This Terms of Service is a binding agreement between Customer and Free Ads Plus Inc. dba. Isoldmyboat.com ("Agreement") and applies to Customer's account(s) with isoldmyboat.com. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. Customer agrees to periodically consult this website for changes or amendments to this Agreement. Isoldmyboat.com may, but is under no obligation to, provide notices of any amendment, modification or update of this Agreement via e-mail to Customers.

General Provisions

While using Services provided by isoldmyboat.com, you agree to the following terms and conditions.

Definitions

"We" "Us" "Provider" or "Isoldmyboat" "isoldmyboat" "Isoldmyboat.com" or "isoldmyboat.com" refers to Free Ads Plus Inc.; and "You" "Your" "Client" or "Customer" refers to each person or entity who applies for advertising service or is a designate of any one who applies for advertising service with Isoldmyboat.


Services Provided by Isoldmyboat.com:
Isoldmyboat will provide online classified advertising ("Services") to its customers for the purpose of allowing customers to list or advertise boats for sale to the general public. The Services allow Isoldmyboat customers to maintain a classified listing online for a period defined by type of service user selects at signup. Isoldmyboat customers will use the provided Services in a manner consistent with all applicable State and Federal laws. Isoldmyboat.com reserves the right to edit, abbreviate or delete and ad listing or text description to improve readability or for any reason. Isoldmyboat.com reserves the right to reject any ad listing for any reason. Isoldmyboat.com will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this Agreement.

Customer Use of Services

False Information: Client agrees not to post false or inaccurate information in their ad listing or advertisements. If potential buyers or other sellers contact Isoldmyboat concerning unethical, false or unlawful activities by you, Isoldmyboat reserves the right to terminate your service without notice.

Length of Ad Listing: Feature Photo Ads, "Listed Until It Sells" is limited to a one-year term. Some ad listings may appear longer at the sole discretion of I Sold My Boat .Com. An ad listing duration may be shortened or removed, on an individual basis, from the active listings if no written communication can be established between I Sold My Boat .Com and customer. It is the customer's responsibility to inform I Sold My Boat .Com of any email address changes. Client agrees to inform I Sold My Boat.Com if listed boat has sold or is no longer being offered for sale. I Sold My Boat.Com will make a reasonable effort to contact client if it appears seller no longer logs into or makes changes to account. If customer does not communicate with I Sold My Boat.Com or responds to emails from I Sold My Boat.Com within seven days, ad listing will be deleted.

Back-Up Files: Isoldmyboat, through its hosting agent, will make every reasonable effort to protect and backup data for Client on a regular basis, however Isoldmyboat does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is solely responsible for independent backup of data stored on Providers server and network.

Cancellation: You may cancel your advertisement or ad listing at anytime however, you will be obligated to pay all fees and charges accrued prior to the effectiveness of the cancellation. You will be obligate to pay all fees pertaining to this sale. You will be obligate to pay all credit card fees. You will be obligated to pay all reversal charges incurred and all attorney costs to full prosecution and reversal. Accounts that are terminated by Isoldmyboat will not receive any refund. All cancellations must be received in writing as per the deadlines indicated; regular mail, e-mail and fax notifications are acceptable. Phone requests will not constitute acceptance of any cancellation. Cancellation request will reflect the day of your submission.

Customer Fees: You will be obligate to pay a $25.00 fee for any check payment returned for lack of sufficient funds. You will obligate to pay all attorney fees incurred by Isoldmyboat associated with collection of payment to your account.

Disclaimer of Warranty
You agree to use the Services and any information obtained through or from Isoldmyboat.com at your own risk. You acknowledge and agree that Isoldmyboat exercises no control over, and accepts no responsibility for, the content of information passing through Isoldmyboat's website, host computers, network hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. Isoldmyboat MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. Isoldmyboat MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. Isoldmyboat EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY Isoldmyboat. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Isoldmyboat PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement.

Isoldmyboat is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of Isoldmyboat. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by Isoldmyboat or it's web server hosting agent.

Limitation of Liability
You agree that Isoldmyboat will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Isoldmyboat at the time) which may exist in the Services or in Isoldmyboat.com equipment used to provide the Services.

Under no circumstances will Isoldmyboat.com be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. Isoldmyboat will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Isoldmyboat's records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement, Isoldmyboat's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.

Right to Refuse Service
At its sole discretion, Isoldmyboat has the right to refuse any and all service or Services to any applicant, Customer, Client whether it be an individual or legal entity.

Indemnification
Customer agrees to indemnify, defend and hold harmless Isoldmyboat, its officers, directors, employees, shareholders and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer. The terms of this Section will survive any termination of this Agreement.

Force Majeure
Isoldmyboat.com will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Disclosure of Customer Information and Legal Process
Although Isoldmyboat maintains strict confidentiality on Customer's information, there are certain exceptions in which Isoldmyboat may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. Isoldmyboat has no obligation to notify Customer about whom the information is sought or that Isoldmyboat has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.

Governing Law; Jurisdiction; Arbitration
This Agreement is governed by Rhode Island law and both parties will submit to personal jurisdiction in Rhode Island. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, will be subject to arbitration administered by the American Arbitration Association ("AAA") in accordance with its then existing Commercial Arbitration Rules (collectively, the "AAA Rules") and any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration will be in Kent County, Rhode Island, or any other place selected by mutual agreement of the parties. An award rendered in connection with arbitration pursuant to this Section shall be final and binding upon the parties. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The terms of this Section will survive any termination of this Agreement.

Assignment
Customer will not have the right to assign this Agreement without the prior written consent of Isoldmyboat.com.

Entire Agreement; Severability
This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.

Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.