Terms of Service (TOS)
This Forum Service Agreement (this Agreement) is between ForumElevation.com, a Company formed under the laws of the State of Maryland with its principal office at Annapolis. ForumElevation.com and the person (individual or legal person) whose signs ForumElevation.com’s service order and set up form (the Order) incorporating this Agreement by reference (Customer). This Agreement governs Customer’s use of ForumElevation.com’s forum services.
1. Services . Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of ForumElevation.com’s credit approval requirements, ForumElevation.com agrees to provide the forum services and products as described in the Order for the fees stated in the Order.
2. Products and Services. The initial service term of the Agreement shall begin on the date that ForumElevation.com generates an e-mail message to Customer announcing the activation of and download link that allows the Customer’s to access his product. This download link is randomly generated and is available for download for up to 48 hours of the initial purchase. After the 48 hours, it is then terminated and can NOT be re-accessed. In the case of ordering a "forum population" package, an email invoice will be sent to the Custome detailing the aspects of their order. Once this order is fulfilled as described on the Order then the "forum population" campaign will be assumed finished. For information regarding a Refund please see the "Refund Policy" section.
3. Acceptable Product Use. In regards to transferrable goods (forum skins and ad banners - both custom and templated) the Customer is entitled to basic rights listed. Each of these products are allowed to be used by the Customer for one domain and website at a time. Violation of this (displaying or using our products on multiple domains and websites) will result in immediate seizure of all transferred products owned by the Customer. Failure to cooperate allows ForumElevation.com to take any legal actions necessary. In this case, the Customer will be obligated to pay any legality fees, damages, compensation, etc. Customers are NOT allowed to redistribute, sell, or use our products for any other reason other then its intended use without the written consent of ForumElevation.com. Violation of this will result in immediate confiscation and/or legal action.o
4. Refund Policy. Should the Customer feel that he has not recieved the product as advertised, we will refund the money for the order - minus any fees incurred during the transaction. In this case, the product must be returned to ForumElevation.com and the Customer is no longer entitled to the product. The Customer must also submit an acceptable reason for return along with evidence for this reason
Should ForumElevation.com not provide the services and products as advertised, ForumElevation.com will refund the product's cost in full - minus any fees incurred during the transaction. ForumElevation.com holds the right to deny any returns and refunds if the reason submitted does not yield any violation of the products and services advertised.
5. Payments.
(a) Fees. Each fee should be paid as listed in the finalized product order costs. This amount will be paid through your PayPal account and transferred over to innes101@hotmail.com. If the Order provides for credit/debit card billing, Customer authorizes ForumElevation.com to bill subsequent fees to the credit/debit card for each of the product(s) purchased. Otherwise, ForumElevation.com will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Fees are due immediately before recieving any of the product files. Failure to process a payment will result in an order termination after an undisclosed amount of days.
Payments must be made in United States dollars. Customer is responsible for providing ForumElevation.com with changes to billing information (such as credit card expiration, change in billing address). Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay ForumElevation.com’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay ForumElevation.com’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
(b) Fee Increases. ForumElevation.com may change the prices of their products at any given time with, or without warning. It is understood that it is the Customer's responsibility to examine the site to make sure that the price displayed is the price charged.
6. Customer Information. Customer represents and warrants to ForumElevation.com that the information he, she or it has provided and will provide to ForumElevation.com for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to ForumElevation.com that he or she is at least 18 years of age. ForumElevation.com may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
7. Indemnification. Customer agrees to indemnify and hold harmless ForumElevation.com, ForumElevation.com’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
8. Disclaimer of Warranties. ForumElevation.com does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law forumelevation.com disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and no infringement. To the extent permitted by applicable law, all services are provided on an “as is” basis.
9. Limitation of Damages. Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibiliy of such damages.
Not with standing anything else in the agreement to the contrary, the maximum aggregate liability of forumelevation.com and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.
10. Suspension/Termination.
(a) Suspension of Service. Customer agrees that ForumElevation.com may suspend services to Customer without notice and without liability if: (i) ForumElevation.com reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) ForumElevation.com reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay ForumElevation.com’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
(b) Termination. The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if ForumElevation.com fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by ForumElevation.com prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from ForumElevation.com describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
11. Requests for Customer Information. Customer agrees that ForumElevation.com may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that ForumElevation.com believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
12. Governing Law/Disputes. The Agreement shall be governed by the laws of the UK, exclusive of its choice of law principles, and the laws of the UK, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Exclusive venue for all disputes arising out of or relating to the agreement shall be the state and federal courts in UK, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.
13. Miscellaneous. Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on ForumElevation.com unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without ForumElevation.com’s prior written consent. ForumElevation.com’s approval for assignment is contingent on the assignee meeting ForumElevation.com’s credit approval criteria. ForumElevation.com may assign the Agreement in whole or in part.
Website Updates on 07-29-2007 17:07 
