POLLHOST TERMS OF SERVICE Last Revised November 20, 2006
This agreement governs your access to and use of Boardhost.com, Inc.'s Pollhost service's (hereafter referred to as "Pollhost") polls,
facilities, and services (collectively the "Service"). In consideration for your right to use the
Service, you agree as follows:
Pollhost provides the capability of creating and/or using polls to the user, who
is at least eighteen (18) years old, or is a minor over the age of thirteen (13) who has parental permission. Service
is provided "as is." There may, among other things, be unexpected downtimes, loss of data, delays or interruptions of service.
interfere with other elements of your website or that such coding will at all times work as described. Certain coding that we provide must load content from our service each time it is displayed. If you are
utilizing such a code, during any delay or interruption of our service the loading of your website could also be delayed and/or interrupted. In such an event, it is your responsibility to remove such code
from your website until our services become available again. POLLHOST SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF ANY INTERRUPTIONS OR DATA LOSSES, OR
OTHERWISE AS A RESULT OF YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS.
Pollhost is not obligated to monitor the Service, but may do so and may remove or edit any poll and/or adjust any settings of your account.
Any of your polls or other account settings and its associated data may be removed from your account for inactivity at Pollhost's discretion. Ordinarily, this will occur if
your poll has not received a vote within 30 days.
Polls and their results are provided for entertainment only, and are subject to error and innaccuracies. Although our polls are designed to allow and limit a unique
user to one vote for the period of time you specify when creating a poll, such an outcome cannot be guaranteed. Poll results may be skewed for a variety of reasons,
including without limitation the group of users targeted.
Any URLs assigned to you and/or your polls belong to Pollhost and not to you and are not guaranteed to be available for any period of time.
Registered Pollhost users will be subscribed to our Pollhost newsletter, which ordinarily will provide notice of account changes,
scheduled downtimes, or new features.
Pollhost will place advertisements on the polls you create, in exchange for the service provided, unless otherwise agreed on in writing by you and Pollhost and subject to your payment in full to Pollhost for then-current ad-free service fees.
It is Pollhost's sole discretion as to how many advertisements
appear on your polls, and the form of these advertisements.
Any polls you create through our service shall not contain or promote the following:
In addition, you may not use our services if your website contains any content outlined in this section.
- Adult content
- Obscene material
- Nudity or pornography
- Material that infringes intellectual property or other proprietary rights of any party
- Material the posting of which is tortious or violates a contractual or fiduciary obligation you or we owe to another party
- Piracy, hacking, viruses, worms, or warez
- Any illegal content
- Any link to or any image from a site containing any material outlined in these restrictions
- Any material deemed offensive or inappropriate by Pollhost, in its sole discretion, after you have been informed that Pollhost so deems the material (you agree that Pollhost may remove such material or direct you to remove it without prior notice, however)
E-MAIL AND UNSOLICITED E-MAIL
Individuals or organizations that promote or use spamming (unsolicited bulk e-mail) or methods thereof are not allowed to
create a Pollhost account. Any reported incident of spamming, or any form of unsolicited e-mail or newsgroup
posting that includes a link to or references to your Pollhost poll, may result in IMMEDIATE termination of your
Pollhost account and/or polls, and a ban from using any future Pollhost services.
Furthermore, you may not include a Pollhost poll in
ANY e-mail message including but not limited to e-mail newsletters. You may not solicit voters or viewers of your polls by
any means of e-mail communication.
Pollhost reserves the right to remove your polls and/or
account access, without warning, for any reason at its sole
discretion, including but not limited to any violation of a provision of these terms. Pollhost further reserves the right
to remove any polls and/or accounts determined in Pollhost's sole discretion to be using excessive server resources.
Pollhost reserves the right to modify these terms of service at any time. You agree to review these terms of service
regularly, and, at a minimum, to review these terms of service at least once every 15 days. Failure to close your account and/or discontinue use of our service
within twenty-five (25) days of any such changes constitutes your acceptance of the new agreement. If are a registered Pollhost user, Pollhost may also, at
its sole discretion, attempt to notify you by e-mail, via the Pollhost newsletter, or otherwise, of such changes. If Pollhost
notifies you by e-mail, your failure to close your account within ten (10) days of such notification constitutes your
acceptance of the new agreement. Pollhost shall not be responsible for your failure to receive e-mail notices that we
NOTIFICATION OF CLAIMED INFRINGEMENT
If you believe that content posted on a Pollhost account is violating your rights under U.S. copyright law, you may, pursuant to the Digital Millennium Copyright Act (DMCA) file a complaint of such claimed infringement with Pollhost's designated agent in the manner described at http://pollhost.com/dmca.html
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. POLLHOST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED
OR EXPRESS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POLLHOST (INCLUDING ITS CONTRACTORS, AGENTS,
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND AFFILIATES) OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS OF SERVICE.
SOME JURISDICTIONS DO NOT PERMIT DISCLAIMERS OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT
APPLY TO YOU.
WAIVER OF DAMAGES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF SERVICE OR OTHERWISE, POLLHOST SHALL NOT BE LIABLE FOR ANY DAMAGES,
INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOST PROFITS, PROCUREMENT OF SUBSTITUTE GOODS, GOODWILL, DATA, OR OTHER LOSSES (EVEN IF POLLHOST HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN
MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Pollhost and its contractors, agents, employees, officers, directors,
shareholders, and affiliates from any losses, damages or costs, including reasonable attorney's fees, resulting from
any claim or demand arising out of or related to your (including your agents, affiliates or anyone using your polls,
whether or not on your behalf, and whether or not with your permission) use of the Service, including without limitation
claims arising out of or related to your violation of these terms of service, or your violation of the rights of another
person. Should Pollhost be notified of a pending legal action, or receive notice of the filing of a legal action,
Pollhost may seek written confirmation from you concerning your obligation to indemnify Pollhost, and you agree to
provide such confirmation promptly.
You agree that Pollhost may preserve content and membership information and may release any or all preserved content or
membership information to governmental agencies, courts, or other third-parties if we believe, in our sole discretion,
that you have or may have committed illegal activities, violated these terms of service, violated the rights of
third-parties, impaired in any respect the ability of Pollhost to operate the Service properly, or endangered in any
respect Pollhost or third-parties, or in the event that the information is subpoenaed or subject to other judicial or
Pollhost does not claim ownership of content you provide through our service. With respect to content that you provide
or make available through a poll, however, without limiting any other rights these usage terms afford to Pollhost, you
grant Pollhost a world-wide, perpetual, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt,
publicly perform, and publicly display such content for the purpose of providing and promoting the Service.
Pollhost shall have the sole discretion as to what what constitutes a violation of any of these terms.
Notices to you may be made via either e-mail or regular mail. Pollhost may also provide notices of changes to these terms of service or other matters by displaying notices or links to notices to you generally on Pollhost’s website or on the Service.
You may not assign or otherwise transfer this agreement.
This agreement creates no third-party beneficiaries.
You warrant that all information you supplied to Pollhost during the account creation process is true and accurate to the best of your knowledge. You agree promptly to notify Pollhost of any changes to this information, by updating your account information in the Pollhost administration area.
CHOICE OF LAW AND FORUM
The Pollhost Terms of Service shall be governed by the laws of the State of Illinois, USA, exclusive of choice-of-law
principles. You hereby consent to the exclusive jurisdiction of the courts of Illinois, USA in
any and all disputes arising out of, or related to, your use of Pollhost's services.
If any condition in these terms of service is found unenforceable, Pollhost reserves the right to modify the condition to
comply with the law. All remaining conditions shall remain valid and enforceable.
These terms of service contain the entire agreement of the parties and there are no other promises or conditions in any
other agreement whether oral or written. These terms of service supersede any prior written or oral agreements between
Pollhost’s failure at any time to enforce any provision of these terms of service shall not constitute a waiver or
limitation of Pollhost’s right subsequently to enforce every provision of the terms of service.
CHECKING THE BOX NEXT TO "Check this box if you have read, and
agree to our terms of service." AND/OR CREATION AND/OR USE OF POLLHOST POLLS OR THE POLLHOST ADMINISTRATION AREA CONSTITUTES
ACCEPTANCE OF THESE TERMS OF SERVICE.