Privacy Statement
Security Statement
Code of Conduct
Terms of Use
Refund Policy

Privacy Statement

Last updated on 18th January 2004

Misuse of the forcomment Service

The forcomment service is for professional use only. We will not release your registration details to any other third party except where we are required to do so by law.
We need you to give us some contact information when you register. This is used to create you account and login details. As part of your account, we will send you operational information about the service from time to time.

Communications from us

You may opt out of receiving marketing material from us by email. Contact us and we will remove you from our marketing mail list.

While you remain registered as a user of the service, you may not opt out of receiving operational communications from us.

Financial information

All financial information (such as credit card and / or bank account details) is kept strictly confidential by our accounts team and is used solely to charge you as permitted by your contract with is. This information will never be given to any third party, other than to intermediaries as required in the course of charging you.

Removing your information from our system

If your registration with forcomment is terminated for any reason, we will permanently delete your personal and financial information from our system as soon as we have received payment in full for all sums that you owe us as a result of your contract with us.

If you are concerned that your registration information has not been removed from our system, contact us. with you concern.

Security

We have appropriate security measures in place to protect the loss, misuse or alteration of our user's' personal and financial information.

Contact us

If you would like to comment on this Privacy Statement, please contact us

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Security Statement

Our security statement for the service is currently being prepared.

Code of Conduct

You agree to use the Service in accordance with the following Code of Conduct:

1. You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you.

2. You will not use the service to engage in any form of harassment or offensive behaviour, including but not limited to posting or sending Content which is, in whole or in part: -

• libellous
• slanderous;
• abusive;
• defamatory;
• racist;
• pornographic;
• obscene; or
• otherwise offensive.

3. You will not forward chain letters through the Service.

4. You will not use the Service to send unsolicited marketing materials or Spam.

5. You will not use the Service in any way to infringe the legal rights of any third party, including but not restricted to rights to privacy and to property.

6. You will not post Content through the Service which in any way : -

o Violates, plagiarises, or infringes upon the rights of any third party including but not limited to any copyright or trade mark law, privacy or other personal or proprietary rights; or
o Is fraudulent or otherwise unlawful or violates any law.

7. You will not post Content through the Service containing advertising, or any solicitation for
funds , for goods or for services, except as part of a bonafide commercial or advisory relationship between you and the Users to who you post such Content through the Service.

8. You will not use the Service to distribute or upload any malicious code (including, but not restricted to, viruses, worms and trojan horses), or do anything else that might in anyway cause harm to the Service, to us and our systems, or to other Users' systems.

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TERMS OF USE FOR forcomment TM SERVICES

Last updated on 18th January 2004

Please read the following terms and conditions carefully, as they form the agreement between us. If you do not agree to these terms and conditions, you may not use the service and must not proceed to register of otherwise use the Service.

When you register for or otherwise use the forcomment TM service or any other service provided by Knowledge Transfer Technology Ltd using the forcomment TM engine you agree to all of the terms and conditions of this Agreement.

Definitions

In this Agreement: -

� "KT" means Knowledge Transfer Technology Limited, registered in England no 3401751;

� "the Service" means individually and collectively the forcomment TM service and / or any other service provided by KY using the forcomment TM engine;

� "User" means any person or organisation that registers for or otherwise uses the Service in any way;

� "Content" means any and all material uploaded to or posted on the Service by a User, including Documents, Comments and Messages;

� "Website" means all and any information made available by KT on the World Wide Web as part of the Service or as part of KT's other activities, whether publicly accessible or held confidential for access only those with the appropriate permission;

� "Document" means a digital file uploaded to the Service by a User for display7 to his or her guests;

� "Comment" means any text posted on a Document in the Service by inserting it in a Comment box;

� "Message" means any electronic text message sent through the Service from a User to other Users or to those persons whom a User invites to view or comment on a document, whether worded by the originating User or generated automatically by the Service;

� "Tariff" means the charges made by KT for the Service;

� "Methods of Payment" means the forms payment which KT will accept;

� "Account Manager" means the person delegated to manage a prepayment account by an organisation, which has such an account for the Service with KT.

User Agreement

This Agreement constitutes you agreement with KT in respect of your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or
remain a User of the Service. As used in this Agreement, "we" and "us" means KT or any su7ccessor or assign of KT.

Right of Use

Your right to use the Service is subject to any limitations conditions and restrictions established by us at our sole discretion from time to time. We may alter suspend or discontinue any aspect of the Service at any time including the availability of any Service feature database or content. We may restrict your access to parts or all of the Service without notice or liability.

Adult

You represent warrant and covenant that you are at least 18 years old and are able to understand the terms of this Agreement.

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Membership Categories

Users of the Service may be Guests or Members.

Guests are not liable for any charge by us for the use of the Service by them or by any other Users. Following successful registration with the Service a Guest may view and / or comment on any Document and its related Content to which he or she has been granted access by the User who uploaded that Document. A Guest may not upload Documents to the Service.

Members must have a valid prepayment account with KT. Such prepayment account can be in the name of the individual User or in the name of an organisation with which the User is associated. Following successful registration Members enjoy the same rights as Guests; and they may also upload Documents to the Service and invite other Users to view and / or comment on those Documents. Members may from time to time be offered access to additional features of the Service that are not available to Guests.

An organisations Account Manager may at his sole discretion cancel or otherwise limit any and / or all the rights of any and / or all Members of the Service where rights derive from an association with that organisation.

Payments and Charges

All fees for a Members use of the Service are charged to that Members prepayment account at the Tariff current at the time when the Member makes chargeable use of the Service. The current Tariff is displayed on the Website. KT may at its sole discretion amend the Tariff at any time.

If a prepayment account is not in credit KT may at its sole discretion without warning cancel or otherwise limit the Member rights of all and any Users associated with that account. A User who loses Member rights as a result of such action by KT will continue to have Guest rights in the Service.

The current Methods of Payment are displayed on the Website. KT may at its sole discretion amend these Methods at any time.

Privacy and Use of Information

By registering for or otherwise using the services you have also agreed to our Privacy Statement. You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the information you provide to others through the Service; and (c) we cannot and do not assume any responsibility for the Content posted through the service by other Users, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee and have no responsibility for verifying the accuracy of the information provided by other users of the Service.

You may not use the Service for any unlawful purpose. We may refuse to grant you a user identity that impersonates someone else; or that is protected by trade-mark or proprietary law; or that is vulgar or otherwise offensive; as determined by us at our sole discretion.

Monitoring of Content

We reserve the right to monitor all Content to ensure that it conforms to the Code of Conduct and to any other content guidelines, which may be applicable from time to time.

Responsibility for content in the Service

We do not and cannot reasonably review every Document Comment or Message uploaded to or posted on the Service by its Users. By using the Service you accept full unconditional and sole responsibility for the content of all Documents Comments or Messages that you upload or post using the Service. You are solely liable for any direct or consequential loss suffered by us as a result of your use of the Service.

Removal of Information

We reserve the right at our sole discretion to delete or otherwise remove from the Service any Content that we deem to violate the Code of Conduct set out above or to be otherwise unacceptable for any reason whatsoever. We will not in any circumstances be liable to pay compensation or made reparation to the User whose Content has been deleted or removed from the Service by us or to any other User for any reason whatsoever.

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Termination of Access to Service

We may at our sole discretion terminate or suspend you access to all or part of the Service at any time with or without notice for any reason including without limitation breach of this Agreement. Without limiting the generality of the foregoing any fraudulent abusive or otherwise illegal activity or any activity that may otherwise affect the use by others of the Service or the Internet may be grounds for termination of your access to all or part of the Service at our sole discretion and you may be referred to appropriate law enforcement agencies.

Proprietary Information

The Service contains information, which is proprietary to us and our partners and the Services users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them.

You agree not to modify copy or distribute any such information in any manner whatsoever without having first received the express permission of the owners of such information.

No Responsibility

You acknowledge that we are not responsible for suspension of the Service regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid to us for use of the Service during the 12 months preceding the interruption or suspension. We may discontinue or change the Service or its availability to you at any time and you may stop using the Service at any time.

Security

Your account is private and should not be used by anyone else. You are solely responsible for all use or activity in the Service by persons using your user identity and password including but not ki8mited to use of your password by any third party regardless of the means by which that third party gained knowledge of your password.

External Links

The Service may from time to time contain links to other Internet sites and resources. You acknowledge that we are not responsible for, and have no liability as a result of, the availability of such links or their contents.

Indemnity

You agree to indemnify us and our officers directors employees and agents from any loss or damages including without limitation reasonable legal fees which we may suffer from your activities on or use of the Service including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall co-operate fully in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided however that you shall remain liable for any such claim.

No Warranties

The Service is distributed on an "as is" basis. We do not warrant that the service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law you acknowledge that the Service is provided without any warranties of any kind whatsoever either express or implied including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is solely at your own risk. We do not represent or endorse the accuracy or reliability of any Content posted or sent through the Service by us or our partners or any User of the Service. You acknowledge that any reliance upon any such Content shall be at your sole risk.

We do not represent or endorse the accuracy or reliability of any document, opinion, statement or other information displayed or distributed through the Website by us or our partners or any User of the Service. Your continued use of the Service now or following the posting of notice of any changes in this Agreement will constitute a binding acceptance by you of this Agreement or any subsequent modification.

Modifications

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Website and / or sent to Users via electronic mail as we may determine at our sole discretion. If you do not agree to any modifications you should terminate your use of the Service. Your continued use of the Service now or following the posting of notice of any changes in this Agreement will constitute a binding acceptance by you of this Agreement or any subsequent modifications.

Disclosure and Other Communication

We reserve the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your identity. By your use of the Service you consent to such disclosures and communications subject to the terms of our Privacy Statement.

Governing Law

This Agreement is entered into in England. You agree that it will be governed by the laws of England and that any disputes arising out of this Agreement will be subject to the courts of England. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts of the International Sale of Goods.

THE PARTIES SPECIFICALLY AGREE THAT THE PERFORMANCE OF THIS AGREEMENT, IN ALL ITS ASPECTS, TAKES PLACE WITHIN THE JURISDICTION OF ENGLAND

Assignment

You do not have the right to assign this Agreement or any of your rights or duties under this Agreement to anyone. We have the right to assign any or all of our rights and duties under this Agreement or to the Service to any third party at our sole discretion. If our obligations hereunder are assumed by a third party we shall be relieved of any and all liability under this Agreement.

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Refund Policy

Last updated on 6th June 2004

By law, you have the statutory right to cancel your membership of forcomment within 7 days of signing up on our web site. If you do cancel your membership within this period, you will receive a full refund of your initial payment.

If you wish to terminate your membership at any time after that, the termination will become effective as soon as we receive communication of it and no more monthly fees will be payable from that point. No refunds will be given of fees paid up to that point.

There are two possible procedures for terminating your membership:

• You may terminate your monthly payment agreement directly through the Worldpay web site. Your account will then expire soon after the next payment was due.
• You may e-mail us at support@forcomment.com and we will terminate your monthly payment agreement. Your account will then expire soon after the next payment was due.

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