Content on Our Sites
Our sites include a combination of content that we create and that our users create. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available on our sites ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
Your Conduct on Our Sites
You agree not to post or transmit material that is knowingly false and/or defamatory, misleading, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening or invasive of a person's privacy; that otherwise violates any law; or that encourages conduct constituting a criminal offense.
User Agreement for Tom's IT Pro Forums
This message forum, and other user contributed/comment areas ("Forums") are provided as a service to members of our community. By using or participating on the Forums, you agree to this User Agreement including but not limited to the Rules of Conduct and the Terms of Service stated below. For purposes of this agreement, "User" refers to any individual posting on or otherwise using the Forums and BOM refers to any or all of Bestofmedia, LLC and their authorized representatives.
BOM reserves the right to change the Rules of Conduct, Terms of Service and all other parts of this User Agreement at its sole discretion and without notice.
As a standard operating procedure, BOM does not enter into correspondence, discussions or other communication, either public or private, about BOM Board policies, individual moderators, enforcement or application of the User Agreement, bans or other sanctions, etc.
RULES OF CONDUCT
User agrees not to post material that is knowingly false and/or defamatory, misleading, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, that otherwise violates any law, or that encourages conduct constituting a criminal offense.
User agrees not to post any material that is protected by copyright, trademark or other proprietary right without the express permission of the owner(s) of said copyright, trademark or other proprietary right.
User agrees not to use nicknames that might be deemed abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise inappropriate. User agrees not to use nicknames that might mislead other Users. This includes but is not limited to using nicknames that impersonate developers, staff, or other Users, or other individuals outside of BOM.
TERMS OF SERVICE
User acknowledges and agrees that use of the BOM Boards is a privilege, not a right, and that BOM has the right, at its sole discretion, to revoke this privilege at any time without notice or reason. User agrees that this Agreement in its entirety applies to both public and private messages.
The goal of the Forums is to foster communication and the interchange of ideas within the User community. User agrees and acknowledges that any posts, nicknames or other material deemed offensive, harassing, baiting or otherwise inappropriate may be removed at the sole discretion of BOM.
User authorizes BOM to make use of any original stories, concepts, ideas, drawings, photographs, opinions and other creative materials posted on the Forums without compensation or other recourse. User also agrees to indemnify and hold harmless BOM and our agents with respect to any claims based upon or arising from the transmission and/or content of your message(s).
BOM has the right but not the obligation to monitor and/or moderate the Forums, and offers no assurances in this regard.
BOM is not responsible for messages posted on the Forums or the content therein. We do not vouch for or warrant the accuracy, completeness or usefulness of any message. Each message expresses the views of its originating User, not necessarily those of BOM. Unless expressly stated otherwise by a senior BOM representative such as the Editor in Chief, this includes messages posted by BOM personnel, agents, delegates, representatives et al.
Any User who feels that a posted message is objectionable is encouraged to contact us. We have the ability to remove messages and we will make every effort to do so within a reasonable time if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to act immediately. Removal of messages is at the sole discretion of BOM.
The appropriate individual to contact is usually the editor of the site associated with the board where the message in question is to be found. As a standard operating procedure, BOM does not enter into discussions, either public or private, about Forum policies, individual moderators, bans or other sanctions, etc.
BOM reserves the right to reveal the identity of and/or whatever information we know about any User in the event of a complaint or legal action arising from any message posted by said User.
Advertisements, chain letters, pyramid schemes and other commercial solicitations are inappropriate on the Forums.
BOM does not permit children under the age of 13 to become members, post home pages or web sites on our service.
BOM is not responsible for the content posted by BOM members or visitors on any area of our site including without limitation. The opinions and views expressed by BOM's members or visitors do not necessarily represent those of BOM and BOM does not verify, endorse, or vouch for the content of such page(s). Further, BOM is not responsible for the delivery or quality of any goods or services sold or advertised through or on BOM members' page(s). If you believe that any of the content posted by our members or visitors violates your proprietary rights, including copyrights, please contact our Designated Agent to Receive Notification of Claimed Infringement identified on our site.
You are solely and fully responsible for any content that you post any area of our site. We do not regularly review the contents of materials posted by our members or other visitors to our site. We strictly prohibit the posting of the following types of content on all areas of our sites:
- nudity, pornography, and sexual material of a lewd, lecherous or obscene nature and intent or that violates local, state and national laws.
- any material that violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyright or trademark rights; this includes "WAREZ" (copyrighted software that is distributed illegally), "mp3" files of copyrighted music, copyrighted photographs, text, video or artwork. If you don't own the copyright or have express authorization and documented permission to use it, don't put it on your site at BOM (if you do have express permission you must say so clearly on your BOM homepage). BOM will terminate the memberships of, and remove the pages of, repeat infringers.
- any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable; including posting other peoples' private information.
- content that promotes, encourages, or provides instructional information about illegal activities - specifically hacking, cracking, or phreaking.
- any software, information, or other material that contains a virus, "Trojan Horse", "worm" corrupted data, or any other harmful or damaging component;
- hate propaganda or hate mongering, swearing, or fraudulent material or activity;
By submitting your data to BOM, you represent that the data comply with BOM's Terms of Service. If any third party brings a claim, lawsuit or other proceeding against BOM based on your conduct or use of BOM services, you agree to compensate BOM (including its officers, directors, employees and agents) for any and all losses, liabilities, damages or expenses, including attorney's fees, incurred by BOM in connection with any such claim, lawsuit or proceeding.
BOM is the final arbiter of what IS and IS NOT allowed on our site. Further, BOM reserves the right to modify or remove anything submitted to BOM, and to cancel any membership, at any time for any reason without prior notice. BOM is not obliged to maintain back-ups copies of any material submitted or posted on our site. Actions or activities that may cause termination of your membership and/or removal of your page(s) include, but are not limited to:
- posting or providing links to any content which violates our Terms of Service:
- conducting or providing links to any raffle, contest, or game which violates any local, state or national laws;
- using in the registration of your BOM membership an email account that is not your own or that is or becomes inactive.
- violating the BOM Terms of Service. Please read and familiarize yourself with the BOM Terms of Service.
- sending unsolicited email using a BOM address
- reproducing, distributing, republishing or retransmitting material posted by other BOM members without the prior permission of such members.
We reserve the right to monitor, and to investigate any complaints regarding any content of BOM members' pages, message-board postings, and to take appropriate action if BOM finds violations of these Terms of Service.. In the case of any such complaint, BOM reserves the right to remove the content complained of while the BOM member and the complaining party attempt to resolve their dispute. This could result in your posts(s) being removed from BOM for as long as it takes to resolve the dispute.
You grant to BOM and its affiliates a royalty-free, perpetual, irrevocable, nonexclusive, worldwide, unrestricted license to use, copy, modify, transmit, distribute, and publicly perform or display the submitted pages or other content for the purposes of displaying such information on BOM's sites and for the promotion and marketing of BOM's services. BOM disclaims ownership of member sites and will not resell or otherwise convey these.
BOM includes posts that have been imported from usenet newsgroups. The source of each newsgroup archived message is clearly stated in the message header (below subject line).
If you are posting on usenet, and you do not want BOM to archive your message, then use the 'X-No-archive: yes' header, or place that phrase at the beginning of message body. If the 'X-No-archive: yes' is used, then the message is only displayed for one month (to preserve thread integrity) after which it is deleted.
If your usenet messages are archived on Forums, you can have them removed by sending us a message here, with the following information:
- Your full name
- The URL of the messages you want removed (URL is the line starting with "http://...." which appears in the browser window).
- A statement saying: "I swear under penalty of perjury that I am the person who posted each of the foregoing messages, and I wish to have these messages removed."
- Sign electronically, by stating "Signed, followed by your name." When posting a new topic or replying to a topic, you have the option to cross-post to Usenet Newsgroups. Such cross-posts are subject to the following policies:
- All posts are subject to policies established for the respective newsgroups.
- Messages designated for cross-posting are queued and reviewed; there is no guarantee as to the timeliness of messages being cross-posted.
- Postings to unrelated newsgroups or repeated postings in unreasonably short span of time, are considered SPAM and will result in your account and your originating IP number being disabled.
- You are responsible for periodically checking your posts for responses, and to provide appropriate and timely replies. You can do so by leaving "Notify me when a reply is posted" checked.
- We may choose not to post email addresses and/or phone number (to reduce spam). There will be link in the posted message for contacting you (requires registration, again to reduce spam). As we cannot guarantee removed of every email and/or phone number from messages before cross-posting to newsgroups, you agree not to include such information in you messages.
- All signatures may be removed.
- We may change without notice your ad posting to a different newsgroup that we determine is more appropriate for your message.
- As usenet is an unmoderated environment, some newsgroups are populated by 'trolls' and people who may respond to your cross-posts in inappropriate manners. Posts archived/imported from newsgroups are clearly marked by the word 'external' below the poster's name. If you choose to reply to such posts with inflammatory or inappropriate comments, then your post will be deleted without notice. You can read elsewhere in this User Agreement about other ways outside BOM for responding to such posts.
- We may refuse cross-posting without notice such messages that solely in our opinion, can result in heated or controversial exchanges, as we are not equipped to monitor and post responses in a timely manner in these cases. Consider going thru your ISP for these.
- We may modifiy without notice the version of messages that is cross-posted to newsgroups, to make it better suited for such purpose.
- We reserve the right to refuse cross-posting to Usenet for any reason and without notice. As such, please use alternate means of posting to newsgroups if you need to be sure that your message is posted to such groups. You can instead use the services of your ISP to post your message to Usenet.
BOM makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the BOM service. IN NO EVENT WILL BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE 'S SERVICES OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, 'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON 'S SITE FOR ANY REASON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED; ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of California, as such law applies to agreements between California residents entered into and to be performed within State of California. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in the State of California, USA, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.
BOM reserves the right to change or amend these Terms of Service at any time without prior notice. By registering and/or submitting any content, including without limitation, message-board postings, you signify your agreement to these Terms of Service.