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Sept. 11, 2001

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Terms and Conditions of Use

TERMS AND CONDITIONS OF USE

The Backwoods Home Magazine Readers' Forum (the Forum) is an online information exchange service provided by Backwoods Home Magazine, Inc. (BHM) Its primary focus is on adult conversation and education about self-reliance and homesteading and everything that goes along with them. It offers many boards dedicated to a wide variety of topics and interests.

Use of the Forum requires your agreement to and compliance with the terms and conditions set forth below. This document is reproduced in the FAQ section of the Forum.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE REGISTERING FOR OR USING THE FORUM. IT STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE THE FORUM AND ITS FEATURES. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT REGISTER FOR OR USE THE FORUM.

The privilege extended to you to use the Forum is personal to you and is not transferable to any other person or company.

BHM reserves the right to change these terms and conditions and/or to impose new terms and conditions. Such modifications or additions shall be effective immediately upon notice to each Forum Member. Notice may be given by any reasonable means including, but not limited to, posting a revised version of this Agreement on this page or notification by the Forum message feature or electronic mail. Any use of the Site after such notice shall conclusively be deemed to constitute acceptance by you of such modifications, additions, or deletions. It is your responsibility to periodically review the posted terms and conditions to be aware of such revisions.

Section 1. Member Behavior and Posting

Registration to use this Forum requires you do so using a primary, traceable email address. More information regarding the reasons and options is available in the Registration and Membership Levels sections of the Membership Information FAQ. Use of ANY web-based email service is not acceptable and will result in your registration being denied.

You have the ability, as you register, to choose your Username. We advise that you keep the name appropriate. Business names are not acceptable as Usernames. You agree to never give your password to any other person. You also agree to NEVER use another member's account to post messages or browse the Forum.

You will not engage in any conduct or post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, in violation of ANY law or that might constitute a criminal offense, or that might give rise to civil liability. Any activity that restricts or inhibits any other user from using the services of the Forum or the BHM website or any feature thereof is also prohibited.

You will behave in a civil manner and treat other members with courtesy and respect, even when you disagree with them. Trolling and Flaming of any type is prohibited. This includes name-calling, labeling, denigrating, marginalizing, belittling, rudeness, insulting posts, personal attacks, purposely inflammatory posts and every other kind of uncivil behavior or language.

Foul language of all types is prohibited. This includes the use of other characters in place of letters, as in s**t or f-----g.

Business or commercial use of any kind of any part of the Forum is prohibited with the exception of any board set up specifically for that use. The existence of such a board is not a guarantee that you will be able to use it.

Spamming, flooding, advertisements, chain letters, pyramid schemes, lotteries, and solicitations are absolutely prohibited in this Forum.

Registered and Confirmed members will keep their profile updated with their current, traceable email address. Failure to do so will result in loss of Confirmed member status and privileges.

The Forum will periodically send out short emails to all members. If your email is returned as undeliverable for any reason, we will assume the you have abandoned the Forum and your membership may be terminated.

Section 2. Use of Material, Copyright

You will not post any copyrighted material, in whole or in part, unless the copyright is owned by you or you have consent from the owner of the copyrighted material. BHM recognizes a Fair Use exception of a short, one or two paragraph excerpt with a link to the whole article. You may not post articles from your business website that contain one or more links back to the website nor from any website from which you receive compensation of any kind.

You retain full copyright over all messages and graphics you post.

You may view, copy, and print a single copy of Material posted in this Forum solely for your personal, non-commercial use. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the material.

You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.

If you violate any of the terms or conditions, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

Section 3. Liability

The Material posted in the Forum may contain inaccuracies or typographical errors. BHM makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Forum or the Material. Use of the Forum and the Material is entirely at your own risk. Changes are periodically made to the Site, and may be made at any time.

BHM DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BHM IS NOT RESPONSIBLE FOR THOSE COSTS OR ANY OTHER COSTS, HOWEVER NAMED.

THE SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BHM, ITS SUPPLIERS, AND CONTRACTORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. BHM, ITS SUPPLIERS AND CONTRACTORS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

Section 4. Disclaimer of Consequential Damages

IN NO EVENT SHALL BHM, ITS SUPPLIERS AND CONTRACTORS, OR ANY THIRD PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BHM, ITS SUPPLIERS AND CONTRACTORS IS/WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 5. User Submissions

Any communication, graphic, or other Material which you post in the Forum or transmit to BHM or to the BHM website by e-mail, private message (PM), public post and/or other medium, known or not now known, can be used by BHM on a royalty-free, perpetual, irrevocable, nonexclusive license with the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.

As a user of the Site, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, profane, defamatory, threatening, harassing, abusive hateful, or embarrassing to another user of the Site or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.

BHM does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Forum or endorse any opinions expressed by users of the Forum. You acknowledge that any reliance on material posted by other users of the Site will be entirely at your own risk.

BHM does not screen communications in advance and is not responsible for screening or monitoring material posted by Forum members. If observed by BHM and/or notified by a user of communications which allegedly do not conform to this agreement, BHM may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. BHM has no liability or responsibility to users of the Forum for performance or nonperformance of such activities. BHM reserves the right to suspend and/or ban users of the Site and prevent their further access to the Site for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.

Section 6. Links to Other Sites

The Forum contains links to third party websites. These links are provided solely as a convenience to you. Neither the websites nor their contents are endorsed or recommended by BHM. BHM is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of material on such third party websites. If you decide to access linked third-party websites, you do so at your own risk.

Section 7. Indemnity

You agree to defend, indemnify, and hold harmless BHM, its officers, directors, employees, contractors, and agents, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use or non-use of the Forum or your violation of the terms or conditions of this agreement.

Section 8. User Information

BHM may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Site, for its internal business and security procedures.

Section 9. General

BHM is based in Gold Beach, Oregon. BHM makes no claims that the Forum is appropriate for anyone, inside or outside of the United States. Access to the Forum may not be legal by certain persons in certain countries. If you access the Forum from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This agreement is governed by the laws of the State of Oregon. If any provision of this agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as may be expressly provided in a particular "Legal Notice" or in Material on particular pages of the Forum, this agreement constitutes the entire agreement between you and BHM with respect to the use of the Forum. Any changes to or waivers of all or part of this agreement must be made in writing and signed by an authorized representative of Backwoods Home Magazine, Inc.



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