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Bill Deasy Forum Member Agreement and Posting Guidelines Rules, Policies, and Disclaimers Registration for this bulletin board is completely free! If you agree to abide by our rules below, you should press the "I Agree" button, which will enable you to register. If you do not agree, press the "Cancel" button. The Bill Deasy Forum (BDF) Member Agreement is a legal document that details your rights and obligations as a Bill Deasy Forum member ("Member"). When you have accepted the terms and conditions of the Member Agreement, you become a Bill Deasy Forum Member. If you have questions about the Member Agreement, or about your rights and responsibilities as a BDF member, please contact BDF by e-mail. BDF reserves the right to update or revise certain provisions of The Bill Deasy Forum Member Agreement at any time. By joining BDF and accepting the Member Agreement, you agree that BDF may change the terms of this Member Agreement without prior written notice. If at any time you do not agree to any of the terms in this Member Agreement, your sole remedy is cancellation of your BDF membership. 1. THE BASICS OF YOUR BDF MEMBERSHIP When you accept this Agreement and complete the BDF registration process, you become the "exclusive account" holder. Your User Name address will be used to identify you in posts you make in the BDF forum. Your User Name is your online identity. If at anytime your registered e-mail address ceases to be valid, you will need to edit your profile in order to update the system with your new e-mail address. The BDF reserves the right to rescind or deny any user name it deems to be inappropriate or misrepresentative. As the exclusive account holder, you are responsible for all postings made utilizing your User Name/e-mail address. You agree that you shall not reveal your password to other users under any circumstances. You agree to indemnify and hold BDF and the internet service provider harmless for any improper or illegal use of your account. This includes, but is not limited to, any illegal or improper use by someone to whom you have given permission to use your account. 2. CHARGES AND BILLING There is no charge for The Bill Deasy Forum. 3. ONLINE CONDUCT AND CONTENT Content ------- By content, we mean the text, software, communications, images, sounds and other information provided online. Most content on the BDF service is provided by our members. BDF does not warrant that it prescreens content. BDF assumes no responsibility or liability for content that is provided by BDF members and those who obtain access to BDF member accounts through lawful or unlawful means. BDF reserves the right to remove or edit content that, in BDF's sole judgment, does not meet its standards or does not comply with the purpose of the BDF forum, and you agree that BDF is not responsible for any failure or delay in removing such material. BDF provides a forum for its individual members to create their own content and to express their individual opinions. Each individual BDF member is responsible for the content of what they post. As a BDF Member, you agree to follow the BDF posting guidelines, and you acknowledge that BDF has the right to enforce such guidelines in its sole discretion. If you, or anyone using your account, fails to follow these guidelines, your account may be terminated or temporarily suspended by BDF in its sole discretion. You acknowledge that BDF is not required to provide notice prior to terminating or suspending your account for violating these rules and standards. You acknowledge that the content and data contained in the BDF Forum constitute a compilation copyright of BDF and that any reproduction, duplication, copy, sale, exploitation, redistribution or publication of such content and data is prohibited without the express, prior written consent of BDF. You acknowledge with the sole exception of materials you may author and post, that material that is posted on the BDF will not be excerpted or copied for any purpose without the express written permission of BDF. Unsolicited Bulk E-mail ----------------------- You warrant and represent that you will not use the e-mail addresses of BDF members for the purpose of sending unsolicited bulk e-mail. Such practice is STRICTLY PROHIBITED. Any violation of this provision will subject your BDF membership to immediate termination. Proprietary Rights ------------------ You may not copy, transmit, modify, distribute, show in public or in private or create any derivative works from any of the content you find on BDF, unless you have the legal right to. Making unauthorized copies of any content found on BDF can lead to the termination of your BDF membership and may even subject you to further legal action beyond the termination of your membership. If a third party content owner takes legal action against you, you agree to indemnify and hold harmless BDF and their subsidiaries, affiliates, related companies, employees, officers, directors and agents. By submitting and/or posting content on any BDF message board, you represent that you own such material, or have authorization to distribute it. Once you post content on BDF, you expressly accept responsibility for the content of your post. 4. WARRANTY MEMBER EXPRESSLY AGREES AND ACKNOWLEDGES THAT THE USE OF BDF, AND THE INTERNET IS AT MEMBER'S SOLE RISK. BDF, AND ANY THIRD-PARTY VIRUS CHECKING TECHNOLOGY ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH BDF IS THE CANCELLATION OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION 6. NEITHER BDF NOR THE INTERNET SERVICE PROVIDER SHALL BE LIABLE FOR DAMAGES ARISING FROM YOUR USE OF BDF AND YOU HEREBY WAIVE ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH BDF. YOU AGREE AND ACKNOWLEDGE THAT BDF DOES NOT ENDORSE WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH BDF. YOU ACKNOWLEDGE AND AGREE THAT BDF WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS AND SERVICES, AND SUCH TRANSACTIONS SHALL BE YOUR SOLE RESPONSIBILITY. 5. INDEMNIFICATION You agree to defend, indemnify and hold harmless BDF and their affiliates, subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses, including attorneys fees, that arise from a breach of this Member Agreement for which you are responsible or from the use of BDF or the Internet, or in connection with your transmission of any Content on BDF. 6. TERMINATION AND CANCELLATION Either you or BDF may terminate or cancel your membership at any time. You understand and agree that the cancellation of your account is your sole and exclusive remedy with respect to any dispute with BDF. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term, condition or such operation of this Agreement or BDF's enforcement or application of this Agreement; (2) any policy or practice of BDF or BDF's enforcement or application of these policies; (3) the content available through BDF; (4) your ability to access and/or use BDF. You may cancel your membership by e-mailing BDF. Cancellation will take effect within 10 business days of BDF's receipt of your request. Active BDF Members may not allow former Members or other agents whose memberships have been terminated to use their accounts. 7. LAW AND LEGAL NOTICES The Member Agreement represents your entire and complete agreement with BDF. You agree that this Member Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement, except as specifically set forth herein. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the state of Pennsylvania govern this Agreement and your membership. Member conduct may be subject to other local, state, national, and international laws. You expressly agree that any dispute or controversy between the parties arising from this Agreement shall be determined by arbitration in the City of Pittsburgh under the rules of the American Arbitration Association then in effect. The exclusive jurisdiction for any claim or dispute with BDF or relating in any way to your membership or your use of BDF resides in the courts of the City of Pittsburgh and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the City of Pittsburgh in connection with any such dispute including any claim involving BDF or its affiliates, subsidiaries, employees, contractors, officers, and directors. 8. POSTING GUIDELINES: - Subject lines should be clear and descriptive of what the post is about. - Do not type in all CAPS. This is considered shouting in Cyberspace, is hard on the eyes and posts in all CAPS may be deleted. - Avoid Off Topic Postings: Often people post remarks that have nothing to do with the subject of the forum. These will be moved, edited or deleted at the moderator or administrator's discretion. - Post about the topic at hand, not about the people posting. - Do not use the forum as a personal blog. - One user should not impersonate another user. Vicious/Malicious Postings or Disruptive Behavior: BDF, in its sole discretion has the right to delete or modify the following content or to terminate or temporarily suspend the poster's user agreement and access to BDF: - Postings that do nothing but criticize or attack another poster without any contribution to the forum. - Harassing, embarrassing, name calling or threatening postings. - Post with the express purpose of advertising or solicitation. This is considered SPAM by the BDF. - Display behavior that the BDF deems as being disruptive to the welfare of the forum or other BDF members. Use the Private Message Feature When Appropriate: Users should respect the rights of other posters to have differing opinions. If you should find yourself in a continuous disagreement with one person, make your responses to each other via private messages rather than continuing to post messages on the Board. If you have something personal to say to someone posting in the thread, send that user a private message. Do not use the private message feature to SPAM registered users with promotional materials. Obscene/Pornographic/Violent postings: Unless these contribute something useful to the discussions, they will be deleted.