MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a product or service offered on BoomTribe.com requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify BoomTribe immediately of any unauthorized use of your account or any other breach of security. BoomTribe will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BoomTribe or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

BoomTribe reserves the right to change the terms, conditions, and notices under which the Services are offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of the BoomTribe email account constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the BoomTribe email account is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the BoomTribe email account. Without the advance express written permission of BoomTribe, send, or cause to be sent, any automated queries of any sort to the BoomTribe email account, or use the BoomTribe email account in any commercial manner.

Your account will be cancelled and your ISP will be contacted and informed that your account was used in breach of the laws of Barbados. We will not press charges but we will request that your account be limited and your exposure to prosecution for facilitating illegal activity. Once your account has been flagged *porn* or *copyrighted music*, the email is sent to the ISPs administrator and copied to the legal department automatically. We will not allow anyone to jeopardize our business so if you like using the Internet, don't do it. Recurring offenses - we send the email to all the ISPs in your geographical area and all national Internet carriers. Also, note our ability to block fixed IP addresses and monitor last known IP address.

LINKS TO THIRD PARTY SITES

The BoomTribe email account may contain images of and links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of BoomTribe and BoomTribe is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BoomTribe is not responsible for webcasting or any other form of transmission received from any Linked Site nor is BoomTribe responsible if the Linked Site is not working appropriately. BoomTribe is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BoomTribe of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the BoomTribe email account or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. BoomTribe shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the BoomTribe email account, you will not use the BoomTribe email account for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the BoomTribe email account in any manner that could damage, disable, overburden, or impair any (s) (or the network(s) connected to any (s)) or interfere with any other party's use and enjoyment of any (s). You may not attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the BoomTribe email account. You agree to indemnify BoomTribe in respect thereof.

USE OF SERVICES

The BoomTribe services may contain e-mail services, bulletin board services, chat areas, news groups, forums, groups, calendars, photo albums, other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Use any material or information, including images or photographs which are made available through the BoomTribe email account in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Use of meta tag searches on the web site.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an (s) or other user or usage information or any portion thereof.

BoomTribe has no obligation to monitor the Communication Services. However, BoomTribe reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BoomTribe reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

BoomTribe reserves the right at all times to disclose any information as BoomTribe deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BoomTribe's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. BoomTribe does not control or endorse the content, messages or information found in any Communication Service and, therefore, BoomTribe specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BoomTribe spokespersons, and their views do not necessarily reflect those of BoomTribe.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BOOMTRIBE EMAIL ACCOUNT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE BOOMTRIBE EMAIL ACCOUNT AND TO THE INFORMATION THEREIN. BOOMTRIBE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BOOMTRIBE EMAIL ACCOUNT AT ANY TIME. ADVICE RECEIVED VIA THE BOOMTRIBE EMAIL ACCOUNT SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

BOOMTRIBE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE BOOMTRIBE EMAIL ACCOUNT FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BOOMTRIBE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT BOOMTRIBE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN . YOU SPECIFICALLY AGREE THAT BOOMTRIBE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT BOOMTRIBE IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN BY ANY THIRD PARTY.

IN NO EVENT SHALL BOOMTRIBE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BOOMTRIBE EMAIL ACCOUNT, WITH THE DELAY OR INABILITY TO USE THE BOOMTRIBE EMAIL ACCOUNT OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BOOMTRIBE EMAIL ACCOUNT, OR OTHERWISE ARISING OUT OF THE USE OF THE BOOMTRIBE EMAIL ACCOUNT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BOOMTRIBE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BOOMTRIBE EMAIL ACCOUNT, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BOOMTRIBE EMAIL ACCOUNT.

STORAGE SPACE AND OTHER LIMITATIONS

You agree that BoomTribe may establish limits concerning use of any BOOMTRIBE Service offered on an BoomTribe.com, including without limitation the maximum number of days that e-mail messages will be retained by any BOOMTRIBE Service, the maximum number of e-mail messages that may be sent from or received by an account on any BOOMTRIBE Service, the maximum size of an e-mail message that may be sent from or received by an account on any BOOMTRIBE Service, the maximum disk space that will be allotted on BoomTribe's servers on your behalf either cumulatively or for any particular service, such as for storing digital photographs, and the maximum number of times and duration you may access any BOOMTRIBE Service in a given period of time.

You agree that BoomTribe has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any BOOMTRIBE Service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any BOOMTRIBE service may change at any time. You acknowledge that BoomTribe reserves the right to sign out, terminate or delete your accounts for any particular Web site or service within BOOMTRIBE that are "inactive" for an extended period of time. "Inactive" means that you have not signed in to a particular service for an extended period of time, as determined by BoomTribe, in its sole discretion. The amount of time that BoomTribe currently considers as an "extended" period of time is determined based on the particular BoomTribe.com or BOOMTRIBE Service within BOOMTRIBE to which it pertains, and may be viewed in the FAQ, or other user information relating to the particular service.

BOOMTRIBE MAKES NO WARRANTY THAT ANY BOOMTRIBE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION/ACCESS RESTRICTION

BoomTribe reserves the right, in its sole discretion, to terminate your access to any or all BoomTribe email account and the related services or any portion thereof at any time, without notice. BoomTribe may also terminate or suspend your access to (s) for inactivity, as set forth, above, in "Storage Space and Other Limitations." BoomTribe shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES

BoomTribe may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay BoomTribe liquidated damages of five dollars (US$5.00) for each piece of 'spam' or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise you agree to pay BoomTribe's actual damages; to the extent such actual damages can be reasonably calculated. You agree that BoomTribe may charge you with such damages.

These terms and conditions are governed by the laws of Barbados.