1.1. HomeBuiltAirplanes.com and its affiliated websites are operated by HomeBuiltAirplanes.com ("HomeBuiltAirplanes.com", "us", "the Company", or "we"). We
provide our services to you subject to the following conditions. If you visit, use, post
on, or otherwise interact with our Websites, you accept these conditions, so please read
If you do not agree to any of these terms, you are prohibited from using
or accessing our Websites.
1.2. This Terms of Service Agreement (hereinafter, "Agreement") constitutes the entire
agreement between you and us, and governs your use of our Websites, superseding any prior
version of this Agreement.
1.3. You agree that the laws of the state of Texas, USA, without regard to principles of
conflict of laws, will govern this Agreement and any dispute of any sort that might arise
between you and us from your visit to, or use of, our Websites.
1.4. Any dispute relating in any way to your visit to or use of our Websites shall be
submitted to confidential arbitration in San Marcos, Texas, USA except that, to the extent
you have in any manner violated or threatened to violate our intellectual property rights,
we may seek injunctive or other appropriate relief in any state or federal court in the
state of Texas, USA and you consent to exclusive jurisdiction and venue in such courts, and
waive any objection to such jurisdiction or venue. Arbitration under this Agreement shall be
conducted under the rules then prevailing of the American Arbitration Association. The
arbitrators' award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other party subject to
this Agreement, whether through class arbitration proceedings or otherwise.
1.5. If any of these conditions shall be deemed invalid, void, or for any reason
unenforceable by any court of law having the jurisdiction to decide on this matter, that
condition shall be deemed severable and will not affect the validity and enforceability of
any remaining condition.
1.6. You agree that you will comply with any applicable state and federal laws and
regulations, local laws and rules regarding online conduct and acceptable content, and that
you are solely responsible for your compliance.
1.7. The failure of HomeBuiltAirplanes.com to enforce a provision of this Agreement in
no way constitutes a waiver of any provision of this Agreement.
2. License and Site Access
2.1. HomeBuiltAirplanes.com grants you a limited, personal, worldwide, royalty-free
and non-exclusive license to access and make personal use of this Website and not to
download (other than page caching) or modify it, or any portion of it, except with our
express, prior written consent. This license does not include any resale or commercial use
of this Website or its contents; any derivative use of this Website or its contents; any
downloading or copying of account information for the benefit of another merchant; or any
use of data mining, robots, or similar data gathering and extraction tools. This Website or
any portion of this Website may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without our express, prior
written consent. You may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page layout, or form) of
this Website without our express, prior written consent. You may not use any meta tags or
any other "hidden text" utilizing HomeBuiltAirplanes.com's name or trademarks without
our express, prior written consent. Any unauthorized use immediately and automatically
terminates the permission or license granted by HomeBuiltAirplanes.com.
3. Age Restrictions
3.1. HomeBuiltAirplanes.com's Websites are not intended for or directed to persons who
are minors (typically persons under the age of 18, but may vary depending on where you
live). Use of HomeBuiltAirplanes.com's Websites is restricted to persons legally
permitted to enter into a binding contract. By accessing a HomeBuiltAirplanes.com
Website, you represent that you are legally permitted to enter into a binding contract (18
years of age or older in most jurisdictions) or are at least 13 years of age and are only
accessing the Website under the supervision and with the consent of your parent or guardian,
who agrees to be bound by this Agreement, and that any information you provide us is not
inaccurate, deceptive, or misleading.
4. General Account Information
4.1. You alone are responsible for maintaining the confidentiality and security of your
account and password and for controlling access to your computer. Therefore, you agree that
you are solely responsible for all activities that occur under your account or password.
4.2. We reserve the right to refuse service, deny or terminate membership and access to any
person with or without cause, and to remove or edit content in our sole and absolute
4.3. Any account that is banned or terminated and has a current paid subscription will be
reimbursed at a prorated amount by request of the user through mail at PO BOX 911 San
Marcos, Texas 78667.
4.4. Upon written request, HomeBuiltAirplanes.com will disable your account. In an
effort to safeguard users' accounts, we may, but are under no obligation to, require
validation of the request to disable the account. For accounts with no content, the account
can be completely deleted from the system. For accounts with content, HomeBuiltAirplanes.com will disable the account; however, we, in our sole and absolute
discretion, may choose to not remove content attributed to the account. We will evaluate
each request to remove content on an individual basis. Some of the factors used in
evaluating whether to remove a user's content include, but are not limited to: the number of
content entries, the length of content, traffic to content, the potential impact on the
forum and/or thread continuity, the age of content, and the age of the account.
Notwithstanding anything to the contrary contained in this paragraph, we reserve the right
to retain information about disabled accounts, which may include user information, in an
effort to curb and/or combat illicit activity and to aid in civil and criminal legal
matters. We may disclose any user content or electronic communication of any kind to satisfy
any legal or regulatory requirement or official request.
5. Member Conduct
5.1. You agree to use the Websites only for purposes that are permitted by a) this Agreement
and b) any applicable law, regulation, or generally accepted practices or guidelines in the
6. Content Posted by members
- You agree to refrain from engaging in any inappropriate conduct when using the
Websites. Inappropriate conduct will not be tolerated and may result in the
termination of member privileges. Inappropriate conduct is any conduct or behavior
deemed by us, in our sole and absolute discretion, to be harmful to the online
community, including, but not limited to, the following:
- Posting any content deemed by us to be obscene, sexually explicit, vulgar,
threatening, harassing, or abusive;
- Engaging in activity that makes you a high-maintenance user to our staff;
- posting content containing nudity or violence;
- soliciting personal information from anyone under 18 years of age;
- providing a hyperlink to any website containing nudity or violence
- soliciting or promoting any criminal activity;
- posting content which promotes hatred of any race, ethnicity, sex, gender, or
- transmitting unsolicited email to the Company or any member
- impersonating any person or entity;
- posting advertisements or any other form of commercial solicitation without prior
written authorization from the Company;
- infringing the intellectual property rights of any third party, including copyright,
trademark, patent, privacy, publicity or other personal or proprietary rights;
- posting any defamatory or otherwise false information;
- posting or transmitting computer viruses or any other malicious software;
- engaging in any activity that interferes with or disrupts the Websites (or the
servers and networks which are connected to the Websites).
6.1. By posting content on the Websites you warrant that you are the creator and owner of
the posted content, or that you have obtained the prior written consent to post said content
from a third party owner. When posting content originating from any third party, you agree
to conspicuously post the name of said third party adjacent to said posted content.
6.2. By posting content on the Websites, you also grant, and warrant that you have the
authority to grant, the Company a perpetual, royalty-free, non-exclusive worldwide right and
license to display, reproduce, adapt, modify, publish, translate, create derivative works
from, distribute, perform, play, make available to the public, use, and exercise all
copyright and publicity rights with respect to any and all content that you post on the
Websites. If you do not wish to grant HomeBuiltAirplanes.com these rights, do not
submit content to the Website.
6.3. HomeBuiltAirplanes.com assumes no responsibility to monitor the Websites but we
may do so at our sole discretion. Member-posted content may be removed from the Websites at
any time with or without cause and without prior notice.
6.4. HomeBuiltAirplanes.com allows members and vendors to discuss and exchange items.
However, HomeBuiltAirplanes.com is not responsible for these transactions, and you
agree that participating in such transactions is solely at your own risk.
7. Volunteer moderators and Administrators
7.1. Volunteer Moderators and Administrators are an important part of Website. Volunteer
Moderators and Administrators are established members who have exhibited a knowledge and
adherence to the forum rules and attempt to keep Website civil and spam free. However,
Volunteer Moderators and Administrators do not work for or represent HomeBuiltAirplanes.com, or its parent company. Volunteer Moderators' and Administrators'
words and actions are their own. Volunteer Moderators and Administrators do not have
permission to engage in any sort of business as a representation of HomeBuiltAirplanes.com or its website.
8. Electronic Communications
8.1. You consent to receive communications from us electronically. We will communicate with
you by email or by posting notices on the Website. You agree that any and all agreements,
notices, disclosures, and other communications that we provide to you satisfy any legal
requirement that such communications be in writing. If you do not consent to such electronic
communication, you agree to stop using the Website immediately.
9. Hyperlinked Websites
9.1. HomeBuiltAirplanes.com has not reviewed all of the sites linked to its Websites
and is not responsible for the contents of any such linked site. The inclusion of any link
is for your convenience only, and does not imply endorsement by HomeBuiltAirplanes.com
of the site, nor do we accept any responsibility for the content or use of such other site.
Unless otherwise noted, any other website accessed from the Site is independent from us, and
we have no control over the content of any other website. Use of any such linked website is
at the user's own risk.
10. Intellectual Property
10.1. Copyright: All content on this Website, including but not limited to text, graphics,
logos, button icons, images, audio clips, and digital downloads, is the property of HomeBuiltAirplanes.com or its content suppliers and is protected by international
copyright laws. The compilation of all content on this site is the exclusive property of HomeBuiltAirplanes.com, with copyright authorship for this collection by HomeBuiltAirplanes.com, and protected by international copyright laws.
10.2. Trademarks: Our trademarks and trade dress may not be used in connection with any
product or service that is not HomeBuiltAirplanes.com's, in any manner that is likely
to cause confusion among customers, or in any manner that disparages or discredits HomeBuiltAirplanes.com. HomeBuiltAirplanes.com's trademarks or trade dress include
but are not limited to: graphics, visual interfaces, logos, page headers, button icons, and
scripts, as well as the design, structure, selection, coordination, expression, "look and
feel" and arrangement of content. All other trademarks not owned by HomeBuiltAirplanes.com or its subsidiaries that appear on this Website are the property
of their respective owners, who may or may not be affiliated, connected to, or sponsored by
HomeBuiltAirplanes.com or its subsidiaries.
10.3. Procedure for Notifying the Company of Copyright Infringement - Digital Millennium
Copyright Act Policy
We respect the intellectual property rights of others just as we expect others to respect
our rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code,
Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our
DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity
from said infringement claims pursuant to the "safe harbor" provisions of the DMCA. To
submit a good faith infringement claim to us, you must submit notice to us that sets forth
the following information:
Notice of Infringement - Claim
- A physical or electronic signature of the copyright owner (or someone authorized to
act on behalf of the owner);
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material to be removed, and information reasonably
sufficient to permit the service provider to locate the material. [Please submit the
URL of the page in question to assist us in identifying the allegedly offending
- Information reasonably sufficient to permit the service provider to contact the
complaining party including your name, physical address, email address, phone number
and fax number;
- A statement that the complaining party has a good faith belief that the use of the
material is unauthorized by the copyright agent; and
- A statement that the information in the notification is accurate, and, under penalty
of perjury, that the complaining party is authorized to act on behalf of the
Title 17 USC 512(f) provides civil damage penalties, including costs and attorney fees,
against any person who knowingly and materially misrepresents certain information in a
notification of infringement under 17 USC 512(c)(3).
Please note that we may share the identity and information in any copyright infringement
claim we receive with the alleged infringer. In submitting a claim, you understand accept
and agree that your identity and claim may be communicated to the alleged infringer.
Send all takedown notices to our DMCA Agent listed below. Please send by email for prompt
PO BOX 911 San Marcos, Texas 78667
Counter Notification - Restoration of Material
If you have received a notice of material being takedown because of a copyright infringement
claim, you may provide us with a counter notification in an effort to have the material in
question restored to the site. Said notification must be given in writing to our DMCA Agent
and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
- Your physical or electronic signature.
- A description of the material that has been taken down and the original location of
the material before it was taken down.
- A statement under penalty of perjury that you have a good faith belief that the
material was removed or disabled as a result of mistake or misidentification of the
material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the
jurisdiction of the federal district court for the judicial district in which the
address is located (or if you are outside of the United States, that you consent to
jurisdiction of any judicial district in which the service provider may be found),
and that the you will accept service of process from the person or company who
provided the original infringement notification.
Email your counter notice to our DMCA Agent:
P.O. Box 373
Pine Valley, California 91962
Phone: (800) 804-7260
Repeat Infringer Policy
We take copyright infringement very seriously. Pursuant to the repeat infringer policy
requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices
from copyright holders and make a good faith effort to identify any repeat infringers. Those
that violate our internal repeat infringer policy will have their accounts terminated.
11.1. THESE WEBSITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THESE WEBSITES ARE PROVIDED BY THE
COMPANY ON AN "AS IS" AND AS AVAILABLE BASIS. HomeBuiltAirplanes.com MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OF THESE WEBSITES, OR THE
INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THESE WEBSITES, OR THE
ACCURACY OF THE CONTENT APPEARING ON THE WEBSITES OR ANY HYPERLINKED WEBSITE. THE COMPANY
DOES NOT ENDORSE THE OPINIONS EXPRESSED ON THE WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR
THE ONLINE OR OFFLINE CONDUCT OF ANY MEMBER OF THE WEBSITES. THE COMPANY MAKES NO WARRANTIES
OR REPRESENTATIONS OF ANY KIND CONCERNING THE GOODS OR SERVICES WHICH ARE ADVERTISED ON THE
WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY THE DOWNLOADING OF
SOFTWARE OR OTHER MATERIALS BY ANY USER OF THE WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR
ANY DAMAGE CAUSED TO ANY COMPUTER OR ONLINE SYSTEM RESULTING FROM USE OF THE WEBSITES. THE
COMPANY DOES NOT APPROVE, ENDORSE, OR ENSURE THE ACCURACY OF ANY FOOD, FITNESS, OR HEALTH
RELATED INFORMATION POSTED ON THE WEBSITES AND IMPLORES ALL USERS TO CONSULT WITH THEIR
PERSONAL PHYSICIAN BEFORE MAKING ANY CHANGES TO THEIR HEALTH, DIETARY, OR FITNESS REGIMES.
YOU EXPRESSLY AGREE THAT YOUR USE OF THESE WEBSITES IS AT YOUR SOLE RISK.
11.2. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HomeBuiltAirplanes.com
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HomeBuiltAirplanes.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM
HomeBuiltAirplanes.com OR ITS AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. HomeBuiltAirplanes.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THESE WEBSITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HomeBuiltAirplanes.com BE LIABLE TO
YOU FOR ANY AMOUNT EXCEEDING THAT WHICH HAS BEEN PAID, IF ANY, BY YOU TO THE COMPANY.
11.3. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
12.1. You agree to indemnify and hold harmless the Company, its members, managers, agents,
and employees, from and against any and all claims, damages, and expenses, including
reasonable attorney's fees, arising from your use of the Websites.
13. Changes to Terms and Conditions of Use
13.1. We reserve the right to make changes to our Websites, policies, and this Agreement at
13.2. When such changes are made, we will make a new copy of this Agreement available at
this site, and any additional terms will be made available to you from within, or through,
13.3. You understand and agree that if you use this Website after the date on which the
terms of this Agreement have changed, your use will constitute acceptance of the updated