Revision date: November 1, 2006
By using the fwdlabs.com web site ("Services"), all services of FWD:labs ("FWD:labs"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
FWD:labs reserves the right to amend any or all of the policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
You agree to use the Service at your own risk.
- Eligibility: You must be 13 years or older to use this Service; you must be 18 years or older for a paid account. You must provide a valid e-mail address, and any other information requested in order to complete the signup process. All services provided by FWD:labs ("FWD:labs") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless FWD:labs from any claims resulting from the use of service which damages the subscriber or any other party.
- Acceptable Use: Prohibited are sites that promote any illegal activity or present content that may be damaging to FWD:labs' servers, or any other server on the Internet. Links to such materials are also prohibited.
- Account Activation: By activating your account with FWD:labs, you agree to the policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information. NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
- Bandwidth: All account plans come with a predetermined amount of traffic allowance. If your bandwidth usage exceeds 1 GB/month, or significantly exceeds the average bandwidth usage (as determined solely by FWD:labs) of other FWD:labs customers, we reserve the right to immediately throttle your file or image hosting until you can reduce your bandwidth consumption. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same. To exceed the limit, you will be billed an additional fee per 10 GB.
- Disk Quota: The total amount of allocated disk space storage, listed in gigabytes (GB), for all content that will be stored on our server. Quota for each user ranges between 1 - 5 GB. To raise the quota limitation, you will be billed an additional fee per 1 GB up to 5 GB.
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Payment, Refunds, Upgrading and Downgrading Terms
- Billing: A valid credit card is required for you to continue using the Service after the 30-day free trial period. By the Account Activation Date of each month, FWD:labs shall either:
- debit the client's credit card (when such information has been provided by the client); or
- [not available to all accounts] deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to FWD:labs by no later than the specified payment due date. FWD:labs shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
- Service Fees: Certain services carry a setup fee charged by FWD:labs to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to FWD:labs and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
- Money back guarantee & refund policy: We offer a 30 day money back guarantee. Refunds: If client has retained the services for one year and has pre-paid FWD:labs for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if client's account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.
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Cancellation and Termination
- Account Deactivations Any account deactivated due to non-payment will remain privately on our server for at least six months. If you decide to upgrade at a later date, your work will still be available.
- Cancellation Refunds We DO NOT refund partial monthly fees to accounts. You can upgrade/downgrade at any time.
- Content and Link Limitations FWD:labs will suspend/terminate any offending account that contains any of the following content, or links to such content, to be published on FWD:labs:
- Content of a pornographic, sexually explicit, or violent nature.
- Content of an illegal nature (including stolen copyrighted material).
- Pirated software sites.
- "Hate sites" or content that could be reasonably considered as slanderous or libelous.
- Server Abuse Any attempt to undermine or cause harm to a server or customer of FWD:labs is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
- Violations Violations of these terms should be referred to http://fwdlabs.com/about/contact/. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
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Modifications to the Service and Prices
- Service Expectations: FWD:labs does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
Copyright and Content Ownership
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- Content Screening When subscribers disseminate information from the Internet, they must keep in mind that FWD:labs does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over FWD:labs' network and may reach a large number of people, including both subscribers and non-subscribers of FWD:labs, subscribers' postings to the Internet may affect other subscribers and may affect FWD:labs' goodwill, business, reputation or operations. For these reasons, subscribers violate FWD:labs policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
- Disclaimer: FWD:labs cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by FWD:labs are resold. Thus, certain equipment, routing, software and programming used by FWD:labs are not directly owned or written by FWD:labs. Moreover, FWD:labs holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as FWD:labs sees fit.
- Questions: We hope this is helpful in clarifying the obligations of Internet users, including FWD:labs and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent via http://fwdlabs.com/about/contact/.
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