1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

The Topb.net Portal Services ("Services"), owned and operated by Topb.net, are provided to you ("User") under the terms and conditions of this Portal Services Terms of Service ("TOS") and any operating rules or policies that may be published by Topb.net. The TOS comprise the entire agreement between User and Topb.net and supersede all prior agreements between the parties regarding the subject matter contained herein.

2. DESCRIPTION OF THE SERVICES

Topb.net agrees to provide Users one or more of the following Services via the Topb.net sites: electronic mail ("email"), chat, message board, mailing list, calendar, greeting card, WAP, web hosting. User must: (a) provide all equipment, including a computer and modem, necessary to establish a connection to the Web; (b) provide for User's own access to the Web and pay any telephone or other connection and service fees associated with such access.

2.1 Advertising

Topb.net may serve advertisements to this site or work with a third party to serve the advertisements. Advertisements placed on the Topb.net site may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships.

User agrees that Topb.net has the right to run such advertisements and promotions. Your correspondence or business dealing with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other representations associated with such dealings, are solely between you and such advertiser. You agree that Topb.net shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

Privacy protection is Topb.net's number one priority. It's completely anonymous. And Topb.net does not store any data that is considered sensitive or controversial (specific medical and financial information, adult content, sexual preference, etc.) 

2.2 Email Marketing

Topb.net and/or third parties may, from time to time, send email messages to Users containing advertisements, special promotions, and other marketing materials ("Email Marketing Programs") based on the agreed terms between Topb.net and its selected partner(s). Topb.net has the right to partner with any email marketers to provide these Email Marketing Programs or Opt-In Email Programs.

3. PRIVACY POLICY

In consideration for the Services, User agrees to: (a) provide certain current, complete, and accurate information about User as prompted to do so by the Services and (b) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration information ("Registration Information"). This Registration Information will be owned by Topb.net and any of its co-branding partners if applicable. If any information provided by User is inaccurate, Topb.net retains the right to terminate User's membership and rights to use the Services.

4. MODIFICATIONS TO TERMS OF SERVICE

Topb.net reserves the right to modify the terms and conditions of the TOS at any time and at its sole discretion. Topb.net will post any update[s] to the TOS on this Web site. By continuing to use the Services, User agrees to be bound by the amended TOS.

5. MODIFICATIONS TO THE SERVICES

Topb.net reserves the right to modify or discontinue the Services, or any portion thereof, at any time, with or without notice to User. Topb.net shall not be liable to User or any third party should Topb.net exercise its right to modify or discontinue the Services.

6. USER ACCOUNT, PASSWORD, AND SECURITY

User is entirely responsible for maintaining the confidentiality of User's password and account, and for any and all activities which occur under User's account or password. User agrees to immediately notify Topb.net of any unauthorized use of User's account, password, or any other breach of security known to User.

User may change his/her password or profile by following instructions on the system.

7. DISCLAIMER OF WARRANTIES

Topb.net provides the Services on an "as is" and "as available" basis, and User uses such Services at his/her sole risk.

Topb.net makes no warranty that the Services will meet User's requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor does Topb.net make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected.

Topb.net expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Services is done at User's own discretion and risk. Topb.net is not responsible for User's computer system or loss of data that results from the download of such material and/or data.

Topb.net makes no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services.

No advice or information, whether oral or written, obtained by User from Topb.net shall create any warranty not expressly made herein.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to User.

8. LIMITATION OF LIABILITY

Topb.net will not be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence) strict product liability, or otherwise, even if Topb.net has been advised of the possibility of such damages.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to User.

9. DATA STORAGE AND OTHER LIMITATIONS

Topb.net has set no fixed upper limit on the number of messages a User may send or receive through the Services; however, Topb.net retains the right, at its sole discretion, to determine whether or not User's conduct is consistent with the letter and spirit of the TOS and may terminate Services if Topb.net determines in its sole discretion that User's conduct is inconsistent with the TOS. Topb.net ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE, DELIVER, OR TIMELY DELIVER EMAIL MESSAGES.

10. USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Topb.net, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Topb.net does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable.

You agree to not use the Services to:

(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) impersonate any person or entity, including, but not limited to, Topb.net official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);

(e) upload, post or otherwise transmit 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);

(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;

(h) upload, post or otherwise transmit 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;

(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, 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;

(l) "stalk" or otherwise harass another;

(m) collect or store personal data about other users; or

(n) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.

11. INDEMNIFICATION

User agrees to indemnify, defend (at Topb.net's request), and hold Topb.net, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made or brought by any third party due to or arising out of User's use of the Services or any part thereof, the violation of this TOS or any provision therein by User, or the infringement or misappropriation by User, or a third party using User's computer, account or password to access and/or use the Services, of any Intellectual Property Rights of any person or entity, or the use or misuse by the User or third parties of User's passwords or accounts.

12. PROPRIETARY RIGHTS TO CONTENT

User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to User by the Services ("Content") by Topb.net, Topb.net's advertisers, or other Topb.net Users may be protected by copyrights, trademarks, patents or other proprietary rights and laws; therefore, User is only permitted to use this protected Content as expressly authorized by the owner of the Content ("Owner"), the Services or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Owner, the Services or the Advertiser.

13. TERM AND TERMINATION

Either User or Topb.net may wish to discontinue the Services with or without cause at any time, effective immediately upon written notice to the other party. Topb.net shall not be liable to User or any third party for termination of the Services.

Should User object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Services in any way, User's only recourse is to immediately:

(1) discontinue use of the Services;

(2) terminate Services Usership.

14. NOTICE

All notices to a party shall be in writing and shall be made either via online announcements, email, or conventional mail. Topb.net may broadcast notices or messages through the Services to inform User of changes to the TOS, the Services, or other matters of importance; such broadcasts shall constitute notice to User.

15. LAW

The TOS shall for all purposes be governed by and interpreted in accordance with the laws of the USA, excluding its conflict of law provisions. User and Topb.net agree to submit to the exclusive jurisdiction of the courts of the USA. Topb.net's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Topb.net in writing.

16. ASSIGNMENT

No right may be assigned, and no duty may be delegated, by either party under this Agreement except upon the written consent of the other party and any attempted assignment and delegation without such consent shall be void and without effect. Notwithstanding the foregoing, however, Topb.net shall be entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise. This TOS shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.

17. NO AGENCY

Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.

18. SEVERABILITY

If any provision(s) of the TOS is/are held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

19. WAIVER

Any waiver (express or implied) by either party of any breach of this TOS shall not constitute a waiver of any other or subsequent breach. No provision of the TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving party.

20. STATUTE OF LIMITATIONS

User and Topb.net agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

21. TITLES

The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significances.