FOREFRONT NETWORK, LP

Terms of Use Agreement

Forefront Network, LP, is a Texas limited partnership, (“Forefront,” “we,” “us,” or “our”) that provides a web-based service through a website, www.forefrontaustin.com (the "Forefront Website").  The services offered through Forefront include the Forefront Website and any other features, content, or applications offered from time to time by Forefront in connection with the Forefront Website (collectively, the “Forefront Services”). The Forefront Services are hosted in the U.S.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Forefront Services.  By using the Forefront Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Forefront Website) or you are a “Subscriber” (which means that you have registered with Forefront).  The term “User” or “you” refers to a Visitor or a Subscriber.  You are only authorized to use the Forefront Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.  Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Forefront Website and discontinue use of the Forefront Services immediately.  If you wish to become a Subscriber, communicate with other Subscribers and make use of the Forefront Services, you must read this Agreement and indicate your acceptance during the registration or subscription process.

This Agreement includes Forefront’s policy for acceptable use of the Forefront Services and Content (as defined below) posted on the Forefront Website, your rights, obligations and restrictions regarding your use of the Forefront Services.

Forefront may modify this Agreement from time to time and such modification shall be effective upon posting by Forefront on the Forefront Website.  You agree to be bound to any changes to this Agreement when you use the Forefront Services after any such modification is posted.  It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.  Please choose carefully the information you post on Forefront and that you provide to other Users.  Your Forefront profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.  Despite this prohibition, information provided by other Forefront Subscribers (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Forefront assumes no responsibility or liability for this material.  If you become aware of misuse of the Forefront Services by any person, please contact Forefront at webmaster@forefrontaustin.com.

Forefront reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Forefront Services at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility. Use and subscription of the Forefront Services is void where prohibited.  By using the Forefront Services, you represent and warrant that (a) all registration or subscription information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Forefront Services does not violate any applicable law or regulation. Your profile may be deleted and your subscription may be terminated without warning, if we believe that you are under 14 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the Forefront Services or are a Subscriber.  You may terminate your subscription at any time, for any reason, by following the instructions on the registration or subscription page.  Forefront may terminate your subscription at any time, without warning. Even after your subscription is terminated, this Agreement will remain in effect, including sections 5-16.
3. Fees. You acknowledge that Forefront reserves the right to charge for the Forefront Services and to change its fees, if any, from time to time in its discretion.  If Forefront terminates your subscription because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of any subscription or registration fees.
4. Password. When you sign up to become a Subscriber, you may also be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the account, username, or password of another Subscriber at any time or to disclose your password to any third party.  You agree to notify Forefront immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account.
5. Non-commercial Use by Subscribers.  The Forefront Services are for the personal use of Subscribers only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Forefront.  Illegal and/or unauthorized use of the Forefront Services, including collecting usernames and/or email addresses of Subscribers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Forefront is prohibited.  Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Subscriber profiles without notice and may result in termination of your subscription.  Appropriate legal action will be taken for any illegal or unauthorized use of the Forefront Services.
6. Proprietary Rights in Content.
   1. Forefront does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the Forefront Services.  After posting your Content to the Forefront Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the Forefront Services, you hereby grant to Forefront a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content in any manner selected by Forefront.

1. You represent and warrant that: (i) you own the Content posted by you on or through the Forefront Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Forefront Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.  You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Forefront Services.

1. The Forefront Services contain Content of Forefront (“Forefront Content”).  Forefront Content is protected by copyright, trademark, patent, trade secret and other laws, and Forefront owns and retains all rights in the Forefront Content and the Forefront Services.  Forefront hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Forefront Content (excluding any software code) solely for your personal use in connection with viewing the Forefront Website and using the Forefront Services.  

1. The Forefront Services contain Content of Users and other Forefront licensors.  Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Forefront Services.

1. Content Posted.
   1. Forefront may delete any Content that in the sole judgment of Forefront violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Forefront assumes no responsibility for monitoring the Forefront Services for inappropriate Content or conduct.  If at any time Forefront chooses, in its sole discretion, to monitor the Forefront Services, Forefront nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

1. You are solely responsible for the Content that you post on or through any of the Forefront Services, and any material or information that you transmit to other Subscribers and for your interactions with other Users. Forefront does not endorse and has no control over the Content. Content is not necessarily reviewed by Forefront prior to posting and does not necessarily reflect the opinions or policies of Forefront.  Forefront makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Subscribers.

1. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Forefront Services.  Forefront reserves the right to investigate and take appropriate legal action against anyone who, in Forefront’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Forefront Services and terminating the subscription of such violators.  Prohibited Content includes, but is not limited to Content that, in the sole discretion of Forefront:
   1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
   2. harasses or advocates harassment of another person;
   3. exploits people in a sexual or violent manner;
   4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
   5. solicits personal information from anyone under 18;
   6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
   7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
   8. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
   9. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
   10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
   11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
   12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
   13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
   14. includes a photograph of another person that you have posted without that person’s consent.

The following is a partial list of the kind of activity that is illegal or prohibited on the Forefront Website and through your use of the Forefront Services. Forefront reserves the right to investigate and take appropriate legal action against anyone who, in Forefront’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.  Prohibited activity includes, but is not limited to:

1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Subscriber to buy or sell any products or services through the Forefront Services. You may not transmit any chain letters or junk email to other Subscribers.  It is also a violation of these rules to use any information obtained from the Forefront Services in order to contact, advertise to, solicit, or sell to any Subscriber without their prior explicit consent. In order to protect our Subscribers from such advertising or solicitation, Forefront reserves the right to restrict the number of emails which a Subscriber may send to other Subscribers in any 24-hour period to a number which Forefront deems appropriate in its sole discretion.  If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Forefront Services, you acknowledge that you will have caused substantial harm to Forefront, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Forefront $50 for each such unsolicited email or other unsolicited communication you send through the Forefront Services;
3. covering or obscuring the banner advertisements on your personal profile page, or any Forefront page via HTML/CSS or any other means;
4. any automated use of the system, such as using scripts to add friends or send comments or messages;
5. interfering with, disrupting, or creating an undue burden on the Forefront Services or the networks or services connected to the Forefront Services;
6. attempting to impersonate another Subscriber or person;
7. using the account, username, or password of another Subscriber at any time or disclosing your password to any third party or permitting any third party to access your account;
8. selling or otherwise transferring your profile;
9. using any information obtained from the Forefront Services in order to harass, abuse, or harm another person;
10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Forefront Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
11. using the Forefront Services in a manner inconsistent with any and all applicable laws and regulations.

1. Copyright Policy.  You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Forefront to terminate the subscription privileges of any Subscriber who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Forefront by the copyright owner or the copyright owner’s legal agent.  Without limiting the foregoing, if you believe that your work has been copied and posted on the Forefront Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Forefront Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Forefront’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Forefront Network, LP, 5000 Plaza on the Lake, Suite 200, Austin, Texas 78746; and email:  webmaster@forefrontnetworks.com.

1. Subscriber Disputes. You are solely responsible for your interactions with other Forefront Subscribers.  Forefront reserves the right, but has no obligation, to monitor disputes between you and other Subscribers.

1. Disclaimers. Forefront is not responsible for any incorrect or inaccurate Content posted on the Forefront Website or in connection with the Forefront Services, whether caused by Users of the Forefront Services or by any of the equipment or programming associated with or utilized in the Forefront Services.  Profiles created and posted by Subscribers on the Forefront Website may contain links to other websites.  Forefront is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Forefront.  Inclusion of any linked website on the Forefront Services does not imply approval or endorsement of the linked website by Forefront.  When you access these third-party sites, you do so at your own risk.  Forefront takes no responsibility for third party advertisements which are posted on the Forefront Website or through the Forefront Services, nor does it take any responsibility for the goods or services provided by its advertisers.  Forefront is not responsible for the conduct, whether online or offline, of any User of the Forefront Services.  Forefront assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Subscriber communication.  Forefront is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Forefront Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Forefront Services.  Under no circumstances shall Forefront be responsible for any loss or damage, including personal injury or death, resulting from use of the Forefront Services, attendance at a Forefront event, from any Content posted on or through the Forefront Services, or from the conduct of any Users of the Forefront Services, whether online or offline.  The Forefront Services are provided “AS-IS” and as available and Forefront expressly disclaims any warranty of fitness for a particular purpose or non-infringement.  Forefront cannot guarantee and does not promise any specific results from use of the Forefront Services.

1. Limitation on Liability. IN NO EVENT SHALL FOREFRONT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FOREFRONT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FOREFRONT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FOREFRONT FOR THE FOREFRONT SERVICES DURING THE TERM OF your Subscription.

1. U.S. Export Controls. Software available in connection with the Forefront Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Forefront Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

1. Disputes. If there is any dispute about or involving the Forefront Services, you agree that the dispute shall be governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Texas, City of Austin.  Either Forefront or you may demand that any dispute between Forefront and you about or involving the Forefront Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Austin, Texas, USA, provided that the foregoing shall not prevent Forefront from seeking injunctive relief in a court of competent jurisdiction.

1. Indemnity. You agree to indemnify and hold Forefront, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Forefront Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Forefront Website or through the Forefront Services causes Forefront to be liable to another.

1. Other. This Agreement is accepted upon your use of the Forefront Website or any of the Forefront Services and is further affirmed by you becoming a Subscriber.  This Agreement constitutes the entire agreement between you and Forefront regarding the use of the Forefront Services. The failure of Forefront to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  The section titles in this Agreement are for convenience only and have no legal or contractual effect.  Forefront is a trademark of Forefront Network, LP.  This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: webmaster@forefrontnetworks.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.