FORWARDINGWEB
SERVICE AGREEMENT

You agree to indemnify, defend, and hold harmless ForwardingWeb from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting directly and/or indirectly from your use of the service which damages either you, ForwardingWeb, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account with ForwardingWeb.

ForwardingWeb reserves the right to refuse or discontinue service to anyone at our sole discretion. ForwardingWeb may deny you access to all or part of the service without notice if you, or a third party acting on your behalf, engages in any conduct or activities that ForwardingWeb in its sole discretion believes violates any of the terms and conditions in this agreement.

ForwardingWeb reserves the right to suspend Free Accounts that exceed our maximum limits for bandwidth and traffic until such time as bandwidth and traffic falls back within these limits. This does not apply to Ad-Free Accounts which are not subject to limits.

ForwardingWeb shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.

ForwardingWeb reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

ForwardingWeb Subdomain Accounts and addresses are the sole property of ForwardingWeb and may not be resold under any circumstances. In the event that a ForwardingWeb Subdomain Account is resold, you agree to pay ForwardingWeb the amount collected for the resale of the account plus unspecified damages. Any Subdomain Accounts found to be "up for sale" will be terminated at ForwardingWeb's discretion.

ForwardingWeb makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by ForwardingWeb or its agents or employees shall create a warranty.

ForwardingWeb provides no warranty that the service will be uninterrupted or error-free. We assume no liability, expressed or implied, for any downtime for any reason.

If you are dissatisfied with ForwardingWeb or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service. There are NO refunds.

You assume total responsibility and risk for your use of ForwardingWeb and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through ForwardingWeb.

ForwardingWeb reserves the right to monitor any and all communications through or with our facilities. You agree that ForwardingWeb is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

You agree that you as the person legally responsible for use of this account, are at least 18 years of age or have your parent's or legal guardian's permission before using our service.

You agree to adhere to these system policies as published online at along with any documents specifically linked with that document and mentioned as part of system policy, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at ForwardingWeb. You agree to abide by any and all future ForwardingWeb decisions.

Your use of the service is solely at your risk. ForwardingWeb is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.

Failure to provide ForwardingWeb with current and valid contact information upon request, including but not limited to any information requested from you on our web site, may result in the termination of your account at ForwardingWeb's discretion. It is your responsibility to keep your contact information current and valid and notify ForwardingWeb of any changes that may arise.

In the event that you, or a third party acting on your behalf, engages in any conduct or activities that ForwardingWeb in its sole discretion believes violates any of the terms and conditions in this agreement, you agree to pay ForwardingWeb US$500.00 to cover ForwardingWeb's administrative and cleanup costs associated with your activity, or ForwardingWeb's actual damages, whichever is greater. In addition, your account will not be reinstated until ForwardingWeb has received adequate assurances that such activity will not continue and the aforementioned fee has been paid in full. In the event of subsequent violations, you agree to pay ForwardingWeb US$5,000.00 to cover ForwardingWeb's administrative and cleanup costs associated with your activity, or ForwardingWeb's actual damages, whichever is greater. In addition, ForwardingWeb will permanently disable your account with no option for reinstatement.

ForwardingWeb will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited e-mail. In addition, because damages are often difficult to quantify, you agree to pay ForwardingWeb liquidated damages of US$5.00 for each piece of spam or unsolicited e-mail transmitted from or otherwise conencted with your ForwardingWeb account, or ForwardingWeb's actual damages, whichever is greater, in addition to any fees previously mentioned in this agreement.

In order to prevent expiration, your ForwardingWeb web site address must be visited at least once every 90 days. Accounts which are not visited at least once every 90 days will expire and become available for anyone to reregister.

Except as otherwise provided in this agreement, you agree that we may revise the terms and conditions of this agreement and/or change part of the services provided under this agreement at any time. Any such revision or change will be binding and effective immediately upon posting of the revised agreement or change to the services on ForwardingWeb's web site, or upon notification to you by e-mail or postal mail. You agree to periodically review our web site, including the current version of this agreement available on our web site, to be aware of any such revisions.

This agreement supersedes any written, electronic, or oral communication you may have had with ForwardingWeb or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

AD-FREE FORWARDING

Renewal
ForwardingWeb Ad-Free Forwarding renewal fees are billed automatically by our Automatic Renewal Service.

Within 1 month prior to the Account Expiry Date, ForwardingWeb will charge the credit card we hold on file for your account. If the credit card is charged successfully, you will receive an email confirming payment. If the credit card is declined, a notice will be sent to the billing contact by email asking you to update the card we hold on file for your account. If payment is not received within 1 month after the account expiry date, the account will be cancelled.

For clients paying by check or money order, payments are due within 1 month of the first renewal notification. Checks returned due to insufficient funds are subject to a US$20 service fee.

Cancellation
Cancellation of a paid Service requires 1 month notice. Notice may be given by submitting the form at http://www.forwardingweb.com/forwarding/cancel.shtml and must include the Member's Username and Invoice Number or other security verification. ForwardingWeb shall not be held liable for unauthorized termination of a Member’s account.

Cancellation requests must be received more than 1 month prior to the Account Expiry Date to prevent Auto-Renewal. Once our Automatic Renewal Service renews the account, renewal fees are NOT REFUNDABLE.

• nudity, pornography, sexual material, hate propaganda or hate mongering, swearing, or fraudulent material or activity;
  
• any material that violates or infringes in any way upon the rights of others, including, without limitation, copyright or trademark rights;
  
• any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable, or that violates any law or gives rise to any legal liability;
  
• material that promotes, encourages, or provides instructional information about illegal activities;
  
• any software, information, or other material that contains a virus, corrupted data, or any other harmful or damaging component;
  
• sites that promote, encourage, provide, or distribute pirated software ("warez"), pirated music, pirated movies, or any other pirated material;
  
• sending unsolicited e-mail or any other type of spam containing any reference to your web site or account.