Forte Internet Services Inc. Terms of Subscription
THE FOLLOWING DESCRIBES THE TERMS ON WHICH FORTE INTERNET SERVICES INC. OFFERS YOU A NNTP/Usenet
NEWS ACCOUNT (THE "ACCOUNT"). BY SELECTING THE "Yes" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS
BELOW. BY SELECTING THE "No" BUTTON, YOU MAY DECLINE TO OBTAIN YOUR SUBSCRIPTION AND YOU WILL NOT BE
CHARGED. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US.
1. Accounts are available only to adults who are at least 18 years old. By accepting this Agreement,
you certify to us and all others that you are an adult. You also agree that the current privacy
policy, as provided on the Forte web site, at "http://www.forteinc.com/main/privacy.php" is hereby
incorporated by reference into this Agreement.
2. Upon your acceptance of these terms, we will automatically charge your credit card the amount of
your subscription fee plus any applicable taxes we are required to collect, and by submitting such
data to us you authorize us to do so. Thereafter, on the applicable anniversary of your
subscription, we will charge your credit card the then-current renewal rate for your subscription
period plus any applicable taxes we are required to collect, and you authorize us to do so. All
charges are stated in United States Dollars. You are responsible for paying all applicable taxes
(including those we are not required to collect) and for all hardware, software, service and other
costs you incur to access your account on our servers.
3. If you pay by check or money order, your account will be activated after our bank has received
the funds. You must prepay at the end of your term or your account will be terminated.
4. You may cancel your account at any time. However, we cannot provide refunds for partially used
accounts. Upon your notification of cancellation we will stop all billing beginning with your next
5. We may terminate your account (and delete all information related to your account) immediately if
we are not paid in advance or if you breach this agreement. In either case, no refund will be paid.
We may also terminate your account if we decide, in our sole discretion, to discontinue offering
accounts, in which event we will pay a pro-rata refund.
6. You may not transfer or share your account with anyone. You may not disclose your password to any
third parties. There may be an additional charge to reissue lost passwords.
7. From time to time Forte may offer free APN subscriptions. Please note these restrictions
a. For any "first-month-free" offer the period in which you sign up for the free month begins
immediately and lasts for one month, during which time you may use any or all of the gigabytes
available in the offer. You have until the end of the month to cancel the account and you will not
be charged. If you do not cancel then after one month the account will be renewed, with a charge,
and will behave like any active account. If you use the allocated gigabytes before the month is up
you may manually renew the account, with a charge, at which point the account will behave like any
b. For any "three-months-free" subscription that is part of the purchase or upgrade of Forte's
newsreader Agent, you must begin using the account within thirty (30) days of the Agent purchase or
upgrade or the account will be canceled, no longer available for use. The period of use for this
account begins when you first use it and lasts for three months or until you have used the number of
gigabytes available in the offer, whichever comes first. At the end of the period the subscription
is automatically canceled unless you specify that it should be continued as a paid subscription.
8. DO NOT use automated unattended news posting and retrieval programs with our service. This
category of software programs includes high capacity news server software packages, but does not
include most commercially available news readers such as Forte Agent. Improper use of these
automated unattended posting and retrieval news programs can result in termination of your account
or interruption of service without notice. We will disable, at our discretion, accounts of any
customers that abuse the system with these (or other) commercial, automated unattended news posting
and retrieval programs. Forte Internet Services Inc. Usenet accounts are designed and priced for
individual use and NOT for commercial-level archiving of gigabytes of data. Your individual account
is for personal, noncommercial use -- NOT for archiving, news feeding, news sucking, or testing
For purposes of this section and purposes of clarity, abuse of the system includes, but is not
limited to, downloading more than your account limit during any calendar month. The level of service
that you sign up for determines your account limit.
Forte Internet Services Inc. and its service providers have built a significant infrastructure to
provide high-performance services for our Subscribers. For our unlimited accounts, subscriber access
is unlimited as long as there is no excessive account usage. Excessive account usage is when an
individual subscriber's account usage is, in our opinion, substantially greater than the average
usage of all subscriber accounts during any calendar month. Forte Internet Services Inc. reserves
the right to discontinue service, at our discretion, to any subscriber account, at any time, for
inappropriate use, abuse of the network (e.g. account sharing or automated access), or excessive
9. You understand that we are providing you with unfiltered access to Usenet. We cannot, nor do we
try to, control the content that you will receive via Usenet. By its very nature, Usenet groups may
carry offensive, harmful or inaccurate material, in some cases in postings that have been mislabeled
or are otherwise deceptive. We expect that you will use caution and common sense when using Usenet.
Furthermore, you shall comply with all applicable laws regarding your access to your account.
Notwithstanding the foregoing, Forte Internet Services Inc. may adjust the Usenet groups carried by
it at any time in its sole discretion. The number and type of Usenet groups carried by Forte
Internet Services, Inc. may vary by service type, e.g. the measured service plan may differ from the
unlimited service plan.
10. Although privacy issues are very important to us, given the current regulatory and technical
environment you should not have an expectation of privacy in your account or any files transmitted
through it. We cannot ensure that all private email will remain private.
11. WE PROVIDE YOUR ACCOUNT "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR
IMPLIED. We do not guarantee continuous, uninterrupted or secure service, and we are not liable if
you are unable to access your account. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal
rights and you may also have other legal rights, which vary from state to state.
12. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR
INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO THE AMOUNT OF FEES YOU PAID IN
THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some states do not allow the limitation
of liability, so the foregoing limitation may not apply to you.
13. With respect to any content you distribute through your account:
a. You are solely responsible for your content, and we act as a passive conduit for your online
distribution and publication of your information. However, we reserve the right to remove content
from our servers if we believe it may create liability for us, if we receive notifications from
third parties regarding your content or if you are in breach of this Agreement.
b. You represent and warrant that any content you distribute through your account:
i. Does not infringe on any third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy;
ii. Does not violate any law, statute, ordinance or regulation (including without limitation the
laws and regulations governing export control);
iii. Is not defamatory, trade libelous or unlawfully threatening;
iv. Is not obscene and does not contain child pornography;
v. Does not violate any laws regarding unfair competition, antidiscrimination or false advertising,
vi. Does not contain viruses, Trojan horses, worms, time bombs, cancelbots or other computer
programming routines that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information. You may not distribute "spam"
through your account, nor may you take any other action that imposes an unreasonable or
disproportionately large load on our infrastructure. We deploy automatic word and "spam" filters
that may terminate your postings without delivering them.
c. If you violate this term and distribute such content, we may, without prior notice, ban you from
any and all services, terminate your registration, delete your messages or postings, and take any
other action we deem appropriate in our sole discretion.
14. Digital Millennium Copyright Act User Deletion Policy: Forte Internet Services does not condone
copyright infringement. In accordance with the Digital Millennium Copyright Act ("DMCA"), Forte
Internet Services may terminate in appropriate circumstances a direct subscriber's access to Forte
Internet Services if the direct subscriber is a repeat copyright infringer.
A direct subscriber is a repeat copyright infringer if Forte Internet Services receives notification
from a copyright owner or owners that the direct subscriber has, on more than one occasion, posted
infringing material. Any notification from a copyright owner to Forte Internet Services should
comply with Section 512(c)(3)(A) of the DMCA, and should identify each infringing posting
individually by its unique message identification tag, available from the "Message ID" header in the
posting. The first time that Forte Internet Services receives such a notification, Forte Internet
Services will attempt to notify the direct subscriber of this fact and will delete the infringing
posting from the newsgroup. If Forte Internet Services receives another such notification that a
direct subscriber has posted infringing material within a one-year period, Forte Internet Services
will delete the infringing material and terminate the access of the direct subscriber's account to
Forte Internet Services. Forte Internet Services then will attempt to notify the direct subscriber
of this fact.
Forte Internet Services also may terminate a subscriber's access to Forte Internet Services if Forte
Internet Services determines in its sole discretion that the subscriber has abused his or her
privilege of posting articles on a newsgroup.
Personal information about a user will not be disclosed unless we are required to do so under
applicable State and Federal laws, including without limitation, DMCA.
15. This Agreement shall be governed in all respects by the laws of the State of California as such
laws are applied to agreements entered into and to be performed entirely within California between
California residents. Both parties submit to jurisdiction in California and further agree that any
cause of action arising under this Agreement shall be brought in a court in San Diego County,
California. If any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced. Our failure to act with
respect to a breach by you or others does not waive our right to act with respect to subsequent or
similar breaches. This Agreement sets forth the entire understanding and agreement between us with
respect to the subject matter hereof.
16. The services hereunder are offered by Forte Internet Services Inc., located at 2223 Bent Tree
Place, Escondido, CA, USA 92026. Current rates for using the Service may be obtained from
"http://www.forteinc.com/apn/index.php", and such rates are subject to change at any time.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer
Affairs may be contacted in writing at 1020 N Street #501, Sacramento, CA 95814, or by telephone at
1 (916) 445-1254.