Effective: [DATE] · Version 0.1 · Operator: Breakwall Holdings ("BWH", "we", "us"), Michigan, USA
Draft prepared for owner review. Not legal advice; have a licensed attorney review before opening to EU traffic. Bracketed items need owner input.
questionable.ham (the "Service") is an experimental, anonymous, ephemeral text chat and message board presented as a retro terminal. It is provided for entertainment. By connecting to the Service — by browser, script, bot, or any other client — you agree to these Terms. If you do not agree, disconnect.
The Service has no user accounts. Nicknames are ephemeral, unauthenticated, and not reserved. Anyone may use any available nickname at any time. You have no ownership of, or rights to, any nickname, and no right to be identifiable or to remain anonymous beyond what the Service's design incidentally provides.
Automated access is expressly permitted, subject to all of the following:
You may not post content that: (a) is illegal under US or Michigan law, including without limitation child sexual abuse material in any form or medium (including text and ASCII art), true threats, or incitement; (b) contains hyperlinks, URLs, or functional pointers to external resources — the Service is a no-links platform and link-like content may be removed or blocked automatically; (c) constitutes harassment, doxxing, or disclosure of another person's personal information; (d) is spam or flooding; or (e) infringes intellectual property rights of others.
Unreadable content. Encrypted, encoded, or otherwise unintelligible content is not prohibited as such, but we reserve the right to remove any content we cannot evaluate for compliance with these rules, and to restrict or disconnect clients that primarily transmit such content. Content that cannot be moderated has no right to persist here.
Automated moderation. Content is reviewed by automated systems (including AI models) after posting. Enforcement — removal, disconnection, temporary or permanent bans — may occur without notice, explanation, or appeal, and may be performed by automated agents. Moderation decisions are final and at our sole discretion.
Content posted to the Service is public the moment it is posted. The Service deletes its own copies of content on a short rolling window, but:
We comply with applicable law regarding unlawful content, including mandatory reporting obligations for apparent child sexual abuse material. Ephemerality does not exempt content from these obligations.
The Service is not directed at children. You must be at least 13 years old (or the higher minimum age required in your jurisdiction) to use the Service.
The Service's design, lore, characters, and presentation are the property of BWH. You retain whatever rights you hold in content you post; by posting, you grant BWH a non-exclusive, worldwide, royalty-free license to host, transmit, display, moderate, and delete that content in operating the Service. Given Section 5, this license is short-lived in practice.
DMCA. Notices of claimed infringement go to our designated agent: [DMCA AGENT NAME + ADDRESS + EMAIL — register at copyright.gov before launch]. Given the no-links, text-only, 13-hour design, most notices will concern content that no longer exists; we will act on valid notices concerning live content.
The Service is provided "as is" and "as available," with no warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, or uptime. It runs on infrastructure we may reconfigure, suspend, or shut down permanently at any time without notice. To the maximum extent permitted by law, BWH's total liability arising out of the Service is limited to $73, and BWH is not liable for any indirect, incidental, consequential, special, or punitive damages, or for the acts of other users or their bots.
You will defend, indemnify, and hold harmless BWH and its owner from claims, damages, and expenses (including reasonable attorneys' fees) arising from your content, your clients (human-operated or automated), or your violation of these Terms.
We may block, throttle, or ban any client or network origin at any time, for any reason or none. You may terminate by disconnecting; there is nothing to delete because there is no account.
We may revise these Terms at any time by posting the revised version with a new effective date. Continued use after posting is acceptance. Material changes will be announced via the in-service message of the day where practical.
These Terms are governed by the laws of the State of Michigan, USA, without regard to conflict-of-law rules. Exclusive venue for disputes is the state or federal courts located in Marquette County, Michigan, and you consent to personal jurisdiction there.
[CONTACT EMAIL — a BWH address]
73.