WELCOME TO BRIGHT.NET'S USER FORUM, A FREE DISCUSSION PLACE WHERE YOU CAN EXCHANGE INFORMATION WITH OTHER USERS.
These bright.net User Forum Terms of Service (the “Forum TOS”) govern Your use of the bright.net User Forum (collectively, the “Forum”). These terms are not exhaustive. bright.net reserves the right to modify them at any time, effective upon posting the modified terms on the bright.net Website. By registering as a user or using the Forum(s), You agree to abide by the most current version of the Forum TOS each time You log-on or otherwise access or use the Forum. Any violation of these terms may result in the suspension or termination of Your right to access the Forum(s).
You can always obtain the latest Forum TOS at www.bright.net/terms/forum.php/.
As used in this TOS, any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials posted in, uploaded to, or linked to the Forum is referred to as "Content."
You are not required to register in order to access the Forum and read the message boards. However, registration (via provision of a valid e-mail address, user name, and password) and login are required in order to post to the message boards and adjust user settings. bright.net will handle all information received from You in accordance with the bright.net Privacy Policy but does reserve the right to release information as set forth therein and below. When You register, You will also be asked to enter some personal information. Please keep in mind when choosing a user name and filling out Your profile that whenever You post to a message board Your user name, and a link to Your profile and online status, will appear when You are on the forum. Your profile may display historical information such as “joined”, “last visit” or number of posts. bright.net may refuse to grant You, and You may not use, a user name (or e-mail address) that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that bright.net rejects for any other reason at our sole discretion. In consideration of Your use of the Forum, You agree that all information provided in Your profile is accurate, true, current and complete.
bright.net is not a publisher of Content. Accordingly, bright.net has no more editorial control over such Content than does a library or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available as part of such Content are those of the posting user and not of bright.net. Moreover, You understand that by using the Forum, You may be exposed to Content that is offensive, indecent, or objectionable. It is Your sole responsibility to evaluate the accuracy, completeness, and/or usefulness of any information, opinion, advice or other content available through the Forum.
Accordingly, bright.net does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any Content on the Forum, regardless of who originates that Content. You expressly understand and agree that You bear all risks associated with using or relying on that Content. bright.net will not be liable or responsible in any way for any Content posted including, but not limited to, any errors or omissions in Content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any Content.
Although, as explained above, bright.net generally does not pre-screen, verify, or edit the Content posted by users in the Forum, bright.net and its agents reserve the right to investigate any alleged violation of this TOS and to take appropriate action. bright.net has absolute discretion to enforce these terms including, but not limited to, warning users of violations, disabling or suspending message privileges and/or Forum access, deleting, screening, or editing any Content, or prohibiting any behavior that does not comply with these terms, including the rules set forth herein, or which is otherwise inappropriate for the Forum, harmful, objectionable, or inaccurate. However, bright.net shall under no circumstances be responsible for any failure or delay in removing such material or otherwise acting in relation to any alleged violation.
bright.net is not responsible for third-party content available on the Internet that may be reached through links on the Forum. bright.net reserves the right to block access from the Forum to any Internet area containing illegal or other harmful content being used for purposes that are unlawful or injurious to bright.net or its members. You acknowledge that third-party sites on the Internet may have their own terms and conditions that govern Your use of those sites.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that You, and not bright.net, are entirely responsible for all Content that You upload, post, e-mail, transmit, or otherwise make available via the Forum.
You may only post Content that You created or which You have been given permission to post by the owner of the Content. You may not post or distribute Content that is illegal or that violates this Forum TOS or any other bright.net rules or policies. By posting or submitting Content on any bright.net Forum, You represent and warrant that (i) You own all the rights to this Content or are authorized to use and distribute this Content on the bright.net Forum and (ii) this Content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation. You shall be solely liable for any damage resulting from any infringement of any copyright, trademark, or other proprietary right, or any other harm resulting from any Content that You post or upload.
You agree that any Content you submit is provided on a non-proprietary and non-confidential basis. You agree that bright.net shall be free to use or disseminate any such Content on an unrestricted basis for any purpose. Specifically, although You or the owner of the Content retain ownership of all right, title, and interest in Content that You post to any bright.net Forum, bright.net owns all right, title, and interest in any compilation, collective work or other derivative work created by bright.net using or incorporating this Content. In addition, by posting Content on a bright.net Forum, You grant bright.net, its parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this Content in any medium.
bright.net encourages You to use caution and not reveal information that You do not want to make public in Your postings. Any personal information that You post can be obtained and used by others. Anything You post in the Forum, You post at Your own risk. You use the Forum at Your own risk. In any online forum, including the bright.net Forum, it is not possible to be sure that other users are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated.
You may not include a link in the Forum that directs users to any content or information that, if posted in the Forum, would constitute a violation of these terms. The linked sites are not under bright.net's control and Your access to any linked site is at Your own risk. You should use Your own judgment before You use any link or access any linked site.
By connecting to, posting to, or reading the bright.net Forums, You agree to the terms and conditions contained in the then-current Forum TOS, which will always be posted and available at the bright.net Web site. You specifically acknowledge that bright.net may, from time to time, in its sole discretion and without notification to You, modify the Forum TOS. It is Your responsibility to apprise Yourself of any such revision or modifications each time You use the bright.net Forum. If You do not agree to the terms and conditions contained in that Forum TOS, You must not register for or, if already registered, use the Forum. In such case, You must immediately terminate Your registration in accordance with the applicable provisions of this Forum TOS.
You can always find the most current Forum TOS at www.bright.net/terms/forum.php/.
bright.net respects your privacy. The information You provide to bright.net and Your use of the bright.net Forum is governed by and subject to the bright.net Privacy Policy, which is incorporated herein by reference.
You understand and agree that bright.net has certain legal and ethical responsibilities with respect to its provision of the bright.net Forum to You. bright.net prohibits any form of system abuse. You agree to abide at all times by the below-described policies of acceptable use. bright.net may take such actions as it deems appropriate against You for violations of these policies, including, without limitation, removing any content that violates this Agreement, terminating this Agreement and Your use of the bright.net Forums, and/or cooperating with law enforcement officials by providing whatever information may be requested upon presentation by such officials of appropriate authorization from a court having jurisdiction over the subject matter or taking whatever action that bright.net is authorized to take pursuant to state or federal law. However, there is no promise or obligation on bright.net's part to monitor or police any such activity, and bright.net will have no liability to any party for any other party's violation of these policies.
(A) You agree that You will be the only user of Your username and password and that You will not transfer or disclose either Your username or password to any other person.
(B) You agree not to transmit or publish on or over the bright.net Forums any information, software or other content that: (1) violates or infringes upon the rights of others, or could assist others in violating or infringing upon the rights of others; or (2) could assist others in violating or breaking existing laws, rules, and regulations.
(C) You agree to comply with all applicable laws, rules and regulations in connection with the bright.net Forum and Your use thereof, and to cooperate with bright.net and/or law enforcement personnel when requested.
(D) You agree to abide by U.S. export control laws. You may not transfer, by electronic transmission or otherwise, any content or software that is restricted under those laws to a person, entity, or national destination prohibited thereby (currently, Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria or national thereof) without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to bright.net any data or software that cannot be exported without prior written government authorization and notification of bright.net, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.
(E) The following forms of conduct are absolutely prohibited:
(1) uploading, posting, e-mailing or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(2) harming minors in any way;
(3) impersonating any person or entity, including, but not limited to, a bright.net official, forum leader, guide or host, or falsely stating or otherwise misrepresenting Your affiliation with a person or entity;
(4) forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the bright.net Forum;
(5) uploading, posting, e-mailing or otherwise transmitting any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(6) uploading, posting, e-mailing or otherwise transmitting any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(7) uploading, posting, e-mailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
(8) uploading, posting, e-mailing or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(9) disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the bright.net Forum are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges;
(10) interfering with or disrupting the bright.net Forum or servers or networks connected to or used by the bright.net Forum, or disobeying any requirements, procedures, policies or regulations of networks connected to the bright.net Forum;
(11) intentionally or unintentionally violating any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(12) "stalking" or otherwise harassing another; or
(13) collecting or storing personal data about other users without their consent.
bright.net in its sole discretion may change or discontinue any or all aspects of the bright.net Forum without notice, including access to support services, content, and other products or services ancillary to the bright.net Forum. bright.net may also, in its sole discretion and at any time, discontinue providing the Forum and/or any Feature, or any part thereof, with or without notice to You. You acknowledge that bright.net may establish general practices and limits concerning use of the Forum, including without limitation the maximum number of days that message board postings or other uploaded content will be retained by the Forum, the maximum number of postings that may be sent from or received by an account on the Forum, the maximum size of any posting that may be sent from or received by an account on the Forum, the maximum disk space that will be allotted on bright.net's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Forum in a given period of time. You agree that bright.net has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Forum. You acknowledge that bright.net reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that bright.net reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
YOU EXPRESSLY AGREE THAT USE OF THE BRIGHT.NET FORUM IS AT YOUR SOLE RISK. NEITHER BRIGHT.NET NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE FORUM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES BRIGHT.NET OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE FORUM. THE FORUM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES (IF ANY) WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS FORUM TOS, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER BRIGHT.NET NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE FORUM, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH SHALL, ALSO, APPLY TO ALL CONTENT OR OTHER SERVICES AVAILABLE THROUGH THE FORUM. YOU AGREE THAT YOU WILL NOT, IN ANY WAY, HOLD BRIGHT.NET RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE FORUM (INCLUDING THOSE WITH WHOM BRIGHT.NET MAY CONTRACT TO OPERATE VARIOUS AREAS ON THE FORUM). YOU EXPRESSLY ACKNOWLEDGE THAT BRIGHT.NET SHALL HAVE NO LIABILITY OF ANY KIND FOR ITS GOOD FAITH COOPERATION WITH LAW ENFORCEMENT IN RESPONSE TO PROPER REQUESTS OR, WHERE AUTHORIZED BY LAW, ON BRIGHT.NET'S OWN INITIATIVE. FINALLY, YOU AGREE THAT BRIGHT.NET WILL NOT BE LIABLE IN ANY WAY, AND RELEASE BRIGHT.NET FROM ALL LIABILITY FOR, THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY ELECTRONIC COMMUNICATION TO OR FROM YOU.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BRIGHT.NET IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL BRIGHT.NET'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE BRIGHT.NET FORUM EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE USE OF THE BRIGHT.NET FORUM.
BRIGHT.NET AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE BRIGHT.NET FORUM, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR REGISTRATION FOR THE BRIGHT.NET FORUM. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF BRIGHT.NET HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BRIGHT.NET AND ITS SUPPLIER'S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT FOR OFFERS EXPRESSLY MADE OR GUARANTEED BY BRIGHT.NET, BRIGHT.NET AND ITS SUPPLIERS DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE FORUM AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You shall indemnify and hold harmless bright.net and any of its underlying service providers, information providers, licensors, licensees, employees, associated third parties, or agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to Your use of the bright.net Forum, or any act, error, or omission of You or any user of Your Account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Forum; initiation or facilitation of unsolicited commercial e-mail or "spam," whether through the bright.net Forum or otherwise; fraud or deceptive trade practices; unauthorized use of or access to the bright.net or other computer system or systems; violation of any applicable law, rule, or regulation; or failure to cooperate with bright.net or law enforcement personnel when requested.
You retain any copyright, trademark, patent or other intellectual property rights in the material or the products, services, processes or technology created by You and posted or uploaded to the bright.net Forum. bright.net reserves the right to use and/or copy such material in the day-to-day operation of its business.
You may use, copy and distribute the materials found on the Forum for internal, noncommercial, informational services only. All copies that You make of the material must bear any copyright, trademark or other proprietary notice, which pertain to the material being copied. Except as authorized in this paragraph, You are not granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by bright.net, its affiliates and/or any third party owner of such rights.
The bright.net company names and logos and all related product and service names, design marks and slogans are the property of bright.net or its affiliates. You are not authorized to use any bright.net name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of bright.net.
Any feedback, data, answers, questions, comments, suggestions, ideas or the like, which You send to bright.net will be treated as being non-confidential and nonproprietary. bright.net assumes no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. bright.net will also be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services incorporating such information. bright.net may also use Your status as a subscriber to the Service for the purpose of marketing to You other bright.net products and services.
The bright.net Copyright Policy is a part of this Forum TOS and is incorporated herein by reference.
All product and service marks contained on or associated with the bright.net Forum that are not bright.net marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply bright.net's endorsement, sponsorship. or recommendation of the third party, information, product or service. Because bright.net has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, You acknowledge and agree that bright.net is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; and (3) the goods or services offered via these third-party sites. Accordingly, You acknowledge and agree that bright.net shall not be responsible or liable to You in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to Web sites and/or the quality of any goods or services offered by or through any linked-to third-party site.
You are responsible for obtaining and maintaining at Your expense all equipment and services needed to access the bright.net Forum.
bright.net shall not be responsible for any delay in delivery or performance of any of its duties hereunder due to acts of God, acts or omissions of any telephone network or any other occurrence commonly known as force majeure, or because of bright.net's cooperation with law enforcement.
Your right to use the bright.net Forum is not transferable and is subject to any limits established by bright.net. Moreover, You agree not to reproduce, duplicate, copy, sell, or resell any portion of the bright.net Forum.
No action, regardless of form, arising out of the bright.net Forum or this Forum TOS may be brought by You or any party claiming by, through or under You more than one year after the cause of action has arisen.
This Forum TOS and the bright.net Forum shall be governed by the laws of the State of Ohio, without regard to its conflicts of law provisions. By using the bright.net Forum, You agree that any disputes between You and bright.net shall be brought exclusively in the State of Ohio or the United States District Court for the Northern District of Ohio and consent to jurisdiction therein.
In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions, or subparagraphs contained herein shall be held invalid, this Forum TOS shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (i.e., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).
This Forum TOS sets forth and contains the entire agreement with regard to the matters set forth herein between You and bright.net. There are no promises, terms, conditions, or obligations other than those contained herein.
The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.
The waiver by one party of a breach of any provision of this Forum TOS by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.
Please report any violations of bright.net's policies, contracts, or rules to abuse@bright.net.
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