The Brown Bear Software In Out Board Hosting Service ("Service")is provided for your use ("User") under these Terms of Service ("Terms") and any policies and procedures that may be instituted by Brown Bear Software. The Terms constitute the entire agreement between Brown Bear Software and User and supersedes any and all prior agreements between the parties. BY CREATING OR USING AN IN OUT BOARD , YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS.

Brown Bear Software is providing User with the capability to create and maintain an electronic In Out Board via the Internet. Brown Bear Software currently charges for this service only if User is provided with a In Out Board that displays no advertising placed by Brown Bear Software. User must: (a) provide all their equipment necessary to access the Internet and the Hosting Service (b) pay all fees associated with such access. User understands that Brown Bear Software is not obligated to provide assistance to the User and that User's use of the Hosting Service is at the risk of User.

Brown Bear Software considers the User's information to be the private and will not monitor or disclose such information except in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply within legal process; (c) to enforce the Terms; (d) to respond to any claims of violation of the rights of third parties; (e) to protect the interests of Brown Bear Software or others.

User acknowledges and agrees that Brown Bear Software may access its information as necessary to identify or resolve technical or other problems. User acknowledges and agrees that certain technical processing of information is and may be required to (a) send or receive data; (b) perform planning or scheduling (c) conform to technical or other issues.

User acknowledges and agrees that Brown Bear Software does not endorse any content created or transmitted via the Hosting Service and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable content or content that infringes or may infringe the intellectual property or other rights of another.

Brown Bear Software may change the terms and conditions of the Terms from time to time with or without notice to User. Any amendment shall be effective immediately with or without notice. Each use by User reaffirms User's acceptance of, and agreement to be bound and to abide by, the Terms as amended.

Brown Bear Software reserves the right to modify or discontinue its service, temporarily or permanently, for any reason, and at its sole discretion, with or without notice to User. User agrees that Brown Bear Software shall not be liable to User or any third party for any modification or discontinuance.

User is solely responsible for maintaining the confidentiality of User's identifications and passwords and any and all activities that occur under User's identifications or passwords. User agrees to immediately notify Brown Bear Software of any unauthorized use of User's account or any other breach of security known to User.

User agrees not to use any racist, inflammatory, or profane In Out Board names, user names, group names, passwords, or other text and further agrees that Brown Bear Software has the right to modify such if, in its sole discretion, any such terms violate this agreement.

USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

BROWN BEAR SOFTWARE 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.

BROWN BEAR SOFTWARE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BROWN BEAR SOFTWARE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE NOT OCCUR OR WILL BE CORRECTED.

USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

BROWN BEAR SOFTWARE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM BROWN BEAR SOFTWARE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

BROWN BEAR SOFTWARE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF BROWN BEAR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER FURTHER AGREES THAT BROWN BEAR SOFTWARE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

User agrees not to reproduce, duplicate, copy, sell, resell or exploit the Service or use of or access to the Service. User agrees not to include advertising in In Out Boards, unless authorized in writing by Brown Bear Software.

Brown Bear Software assumes no responsibility for the deletion or failure to store any data or other information included by User on the Service.

User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other users. User agrees to be solely responsible for User's actions and the contents of User's transmissions through the Service. User agrees not to impersonate any person or entity, including but not limited to, a Brown Bear Software official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity.

User agrees: (a) to comply with all laws regarding the transmission of technical data exported from the United States through the Service; (b) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (c) not to use the Service for illegal purposes; (d) not to interfere or disrupt networks connected to the Service; and (e) to comply with all regulations, policies and procedures of networks connected to the Service. User agrees not to use the Service to collect or harvest personal information, including, without limitation, financial information, about other users of the Service.

User agrees not to post, promote or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature. User further agrees not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. Finally, User agrees not to advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or use the Service for any commercial purpose, post or transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email.

Brown Bear Software may, at its sole discretion, immediately terminate User's access to the Service should User's conduct fail to conform with these terms and conditions of the Terms. Brown Bear Software may, but is not in any way obligated to, enforce these Terms against any user.

User agrees to indemnify and hold Brown Bear Software, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this Terms by User, or the infringement by User of any intellectual property or other right of any person or entity.

User agrees that Brown Bear Software may terminate User's In Out Board, user name, password, account or use of the Service, for any reason, at its sole discretion, including, without limitation, if Brown Bear Software believes (a) that User has violated or acted inconsistently with the letter or spirit of the Terms, or (b) that User has violated the rights of Brown Bear Software or other Users or parties. User further agrees that Brown Bear Software may terminate User's In Out Board, user name, password, account or use of the Service if User fails to use the Service at least one time during a reasonable period of time as determined by Brown Bear Software from time to time which period shall not be less than one month.

User acknowledges and agrees that any termination of service under this Agreement under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that Brown Bear Software may immediately delete and discard all information and files in User's account and bar any further access to such files or the Service.

All notices to a party shall be in writing and shall be made either via email or conventional mail. In addition, Brown Bear Software may post notices or links to notices through the Service to inform User of changes to the Terms, the Service, or other matters of importance. Lack of such notification shall not affect the effectiveness of such changes.

User's correspondence with or participation in promotions of advertisers found on the Service, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between User and the advertiser. User agrees not to hold Brown Bear Software 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.

User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or other information presented to User through the Service ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User is only permitted to use this Content as expressly authorized by Brown Bear Software, and may not copy, reproduce, distribute, or create derivative works from this Content without express authorization.

The Terms and the relationship between User and Brown Bear Software shall be governed by the laws of the State of Alaska without regard to its conflict of law provisions. User and Brown Bear Software agree to submit to the personal and exclusive jurisdiction of the courts located within the Borough of Anchorage, Alaska.

The failure of Brown Bear Software to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms remain in full force and effect.

User agrees 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 Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms are for convenience only and have no legal or contractual effect.