Forward Communication Terms and Conditions


Binding Agreement. Usage of Forward Communication’s network services, Internet access, email accounts, news service, web site and all other services and equipment by the Customer constitutes the Customer’s acceptance of all of the terms and conditions stated herein and establishes the Customer’s financial obligation to pay expenses charged to the Customer’s account.

Copyright, Licenses and Idea Submissions. The entire contents of the Service are copyrighted under the United States copyright laws. The owner of the copyright is Forward Communications. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the Service solely for your non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of Forward Communications or any third party information provider to the Service. You agree not to change or delete any proprietary notices from materials downloaded from the Service. You agree to grant to Forward Communications a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Service (such as bulletin boards, forums and newsgroups) by all means and in any media now known or hereafter developed. You also grant to Forward Communications the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Forward Communications for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

Use of the Service. You understand that, except for information, products or services clearly identified as being supplied by Forward Communications, Forward Communications does not operate, control or endorse any information, products or services on the Internet in any way. Except for Forward Communications-identified information, products or services, all information, products and services offered through the Service or on the Internet generally are offered by third parties that are not affiliated with Forward Communications. You also understand that Forward Communications cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET. FORWARD COMMUNICATIONS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND FORWARD COMMUNICATIONS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. FORWARD COMMUNICATIONS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE AND THE SOFTWARE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. FORWARD COMMUNICATIONS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. IN NO EVENT WILL FORWARD COMMUNICATIONS BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED FROM THE SERVICE, EVEN IF FORWARD COMMUNICATIONS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, FORWARD COMMUNICATION’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification. You agree to indemnify, defend and hold harmless Forward Communications, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Service account. Payment. All monthly recurring charges are billed one month in advance of Service and due within ten (10) days of receipt. You agree to pay Forward Communications all charges relating to the use of your account(s) according to the current price schedule, INCLUDING ALL SET-UP FEES (if applicable) AND DEPOSIT. If payment is by credit card you authorize Forward Communications to bill your credit card every month in advance of services used. You are responsible for any additional charges at the time the service is used and Forward Communications may apply the amount due to your credit card at any time. You may not place orders, or attempt to pay for Forward Communications services using any expired, false or unauthorized credit card, or false or unauthorized bank or credit union information, and must promptly inform Forward Communications of any of the following : Changes to the expiration date of any credit card you use in connection with Forward Communications. Changes to your billing address and or your home address. Changes to your contact phone number. Apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of a credit card, bank account, ID or password. Forward Communications reserves the right to suspend access to service for your account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges. You are responsible for all local and long-distance telephone charges for connecting to Forward Communications. You are also responsible for charges incurred with your paging company when used in conjunction with Forward Communications. You may terminate your service only upon written notice to Forward Communications. You agree that the monthly charge for the month in which service is terminated shall be forfeit as a cancellation charge. If you fail to pay any charge when due, including, but not limited to, installation charges and InterNIC fees, or if you fail to perform or observe any other material term or condition of this Agreement, and such condition continues unremedied for thirty (30) days, you shall be in default and Forward Communications may terminate the Service to you.

Communications (E-Mail (electronic mail) and News Groups) Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by Forward Communications. Forward Communications cannot and does not screen content provided by users of the Service. Notwithstanding the foregoing, Forward Communications reserves the right to monitor content on the Service and to remove content which Forward Communications, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies. In order to maintain an informative and valuable service that meets the needs of the users of the Service and avoids the harm that can result from disseminating statements that are false, malicious, violate of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:

1. You may not post or transmit any message anonymously or under a false name.
2. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
3. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
4. You may not interfere with any other users use of the Service.
5. You may not post or transmit any file which contains viruses, worms, “Trojan horses” or any other contaminating or destructive features.
6. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the Service’s intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, Forward Communications reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful.
7. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the Service for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
8. You may not post or list articles that are off-topic according to the description of the group or list or send unsolicited mass emailings to more than twenty-five (25) email users, if such unsolicited emailings provoke complaints from the recipients.
9. You may not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others.
10. Any violation of these email terms can result in the immediate termination of services and billing of services in the amount of one to ten US dollars per offense (each individual email address sent to is considered one offense).

Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of the State of Pennsylvania applicable to agreements made and to be performed in Pennsylvania. You agree and hereby certify that more than ten percent (10%) of the use of the Service is interstate (outside the state) in nature. You agree that any legal action or proceeding between Forward Communications and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Pennsylvania. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Forward Communications’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Forward Communications may assign its rights and duties under this Agreement to any party at any time without notice to you.

Payment of Services. Usage of services obligates the customer to payment for services with no exception except authorization from owners and/or management of Forward Communications. Terms of payment include:

1. Credit Card Debiting - You the customer authorize Forward Communications to debit your credit card just prior to ( within 10 days of ) the period of service agreed upon by both parties for the full amount of that period. it is the responsibility of the customer to inform and update credit card information when it changes (ie. expiration of card, termination of card, not enough credit remaining, loss or theft of card, etc.) Any failure to do so will result in immediate temporary suspension of services.
2. Billing - You the customer agree to prepay by cash or check for the period of service agreed upon by both parties for the full amount of that period and in addition agrees to deposit with us by cash or check a sum in the amount equaling one month’s services as a security against nonpayment and/or damages (as states in this document). If all of your account is in “good standing” (all obligations are met and no litigation is pending), a refund of that deposit will be made to you within 30 (thirty) days after final termination of services. Forward Communications reserves the right to remind you of your payment with an invoice by either postal mail or email (electronic mail). Non-receipt of this reminder or invoice does not exclude you from the payment obligation. It is the customer’s responsibility to make sure that the payment is made within 10 (ten) days after the start of each period.

Termination of Agreement. Either party for whatever reason can terminate this agreement at any time. Termination of this agreement and services will be accepted via FAX, E-mail, or postal mail. If this agreement is terminated by Forward Communications, the account holder will be refunded any unused portion of their monthly fee provided the total length of agreement is greater than thirty (30) days. Termination of this agreement by either party does not relieve the Account Holder of any prior obligation and/or unpaid charges. If all of your account is in “good standing” (all obligation are met and no litigation is pending) and if you made a cash or check deposit at the start of service, a refund of that deposit will be made to you. Forward Communications reserves the right to garnish your deposit for any unpaid charges at termination.