Terms of Use

Scope

These terms govern use of the Forward Networks Online Community (the "community" "). Forward Networks may offer other products and services. These terms apply only to use of the community.

Important Terms

These terms include a number of especially important provisions that affect your rights and responsibilities, such as the disclaimers in Disclaimers, limits on Forward Networks' legal liability to you in Limits on Liability, your agreement to reimburse Forward Networks for problems caused by your misuse of the community in Your Responsibility, and an agreement about how to resolve disputes in Disputes.

Your Permission to Use the Community

Subject to these terms, Forward Networks gives you permission to use the community. You can’t transfer your permission to anyone else. Others need to agree to these terms for themselves to use the community.  You must have an account and be approved by Forward Networks to have an account.  Forward Networks will consider account requests in its sole discretion and may terminate accounts in its sole discretion. An account may be required to post or access certain portions of the community.

Conditions for Use of the Community

Your permission to use the community is subject to the following conditions:

1. You must be at least 18 years old.
2. You may no longer use the community if Forward Networks tells you that you may not or if you cease being a Forward Networks customer or prospective customer.
3. You must follow Acceptable Use and Content Standards.

Acceptable Use

1. You may only use the community to learn or share about Forward Networks. You may not use the community for purposes adverse to Forward Networks or for a competitive purpose.  You must comply with the community guidelines in Exhibit A.
2. You may not use the community unless you are and then only to the extent acting in your capacity as a customer or prospective customer of Forward Networks.
3. You may not break the law using the community.
4. You may not use or try to use anyone else’s account on the community without their specific permission.
5. You may not buy, sell, or otherwise trade in addresses, user names, or other unique identifiers on the community.
6. You may not send advertisements, chain letters, or other solicitations through the community, or use the community to gather addresses for distribution lists.
7. You may not automate access to the community, or monitor the community, such as with a web crawler, browser plug-in or add-on, or other computer program that is not a web browser. You may crawl the community to index it for a publicly available search engine, so long as you abide by the rules of any robots.txt file on the community.
8. You may not use the community to send e-mail to distribution lists, newsgroups, or group mail aliases.
9. You may not falsely imply that you’re affiliated with or endorsed by Forward Networks.
10. You may not hyperlink to images or other non-hypertext content on the community.
11. You may not show any part of the community on other websites with iframes or similar methods.
12. You may not remove any marks showing proprietary ownership from materials you download from the community.
13. You may not disable, avoid, or circumvent any security or access restrictions of the community.
14. You may not strain infrastructure of the community with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems Forward Networks uses to provide the community.
15. You may not impersonate others through the community.
16. You may not encourage or help anyone in violation of these terms.

Content Standards

1. You may not submit content to the community that is illegal, offensive, or otherwise harmful to others. This includes content that is harassing, inappropriate, or abusive.
2. You may not submit content that misleads, deceives, or confuses others.
3. You may not submit content to the community that violates the law, infringes anyone’s intellectual property rights, violates anyone’s privacy, or breaches agreements you have with others.
4. You may not submit content to the community containing malicious computer code, such as computer viruses or spyware.
5. You may not submit content to the community as a mere placeholder to hold a particular address, user name, or other unique identifier.
6. You may not use the community to disclose information from or about others that you don’t have the right to disclose.

Enforcement

1. Forward Networks may investigate and prosecute violations of these terms to the fullest legal extent. Forward Networks may notify and cooperate with law enforcement authorities in prosecuting violations of the law and these terms.
2. Forward Networks reserves the right to change, redact, and delete content on the community for any reason. If you believe someone has submitted content to the community in violation of these terms, contact Forward Networks immediately. See Contact.

Your Account

1. You must create and log into an account to use some features of the community.
2. To create an account, you must provide some information about yourself. If you create an account, you agree to provide, at a minimum, a valid e-mail address, and to keep that address up-to-date. You may close your account at any time.
3. You agree to be responsible for everything done with your account, whether authorized by you or not, until you either close your account or notify Forward Networks that your account has been compromised. You agree to notify Forward Networks immediately if you suspect your account has been compromised. You agree to select a secure password for your account, and keep it secret.
4. Forward Networks may restrict, suspend, or close your account on the community according to its policy for handling copyright-related takedown requests, or if Forward Networks reasonably believes that you’ve breached these terms.

Your Content

1. Nothing in these terms gives you any ownership rights in Forward Networks’ content or intellectual property.
2. Between you and Forward Networks, you remain solely responsible for content you submit to the community (“Your Content”). You agree not to wrongly imply that content you submit to the community is from, sponsored by, or approved by Forward Networks. These terms do not obligate Forward Networks to store, maintain, or provide copies of Your Content. You hereby grant Forward Networks a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable, and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform, and publicly display Your Content in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the Forward Networks (and our social media channels) without payment and without further consent or notice to you. Without limiting the foregoing, you agree that Content you remove may persist for a reasonable amount of time in backup copies.  And in some cases, you may not be able to remove content you have posted publicly.
3. Content you submit to the community belongs to you, and you decide how to license it to others. But at a minimum, you license Forward Networks to provide content that you submit to the community to other users of the community. That special license allows Forward Networks to copy, publish, and analyze content you submit to the community.
4. When content you submit is removed from the community, whether by you or by Forward Networks, Forward Networks’ special license ends when the last copy disappears from Forward Networks’ backups, caches, and other systems. Other licenses you give for your content may continue after your content is removed. Those licenses may give others, or Forward Networks itself, the right to share your content through the community again.
5. Others who receive content you submit to the community may violate the terms on which you license your content. You agree that Forward Networks  will not be liableto you for those violations or their consequences.

Content Moderation

Forward Networks does not generally edit, monitor or pre-screen content posted by users on The Forward Networks Community. However, Forward Networks retains the right,at its sole discretion, to limit any users' access to The Forward Networks Community and to remove material that, in Forward Networks' sole judgment, does not comply with these Terms of Use, or that is otherwise inappropriate, harmful, objectionable, or inaccurate. Moderators may take any action they deem necessary in their own judgment to support the Terms of Use. Such actions may include editing or deleting material and temporary or permanent banning of individual users.

To report violations, please use the Report Inappropriate Content feature or contact the Forward Networks Community moderators at: community@ForwardNetworks.com. Please include a link to the relevant post.

Moderator actions and the contents of private exchanges with moderators, staff members and administrators should not be shared or discussed on the public forums. Such material will be removed by moderators. If you have questions or comments regarding moderator actions, contact the forum administrator, staff or moderators through private message or by sending an email to community@ForwardNetworks.com.

Limited License

Forward Networks hereby authorizes you to copy materials published by Forward Networks on this website solely for non-commercial use within your organization in support of Forward Networks products. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials that you make will retain all copyright and other proprietary notices in the same form and manner as the original. Except as specified above, nothing contained in this section shall be construed as conferring by implication, or otherwise any license or right under any patent, trademark, copyright or any other intellectual property right of Forward Networks or any third party. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT, OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

Content included on this site that is provided by or on behalf of Forward Networks (including but not limited to text, graphics, logos, images, and forum posts) is the exclusive property of Forward Networks. By submitting your content to the Forward Networks Community, you hereby grant to Forward Networks a worldwide, perpetual, irrevocable, royalty-free and fully-paid, freely transferable, sublicensable (through multiple tiers) right to exercise all copyright, publicity, and moral rights, in any media now known or not currently known, with respect to any content you provide to us on this website or in any email that you provide to us through this website or any other Forward Networks website. Please do not post content on the Forward Networks Community if you do not want to grant Forward Networks the rights described in this section.

Your Responsibility

You agree to reimburse Forward Networks for all its costs including for legal claims by others related to your breach of these terms, or breach of these terms by others using your account. Both you and Forward Networks agree to notify the other side of any legal claims you might have to reimburse Forward Networks for as soon as possible. If Forward Networks fails to notify you of a legal claim promptly, you won’t have to reimburse Forward Networks for costs that you could have defended against or lessened with prompt notice. You agree to allow Forward Networks to take over investigation, defense, and settlement of legal claims you would have to reimburse Forward Networks for, and to cooperate with those efforts. Forward Networks agrees not to enter any settlement that admits you were at fault or requires you to do anything without your permission.

Disclaimers

1. You accept all risk of using the community and its content. As far as the law allows, Forward Networks provides the community and its content as is, without any warranty whatsoever.
2. The community may hyperlink to and integrate websites and services run by others. Forward Networks does not make any warranty about services run by others, or content they may provide. Use of services run by others may be governed by other terms between you and the one running service.

Limits on Liability

1. Forward Networks will not be liable to you for breach-of-contract damages Forward Networks personnel could not have reasonably foreseen when you agreed to these terms.
2. As far as the law allows, Forward Networks’ total liability to you for claims of any kind that are related to the community or its content will be limited to $50.
3. To the fullest extent permitted by law, in no event will Forward Networks be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, reputation or goodwill, income, sales or revenues, business interruption, anticipated savings, data, wasted management or office time, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the community or any materials or content on the community, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not Forward Networks has been informed of the possibility of damage.
4. The limitations in this section apply even if a limited remedy fails of its essential purpose.

Feedback

1. Forward Networks welcomes your feedback and suggestions for the community. See Contact.
2. You agree that Forward Networks will be free to act on feedback and suggestions you provide, and that Forward Networks won’t have to notify you that your feedback was used, get your permission to use it, or pay you for it. You agree not to submit feedback or suggestions that you believe might be confidential or proprietary, to you or others.

Termination

1. Either you or Forward Networks may end this agreement at any time. When this agreement ends, your permission to use the community also ends.
2. The following sections continue after this agreement ends: Your Content, Feedback, Your Responsibility, Disclaimers, Limits on Liability, and General Terms.

Disputes

1. The governing law of California (without reference to its choice of laws) will govern these terms and all legal proceedings related to these terms or your use of the community.
2. Both sides agree to bring legal any proceedings related to this agreement only in the national and state courts located in Santa Clara County, California.
3. Neither you nor Forward Networks will object to jurisdiction, forum, or venue in those courts.
4. If the governing law allows, both sides waive their rights to trial by jury.
5. Both sides agree to bring any legal claims related to this agreement as individuals, not as part of a class action or other representative proceeding.

General Terms

1. If a section of these terms is unenforceable as written, but could be changed to make it enforceable, that section should be changed to the minimum extent necessary to make it enforceable. Otherwise, that section should be removed, and the others should be enforced as written.
2. You may not assign this agreement. Forward Networks may assign this agreement to any affiliate of Forward Networks, any other company that obtains control of Forward Networks, or any other company that buys assets of Forward Networks related to the community. Any attempt to assign against these terms has no legal effect.
3. Neither the exercise of any right under this agreement, nor waiver of any breach of this agreement, waives any other breach of this agreement.
4. These terms, plus the terms on any page incorporating them by reference, are all the terms of agreement between you and Forward Networks about use of the community. This agreement entirely replaces any other agreements about your use of the community, written or not.

Contact

1. You may notify Forward Networks under these terms, and send questions to Forward Networks at:  community@forwardnetworks.com
2. Forward Networks may notify you under these terms using the e-mail address you provide for your account on the community.

Changes

1. Forward Networks may update the terms of service for the community. Forward Networks will post all updates to the community. For updates with substantial changes, Forward Networks agrees to e-mail you if you’ve created an account and provided a valid e-mail address. Forward Networks may also announce updates with special messages or alerts on the community.
2. Once you get notice of an update to these terms, you must agree to the new terms in order to keep using the community.

Digital Millenium Copyright Act

1. DMCA Notification. Forward Networks complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the community, you may contact our Designated Agent at the following address:

   Forward Networks, Inc. 2390 Mission College Blvd, Unit 4, Santa Clara, CA 95054, United States

   Any notice alleging that materials hosted by or distributed through the community infringe intellectual property rights must include the following information:

   1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
   2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
   3. a description of the material that you claim is infringing and where it is located on the community;
   4. your address, telephone number, and email address;
   5. a statement by you that you have a good faith belief that the use of the materials on the community of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
   6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
2. Repeat Infringers.Forward Networks will promptly terminate the accounts of users that are determined by Forward Networks to be repeat infringers.

- Reach out anytime. If you are new to The Forward Networks Community and are unsure about anything, just ask! The Forward Networks moderators and other users are happy to help. You can ask a question in the community or email us at community@ForwardNetworks.com

- Stay on-topic. For everyone's benefit please stay on-topic. Please refrain from discussing personal matters, abusing any company or product, or from posting in a manner unrelated to Forward Networks products and services and network technologies. Do not post any information that you do not wish to make public. Any information that you post can be obtained and used by others. You post at your own risk and responsibility.

- Be Kind. Everyone wants to have a positive experience on The Forward Networks Community - so make sure that you are not detracting from anyone else's experience. In particular, refrain from posting anything unlawful, libelous, defamatory, inflammatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, or otherwise objectionable or injurious to third parties. Your opinions are always welcome, but personal attacks, harassment and doxing on either The Forward Networks Community or through private messaging are not acceptable.

- Say no to spam. The Forward Networks Community is provided as a service to Forward Networks customers and is not intended for the promotion of third party services, products, websites, or organizations. Please refrain from posting content that would constitute advertising, junk mail, spam, chain letters, or any other form of unauthorized solicitation.

- Stay on the right side of the law. It is unacceptable to post any material (i) that would infringe on any patent, trademark, copyright, or other proprietary rights of any party or disclose any trade secret (or other confidential information), (ii) that contains software viruses or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware, or (iii) that is deemed to be illegal by any local, state, federal, or international law.

- Be careful - think twice. Most people are happy to help out on The Forward Networks Community, but remember that their advice is theirs only and that you are responsible for deciding whether or not to follow it. If the advice given by a user sounds wrong or risky to you, do not try it. In particular, if any user asks you for personal information, such as an account number, address, password or credit card number, do not provide it.