FORUM Terms of Service (ToS)

1. These terms relate to your use of our Websites. Other terms may apply to Services provided via our Websites, and you should check to see what specific terms apply to any Services which you use.

2. We may terminate, change or suspend any part of our Websites, including any content, features, and hours of availability or these terms at any time. Continued use of our Websites after we have made any such changes will signify your consent to the changes.

3. Subject to the next paragraph, FORUM excludes all liability for any kind of loss or damage that may result to you or a third party – including, without limitation, any loss of income, profits, goodwill, data, contracts or use of money whether arising in tort (including without limitation negligence), contract or otherwise – in connection with the use, inability to use, or the results of use or non-use of the Websites.

4. The use of third party websites is entirely at your own risk. Links contained in our Websites do lead to other websites not under our control, and we accept no liability for, or endorse, the content of any linked site or any link contained in a linked site. Accordingly, you should read the terms and conditions of those websites and direct any questions or comments about the linked website’s contents to the relevant website provider.

5. We are committed to protecting your privacy in accordance with our Privacy Statement. Our Privacy Statement should be read in conjunction with these terms and conditions and forms an integral part of these terms.

6. If you transmit defamatory material to the Websites this may result in criminal and/or civil proceedings being commenced against you and you shall at all times indemnify FORUM against all losses, expenses, damages, costs (including reasonable legal costs) suffered or incurred by FORUM in relation thereto.

7. If any part of these terms is found to be void or unenforceable, it will be severed from the rest of the terms which shall remain unaffected.

Acceptable Use Policy

1 Introduction

FORUM has formulated this acceptable use policy in order to encourage the responsible use of FORUM networks, systems, services, websites and products (collectively “FORUM’ Network and Services”) by our customers and other users (“Users”), and to enable us to provide our Users with secure, reliable and productive services.

1. This acceptable use policy (“Policy”) sets out:

1.1 The minimum standards of behavior required from you when you use our network and the internet via our network;

1.2 Certain actions which are prohibited; and

1.3 What we may do if you fail to meet those minimum standards.

2. The Policy is designed to protect both you and FORUM from any claims from third parties that your use of FORUM’ services is inappropriate or damaging to such third parties.

3. The actions prohibited and the minimum standards set out in the Policy are not a complete list. If you are unsure about any contemplated action or use please contact [email protected]

4. By using the Services you agree to be bound by our Policy.

2 General Conduct

FORUM’s Network and Services must be used in a manner that is consistent with their intended purposes and may be used only for lawful purposes. Users may not use FORUM’s Network and Services in order to transmit, distribute or store material

2.1 in violation of any applicable law or regulation;

2.2 in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others;

2.3 that is fraudulent, obscene, defamatory, libelous, threatening, abusive or hateful or contains a virus, worm, Trojan horse, or other harmful component;

2.4 containing fraudulent offers for goods or services or any promotional materials that contain false, deceptive or misleading statements, claims or representations; or

2.5 generally, in a manner that may expose FORUM or any of its personnel to criminal or civil liability.

3 Lawful Use of Resources

3.1 FORUM requires its customers to comply with FORUM’s instructions and all legal and regulatory requirements relevant to their system, network and any services they may provide within the countries in which they operate. Where a customer fails to meet such legal and regulatory requirements the customer agrees to indemnify FORUM against all losses, expenses, costs (including legal costs) or damages which may be suffered or incurred by FORUM in relation thereto.

3.2 It is FORUM’s policy to assist police and law enforcement bodies in any practicable way when required by applicable law. FORUM reserves the right to disclose information to such bodies or highlight any concern of potential illegal activities being carried out via FORUM’ networks or systems.

4 Sending of Electronic Mail

4.1 Under no circumstances will any FORUM customer transmit unsolicited bulk email of any kind or permit the usage of unsolicited bulk email to advertise any site located on the FORUM network.

4.2 Any mail server connected to the FORUM network must not be configured as an open relay. Such a server could be used for the unauthorized transmission of bulk email, should this occur the transmission would be considered to have originated from the customer.

4.3 Customers must not use the FORUM network or systems to transmit email with modified, false, inaccurate or purposefully erroneous headers or other information so that the origin of the email is unclear or deceptive.

5 Disruption of Service and Network Security Breaches

You agree to the following:

5.1 Under no circumstances should FORUM customers utilize FORUM’s network or systems to gain or attempt to gain unauthorized access to any system. Actions considered unacceptable include, but are not limited to, network probing, network mapping, vulnerability scanning or the exploitation of vulnerabilities or misconfigurations in systems or networks, without prior authorization with the intention of gaining unauthorized access or for any other purpose.

5.2 Any packets transmitted onto or across the FORUM network by FORUM or its customers should contain the correct source address of the emanating system. Any packets for which this is not the case may be prevented from traversing the FORUM network without additional notice.

5.3 Networks must be configured so as not to accept external broadcast traffic.

5.4 FORUM customers must not utilize any protocol or service with the intent of disrupting or preventing the legitimate use of any service by others.

5.5 Customers must not use FORUM networks or systems to transmit viruses.

5.6 Customers must not use FORUM networks or systems to install directly or indirectly any unauthorized software or other system modification on any system without prior authorization of the system owner.

5.7 Customers must not attempt to intercept or modify any traffic traversing the FORUM network.

5.8 FORUM customers will not collect any personal information about other users of the Services without either the consent of those users

5.9 FORUM does not make any guarantee about the security of data travelling over its networks. While FORUM takes every practical step to protect such data it remains the responsibility of the communicating parties to ensure the security and integrity of their data.

5.10 FORUM accepts no responsibility for the security of customer systems connected to the FORUM network. Such security remains the responsibility of the customer.

5.11 Where a customer feels their security / privacy may have been compromised via a system connected to the FORUM network it is entirely the customer’s responsibility to seek redress from any third parties. FORUM will take all lawful and practicable steps to assist in any such investigation which may be required, subject to the rights of such third parties.

6 Use of Material

6.1 FORUM customers accept that FORUM cannot control and is not responsible for the content of the Internet. Any concerns regarding the content of systems or networks not located on the FORUM network should be directed at the relevant system or network owners and not at FORUM.

6.2 FORUM customers agree to conform to Internet protocols and standards.

6.3 FORUM customers may not use FORUM networks or systems to distribute copyright material unless they are authorized to do so by the copyright owner. FORUM customers must not use FORUM networks or systems for improper or unlawful purposes or to receive or send messages which are, in the reasonable opinion, offensive, indecent, obscene, menacing, malicious or defamatory, or which infringe any intellectual property right (including, without limitation, trademarks, copyright, or rights relating to domain names), nor allow others to do so.

6.4 FORUM takes no responsibility for any material created or accessible on or through FORUM Networks and Services that is not posted by or at the request of FORUM. FORUM does not monitor nor exercise any editorial control over such material but reserves the right to do so to the extent permitted by applicable law. FORUM is not responsible for the content of any websites other than FORUM’ websites, including for the content of web sites linked to such FORUM’s web sites. Links are provided as Internet navigation tools only.

7 Use of Usenet News Facilities

7.1 Users may have access through FORUM’s Network and Services to search engines, subscription web services, chat areas, bulletin boards, web pages, Usenet, or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines and agreements. Users who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies,

7.2 Usenet facilities should be used only in accordance with relevant Usenet group rules.

7.3 Binaries should only be posted to binary Usenet groups.

7.4 Commercial or advertising messages should not be posted to multiple news groups

8 Violation of This Acceptable Use Policy

8.1 FORUM may require help from a customer in resolving a security incident where that customers system(s) may have been involved

8.2 FORUM may charge the offending party for the time and resources used in dealing with the breach; or

8.3 FORUM may, without notice, suspend or terminate a network connection or connections.

9 System and Network Security

Users are prohibited from violating or attempting to violate the security of FORUM’ Network and Services, including, without limitation,

9.1 accessing data not intended for such User or logging into a server or account which such User is not authorized to access;

9.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

9.3 attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, “flooding,'' “mailbombing” or “crashing”;

9.4 forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or

9.5 taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. FORUM will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

10 Other Activities

10.1 FORUM’s customers must not engage in any activity, either lawful or unlawful, which FORUM considers detrimental to its subscribers, operations, reputation, goodwill or customer relations.

11 Customer Familiarization

11.1 Customers are expected to make themselves aware of any laws relevant to the service they are providing.

11.2 FORUM is not responsible if a customer fails to make themselves properly aware of laws affecting the service(s) they provide.

11.3 FORUM may, at its sole discretion, modify this Policy from time to time. Your continued use of the Services signifies your acceptance of any modifications to this Policy. Please check the Policy from time to time, which can be found at https://members.forum.miami