TERMS AND CONDITIONS FOR USE OF THE EoH Online© FORUM SERVICES
By accessing this Website, you agree to be bound by the terms and conditions
appearing in the Site Terms of Use located here and you accept our Privacy
Policy which is available here. If there is anything you do not understand
please email any enquiry to support@eohonline.com. Below is additional Terms of
Use specifically for the Forum Services we are offering. This does NOT void the
Site Terms of Use. It is in addition to the Site Terms of Use.
In these terms and conditions "We/us/our/EoH Online©" means The EoH Online©
Hosting and Design Company, "Website" means the website located at
www.eohonline.com (or any subsequent URL which may replace it) and all
associated websites and micro sites of EoH Online© and "You/your" means you as a
user of the Website and/or Forum hosted with us.
You may use the Forums for either personal use and/or commercial use.
You shall not use the Forum for any illegal purposes, and you will use it in
compliance with all applicable laws and regulations. You agree not to use the
Forum in a way that may cause the EoH Online© services to be interrupted,
damaged, rendered less efficient or such that the effectiveness or functionality
of the Website is in any way impaired;
You agree not to attempt any unauthorized access to any part or component of the
Website/Forum; and You agree that in the event that you have any right, claim or
action against any Users arising out of that User's use of the Forum, then you
will pursue such right, claim or action independently of and without recourse to
us.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL
CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES,
SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE CONDITIONS BY YOU OR ANY
OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE AND/OR FORUM SERVICES,
OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE AND/OR FORUM SERVICES USING
YOUR PC OR INTERNET ACCESS ACCOUNT. YOU ARE RESPONSIBLE IN MAKING BACKUPS. WE
BACKUP DATA ON A WEEKLY BASIS, BUT NO GAURANTEE THAT YOUR DATA WILL BE
PRESERVED. AFTER 60 DAYS OF INACTIVITY, YOUR FORUM ACCOUNT WILL BE REMOVED. NO
BACKUPS SHALL REMAIN OF SAID ACCOUNT. YOU WILL BE REQUIRED TO RE-REGISTER YOUR
FORUM IF YOU WISH TO RE-OPEN IT. WE WILL NOT BE HELD RESPONSIBLE FOR LOSS OF
POSTS/DATA IF YOUR ACCOUNT IS REMOVED/CLOSED FOR WHATEVER REASON. WE RESERVE THE
RIGHT TO REMOVE YOUR ACCOUNT WITHOUT WARNING.
We reserve the right to modify or withdraw, temporarily or permanently, the
Forum (or any part of) with or without notice to you and you confirm that we
shall not be liable to you or any third party for any modification to or
withdrawal of the Forum.
We may alter these terms and conditions from time to time, and your use of the
Forum (or any part of) following such change shall be deemed to be your
acceptance of such change. It is your responsibility to check regularly to
determine whether the Conditions have been changed. If you do not agree to any
change to the Conditions then you must immediately stop using the Forum.
The Forum is subject to constant changes/upgrades. You will not be eligible for
any compensation because you cannot use any part of the Forum or because of a
failure, suspension or withdrawal of all or part of the Forum.
We are not responsible for the availability of any external sites or resources,
and do not endorse and are not responsible or liable, directly or indirectly,
for the privacy practices or the content (including misrepresentative or
defamatory content) of any third party websites, including (without limitation)
any advertising, products or other materials or services on or available from
such websites or resources, nor for any damage, loss or offence caused or
alleged to be caused by, or in connection with, the use of or reliance on any
such content, goods or services available on such external sites or resources.
All members are required to keep their email address up to date on the system.
Failure to do so will result in your account removal. By becoming members of EoH
Online©, you are not allowed to advertise any advertisement banners on your Free
Forum. The only exception is our Header and Footer advertisement banners.
Abusing our advertisement banners will result in your account removal issues of
exclusive remedy are adequately dealt with under limitation of liability and
governing law.
We have the right, but not the obligation, to monitor any activity and content
associated with the Forum. We may investigate any reported violation of these
Conditions or complaints and take any action that we deem appropriate (which may
include, but is not limited to, issuing warnings, suspending, terminating or
attaching conditions to your access and/or removing any materials from the
Forum).
You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all material or content supplied as part of the
Website/Forum shall remain at all times vested in us or our licensors. You are
permitted to use this material only as expressly authorized by us.
The phpBB Forum is an open source forum operated by www.phpbb.com.
As a user of EoH Online© forum, chat room or message board ("Online Services")
you confirm that you have read, understand and agree to these Rules, EoH Online©
Terms and Conditions Of Use of its website and you agree to the terms of EoH
Online© Privacy Policy. If you do not agree, do not use EoH Online© Online
Services, or if you are already using EoH Online© Online Services, please stop
immediately.
EoH Online© Online Services are not actively monitored and EoH Online© is not
responsible for the content of any messages that are posted. EoH Online© has the
right, but not the obligation, to monitor any activity and content associated
with the Online Services. EoH Online© does not vouch for or warrant the
accuracy, completeness, or usefulness of any message. The messages express the
views of the author of the message, not the views of EoH Online©. EoH Online©
reserves the right, in its sole discretion, to edit, delete, or refuse to post
any message or thread for any reason whatsoever.
Any user who feels that a posted message is objectionable should contact EoH
Online© by sending an email to support@eohonline.com
You agree that you will not upload, post, email or otherwise transmit any
material that may infringe any person or entity's intellectual property rights
(including patents, trademarks, trade secrets, copyright or other intellectual
or other property right).
There is zero tolerance for any illegal action associated with the Forum. You
agree not to upload, post, email or otherwise transmit any material which (a) is
defamatory, libelous, disruptive, threatening, invasive of a person's privacy,
harmful, abusive, harassing, obscene, pornographic, hateful, or racially,
ethnically or otherwise objectionable; or that otherwise violates any law, (b)
contains software viruses or any other computer codes, files or programs
designed to interrupt, destroy, or limit the functionality of any computer
software or hardware or telecommunications equipment, (c) may infringe any
person or entity's intellectual property rights (including patents, trademarks,
trade secrets, copyright or other intellectual or other property right). By
posting any material, you confirm, represent and warrant that you have the
lawful right to distribute and reproduce such material.
By posting any material, you confirm, represent and warrant that you have the
lawful right to distribute and reproduce such material.
You will not impersonate any person or entity or otherwise misrepresent your
affiliation with a person or entity.
Without EoH Online© written permission you will not distribute or publish
unsolicited promotions, advertising or solicitations for funds, goods or
services, including but not limited to, junk mail, spam and chain letters.
Postings to Online Services become public information. You should be very
careful about posting personally identifiable information such as your name,
address, telephone number or email address. If you post personal information
online, you may receive unsolicited messages from other users in return.
EoH Online© reserves the right to issue warnings, suspend or terminate the
registration of users who refuse to comply with these rules. EoH Online© may
modify these rules from time to time and such modifications will be effective
and binding on you when posted online.
You will remain solely liable for the content of any messages or other
information you upload or transmit.
By using EoH Online© Online Services, you grant EoH Online© the royalty-free,
perpetual, irrevocable, non-exclusive and fully sub licensable right and license
to use, reproduce, modify, edit, adapt, publish, translate, create derivative
works from, distribute, perform and display the content you post to publicly
accessible areas of the eohonline.com site.
EoH Online© may investigate any reported violation of its policies or complaints
and take any action that it deems appropriate. Such action may include, but is
not limited to, issuing warnings, removing posted content and/or reporting any
activity that is suspects violates any law or regulation to appropriate law
enforcement officials, regulators, or other third parties.
Recognizing the global reach of the internet, you agree to comply with all local
rules regarding online conduct and acceptable content.
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF
ANY INFORMATION PLACED ON THE FORUM. THE FORUM IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT. UNLESS SPECIFIED IN
SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE
MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE
FORUM, OR PRODUCTS OR SERVICES OFFERED ON THE FORUM WHETHER BY US OR ON OUR
BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS,
OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR
PRODUCT OR SERVICE, WE MAKE NO WARRANTY THAT THE FORUM OR PRODUCTS OR SERVICES
OFFERED ON THE FORUM WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE
DOWNLOADS) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FORUM OR THE SERVER
THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE FORUM WHETHER BY
US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) ARE FREE OF VIRUSES OR
BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. WE WILL NOT BE RESPONSIBLE
OR LIABLE TO YOU FOR ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO
OR DOWNLOADING FROM THE FORUM.
YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY
RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE FORUM AND ANY INFORMATION
PROVIDED TO OR TAKEN FROM THE FORUM BY YOU.
WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT
MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE FORUM OR
PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF
(INCLUDING FREE SOFTWARE DOWNLOADS) FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT
LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED
SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF
DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER OR
NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON
WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
We will not be liable in contract, tort or otherwise if you incur loss or damage
connecting to the Website through a third party's hypertext link.
Notwithstanding any other provision in the Conditions, nothing shall limit your
rights as a consumer under English law where or insofar as such rights cannot be
derogated from by contract.
Nothing in the Conditions shall exclude or limit our liability for death or
personal injury resulting from our negligence or that of our servants, agents or
employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from these
Conditions and shall not effect the validity and enforceability of any of the
remaining provisions of the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding
breach of any provision.
These Conditions and documents referred to herein (as amended from time to time)
contain the entire agreement between you and us relating to the subject matter
covered and supersede any previous agreements, arrangements, undertakings or
proposals, written or oral, between you and us in relation to such matters. No
oral explanation or oral information given by either of us shall alter the
interpretation of these Conditions. You confirm that, in agreeing to accept
these Conditions, you have not relied on any representation save insofar as the
same has expressly been made a representation in these Conditions and you agree
that you shall have no remedy in respect of any misrepresentation which has not
become a term of these Conditions save that your agreement contained in this
Clause shall not apply in respect of any fraudulent misrepresentation whether or
not such has become a term of these Conditions.
You agree to the terms of our privacy policy which is available here.
These Conditions will be exclusively governed by and construed in accordance
with the laws of The United States of America and The State of Illinois whose
Courts will have exclusive jurisdiction in any dispute, save that we have the
right, at our sole discretion, to commence and pursue proceedings in alternative
jurisdictions.
You may send us notices under or in connection with these Conditions by post to
EoH Online©, PO Box 108, Henry, Illinois 61537, USA or by email to
support@eohonline.com. As proof of sending does not guarantee our receipt of
your notice, you must ensure that you have received an acknowledgement from us,
which should be retained by you.