree to monitor the Content on their board and make as "best and reasonable" efforts as can be taken to ensure compliance with the whole of this Agreement.
Board owners are able to permit to access or post on their boards whom ever they so wish (where done so without overrule of DATAHIT). The board owners are also afforded the capability to block access to Users access/posting privileges on their boards and can be done so on usernames and I.P addresses something which DATAHIT has the right, but no obligation to remove a ban or force board accept membership for Users
DATAHIT cannot restore any lost and/or deleted Boards, Accounts and/or Content and for which there will be no compensation.
Basic account types are completely free with the option of payment to upgrade.
DATAHIT offers the free Service in accordance that you agree that DATAHIT has the right to control advertising and it may without notice remove, modify or add advertising to board pages in any form, and can do so without notice.
Upgraded "Purchased" Accounts
"Users" may choose to purchase accounts. This fee helps to cover the administrative, maintainance, development and all other costs associated for the hosting and running of the boards and their Content on DATAHIT.
Although optional, in future it may give extra capabilities for the "User" including giving the "User" immunity from advertising should DATAHIT ever implement it. Advertisement-free viewing is not a right, but a benefit and thus any benefits conferred on those purchasing upgraded accounts may be at any time withdrawn or restricted.
Current upgrade prices are shown on the websites of DATAHIT.
Removal of advertising is limited to that which DATAHIT places on its Services. DATAHIT has no control over any further advertising placed on board by board owners by any method or in any form.
You understand and acknowledge that any fees due or paid by you to DATAHIT in upgrading your "User" account are NON-refundable in part or whole.
You acknowledge that DATAHIT will not be liable to you or to any third party for discontinuance, suspension or modification of the Upgraded "Purchased" Accounts and as stated above you understand and agree to be bound by DATAHIT's no-refund policy.
DATAHIT may be contacted regarding any problems with the Service, but you agree that DATAHIT is limited to "Goodwill" and without any obligation.
In the event you register a LOCAL account you must be aware that should the board, to which your account is tied to, is deleted by its board owner, the DATAHIT staff, or other means, you would lose your local account with no way of restoral for both basic and upgraded account types. As stated above, DATAHIT has a no refund policy. It is recommended to purchase upgrade only for Global accounts, as those are less likely to be deleted.
You agree that DATAHIT may delete your board or your User account for any reason at any time, without notice, without compensation and without giving an explanation. Board Owners may also delete boards that they create at any time. Users wishing to terminate should simply cease to use the Service. DATAHIT may also decide to ban your e-mail address, IP address, username or edit/remove any content without notice or compensation. Any breach of the terms of Service, rules or any other violation deemed by DATAHIT may result in your account/board being removed. DATAHIT would not be required in such an event to provide an explanation as to why your account/board/content was modified or deleted.
You agree not to reproduce, duplicate, sell or resell or exploit for any commercial purposes any part of the Service/Content other than the Content to which you hold the Intellectual property rights.
8. Advertisements/Affiliates/Third Parties
Should DATAHIT implement advertising on the pages of its Services third parties may provides links to other websites or resources of which you acknowledge that DATAHIT has no control over. Board owners/users/advertisers/third parties may also introduce other links to external websites or resources for which DATAHIT has no control over, does NOT endorse, is not responsible for or liable for any content, product, advertising or materials available.
DATAHIT will therefore not be responsible for any damages.
DATAHIT retains rights to access any area of any board or users account. DATAHIT may edit, delete or restrict access to any Content/account/board or Services in enforcement of the rules of Terms Of Service. Any failure of DATAHIT to enforce any part of this Term Of Service Agreement will not be construed as a waiver of any term or condition for anyone.
You agree that you grant DATAHIT rights to reproduce/publish your content allowing the promotion of DATAHIT's Services and any other purpose DATAHIT deems reasonable.
11. Liability & Warranty
You agree and understand that your use of DATAHIT Services is done so at your own risk. DATAHIT is provided "As-Is". DATAHIT disclaims all warranties of any kind, whether express or implied.
You also agree that any Content you post or access using the DATAHIT Service is your sole responsibility including but not limited to, for any damage caused from obtaining, following or using any Content.
DATAHIT will not be held responsible for any damages, direct or indirect, resulting from use and/or inability to use the Service.
Please note that some jurisdictions do not permit the exclusion of certain warranties or liability for damages, so some of the above may not be applicable to you. However you use DATAHIT's Service at your own risk.
You agree that DATAHIT does not have to give notice to any changes made to its Services and that your continued use of Services provided constitutes continued agreement to this Terms Of Service agreement. Should this text, Terms of Service, be changed other than for typographical errors, a notice may or may not be given in the user's control panel, inviting the user to review and accept (or not) the updated Terms of Service.
13. Modification Of Agreement
DATAHIT and its owners reserve the right to at any time modify this agreement and it shall be binding effective from the time that they are posted. Your continual use of Services from DATAHIT will constitute your acceptance.
DATAHIT has the Agreement with all up-to-date modifications and amendments available from its website
14. Legal Dispute
In the event of any dispute it shall be governed in accordance of the laws of Delaware and the Federal Laws of The United States Of America.
15. Official Language: English
The Agreement and the DATAHIT websites and Services provided are developed in English. This English version shall be binding on the parties to this agreement. As a convenience it may be translated into other languages but any translations may not be relied upon and that you the "User" agree that you have read carefully, acknowledge and understand the ENGLISH version of this Agreement.
16. Submitting Complaint/Query
DATAHIT without any obligations will assist users or any parties with complaints/queries and such but to the extent that NO guarantee is or will be given.
Please submit details including any relevant links using the following form http://www.runboard.com/feedback
BY SIGNING UP THE USER HEREBY AGREES TO ALL THE TERMS SET FORTH IN THIS AGREEMENT. YOU AGREE TO HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM USE OF THE PROVIDERS SERVICES AND AGREE THAT ALL THE INFORMATION PROVIDED BY THE USER TO THE PROVIDER IS TRUE.
Last Revision: 19th October 2003