TERMS and CONDITIONS
(updated 3/06/06)

By the use of this site or by clicking any of the following images, buttons or text links outlined below, you accept these terms and conditions and acknowledge that your use of PavementSucks.com is subject to certain limitations set forth below:

1. Any "join", "register", "sign up", "become a member" or "create account" type images, buttons or links related to PavementSucks.com or its affiliates.
   

NOTE: PavementSucks.com has a zero tolerance policy for spam, pornography, and warez. Any sites or accounts found to contain, promote, or link to such content are subject to immediate removal from our service.

If you do not accept this agreement, do not proceed with the sign-up process.

--- General Provisions ---

I. For the purposes of this agreement, the following terms have been defined:

1. "PavementSucks.com" shall include this Service, its owners, partners and affiliates
2. "Forums" shall be the same as "PavementSucks.com Mesage Forums" or any other "bulletin board", "forum" or similar system provided by PavementSucks.com
3. "Account" shall be the same as "User Account" or "Member Account" associated with this Service

II. PavementSucks.com cannot be held responsible for the content of user submitted data or websites linked to or from our service. PavementSucks.com will review submitted websites and associated promotional banners for content before they are allowed to participate in the Service. However, we reserve the right to remove any "link", "post" or Account from PavementSucks.com, which we determine is violating our rules and guidelines. Users are solely responsible for all files contained on their own website and any associated promotional banners.

You agree to indemnify PavementSucks.com from any libelous statements by the members in any portion of the site. PavementSucks.com, its owners, partners, affiliates, assocaites and those members not involved with statements deemed libelous, are not responsible for any statements deemed libelous.

III. PavementSucks.com may terminate Accounts at any time, without notice, for conduct that violates these guidelines or for any other reason. It is the member's responsibilty to logout of PavementSucks.com to prevent unauthorized use of their Account or the PavementSucks.com services.

PavementSucks.com may terminate Accounts and delete any and all Account information for conduct that PavementSucks.com believes is harmful to the reputation or business of PavementSucks.com or to any of its users or partners. The following is a nonexclusive list of content and behaviors that are UNACCEPTABLE for any Account participating in any part PavementSucks.com:

1. Content that contains or contains links to nudity, pornography, adult content, sex, extreme violence, or foul language.
2. Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy-related information, whether for educational purposes or not.
3. Content that has been promoted through the sending of unsolicited email (spamming) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. Users who utilize PavementSucks.com resources, including e-mail addresses, for spam are also subject to prosecution to the fullest extent of the law.
4. Content that commits acts of copyright, trademark, patent, trade secret or other intellectual property infringement.
5. Content that is racist, or otherwise extremely offensive to others, including content which aggravates, harasses, threatens, defames, or abuses others.
6. Sites that exploit images of children under 18 years of age.
7. Content that contains, links to, or participates in pyramid schemes, gambling, raffles, lotteries, and so forth. Links related to gambling provided by Hitbox and used by PavementSucks.com are excluded from this as PavementSucks.com has no control over the content provided by the Hitbox.com service.
8. Content that posts or discloses personal identification information or private information of individuals under the age of 13 or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.
9. Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, illegal weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others' property, or to harm any people or animals.
10. Content that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; individual passwording of Member sites or pages; altering copyright notices and attributes (unless permitted in writing by the author/owner); and such practices.
11. Spamming or "flooding" of any interactive portions of this Service, including Forums, Chat, email and form based webpages.
12. Any activity that results in a denial of service to other users of any part of PavementSucks.com.
13. Purposely bypassing or attempting to bypass word censors or other moderating features.
14. Impersonating any other member, or falsely claiming moderator, administrator or other official PavementSucks.com status in any fashion.

--- Message Forums ---

IV. a) Users of the Forums are responsible for the text, links and images posted to the Forums under their Account. Any Accounts found to be violating the terms within this agreement may be removed from PavementSucks.com.

    b) PavementSucks.com reserves the right to modify, move, remove or otherwise alter any message sumitted to the Forums by any user, either registered or anonymous without notice or reason.

    c) Personal issues between members are to be taken up via email or private messages. Posts with such content will be removed from public view as determined by a moderator or administrator.

--- Member Submitted Data/Information ---

V. a) Members of PavementSucks.com agree to limit the content attempted to be posted to the sections where authenticated members are able to submit images and/or data under their username to that which is acceptable under Section III above or to PavementSucks.com administrators or moderators. Each edit to a member submitted submission will take the entry out of the publicly viewed area until submitted and approved by a PavementSucks.com administrator. This is required for the protection of PavementSucks.com so that it does not violate it's own hosting agreement.

    b) PavementSucks.com reserves the right to modify, move, remove or otherwise alter any user submitted information or data without notifying the user/visitor that submitted it.

    c) Any account found to post pornography or otherwise inappropriate content via the file attachment feature is subject to immediate and permanent ban without refund of any portion of their donation, if one was made.

    d) Private Messages are not available for public viewing and once sent, can only be accessed via the website from the recipients account. However, the data in private messages is not encrypted and can be viewed by those with administrator access to the physical database in which they are stored.

    e) Any images uploaded to the PavementSucks.com server via the file attachment feature, avatar option or reader's rides remain the property of the original creator of the image. By sumitting your image, you are giving PavementSucks.com the right to use said images for the marketing of PavementSucks.com and its products and services. You also give the right for PavmentSucks.com to extend these marketing rights to other persons or companies for marketing without any compensation, monetary or otherwise. Any and all images submitted without permission of their respective owners will be removed from the PavementSucks.com server upon receiving an [e-mail] request showing proof of ownership.

    f) The areas provided as 'classifieds' are provided for the benefit of the members at no cost. Ads in each section are occasionally pruned, see each sections description for the prune settings. If you are transacting with another member via these sections please keep copies of the posts and PMs regarding the transaction for your own records. In the event of a dispute regarding a specific transaction, these records may help resolve the issue. PavementSucks.com makes no claims as to the validity of the items for sale, including but not limited to: condition, ownership, legality, warranty, application or pricing. Members found to be defrauding others via these section are subject to any of the following actions: removal of all ads started by that member, posting of warnings regarding transacting with the member in question and/or removal of the offending members account from the service. Please keep all disputes to private messages or emails. PavementSucks.com or its owners, employees or affiliates are unable to assist in any other way other than providing documentation regarding the transaction inthe form of posts or private messages that may still exist on the system.

    g) All users transacting through the 'classifieds' areas of the site are subject to feedback being posted by any members to the Buyer/Seller Feedback forum. Feedback may be positive or negative in nature. If you wish to not have feedback posted to the forum, you are not allowed to partake in transactions via the 'classified' areas as either a buyer, seller or agent of either.

--- Responsibility of this Service ---

VI. PavementSucks.com is not required to give warning or notice of user administrative actions for violating the terms within this agreement or the intent of the terms within this agreement. Such actions include, but are not limited to, warnings by Private Message, warnings by Email, temporary bans, permanent bans, or change of user status, permissions or privledges.

VII. PavementSucks.com provides space and bandwidth for hosting the Service but makes no implied or express warranties about the reliability of this space or related services. PavementSucks.com is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons. PavementSucks.com makes no guarantees about server reliability, speed, or consistency, and cannot be held liable for such.

1. Users are responsible for regularly monitoring and creating backups of their own files, and agree to use the PavementSucks.com resources and infrastructure at their own risk. This service is provided on an "as is" basis without warranties of any kind, either expressed or implied. Neither PavementSucks.com nor its partners makes any warranty with respect to any content, information, services, or products provided through or in conjunction with this free service.
2. PavementSucks.com and its partners make no guarantee of the accuracy, correctness, or completeness of any information on these Web pages and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by PavementSucks.com.
3. PavementSucks.com may also link to or include on its Web site resources and information provided by third-party partners and providers. We do not guarantee the reliability of this information, nor does the inclusion of this information imply our recommendation of these services; it is merely provided to add value to our service.
4. You agree to indemnify PavementSucks.com and its partners against any and all claims and expenses, including attorneys' fees, arising from the your use of this service. This expressly includes your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libelous or unlawful material contained within your submitted data.

VIII. PavementSucks.com makes no claim as to the safety or correctness of information in the regards to the vehicle technical repairs and procedures represented. The parts, procedures, tools and times mentioned are provided only as a guide and are specifc to the actual work being documented and can/will vary between vehicles and persons. PavementSucks.com recommends using an industry accepted repair manual, tools and procedures for all work represented herein.

PavementSucks.com reserves the right to amend or change these guidelines at any time without notice.

This Acceptable Use Policy and any disputes arising out of or related to the Network and PavementSucks.com shall be governed by, and construed and enforced in accordance with, the laws of the State of California.