Terms of ServiceLast revised December 10, 2012
This agreement governs your access to and use of Boardhost.com, Inc.'s (hereafter referred to as "Boardhost") Flagcounter.com service's counters,
facilities, and services (collectively the "Service"). In consideration for your right to use the
Service, you agree as follows:
Boardhost provides the capability of creation and/or use of website counters, 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. BOARDHOST SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH INTERRUPTIONS OR DATA LOSSES, OR OTHERWISE AS A RESULT OF YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS. FURTHERMORE, THE COMPANY'S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
Boardhost is not obligated to monitor the Service, but may do so and may remove or edit any counter created through our site, or adjust your access to the Service. Counters that Boardhost may, in its sole discretion, elect to remove or edit include without limitation those which violate the "Restrictions" enumerated herein.
Counters and their content are provided for entertainment only, and their content is subject to error and innaccuracies. We cannot guarantee, for instance, that the counts indicated represent anything other than a minimum number of times the counter was loaded from our server, nor can we guarantee the accuracy of the originating country assigned to an individual visitor. Further, your counter code could be placed elsewhere on the Internet by automated robots or by unscrupulous or other third parties. Such placement may result in a distortion of your intended count of visitors.
There is no limit to the number of pages you may place your counter on, or the number of times your counter may be viewed. You agree, however, that if your counter is or is expected to be viewed more than 3,000,000 times in a single month, to contact us to ensure that adequate resources are available. If you do not recieve our written confirmation of such, your counter may be temporarily or permanently deactivated until such resources are available.
You may not place your counter on websites of which you do not own or operate, or which you have obtained permission from the person who does own or operate the site. You further may not include your counter in "comments" to sites that you do not own or operate.
Boardhost may place advertisements on any counters created on our site, and on associated information pages, in exchange for the service provided. It is Boardhost's sole discretion as to how many advertisements appear, and the form of these advertisements.
You may use our counters for legal purposes only, and further may not use our counters on any website that contains or promotes any of the following:
- 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 Boardhost, in its sole discretion
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 use our site. Any reported incident of spamming, or any form of unsolicited e-mail or newsgroup posting that includes a link to or references to a counter or its associated content, may result in IMMEDIATE termination of any related counters, and a ban from using any future Boardhost services.
Furthermore, you may not include a counter in
ANY e-mail message, including but not limited to e-mail newsletters.
Boardhost reserves the right to terminate, or take steps to terminate your counters and/or access to the Service, in whole or part, without warning, for any reason at its sole discretion, including without limitation any violation of a provision of these terms. Boardhost further reserves the right to remove any counters or accounts determined in Boardhost's sole discretion to be using excessive server resources.
Any counters you create and their associated data may be removed for inactivity at Boardhost's discretion. Ordinarily, this will occur if your counter has not had a new visitor in over 30 days.
Should any credit or debit card or other payment method used to pay for Boardhost's services be rejected or should your card issuer (or its agent or affiliate) seek return of payment previously made to Boardhost where Boardhost believes you are liable for the charge, your Service will be immediately terminated and you will be barred from using our services in the future. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Boardhost.
Boardhost 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 discontinue use of our service within twenty-five (25) days of any such changes constitutes your acceptance of the new agreement
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. BOARDHOST 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 NONINFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOARDHOST (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, BOARDHOST 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 BOARDHOST 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 Boardhost 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 contractors', agents', employees', officers', directors', shareholders' and affiliates', 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, or the content of any message or poll created through the Service. Should Boardhost be notified of a pending legal action, or receive notice of the filing of a legal action, Boardhost may seek written confirmation from you concerning your obligation to indemnify Boardhost, and you agree to provide such confirmation promptly.
Information related to the viewership of your website (or the viewership of wherever you or anyone else has placed the counter code) will be publicly disclosed, including being displayed on Your website, and anywhere else you, or anyone else implements code from our service (with or without your permission). Such viewership information further will be displayed on flagcounter.com or on other Boardhost websites. This information includes, but is not limited to the identified country of origin of your website's visitors and other visitor statistics and information we may collect.
You agree that Boardhost 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 Boardhost to operate the Service properly, or endangered in any respect Boardhost or third-parties, or in the event that the information is subpoenaed or subject to other judicial or administrative process.
Boardhost does not claim ownership of content you provide through our service. With respect to your counters, viewership information, statistics, or other content that we collect, or you provide or make available through the Service, however, without limiting any other rights these usage terms afford to Boardhost, you grant Boardhost 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.
Should Boardhost decide, in its sole discretion, that it needs to discover your identity to enforce this agreement against you, you waive any right you might otherwise have had to prevent Boardhost from leaving your identity from your internet service provider.
Boardhost shall have the sole discretion as to what what constitutes a violation of any of these terms.
You may not assign or otherwise transfer this agreement.
This agreement creates no third-party beneficiaries.
CHOICE OF LAW AND FORUM
The Flagcounter.com Terms of Service shall be governed by the laws of the State of Iowa, USA, exclusive of choice-of-law principles. You hereby consent to the exclusive jurisdiction of the courts of the State of Iowa, in Dubuque County, Iowa, USA, or, if subject matter jurisdiction is unavailable there, to the jurisdiction of the Cedar Rapids Division of the U.S. District Court for the Northern District of Iowa, USA, in any and all disputes arising out of, or related to, your use of Boardhost's services.
If any condition in these terms of service is found unenforceable, Boardhost 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 the parties.
Boardhost's failure at any time to enforce any provision of these terms of service shall not constitute a waiver or limitation of Boardhost's right subsequently to enforce every provision of the terms of service.
YOUR CREATION OF A COUNTER AND/OR ANY USE OF AN HTML OR OTHER CODE PROVIDED BY FLAGCOUNTER.COM CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE.