The xenocom.com Message Forums, Real-time Chat Rooms, and other user contributed/comment areas ("Forums") are provided as a service to members of our community. By using or participating on the Forums, you agree to this User Agreement including but not limited to the Rules of Conduct and the Terms of Service stated below. For purposes of this agreement, "User" refers to any individual posting on or otherwise using the Forums and xenocom.com refers to any or all of xenocom.com and their authorized representatives.

xenocom.com reserves the right to change the Rules of Conduct, Terms of Service and all other parts of this User Agreement at its sole discretion and without notice.

xenocom.com has the right but not the obligation to monitor and/or moderate the Forums.

As a standard operating procedure, xenocom.com does not enter into correspondence, discussions or other communication, either public or private, about xenocom.com Board policies, individual moderators, enforcement or application of the User Agreement, bans or other sanctions, etc.

RULES OF CONDUCT

User agrees not to post material that is knowingly false and/or defamatory, misleading, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, that otherwise violates any law, or that encourages conduct constituting a criminal offense.

User agrees not to post any material that is protected by copyright, trademark or other proprietary right without the express permission of the owner(s) of said copyright, trademark or other proprietary right.

User agrees not to use nicknames that might be deemed abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise inappropriate. User agrees not to use nicknames that might mislead other Users. This includes but is not limited to using nicknames that impersonate developers, staff, or other Users.

TERMS OF SERVICE

User acknowledges and agrees that use of the xenocom.com Boards is a privilege, not a right, and that xenocom.com has the right, at its sole discretion, to revoke this privilege at any time without notice or reason. User agrees that this Agreement in its entirety applies to both public and private messages.

The goal of the Forums is to foster communication and the interchange of ideas within the User community. User agrees and acknowledges that any posts, nicknames or other material deemed offensive, harassing, baiting or otherwise inappropriate may be removed at the sole discretion of xenocom.com.

User authorizes xenocom.com to make use of any original stories, concepts, ideas, drawings, photographs, opinions and other creative materials posted on the Forums without compensation or other recourse. User also agrees to indemnify and hold harmless xenocom.com and our agents with respect to any claims based upon or arising from the transmission and/or content of your message(s).

xenocom.com has the right but not the obligation to monitor and/or moderate the Forums, and offers no assurances in this regard.

xenocom.com is not responsible for messages posted on the Forums or the content therein. We do not vouch for or warrant the accuracy, completeness or usefulness of any message. Each message expresses the views of its originating User, not necessarily those of xenocom.com. Unless expressly stated otherwise by a senior xenocom.com representative such as the Editor in Chief, this includes messages posted by xenocom.com personnel, agents, delegates, representatives et al.

Any User who feels that a posted message is objectionable is encouraged to contact us. We have the ability to remove messages and we will make every effort to do so within a reasonable time if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to act immediately. Removal of messages is at the sole discretion of xenocom.com.

The appropriate individual to contact is usually the editor of the site associated with the board where the message in question is to be found. As a standard operating procedure, xenocom.com does not enter into discussions, either public or private, about Forum policies, individual moderators, bans or other sanctions, etc.

xenocom.com reserves the right to reveal the identity of and/or whatever information we know about any User in the event of a complaint or legal action arising from any message posted by said User.

Advertisements, chain letters, pyramid schemes and other commercial solicitations are inappropriate on the Forums.

xenocom.com does not permit children under the age of 13 to become members, post home pages or web sites on our service.

Members who want to use our free services and tools must agree to accept our email messages as part of their free service. We also require that our banner ads are displayed.

xenocom.com provides members with unlimited database storage space which is defined as textual data stored within our database engine.

We only use email to inform you of new membership benefits and features, to let you know of urgent problems on our site, and to present special members-only opportunities to buy products and services that are appropriate to the interests of our communities. And we keep these messages to a minimum. If you elect not to receive our email messages by removing yourself from our mailing list, you forfeit ALL of your xenocom.com membership benefits including any and all free services that xenocom.com offers including but not limited to the xenocom.com web hosting service.

xenocom.com is not responsible for the content posted by xenocom.com members or visitors on any area of our site including without limitation, homepages, chat rooms, message boards and email account. The opinions and views expressed by xenocom.com's members or visitors. do not necessarily represent those of xenocom.com and xenocom.com does not verify, endorse, or vouch for the content of such page(s). Further, xenocom.com is not responsible for the delivery or quality of any goods or services sold or advertised through or on xenocom.com members' page(s). If you believe that any of the content posted by our members or visitors violates your proprietary rights, including copyrights, please contact our Designated Agent to Receive Notification of Claimed Infringement identified on our site.

You are solely and fully responsible for any content that you post any area of our site. We do not regularly review the contents of materials posted by our members or other visitors to our site. We strictly prohibit the posting of the following types of content on all areas of our sites:

• nudity, pornography, and sexual material of a lewd, lecherous or obscene nature and intent or that violates local, state and national laws.

• any material that violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyright or trademark rights; this includes "WAREZ" (copyrighted software that is distributed illegally), "mp3" files of copyrighted music, copyrighted photographs, text, video or artwork. If you don't own the copyright or have express authorization and documented permission to use it, don't put it on your site at xenocom.com (if you do have express permission you must say so clearly on your xenocom.com homepage). xenocom.com will terminate the memberships of, and remove the pages of, repeat infringers.

• any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable; including posting other peoples' private information.

• content that promotes, encourages, or provides instructional information about illegal activities---specifically hacking, cracking, or phreaking.

• any software, information, or other material that contains a virus, "Trojan Horse", "worm" corrupted data, or any other harmful or damaging component;

• hate propaganda or hate mongering, swearing, or fraudulent material or activity;

xenocom.com is the final arbiter of what IS and IS NOT allowed on our site. Further, xenocom.com reserves the right to modify or remove anything submitted to xenocom.com, and to cancel any membership, at any time for any reason without prior notice. xenocom.com is not obliged to maintain back-ups copies of any material submitted or posted on our site. Actions or activities that may cause termination of your membership and/or removal of your page(s) include, but are not limited to:

• posting or providing links to any content which violates our Terms of Service:

• conducting or providing links to any raffle, contest, or game which violates any local, state or national laws;

• displaying on your page any paid advertising or other paid sponsorship banner other than a xenocom.com affiliate program or affiliate partner.

• restricting access to your xenocom.com page(s) or files only to users with passwords.

• using in the registration of your xenocom.com membership an email account that is not your own or that is or becomes inactive.

• violating the xenocom.com Terms of Service. Please read and familiarize yourself with the xenocom.com Terms of Service.

• Sending unsolicited email using a xenocom.com address or containing any reference to your xenocom.com home page.

• reproducing, distributing, republishing or retransmitting material posted by other xenocom.com members without the prior permission of such members.

You grant to xenocom.com and its affiliates a royalty-free, perpetual, irrevocable, nonexclusive, worldwide, unrestricted license to use, copy, modify, transmit, distribute, and publicly perform or display the submitted pages or other content for the purposes of displaying such information on xenocom.com's sites and for the promotion and marketing of xenocom.com's services. xenocom.com disclaims ownership of member sites and will not resell or otherwise convey these.

xenocom.com makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the xenocom.com service. IN NO EVENT WILL XENOCOM.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE XENOCOM.COM'S SERVICES OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, XENOCOM.COM'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON XENOCOM.COM'S SITE FOR ANY REASON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED; ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of Colorado, United States, as such law applies to agreements between Colorado residents entered into and to be performed within Colorado. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in the State of Colorado, United States, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.

xenocom.com reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting any content, including without limitation, homepages, message-board postings, or any chat room statements you signify your agreement to these Terms of Service.