EXHIBIT 10.7
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ARBORWOOD FORUMS - TERMS OF SERVICE
By registering with and using the Arborwood Forums Service, you agree
to abide by the following Terms of Service Agreement.
1. ACCEPTANCE OF TERMS - By registering to use the Arborwood Forums
Service (the "Service"), you agree to be bound by the terms of this
Agreement (the "Agreement") and any modifications made to it in the
future.
2. THE ARBORWOOD FORUMS SERVICE - The Service is an online
application that allows businesses and individuals to build, join, and
participate in customized discussion forums. You understand and agree
that the Service is provided "AS-IS" and that Arborwood assumes no
responsibility for, among other things, (1) any service outages or
interruptions, (2) the unavailability of individual forums, services, or
features, (3) the inability to access the Service, (4) the deletion of
materials posted to the service, or (5) the failure to store materials
posted to the service. No Information that is stored on the Service is
not guaranteed to be safe from deletion, theft, or loss.
3. REGISTRATION - Registration is required to create a new
discussion forum using the Service and to post materials to an existing
forum or take advantage of other features available only to registered
users. Arborwood does not sell or give e-mail addresses provided during
registration to any third parties, nor does it use said addresses for
any purpose other than conveying information related to the user's
specific discussion forum.
4. CONTENT ACCESSIBLE ON THE SERVICE - The Service hosts discussion
forums covering a broad array of topics. While certain materials are not
allowed on the Service, it is still possible that some users may find
material to be offensive or objectionable. Please use caution and common
sense when viewing any discussion forum hosted on this Service. Likewise,
understand that the Service does not monitor attachments posted to the
service nor scan said attachments for viruses. Arborwood is not responsible
for any harm incurred by users who open infected attachments posted to the
Service. Do not open any attachments unless you are familiar with the
poster and know what the attachment is.
You acknowledge that Arborwood does not regularly monitor forum content,
but agree that Arborwood shall have the right (but not the obligation) to
access any board and remove or restrict access to any content posted to the
Service. This may be done at the sole discretion of Arborwood and without
any compensation.
5. LICENSE GRANTED TO ARBORWOOD - You grant Arborwood the world-wide,
royalty free, and non-exclusive license to reproduce, modify, adapt,
distribute, and publish any content you post, upload, and/or contribute
to the Service, for the purposes of displaying such information on
Arborwood's sites and the promotion and marketing of Arborwood's services.
However, Arborwood will not attempt to resell or otherwise convey these
rights to any third party. Likewise, Arborwood will gain written
permission from the moderator of a discussion forum before posting any
of its content in any location other than the standard forum interface.
6. USER CONDUCT - You agree not to use the Service to:
(a) violate or solicit the violation of any applicable local, state,
national, or international law;
(b) infringe the rights of any third party, including but not limited to
intellectual property rights and privacy or publicity rights;
(c) upload, post, e-mail, or otherwise transmit any content that (1) is
unlawful, threatening, abusive, tortious, defamatory, obscene, libelous,
or invasive of another's privacy; (2) consists of instructional
information on illegal activities, including, but not limited to,
hacking, cracking, and phreaking; (3) violates or infringes in any way
upon the proprietary rights of others, including, without limitation,
copyrighted software, music, photographs, text, videos or artwork;
(4) constitutes pornography, or sexual material of an obscene nature or
that violates local, state, or national laws; (5) is the private
information of another such as their addresses, phone number, Social
Security number, or credit card number; (6) contains software viruses,
Trojan horses, 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; or (7) you do not
have the right to upload or post due to contractual or other legal
obligation; (d) impersonate any person or party, including, but not
limited to, an Arborwood Forum Administrator, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to
disguise the origin of any content transmitted through the Service;
(f) interfere with or otherwise manipulate identifiers in order to
disguise the origin of any content transmitted through the Service;
(g) disseminate off-topic messages on forums promoting any product,
service, website, forum, or venture, or promote forums on the Service
through unsolicited e-mail messages to third parties.
If you do use the Service to commit any of the above, Arborwood may, at
its sole discretion, terminate your user account and/or discussion forum
and discard any content within the Service.
6. CREATION OF DISCUSSION FORUMS - In creating a discussion forum
using the Service, you agree to use your best efforts to comply with
Section 6 of this Agreement. Likewise, you agree to take action to remove
or disable access to any content that violates Section 6 of the Agreement.
7. LIMITATIONS OF SERVICE - You agree that Arborwood may establish, at
its sole discretion, any rules or limitations regarding use of the Service,
including, for example, limits on the number of messages that can be posted
to a forum, the size of messages and/or attachments posted, or limits on
the number of users in a given forum. Such limits and restrictions can be
enacted at any time with or without notice by Arborwood.
8. MODIFICATION AND TERMINATION OF SERVICE - Arborwood reserves the
right at any time to modify or discontinue the Service with or without
notice. You agree that Arborwood shall not be responsible for any lost or
interrupted business or transactions as a result of the modification or
termination of the Service.
You agree that Arborwood may terminate the Service for a specific
discussion forum if any of the following actions are taken by a user of
the Service:
(a) intentionally circumventing any Arborwood advertisement display;
(b) registering for the Service with a false e-mail address or one which
is not your own or that has become inactive;
(c) reproducing, distributing, republishing, or retransmitting material
posted by other Service users without the prior permission of said users.
9. USE OF THE SERVICE - You agree not to reproduce, duplicate, copy, sell,
resell, or exploit for any commercial purpose use of the Service, access
to the Service, or any of the content accessible through the Service,
other than the content to which you hold intellectual property rights.
11. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARBORWOOD 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.
(b) ARBORWOOD MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS OBTAINED AND USED AT YOUR SOLE| RISK AND DISCRETION AND
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.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY ARBORWOOD.
12. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT
ARBORWOOD SHALL NOT BE LIABLE 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
ARBORWOOD 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.
13. 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. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
Please report any violation of these Terms of Service to an Arborwood
Forums Administrator at xxxxxxxxxx@xxxxxxxxx.xxx.
