File4ward - Remote PC Access Terms of Use

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Terms and Conditions of Use for File4ward.com and Related Software and services.

PART I: TERMS APPLICABLE TO ALL OF File4ward.com

These Frozen Dirt Media File4ward.com Terms of Service comprise a legal agreement between You and FroZen Dirt Media Corporation , as further described in the next sentence, and govern Your use of File4ward.com and/or related sites. If You are registered as a File4ward.com subscriber from any country other than a country in Europe, Africa (other than Mayotte) or the Middle East, then this agreement is between You and Frozen Dirt Media Corporation. If You are registered as a File4ward.com subscriber from Europe, Africa (other than Mayotte) or the Middle East then this Agreement is between You and Frozen Dirt Media Or it’s Parent Company FroZen Dirt Media Corporation Operations Limited. Unless the context otherwise clearly requires, when the term "Frozen Dirt Media " is used in this Agreement, it means the entity (Frozen Dirt Media Corporation) with whom You have contracted.

BY SUBSCRIBING TO A File4ward.com SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service and the Additional Terms do not subscribe to or use the File4ward.com services.

File4ward.com is made up of Web sites and Web pages operated by Frozen Dirt Media Corporation and its affiliates and of various products and services which are provided by Frozen Dirt Media Corporation, its affiliates or third party service providers. These Web sites, Web pages, products and services will be collectively referred to in this Agreement as "File4ward.com" or the "File4ward.com Network." "You" means You, Your company, Your employees, and anyone who has access to use Your File4ward.com; account. You must be at least eighteen (18) years of age to subscribe to and use any File4ward.com service or product.

The general provisions in Part I of these Terms of Service apply to the File4ward.com Network and to all of the products and services provided through the File4ward.com network. The provisions in Part II of these Terms of Service are additional provisions that apply to the particular File4ward.com product(s) or service(s) described in each section of Part II. Each applicable File4ward.com Web site, product or service may have other posted guidelines or rules (the "Additional Terms"). All such Additional Terms are incorporated by reference into these Terms of Service.

The File4ward.com Network is offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout the File4ward.com Network and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. Frozen Dirt Media reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If Frozen Dirt Media makes a material change to the Terms of Service, Frozen Dirt Media will give You notice by email at the email address which You use as Your user ID for Your File4ward.com account thirty days before such change is scheduled to take effect. If You continue to use the File4ward.com Network after any such changes, Your continued use will constitute Your consent to such changes.

Any rights not expressly granted herein are reserved by Frozen Dirt Media . In addition Your registration information and other information about You is subject to our Privacy Statement located at http://penokio.com/file4ward/privacy.htm

If You do not have print capability or otherwise desire to obtain a hard copy of these Terms of Service, please visit the File4ward.com customer service Web site and send an email requesting a hard copy. You may also click on the link to "Terms of Service" or "Terms of Use" at the bottom of each page of the File4ward.com Network for copy of these Terms of Service, which may be printed and saved through the printing and saving capability of your browser and printer.

YOUR WARRANTIES
By subscribing to any service offered on the File4ward.com site, You make the following representations and warranties. Frozen Dirt Media shall have the right to terminate your File4ward.com account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.

You represent and warrant that:

You and all users of the File4ward.com Network approved by you are at least eighteen (18) years of age;
You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the File4ward.com service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d) if you are acting in a corporate capacity, to bind Your company;
You will not use the File4ward.com Network for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time);
All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration, subscription and billing process;
Any products or services advertised, sold or otherwise distributed by You on or in connection with Your Web Site are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and
You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your Web Site, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your Web Site. By using the File4ward.com Network, You agree that You will defend and indemnify Frozen Dirt Media and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

By using the File4ward.com Network, You agree that You will defend and indemnify Frozen Dirt Media and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

LIMITATIONS ON YOUR USE OF THE File4ward.com NETWORK
The File4ward.com Network is provided to assist You with the operation of Your business. Your right to use the File4ward.com Network is limited to You, and Your company and its employees. You are solely responsible for Your content and Your Web site and your File4ward.com account. Frozen Dirt Media reserves the right, but is not obligated, to monitor or to review materials posted on Your Web site and to monitor your compliance with these Terms of Service and the Additional Terms. Frozen Dirt Media reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the File4ward.com Network, except as expressly provided herein.

You may not use a name in connection with operating Your File4ward.com Web site that is confusing or misleading, or otherwise impersonate or deceive anyone with respect to Your identity.

You may not restrict or inhibit any other user from using and enjoying such user's rights in File4ward.com.

You may not interfere with or disrupt the File4ward.com Network or servers or any network connected to File4ward.com.

You may not use the File4ward.com Network or the products or services provided through or in connection with the File4ward.com Network to:

1. rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party;

2. defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;

3. conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multi-level or illegal marketing campaigns;

4. harm minors in any way;

5. publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is illegal, inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;

6. sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods, services or activities that if sold via any File4ward.com services or Your Web site would cause Frozen Dirt Media to violate any law, statute or regulation; or any other illegal activity;

7. harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;

8. violate any applicable government laws or regulations.

You may not reproduce or redistribute any Software, as that term is defined in the Section entitled "Software Available on the File4ward.com Network." You may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the File4ward.com Network, or in any product, service or Software provided through the File4ward.com Network.

The information provided by Frozen Dirt Media to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of Frozen Dirt Media with any third party.

TERMS RELATED TO FEES AND BILLING
Some products and services available through or in connection with File4ward.com require that You purchase a subscription or otherwise pay a fee. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your File4ward.com account by you or anyone else using your account. Frozen Dirt Media reserves the right to modify the fees charged for File4ward.com products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after Frozen Dirt Media notifies You via email or otherwise of such modified fees.

CHARGES ON YOUR BILLING ACCOUNT

Frozen Dirt Media bills you through an online account (your "Billing Account") for services and items obtained through the File4ward.com Network (the "Products"). You agree to pay Frozen Dirt Media all charges at the prices then in effect for any Products ordered by you or other persons (including your agents) using your Billing Account, and you authorize Frozen Dirt Media to charge your chosen payment method (your "Payment Method") for such Products. You agree to make payment using that selected Payment Method. Charges on your Billing Account will be summarized for you online (your "Online Statement"). You will have one Online Statement per Billing Account. Frozen Dirt Media reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY Frozen Dirt Media IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT https://file4ward.com. IF YOU FAIL TO PROVIDE Frozen Dirt Media ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT Frozen Dirt Media MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT (CONFIRMED IN WRITING UPON REQUEST).

Currency exchange settlements will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Frozen Dirt Media does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are itemized on your Online Statement or charged to your Billing Account or Payment Method.

If the amount to be charged to your Billing Account varies from the amount you preauthorized, you have the right to receive, and Frozen Dirt Media shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern your use of your Payment Method. You agree that Frozen Dirt Media may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Frozen Dirt Media MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE Frozen Dirt Media REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO https://billing.Frozen Dirt Media

Your non-termination or continued use of the Products on your Billing Account reaffirms that Frozen Dirt Media is authorized to charge your Payment Method. Frozen Dirt Media may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive Frozen Dirt Media 's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially ordered the applicable Product.

ONLINE STATEMENT

Your Online Statement will be available monthly after you log-in at https://file4ward.com. Subject to applicable law, you agree that the Online Statement is the only statement of your Billing Account that Frozen Dirt Media needs to provide to you. YOU ALSO AGREE THAT IT IS YOUR RESPONSIBILITY TO PRINT OR STORE A COPY OF YOUR ONLINE STATEMENT AND TO RETAIN THIS COPY FOR YOUR RECORDS. While you may request a paper copy of your Online Statement, you will be charged a retrieval fee. To request a paper copy of your Online Statement, go to https://file4ward.com. Paper copies of your Online Statement will only be provided for 120 days from the date of the Online Statement.

Frozen Dirt Media will use commercially reasonable efforts to correct any technical failures relating to an Online Statement within a reasonable time; however, your inability to view an Online Statement does not extend, or relieve you of, your obligation to pay any amounts owing to Frozen Dirt Media . Unless you notify Frozen Dirt Media of any error within 120 days after it first appears in any Online Statement, such statement will be deemed accepted by you for all purposes, including resolution of inquiries made by your Payment Method Provider. TO THE EXTENT ALLOWED BY LAW, YOU RELEASE Frozen Dirt Media FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR THAT IS NOT REPORTED TO Frozen Dirt Media WITHIN 120 DAYS AFTER THE ERROR FIRST APPEARS ON YOUR ONLINE STATEMENT.

DUE DATE; LATE CHARGE; COLLECTION COSTS

The amount due to Frozen Dirt Media for your Billing Account must be paid in full by your Payment Method Provider on the date such payment is requested by Frozen Dirt Media , not later than 30 days after the billing date; you are not entitled to carry forward a balance. You agree to pay late charges that may be assessed by Frozen Dirt Media on amounts due but not timely paid. The late charge will be 1% per month (or 12% per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law. Frozen Dirt Media reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of these Terms of Use and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs.

DEFAULT

If Frozen Dirt Media does not receive payment for any charge to your Billing Account, you will be in default and Frozen Dirt Media may suspend or cancel your Billing Account and your access to any or all Frozen Dirt Media Products. If your Payment Method Provider seeks return of payments previously made to Frozen Dirt Media , but Frozen Dirt Media in good faith believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and Frozen Dirt Media may cancel your Billing Account and your access to any or all Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, Frozen Dirt Media MAY STOP DELIVERY OF ANY PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON A Frozen Dirt Media SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.

TERMINATION, CANCELLATION OR SUSPENSION; REFUNDS

Frozen Dirt Media may, in its discretion, terminate, cancel, or suspend an accepted order if Frozen Dirt Media is notified that your Payment Method has expired or has been cancelled, or if Frozen Dirt Media has reason to believe that any Billing Account information provided to Frozen Dirt Media is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by you or Frozen Dirt Media , will not alter your obligation to pay all charges made to your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before Frozen Dirt Media could reasonably act on your termination notice ). Subject to any withdrawal right you may have under applicable law, You will not be entitled to any refunds upon termination, cancellation or suspension unless these Terms of Service or the cancellation policy on the cancellation policy page of the File4ward.com website expressly so provides.

If You notify Frozen Dirt Media by phone at the number found on thecontact page of the File4ward.com website or in writing that You are canceling one or more File4ward.com services or products, your subscription will be cancelled according to our cancellation policy. Frozen Dirt Media is not required to refund directly to You any amounts paid hereunder.

In the event that Frozen Dirt Media terminates Your File4ward.com account or one or more of Your File4ward.com services for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service. Except as otherwise required by law, the costs of any returns if permitted will be at your expense.

GENERAL

You represent and warrant that you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with your responsibilities and obligations as stated in these Terms of Service. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of these Terms of Service and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in your Billing Account.

CANCELLATION POLICY

You acknowledge that if You cancel any subscriptions to a File4ward.com service that You may not be entitled to a refund of all or part of amounts already paid by You for such File4ward.com subscription. You agree that (a) File4ward.com's cancellation policy will be posted on the File4ward.com Web site and may be changed from time to time by File4ward.com in its sole discretion and (b) the cancellation policy posted at the time you cancel your subscription shall govern the amount of the refund (if any) due to you.

CHANGES TO SERVICES, TERMINATION BY File4ward.com
Frozen Dirt Media may change any of the File4ward.com services at any time and from time to time without notice, including terminating the offering of any File4ward.com service altogether.

Frozen Dirt Media may terminate Your account, Your access to File4ward.com or any of Your File4ward.com services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your File4ward.com services or from using the File4ward.com Network or from receiving any products, services or benefits from File4ward.com, if Frozen Dirt Media determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if Frozen Dirt Media receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with the File4ward.com Network and there will be no refund of any fees prepaid by You. If You subscribe to a File4ward.com service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) your use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of Your annual fee for the File4ward.com service terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.

LINKS TO THIRD PARTY SITES
Links within the File4ward.com Network may let You leave the File4ward.com Network. You acknowledge that the linked sites are not under the control of Frozen Dirt Media and that Frozen Dirt Media is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. Frozen Dirt Media is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Frozen Dirt Media of the linked site or any association with their operators.

LICENSE YOU GRANT TO File4ward.com
Frozen Dirt Media does not claim ownership of the materials You provide to Frozen Dirt Media (including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of File4ward.com or any Web site ("Your Web Site") created by You or on Your behalf in connection with the use of File4ward.com (collectively "Submissions"). However, You grant Frozen Dirt Media a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Your Submission, and to publish Your name in connection with Your Submission) Your Submission only in connection with the operation and promotion of File4ward.com. You also grant Frozen Dirt Media the right to publish Your name in connection with any such use. No compensation will be paid or due You with respect to Frozen Dirt Media 's or its sublicensee's use of the materials as licensed above. Frozen Dirt Media is under no obligation to post or use any materials You may provide, and may remove such materials at any time in Frozen Dirt Media 's sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the File4ward.com Network, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant Frozen Dirt Media the license set forth above, and You will defend and indemnify Frozen Dirt Media and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

You grant Frozen Dirt Media permission to use screen shots of any Web page that contains a link to File4ward.com or File4ward.com HTML code (with respect to the File4ward.com Banner Network) in File4ward.com promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.

SOFTWARE AVAILABLE ON THE File4ward.com NETWORK
Software (if any) that is made available to download from or otherwise use through the File4ward.com Network, excluding software that may be made available by third parties via File4ward.com, ("Software") is the copyrighted work of Frozen Dirt Media and/or its suppliers. Your use of the Software is governed by these Terms of Service, and the applicable Additional Terms, and the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Service or Additional Terms, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. For any Software not accompanied by a license agreement, Frozen Dirt Media Corporation hereby grants to You, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular File4ward.com Web Site or File4ward.com service in accordance with the License Agreement, the Terms of Service and Additional Terms and for no other purpose. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by Frozen Dirt Media and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. You are responsible for ensuring the Software is marked with the "Restricted Rights Notice" or "Restricted Rights Legend," as required. All rights not expressly granted are reserved.

LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material included in or available through the File4ward.com Network may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the File4ward.com Network should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.

Your access to and use of the File4ward.com Network, and products and services of File4ward.com, is at Your own risk. Frozen Dirt Media makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the File4ward.com Network, or such products or services. Without limiting the foregoing, NEITHER Frozen Dirt Media NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN File4ward.com FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Frozen Dirt Media AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL Frozen Dirt Media OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF File4ward.com OR RELATED SERVICES, OR
WITH THE DELAY OR INABILITY TO USE File4ward.com OR RELATED SERVICES;
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH File4ward.com; OR
OTHERWISE ARISING OUT OF THE USE OF File4ward.com, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Frozen Dirt Media OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF File4ward.com, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE File4ward.com NETWORK AND ITS RELATED SERVICES AND PRODUCTS.

Without limiting the foregoing, Frozen Dirt Media is not responsible for any of Your data residing on Frozen Dirt Media and File4ward.com Network hardware or systems, including such hardware or systems provided to Frozen Dirt Media by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the Frozen Dirt Media or File4ward.com hardware or systems, including such hardware or systems provided to Frozen Dirt Media by third parties, whether or not such information is produced through the use of File4ward.com, including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the File4ward.com Network. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. Frozen Dirt Media will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the File4ward.com Network, its services or products; (b) Your customers' use of Your Web site hosted by or created through File4ward.com and Your products and services; (c) use of the File4ward.com Network by any other party to whom You have given access to Your company information for use of the File4ward.com Network; (d) errors, bugs or other defects in the File4ward.com Network; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the File4ward.com Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Frozen Dirt Media 's records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the File4ward.com Network.

Frozen Dirt Media is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your File4ward.com information, through the use of the File4ward.com Network.

Frozen Dirt Media is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your Web site or between You and any user of any products or services offered or provided by You or by a third party through the File4ward.com Network. Frozen Dirt Media is not responsible for screening, censoring or otherwise controlling Your Web Site, or any listings or transactions offered or conducted via Your Web Site. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your Web site or through File4ward.com. Frozen Dirt Media is not acting as Your or any third party's agent in connection with the operation of File4ward.com. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because Frozen Dirt Media is not involved in any orders or other transactions between You and other users of File4ward.com or other marketplace forums, Frozen Dirt Media cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.

Unless otherwise expressly stated in these Terms of Service, Your payments for orders or transactions conducted via Your Web Site or on any File4ward.com service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source ("payor"). Frozen Dirt Media is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payors. Frozen Dirt Media makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using File4ward.com.

INDEMNITY
You agree to defend, indemnify and hold Frozen Dirt Media and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Frozen Dirt Media or Your use of File4ward.com.

ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
Frozen Dirt Media reserves the right to deny in its sole discretion any user access to File4ward.com or any portion thereof without notice.

You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the File4ward.com Network resulting from any third party using a password or user name issued to You. You agree to notify Frozen Dirt Media immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the File4ward.com Network known to or suspected by You. You may change Your password at any time by following instructions on the File4ward.com Web site.

You hereby authorize Frozen Dirt Media to rely on any data, notice, instruction or request furnished by You to Frozen Dirt Media , or that Frozen Dirt Media reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. Frozen Dirt Media is not responsible for fraud of participants or of other users of your account.

YOUR CUSTOMER DATA
File4ward.com will only use your customer data in accordance with the privacy policy available at http://penokio.com/file4ward/privacy.htm

GENERAL
If You have made this Agreement with Frozen Dirt Media Corporation, these Terms of Service and the Additional Terms are governed by the laws of the Province of British Columbiua, Canada. If You have made this agreement with Frozen Dirt Media Or it’s Parent Company FroZen Dirt Media Corporation Operations Limited, (i) claims for enforcement, breach or violation of duties or rights under these Terms of Service shall be adjudicated under the laws of it’s Parent Company FroZen Dirt Media Corporation and (ii) all other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. Regardless of whether You have contracted with Frozen Dirt Media Corporation or Frozen Dirt Media Or it’s Parent Company FroZen Dirt Media Corporation Operations Limited, You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, Canada in all disputes arising out of or relating to the use of the File4ward.com Services or the File4ward.com Network. You agree not to represent yourself to be a representative, agent, or employee of Frozen Dirt Media and that Frozen Dirt Media will not be liable by reason of any representation, act or omission to act by you.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Frozen Dirt Media as a result of these Terms or Service or use of File4ward.com.

Frozen Dirt Media 's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of Frozen Dirt Media 's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the File4ward.com Network or information provided to or gathered by Frozen Dirt Media with respect to such use.

If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.

Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and Frozen Dirt Media with respect to the File4ward.com Network and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Frozen Dirt Media with respect to the File4ward.com Network.

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Frozen Dirt Media may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove Your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which You must have provided consent or engaged in conduct to obtain the applicable services or Products.

The example companies, organizations, products, people and events depicted within File4ward.com are fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred.

Frozen Dirt Media is not obligated to monitor the content on File4ward.com. Frozen Dirt Media reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with Frozen Dirt Media 's Privacy Statement located at http://www.Frozen Dirt Media .com/info/privacy.htm. Frozen Dirt Media reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the File4ward.com Web sites, in Frozen Dirt Media 's sole discretion, without notice at any time.

Any rights not expressly granted herein are reserved by Frozen Dirt Media , including all legal and equitable remedies available to Frozen Dirt Media or violation of any of these Terms of Service.

COPYRIGHT AND TRADEMARK NOTICES
All contents of the File4ward.com Network are: Copyright (c) 2000 - 2005 Frozen Dirt Media , Inc. and/or its suppliers, c/o Frozen Dirt Media Corporation,1010-4226 Commerce Circle, Victoria, BC. Canada.. All rights reserved.

TRADEMARKS
File4ward.com is either a trademark or registered trademark of Frozen Dirt Media Corporation. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved by Frozen Dirt Media .

FOR INFORMATION REGARDING THE File4ward.com PRIVACY STATEMENT read the document located at http://penokio.com/file4ward/privacy.htm

SERVICE CONTACT
If You need to contact Frozen Dirt Media regarding the File4ward.com Network, please visit our contact listings page at http://www.penokio.com/contact.htm