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YankeMike

02/24/10 11:30 AM

#10109 RE: bayfisherii #10108

Investors Hub Terms of Use - Detailed Version | Simplified Version

InvestorsHub.com, Inc. ("iHub") and its employees assume no responsibility for the accuracy, completeness, objectivity, or usefulness of the information presented on our site. We do not endorse any recommendation or opinion made by any member, nor do we advocate the purchase or sale of any security or investment. You are responsible for your own investment decisions.

That being said, let’s get into the rules of the game...

Acceptance of the User Agreement
We reserve the right to modify, remove, or extend any or all parts of the User Agreement at any time without notice. Your use of the site after the posting of any change to the User Agreement will be considered an acceptance of the change(s).
When initially registering for the site, you must select a user name and password. Each user name will be unique, currently case insensitive. We have the right to refuse granting any user name that impersonates someone else's, or that we feel is not in good taste or is otherwise inappropriate. Choose a good password, no easily guessed by anyone else! We are not responsible for any user impersonation. If you have concerns or feel you are being impersonated, please notify: support@investorshub.com
By accepting the User Agreement, you agree to provide accurate registration information in the iHub Registration Page. Failure to maintain an accurate email address may result in your immediate removal from the site. Please keep this updated via your Profile.
By accepting the User Agreement, you warrant that you have no other activated registration(s) with iHub. You also agree to maintain only one registration with iHub. Determination of multiple account usage by alleged related persons or persons originating from common locations is at the sole discretion of iHub.
Failure to follow the User Agreement will result in your immediate termination from iHub. If you forget your user name or password, please contact: support@investorshub.com
Using Information on iHub
iHub provides users an area to discuss financial-related information, views, opinions, and the recommendations of individuals and organizations.
The "rules of the road" are fairly simple in principle. Conduct yourself generally as you would at a gathering where polite people might attend. Watch your language. Avoid rudeness and flame wars. Stay on topic and stick to posts relevant to the board on which you are participating. Otherwise, behave legally, morally and ethically.
You are completely responsible for your own investment decisions and who and what you believe on the boards. The boards are designed to help you gain the information edge you need to help you make your own decisions. You are responsible for properly analyzing and verifying any information you choose to rely upon.
iHub does look at messages posted by its members. We do reserve the right to monitor or remove any post, at any time, which is in violation of the User Agreement or clearly detracts from the value of the community, without notice. We also reserve the right to terminate any member's membership at any time, without notice or refund.
Members should be aware that other members may not be who they say they are. We strive very hard to make sure members post under only one alias, but there is no guarantee our efforts will always be successful. iHub does not perform a background check on any of the alias profiles. We do not guarantee that members' alias profiles contain accurate information. Members should also be aware that other members may use iHub for personal gain. Therefore, everyone should approach messages with appropriate skepticism and objectivity.
Messages posted by individuals may be misleading, deceptive, or in error. If you disagree with a posting, feel free to voice your opinion. It is the policy of iHub to allow our members to freely discuss issues in a free and open manner, and we will not take sides in disagreements or disputes involving our members, so don't try to bribe us. We do however want the conversations to stay civil, on topic, and insightful. They will be placed on a special archive for reference purposes. You may disagree about a topic or issue, but stay objective and do not turn it into a personality battle.
iHub has only moderated boards and it is largely a self-policing discussion site, which means that our site administrators will respond and react to communications received from members regarding violations of the Terms of Use. Upon receipt of such communications, the iHub Admin can and may take appropriate action (at their sole discretion), including, but not limited to the removal of post(s) and the suspension or termination of account(s). Chances are - if you're honest, sincere, and civil with your posts - you will never have to worry about having a post removed.
Board lead moderators have the ability to add and remove assistant moderators. iHub reserves the right to assign and remove both lead and assistant moderators from any board at any time at its sole discretion. Neither origination of a board nor availability of moderator/assistant positions on a board guarantee the ability to assume or retain any moderator position.
Site Admins are available to assist Members and to oversee the application of this User Agreement and the site's operating policies. They are not here to be the target of abusive communications, including but not limited to attacks and threats against them or iHub. Please refer to User Handbook - Communicating with iHub Admins for the various methods of contacting site Admins.
If you believe a message has been intentionally posted in violation of securities laws you should contact the Securities and Exchange Commission (SEC). The SEC's e-mail address for complaints is enforcement@sec.gov. Their mailing address is: SEC Division of Enforcement Complaint Center Mail Stop 7-10 450 Fifth St., NW Washington, D.C. 20549 1-800-SEC-0330 (toll free) 202-942-9570
You should be aware of the possible risks of on-line investing and market analysis. The SEC and FINRA provide content on avoiding online investment schemes aimed at taking advantage of unsuspecting investors. It is the mission of the U.S. Securities and Exchange Commission is to protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation. The SEC maintains an advisory page for online investors and the Microcap Stock: A Guide for Investors which contains information about OTC and Pink Sheet stocks. Financial Industry Regulatory Authority provides analysis on how to invest carefully in the electronic world.
Professional/Commercial Members - Disclosures and Disclaimers
Some iHub members reflect an Investor Relations Professional (IRP) designation. IRPs are professional businesspersons providing investor awareness, investor relations, or any other compensated promotional service or activity relating to a publicly traded stock. IRPs may be compensated to provide those services by either the company (stock) they are promoting or some other interested party. There are no umbrellas; anyone who is compensated to promote a stock, even if by another IRP, must carry their own IRP status. IRP's pay iHub a fee (typically $95/month) for their commercial use of the site. The IRP status provides them the means to include a notice and link to their legally required Disclosure/Disclaimer. If a post qualifies for a Disclaimer/Disclosure, it is the IRP's responsibility to mark their posting accordingly.

While iHub requires all professional members to declare their status and maintain an active IRP subscription while engaged in any regulated activities on the site, we cannot guarantee that all do. The absence of an IRP Disclosure/Disclaimer should not be construed to indicate the poster is not subject to 17(b) requirements. InvestorsHub does not track promotional activity engaged in by IRPs and we are not party to any such agreements nor do we receive compensation for specific promotions. Our IRP subscription fees (described above) is assessed for their commercial use of the site and providing them the means to include any legally required Disclosures/Disclaimers with their posts. Refer to About IRPs for more information and a listing of current and former IRPs.

Member Conduct
Your conduct when using iHub should reflect an appropriate respect and consideration for the other members of the site.
iHub reserves the right to remove or restore posts at its sole discretion. It is members' responsibility to bring violations of the User Agreement by other members to iHub's attention, although iHub does not guarantee any action based on such information.
By posting information in or otherwise using any communications service, chat room, message board, newsgroup, other interactive service that may be available to you on or through this site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts or otherwise violates Investors Hub's rules or policies;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. If you believe your copyright or intellectual property rights have been infringed, please refer to our Copyright and Intellectual Property Agent for Notice page.
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
impersonates any person or entity, including any employee or representative of Investors Hub.
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
harvests or collects information about the users or members of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications or any other purpose.
misuses the words "your" and "you're."
constitutes spam or off-topic content, which are defined as:
Posting the same or similar content to more than two (2) boards within a calendar day;
Sending the same or similar unsolicited PM to multiple recipients;
Continually posting the same or similar information;
Posting content that is off-topic to the subject of a board;
Posting statements that do not add value to the discussion;
Posting excessively on one or more message board(s).
constitutes a personal attack, which is defined as:
Posting harassing or otherwise objectionable content about another member;
Calling another member names;
Not staying on topic with the current investment discussion, but instead focusing on an individual member;
is abusive, threatening, vulgar, obscene, or otherwise objectionable.
For disputes regarding the rules or deletions, contact one of the site Admins.
Privacy Policy
Account Information: Be aware that the identifying information specific to your use of Investors Hub, including your IP address, name, and email address will be delivered when requested by a legal subpoena. If the subpoena is for a civil matter, you will be notified immediately by email and/or a message sent to your iHub account so that you may seek to prevent our delivery of this information or quash the subpoena.
Credit Card Information: When and if you purchase a subscription to Investors Hub, you do so via a third-party processor. We are never in possession of your credit card number and will not and can not give this information to any other party. If you are considering demanding this information via subpoena -- don't ask, because we don't have it.
Private Messages: If you are a paying subscriber to Investors Hub, you are able to send and receive private messages using our database system. Our policy is that we will not deliver the contents of private messages to anyone, even when demanded via subpoena. As a user of Investors Hub, understand that this is no guarantee that we won't someday be forced by a court to deliver this information. It hasn't happened yet, but please be advised that it is possible.
Third Party Advertising: We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
Third Party Cookies: In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique “cookie” on your browser.
Email Addresses: We will send you occasional updates about the site, various market update information from us and our parent company, ADVFN, and select advertising via email. In any such email you will have an "opt-out" link you can use to remove yourself from the lists for any and all specific types of emails we may send. We send the emails ourselves and do NOT give or sell your email address to marketers or anyone else.
Special Rules & Message Deletions
There is only one board allowed, per security. IH Admin reserves the right to remove any board at any time.
Moderators of stock-specific boards are allowed to immediately remove any post for Admin review that falls into the following categories: Duplicate, Personal Attack, Spam, and Off-Topic. Each hidden/removed post is reviewed by Admin and either left removed or restored.
Moderators of non-stock-specific boards in the Premium parts of the site are allowed to remove any post that falls into the following categories: Duplicate, Vulgarity, Off Topic, Personal Attack, Violation of Privacy, Threat, and Thread Disruption. Each hidden/removed post is reviewed by Admin and either left removed or restored. We do reserve the right to intervene if we see blatant abuse of these features.
The JXM Rule: No posts will be allowed to be removed after a 24-hour period starting from the posts’ timestamp, unless good reason is given to the iHub Administrator.
Moderators/founders of premium boards have the ability to ban anybody from their board without any approval, though Admin reserves the right to ban/unban from any board at any time.
Off topic and political boards are largely run at the whim of the Moderator. Our gravy train is stock discussions, so we put most of our monitoring effort into those boards. We will rarely respond to TOS reports or problems on the political boards unless they become a major problem. What happens on the political boards needs to stay there, and not be dragged to other boards.
Private Messages are not to be posted publicly unless you have permission from the author.
Should you have a post removed, and you disagree, or want to know why, we ask that you take this up with IH Admin privately and *not* on the board on which it happened.
Use of Content
The content available throughout the site is the property of InvestorsHub.com, Inc. and is protected by copyrights and trademarks. You agree not to reproduce, transmit, repost, distribute, sell, publish, broadcast, or in any other way use any of the content without our written consent.
You agree that upon posting information on the site, you grant and assign InvestorsHub.com, Inc. and their successors a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, whole or part, without any duty to account to you.
Members found to be or attempting to manipulate statistical data, data of other Members, or harvesting information of other users, whether programmatically or via posting of content will be subject to suspension and/or termination.
In order to minimize abusive behavior, iHub may block some activities (such as posting messages) when they originate from certain domains and IP addresses. Affected users can periodically apply to be exempted from the blocks. Exemption are evaluated on a case-by-case basis and will only be granted to users who post on stock-specific, trading, or sector boards and do so in compliance with iHub's rules of conduct.
Termination
You agree that we may terminate or suspend your access to the site for any reason under the terms of the User Agreement, without refund of any previously-paid subscription fees.
You agree that iHub may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Terms of Use or any subsequent modifications, or attempted assignment of your account by you. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your membership account and may be referred to appropriate law enforcement authorities. iHub shall not be liable to you or any third party for the termination of Service or any claims related to the termination of Service.
Should you object to any terms and conditions of these Terms of Use or any subsequent changes to the terms and conditions or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify iHub of termination by sending an e-mail to: support@investorshub.com. Continued use of the Service is an acceptance of the Terms of Use and all or any subsequent changes.
Fees and Payment
Your membership is personal to you, and you may not assign or otherwise transfer your rights or obligations to anyone.
You certify that you are 18 years old or older and you agree to be responsible for and pay any charges incurred in connection with your user name and password.
Your membership shall continue until iHub receives notice of termination from you or iHub exercises its rights of termination as described in the Terms of Use.
iHub reserves the right to change at any time the membership fees and billing methods.
Subscription fees will not be refunded under any circumstances, including, but not limited to account suspension and/or termination.
Indemnification
You agree to indemnify and hold InvestorsHub.com, Inc., its officers, owners, agents, employees, and affiliates harmless from any claim or demand made by any third party due to or arising out of your use of the site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Disclosure of Your Identity
From time to time we receive requests to disclose the identities of our users. We do not disclose the identities of our users unless we are legally required to do so.
If a governmental agency (for example, the Securities and Exchange Commission, law enforcement agencies, US Attorneys' offices or similar governmental agencies) sends us a subpoena, we will comply with it. If we receive a subpoena by a third party that is not a governmental agency (for example, a subpoena in connection with civil litigation), we will attempt to contact the user whose identity has been requested using the contact information the user provided during the registration process. We will wait 10 days after notifying the user before complying with the subpoena by disclosing the identity of the user, unless the subpoena requires us to disclose this information before then. If we cannot wait 10 days because of the deadline in the subpoena, we will advise the user of the deadline included in the subpoena when we provide notice that we received it.
Subpoena Process: If you plan to submit a subpoena to us, please understand the following: 1) There is a $150/hr charge for us to read and/or comply with a subpoena. The minimum fee is $300, plus production expenses. 2) Private messages can not be part of a subpoena or any other kind of inquiry. If you have any questions, please e-mail us. But be realistic with your questions and requests. These lawsuits are a waste of time and nearly always get quashed. Save yourself the expense.
Governing Law & Jurisdiction
This site (excluding any linked sites) is controlled by us from within the United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from one another, by accessing this site both of us agree that the statutes and laws of the State of Florida, USA, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the services available through this site. You agree and hereby submit to the exclusive personal jurisdiction and venue of the State and Federal Courts of Florida. Moreover, by using the Site, you waive all rights you or companies you own or control may have under the laws of other states or countries.
Disclaimer
USER EXPRESSLY AGREES THAT USE OF SITE IS AT USER'S SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INVESTORSHUB.COM, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. INVESTORSHUB.COM, INC. MAKES NO WARRANTY THAT THE SITE WILL MEET USER'S REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES INVESTORSHUB.COM, INC. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INVESTORSHUB.COM, INC. OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOADING OF ANY FILES ON THE SITE OR ANY EXTERNAL LINKS AVAILABLE ON THE SITE. Limited Liability INVESTORSHUB.COM, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR MESSAGES RECEIVED OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF INVESTORSHUB.COM, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.