Terms and Conditions
The following are the terms of service for use of the Bos.tn service (“Bos.tn,” “the service,” “we,” or “us”). These terms of service set forth the legally binding terms and conditions for your use of the service.
1. By registering or using the service in any matter, including but not limited to visiting, browsing and using the service’s short link generator, you agree to these terms of service and all other operating rules, policies and procedures that may be published from time to time on the service, and which may be updated from time to time without notice to you.
2. Certain service may be subject to additional terms and conditions; your use of such services is subject to those additional terms and conditions.
3. Bos.tn reserves the right, at its sole discretion, to modify or replace any of these terms of service; or to change, suspend, or discontinue the service (or any component or feature thereof) at any time without notification. Bos.tn may also impose limits on the use of, or restrict access to, any part or all of the service without notice or liability. It is your responsibility to check these terms of service for changes.
4. You represent and warrant that you are at least 18 years of age. If you are under the age of 18 you may not under any circumstances use this service.
5. The services are offered for your use only, and not for the benefit of any third party.
6. You are solely responsible for ensuring that these terms of service are in compliance with all laws, rules and regulations applicable to you, and the right to access the service is revoked to you where these terms of service or any use of the service is incompatible with our terms of service.
7. You are solely responsible for maintaining the accuracy of your account information, and for your account security. You agree to notify us immediately of any change in your account information (such as email address) or of any potential breach of security.
8. You agree to each of the following --
1. You will not use the service in any manner prohibited by these terms of service, or prohibited by law.
2. You will not use the service in any way which infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty.
3. You will not use the service in any way which is unlawful, such as content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or tortuous.
4. You will not use the service in any way which constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”).
5. You will not distribute through the service software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Bos.tn or any third party.
6. You will not impersonate any person or entity, including any employee or representative of Bos.tn.
7. You will not distribute anyone’s identification documents or sensitive financial information.
8. You will not take any action which imposes, or may impose, an unreasonable or disproportionately large load on Bos.tn’s infrastructure. What is unreasonable or disproportionately large is determined by Bos.tn at its sole discretion.
1. Bos.tn may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Bos.tn has no special relationship with or fiduciary duty to you. You acknowledge that Bos.tn has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Bos.tn from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Bos.tn makes no representations concerning any Content contained in or accessed through the Services, and it will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
2. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BOS.TN, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): BOS.TN MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES. Bos.tn will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Bos.tn’s equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.
3. You shall defend, indemnify, and hold harmless Bos.tn, its affiliates and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or which otherwise arise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Bos.tn reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with Bos.tn in asserting any available defenses.
4. IN NO EVENT SHALL BOS.TN, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SUCH LIABILITY EXCEED ANY DAMAGES IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100.00) IN THE AGGREGATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
5. These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Suffolk County, Massachusetts.
1. Force Majeure. Bos.tn shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Bos.tn’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
2. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with Bos.tn’s prior written consent. Bos.tn may assign, transfer or delegate any of its rights and obligations hereunder without consent.
3. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
4. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
5. No Waiver. The failure of Bos.tn to enforce any part of these Terms of Service shall not constitute a waiver of its right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance, does not mean that we will do so in the future. In order for any waiver of compliance with these Terms of Service to be binding, Bos.tn must provide you with written notice of such waiver, provided by one of its authorized representatives.