1. ACCEPTANCE OF TERMS
Welcome to Boost2001. Boost2001 provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from
time to time without notice to you. You can review the most current version of
the TOS at any time at: http://www.insanity.net/random/boost2001/tos.shtml. In
addition, when using particular Boost2001 services, you and Boost2001 shall be
subject to any posted guidelines or rules applicable to such services that may
be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Boost2001 currently provides users with access to a rich collection of
software resources via affiliate partenerships. You also understand
and agree that the Service may include advertisements and that these
advertisements are necessary for Boost2001 to provide the Service. Unless
explicitly stated otherwise, any new features that augment or enhance the
current Service, including the release of new Boost2001 properties, shall be
subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that Boost2001 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 if Boost2001 creates certain areas on the Service that
contain adult or mature content, you must be at least 18 years of age to access
and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you 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 Boost2001 has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, Boost2001 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). Boost2001 is concerned about the safety and privacy of all its users,
particularly children. For this reason, parents of children under the age of 13
who wish to allow their children access to the Service must review the Terms of
Service of any visited affiliated companies. Accordingly, as the legal
guardian, it is your responsibility to determine whether any of the Services
and/or Content (as defined in Section 6 below) are appropriate for your child.
4. BOOST2001 PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at http://www.insanity.net/random/boost2001/privacy.shtml.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
If at any time Boost2001 employs user accounts, you (as a user) are
responsible for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your password or
account. You agree to (a) immediately notify Boost2001 of any unauthorized use
of your password or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. Boost2001 cannot
and will not be liable for any loss or damage arising from your failure to
comply with this Section 5.
6. 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 Boost2001, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via the
Service. Boost2001 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 Boost2001 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:
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a.
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upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
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b.
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harm minors in any way;
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c.
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impersonate any person or entity, including, but not
limited to, a Boost2001 official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
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d.
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forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the Service;
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e.
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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);
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f.
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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;
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g.
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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;
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h.
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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;
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i.
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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;
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j.
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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;
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k.
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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;
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l.
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"stalk" or otherwise harass another; or
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m.
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collect or store personal data about other users.
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You acknowledge that Boost2001 does not pre-screen all affiliated Content,
but that Boost2001 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, Boost2001 and its
designees shall have the right to remove any Content that violates the TOS 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 Boost2001’s
affiliates, including without limitation information in Boost2001 Message
Boards and in all other parts of the Service.
You acknowledge and agree that Boost2001 may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of Boost2001, 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.
7. 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.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Boost2001 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 Boost2001 the following world-wide, royalty free and non-exclusive
license(s), as applicable:
- With respect to photos,
graphics, audio or video you submit or make available for inclusion on
publicly accessible area of the Service 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 Boost2001 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 the perpetual,
irrevocable and fully sub licensable 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
Boost2001 network of properties that are intended by Boost2001 to be available
to the general public.
9. INDEMNITY
You agree to indemnify and hold Boost2001, 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 TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Boost2001 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 Boost2001 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 Boost2001
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 Boost2001 reserves the right to log off
accounts that are inactive for an extended period of time. You further
acknowledge that Boost2001 reserves the right to change these general practices
and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Boost2001 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 Boost2001 shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
13. TERMINATION
You agree that Boost2001, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if Boost2001 believes that you have violated or
acted inconsistently with the letter or spirit of the TOS. Boost2001 may also
in its sole discretion and at any time discontinue providing the Service, or
any part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this TOS may be effected
without prior notice, and acknowledge and agree that Boost2001 may immediately
deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or the Service. Further,
you agree that Boost2001 shall not be liable to you or any third-party for any
termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
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 Boost2001 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.
15. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Boost2001 has no control over such sites
and resources, you acknowledge and agree that Boost2001 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 Boost2001 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.
16. BOOST2001'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 Boost2001
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.
Boost2001 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 Boost2001 for use in
accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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a.
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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
BOOST2001 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.
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b.
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BOOST2001 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.
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c.
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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.
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d.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM BOOST2001 OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
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18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOOST2001 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 BOOST2001 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.
19. 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 17 AND 18 MAY NOT APPLY
TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 17 and
18 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The
Service is provided for informational purposes only, and no Content included in
the Service is intended for trading or investing purposes. Boost2001 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.
21. NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
Boost2001 the Boost2001 logo, Boost2000 in Chinese Characters, Boost2001.com
– A Faster Internet for a Faster You, Ascentive LLC, Ascentive’s logo,
Marketscore, Marketscore’s logos and other Boost2001 logos and product and
service names are trademarks of Boost2001 Inc. (the "Boost2001
Marks"). Without Boost2001's prior permission, you agree not to display or
use in any manner, the Boost2001 Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
Boost2001 respects the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide Boost2001's Copyright Agent the
following information:
- an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
- a description of the
copyrighted work or other intellectual property that you claim has been
infringed;
- a description of where the
material that you claim is infringing is located on the site;
- your address, telephone
number, and email address;
- a statement by you that you
have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
- a statement by you, made
under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner's
behalf.
Boost2001's Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By mail:
John Constantine
Copyright Agent
c/o Boost2001 Inc.
1300 Fayette Street
Taylor 91
Conshohocken, PA 19428
By FAX: (413) 638-8166
By email: copyright@Boost2001.com
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Boost2001 and govern
your use of the Service, superceding any prior agreements between you and
Boost2001. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and Boost2001 shall be
governed by the laws of the State of Pennsylvania without regard to its
conflict of law provisions. You and Boost2001 agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of
Philadelphia, Pennsylvania. The failure of Boost2001 to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the TOS must
be filed within one (1) year after such claim or cause of action arose or be
forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.
