1.  Dial Up Access

A. Forbin's Internet Access Service will provide you with: (1) unlimited access to the Internet through Forbin's Internet Access Service on any of the Internet plans*; (2) no cancellation fees; (3) free customer technical phone support to address connectivity difficulties. Additions/deletions to email accounts may be subject to $15.00 order change fees.

* The term "unlimited access" is defined as unrestricted access to the internet and the data on the internet, and does not grant a user the right to keep a dial-up connection up 24 hours a day/7 days a week. Online time is monitored according to the plan purchased and if the account is being abused, the user will be charged at a per minute rate of our discretion.

B.  You are responsible for verifying that the phone number you are calling the Internet through Forbin is a local access number to which your computer is dialing. Any telephone charges associated with your access to the Internet through Forbin are solely your responsibility. FORBIN DOES NOT REIMBURSE OR PAY ANY TELEPHONE CHARGES FOR ANY REASON.

2. Wireless Access

A. Forbin's Wireless Internet Access Service will provide you with:

1.)  24/7 access to the internet;

2.) Free customer technical phone support addressing connectivity difficulties to Forbin

B.  Forbin is not liable for any damage to customer owned computer equipment. You are required to carry insurance against the loss on all equipment provided by Forbin. The customer will be responsible for the repair costs on all hardware components that become damaged. Should a customer fail to return hardware components upon canceling service or lose any of the components, they will be billed according to the model installed ($499.00 for the radio card, computer interface card and antenna).

C. Landlord permission is required before service can be installed in any type of rental property. Your landlord must be aware that an external antenna will need to be mounted to the outside structure and that a interconnect cable will need to connect the external antenna to the internal computer or network hub. You must provide written permission, signed by your landlord, to the Forbin installer before Forbin service can be installed.

D. Your contract will automatically renew on a month-to-month basis after the end of the initial term unless you notify the company, in writing, at least 30 days in advance of the expiration of your then current contractual term.

3. Spam and Virus Filtering Subscriptions

Forbin provides added features in the means of virus scanning and spam filtering on email domains hosted on Forbin's servers. Even though our spam filtering and virus scanning engines are 99% accurate we cannot nor will not be held liable for any false positives or false negatives. Not all viruses can be caught 100% of the time. A virus has to be created before virus signatures are updated and pushed out to our server. Until the antivirus manufacturers update their signatures there is a window of time that such virus may enter the customer's computers. Our email virus scan is in no way meant to replace any client side antivirus solution. It is the sole responsibility of the consumer to protect their local computers and network. We provide this service as a means to help aid in the detection of viruses prior to subjecting them to local scans at the customers premises. By subscribing to these services you agree to these terms of service regarding spam and virus checking.

4. The Internet is not owned, operated, or managed by, or in any way affiliated with Forbin or any of Forbin's affiliates. The Internet is an international computer network of both Federal and non-Federal inter-operable packet switched data networks. Forbin cannot and will not guarantee that the Access Service will provide Internet access that is sufficient to meet your needs. You agree that your use of the Access Service and the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.

5. You agree that Forbin retains the right, but not the obligation, to restrict or terminate your Access Service at any time, if Forbin, in its sole discretion, determines that you are in violation of this Agreement. You agree that, if Forbin determines that you are in violation of this Agreement, any restriction or termination of your Access Service will be effective immediately, without prior notice. You agree that Forbin will have no liability to you for any restriction or termination of your Access Service pursuant to such violation.

6. You agree that if Forbin terminates your Access account as a result of your violation of Forbin Online Policies, you forfeit any right to a refund of any prepaid account charges, such forfeiture being agreed to you by you and Forbin as liquidated damages and not as a penalty. You further agree that if you violate Forbin's Online Policies, Forbin may refuse to accept any application for renewal or re-subscription following cancellation."



IV. Content of Communications. back to top

1. The Access Service provides you access to information, communications, software, photos, video, graphics, music, sounds and other material and services located both on Forbin's computer servers and on the Internet ("Content"). You agree that you must evaluate and bear the risks associated with the subject matter, accuracy, completeness or usefulness of any Content available to you on or through the Access Service.

2. You agree that Forbin has the right, but not the obligation, to remove Content from Forbin's computer servers which Forbin, in its sole discretion, determines to be in violation of this Agreement or Forbin's Online Policies.

3. As a matter of policy, Forbin does not pre-screen Content placed on Forbin's computer servers by any of its subscribers. Forbin does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on Forbin's servers which may violate this Agreement or Forbin's Online Policies. In addition, Forbin cannot ensure the prompt editing or removal of any Content which may violate this Agreement or Forbin's Online Policies after such Content has been posted on Forbin's servers.

4. The Internet provides access to individuals who are not Forbin subscribers. Forbin does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, nor to edit or remove any such Content after its posting on the Internet.

5. Please be advised that, despite Forbin's efforts, you may receive Content which you consider to be inaccurate, defamatory, or otherwise offensive. You agree that Forbin will not be liable for any action or inaction with respect to any Content posted on or through the Access Service and the Internet.

V. Copyright and Other Rights. back to top

1. The Access Service provides access to Content that is protected by copyrights, trademarks, intellectual property rights, and other proprietary rights ("Rights") of independent third parties who make such Content available on or through the Access Service.

2. You agree that your use of Content shall be governed by all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners or licensors of the Rights in such Content.

3. You agree not to post or transmit Content that is subject to another party's Rights, on or through the Access Service, without that party's express permission. Such posting or transmitting: (1) will result in termination of this Agreement, and; (2) may result in civil or criminal liability.

4. You agree to upload to software files, message boards, or otherwise post or transmit on or through the Access Service, only such Content that is not subject to any Rights, unless you have received express authorization to distribute such Content on or through the Access Service by the holder of such Rights.

5. You agree that by posting or transmitting Content to any public area (e.g. public chat rooms, message boards, software libraries) you automatically grant -- or warrant that the owner of such Content has expressly granted -- Forbin the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.

VI. Forbin's Access Service Software. back to top

1. Your use of the Access Service gives you limited rights to use the software through which you access Forbin's Internet Access Service and the Internet (the "Access Service Software"). Forbin grants you a non-exclusive, non-transferable, revocable, limited sublicense to use the Access Service Software for connecting to the Access Service in accordance with this Agreement.

2. You agree that your use of the Access Service provides you access to proprietary features of Forbin's Internet Access Service and of software provided by Forbin's licensors.

3. Forbin and its software licensors have Rights in the Access Service, including but not limited to: software, software documentation, the "look and feel" of the Access Service, Access Service names, subscriber interfaces, and other features.

4. You agree not to copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble any aspect of the Access Service that is owned by Forbin or its licensors.

VII. NO WARRANTY. back to top

1. You agree that your use of the Access Service, the Access Service Software, and the Internet is solely at your own risk. You agree that the Access Service and the Access Service Software is provided on an "as is," "as available" basis without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion.

2. Forbin's disclaims any and all loss or liability resulting from, but not limited to: (1) loss of data; (2) loss of software or hardware; (3) loss or liability resulting from access delays or access interruptions; (4) loss or liability resulting from computer viruses; (5) loss or liability resulting from data non-delivery or data miss-delivery; (6) any other loss or liability resulting from the negligent acts and/or omissions of Forbin or Forbin's subscribers; (7) loss and liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Access Service, and; (8) loss or liability resulting from acts of God.

3. You agree that Forbin's entire liability, and your exclusive remedy, with respect to your use of the Access Service, your use of the Access Service Software, and any breach of this Agreement is solely limited to the amount you paid to use the Access Service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Forbin's liability is limited to the extent permitted by law.

VIII. Indemnification. back to top

1. You agree to defend, release, indemnify, and hold Forbin, its affiliated companies and licensors, harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys fees, arising from breach of the Agreement by use of, or in connection with the posting or transmission of any content by or through your account on the Access Service.

2. You agree that Forbin has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph 1 of this section. In such event, you shall have no further obligations pursuant to Paragraph 1 of this section.

IX. Termination. back to top

As a Dialup or Wireless customer:

1. You agree that you or Forbin may terminate this Agreement for any reason at any time. Termination requires a 30-day written notice. Termination does not release liability for charges due. As a Wireless Access customer, all of the equipment placed at your home/business belongs to and is the sole property of Forbin unless purchased at the beginning of the contract. In the event of your termination of service, you agree to remove and return (in good and working order) all equipment belonging to Forbin or be subject to all attorney fees incurred by Forbin in the process of retrieving the said equipment.

2. You agree that your only right with respect to any dissatisfaction with any: (I) Agreement term, policy, or practice of Forbin in operating the Access Service; (II) Content available on or through the Access Service or change therein; or (III) amount or type of fees or billing methods, or change therein, is to terminate this Agreement as set forth in Paragraph 1.

3. You agree that Forbin has the right, but not the obligation, to delete all program, data, or other files on Forbin's computer servers that are associated with your account at the time of termination.

4. Only the person whose name is on the account will be able to
(A) Change User ID and/or Password
(B) Cancel an existing account
(C) Some restrictions may apply to your selection of user id.

5. The following are non-refundable: Setup Fees, Pre-paid Access, Web and Publishing/Development Fees, Domain registration fees, Static IP charges, Sub Class C charges and Class C charges.

6. Shipping and Handling charges are non-refundable.

X. Law. back to top

1. You agree that this Agreement and Forbin's Online Policies comprise the entire understanding between Forbin and you, and supersede any prior agreements between you and Forbin with respect to the subject matter of this Agreement.

2. You agree that, if any portion of this Agreement or Forbin's Online Policies is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect. The Agreement will be governed by the laws of Iowa, excluding its conflicts of law rules. You and Forbin each submit to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts of Iowa.

Forbin's Online Policies back to top

Forbin's dedication to customer service means that Forbin strives to maintain an Internet Access Service ("Access Service") that provides Forbin's customers with an enjoyable Internet experience, an experience that is free from interference by persons who use the Access Service in an improper or unlawful manner.

Forbin’s Online Policies address frequently asked questions regarding proper online conduct. These policies include information on: Forbin’s Account Charges; the Content of the Online Material that you may find on or through the Access Service; purchasing Online Goods and Services through the Access Service; and how to report complaints regarding a person’s online conduct by using Forbin's Complaint Response Procedures.

Forbin's Online Policies, including the following list of Prohibited Activities, are part of your subscriber agreement. If you restrict or inhibit any other subscribers' use or enjoyment of the Access Service by engaging in any of the activities prohibited below, Forbin may suspend or terminate your account.

As explained in your subscriber agreement, your use of Forbin's Internet Access Service must be governed by all applicable laws and regulations, including all applicable local, state, national, and international laws and regulations. In addition to other applicable laws, this includes all laws relating to copyright, trademark, obscenity, defamation, the right of privacy, false advertising, and fraud.

In addition to such laws and regulations, when using the Access Service you must use your best efforts to avoid interfering with any other person's use and enjoyment of the Access Service. You must also ensure that your use of the Access Service is governed by the rules of proper Internet conduct.

Please use your best judgment, be respectful of other subscribers, and take the time to review the activities listed below. These activities are not proper Internet conduct and are prohibited activities on Forbin's Internet Access Service. Following these rules will ensure that everyone has an enjoyable Access Service experience.

If the connection to Forbin's Authenticating Servers has no activity from the user for a period of 20 minutes, then Forbin will disconnect services and end the session. Connections may also be dropped after reaching a set number of hours of connect time.   This amount of time may be adjusted at any time if necessary to reduce busy signals.  For example, on 11/19/98, the connection time terminates after 6 continuous hours online.

1. PROHIBITED/ABUSE ACTIVITIES. back to top

For purposes of the Prohibited Activities, the term "information" means material of any type capable of being posted or transmitted on or through the Access Service, including material in print, graphic or pictorial form.

When using the Access Service:

(a) Defamation. You agree not to post or transmit any information in violation of any applicable law.

(b) Fraud. You agree not to post or transmit any fraudulent information on or through the Access Service. This mean any information that you know or have reason to know is false, and that you intend for others to rely on.

(c) False Advertising. You agree not to post or transmit on or through the Access Service any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.

(d) Unsolicited Advertising. You agree not to post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other Subscribers, individuals, or entities, except in those areas (e.g., the classified areas) that are designated for such a purpose.

(e) Copyright Violations. You agree not to post or transmit on or through the Access Service any information that infringes another person's or entity's copyright in all or any part of the information.

(f) Trademark, Service Mark, and Trade Dress Violations. You agree not to post or transmit on or through the Access Service any information that infringes another person's rights in its trademark, trade dress, or service mark.

(g) Trade Secret Violations. You agree not to post or transmit on or through the Access Service any information that reveals trade secrets belonging to another person, business, service, or other entity.

(h) Obscenity. You agree not to post or transmit any obscene or sexually explicit images or other content on or through the Access Service.

(i) Harassment, Threats, and Abuse. You agree not to use the Access Service to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity, by any means, including the use of vulgar, hateful, racially, ethnically, or otherwise objectionable information.

(j) False Pretenses. You agree to not use the Access Service to impersonate any person, including but not limited to, an Forbin's official or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting.

(k) Chain Letters. You agree to not post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through the Access Service.

(l) Inappropriate Content. You agree not to post or transmit on or through the Access Service information that is patently inappropriate material, e.g., information or topics not related to the topics focused on by the participants in a particular news group or mailing list.

(m) Scrolling. You agree not to cause the screen to "scroll" faster than other Subscribers or users are able to type to it, or any action to a similar disruptive effect on or through the Access Service;

(n) Disruptive Activities. You agree not to use the Access Service to disrupt the normal flow of online dialogue, or otherwise act in a manner that negatively affects other Subscribers, users, individuals, or entities.

(o) Violations of Service Providers' Rules. You agree to not use the Access Service to violate any operating rule, policy, or guideline of any other online service provider or interactive service.

(p) Multiple Access. You agree that this Agreement is not transferable. You agree not to simultaneously access the Access Service for more than one session at any time.

(q) Abuse of Forbin's Procedures. You agree not to make false or unverified complaints against any Forbin's subscriber, or otherwise abuse any of Forbin's Complaint Response Procedures.

(r) Systems Abuse. You agree not to abuse Forbin’s system by causing any harm to the system so that it inhibits other users ability to effectively use the system.

(s) SPAM. Post or cross post, regardless of content, of the same unsolicited message to 5 or more newsgroups or email recipients.

2. CONTENT OF ONLINE MATERIAL. back to top

Forbin's Internet Access Service provides access to information, communications, software, photos, video, graphics, music, sounds, and other material and services located both on Forbin's computer servers and on the Internet ("Content"). You should be aware that the Internet contains Content, goods and services that you may find improper, obscene, or otherwise offensive. Such Content may not be appropriate for you or for any minors who may be accessing the Internet through your account.

As a matter of policy, Forbin does not pre-screen Content placed on Forbin's computer servers by any of its subscribers. Forbin does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on Forbin's servers which may violate Forbin's rules, nor can Forbin ensure prompt editing or removal of actually or potentially violating Content after such Content has been posted on Forbin's servers. You may, therefore, receive offensive and unsolicited Content that Forbin cannot control.

Although Forbin retains the right to remove Content from Forbin's computer servers that violates its subscriber agreement, the Access Service provides access to users who are not a part of Forbin. Forbin does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, nor to edit or remove any such Content after its posting on the Internet.

Accordingly, Forbin cannot be responsible for any conduct, Content, goods, and services available on or through the Access Service. Forbin suggests that concerned parents consider using one of the commercially available programs capable of restricting access to sexually explicit material on the Internet. Forbin recommends the installation of "SurfWatch," which is now available at Cybersitter's Website. However, no parental control software is perfect. Your use of such software is solely at your own risk. Forbin makes no warranties or representations as to the accuracy, completeness, or usefulness of any parental control software or service.

3. PRIVACY OF COMMUNICATIONS. back to top

Forbin intends to respect its Subscribers' privacy and will not randomly monitor or disclose the contents of private e-mail or private chat room communications. However, you agree that Forbin has the right, but not the obligation, to monitor or disclose the contents of private communication, if Forbin, in its sole discretion, reasonably believes that such action is necessary: (1) to comply with applicable law or valid legal process; (2) to protect Forbin's rights or property; or (3) in emergencies when a person's physical safety is at issue.

4. ONLINE GOODS AND SERVICES. back to top

Forbin does not control, provide, operate, or take responsibility for any Content, goods, or services available on or through the Access Service. You may receive blind opportunity advertisements, pyramid schemes, and other "get rich quick" schemes on or through the Access Service. These should be avoided or approached with ample skepticism.

All such Content, goods, and services are made available by independent third parties and are not part of Forbin or controlled by Forbin. Please remember that Forbin does not endorse, warrant, or guarantee the accuracy, completeness, usefulness, quality, or availability of any Content, goods, or services available on or through the Access Service, and your use thereof is solely at your own risk.

You should use your best judgment and exercise caution when purchasing a product through the Access Service. Forbin will not be a party to, or in any way be responsible for, monitoring any purchases or other transactions between you and any other persons providing Content, goods, or services on or through the Access Service. Forbin assumes no responsibility for any such transactions and will not mediate disputes relating to such transactions. Forbin disclaims any responsibility for any such transactions even where the Access Service features or displays a link with a particular World Wide Web site.

By using the Access Service you agree that neither Forbin nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss, liability of any nature, or damage caused, or alleged to have been caused by your use of, or reliance on, any Content, goods, or services available on or through the Access Service.

5. ACCOUNT CHARGES. back to top

Your monthly account charges are payable in advance. However, no cancellation fees will apply if you terminate your account. If your account is terminated by Forbin because of violations of Forbin's Online Policies, you will not be entitled to a refund, such forfeiture being agreed to you and Forbin as liquidated damages and not as a penalty.

You are responsible for all activities and charges associated with your account. If any unauthorized charges are made on or through your account, you are responsible for such charges until you notify Forbin of a breach of security by calling Forbin at 1-319-274-4430 and change your password. Please be advised that the Contact Person or Owner of the Forbin Internet Account is solely responsible for activities conducted through, on or with their Forbin Internet Account. If you, or someone to whom you have given access to your account, violates the Forbin Internet Access Agreement, your account will be cancelled.

If you pay by credit card, you expressly authorize Forbin to charge the credit card account number associated with your Account for any Access Service charges that accrue from month to month. You reauthorize Forbin to charge your designated credit card account each time you use the Access Service. This authorization will remain valid until you terminate your authorization in writing (email will be accepted). Cancellation must be received BEFORE the first of the month. No refunds will be made for cancellations made after the monthly billing date. All payments made to Forbin for Internet service will constitute a "contract" for the month(s) paid for. No refunds will be made if you cancel before your "contract" term is up. Forbin may immediately terminate your account, in Forbin's sole discretion, for declined credit cards, returned checks, or any other non-payment of account charges

NOTE: Billing will occur on the 1st of the month. If the 1st lands on the weekend or on a holiday that Forbin is closed and observing, the billing will be done on the first following business day. If for any reason your credit card is denied, you will be subject to a service charge of $5.00 and your account will be disabled immediately. It is up to you as the credit card holder to inform Forbin of any changes regarding your card; i.e., replacement, new expiration date, etc. The card will not be run again until such time you have contacted our Accounting Manager. If you do not contact the Accounting Manager within 10 days, your account will be deleted from our servers and a $15.00 fee will be required - in addition to the outstanding amount owed - to have your account reconnected.

All billing cycles will begin on the first day of the month and continue for that month.

If you pay other than by credit card, your account charges are due on your receipt of an invoice, and payment of your account charges must be received by Forbin's prior to the first day of each month. Only accounts with invoices of more than $50.00 can be invoiced. Your account will be considered to be in default if payment of your account charges are not received by the date of your invoice and you may have your Access Service interrupted.

If any instrument received in payment is returned to Forbin unpaid, your account will be considered to be in default, and in addition to the amount due, you will be subject to a returned check charge of $35.00. If your account is cancelled or interrupted for non-payment, you must continue to pay your monthly account charges. Only your written request to terminate your account will relieve you of your obligation to pay your monthly account charges.

If your account is in default, you are subject to an interest charge of 1.5 percent per month, or the maximum allowable rate under state law. If you default on your account, you agree to pay Forbin its reasonable expenses, including attorneys' fees and collection agency fees, incurred in enforcing Forbin's rights under Forbin's Internet Access Agreement.

6. FORBIN'S COMPLAINT RESPONSE PROCEDURES.
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Forbin's dedication to customer service means that Forbin takes seriously and responds to all complaints about its subscribers' use of the Internet. This means complaints by both Forbin's subscribers and complaints by other Internet users. Forbin believes that its customers should be able to enjoy full use of the Internet without interference by persons who use the Internet in an improper or unlawful manner.

Forbin will respond to any complaint that involves online activities that are Prohibited Activities under the Forbin's Online Policies.

Forbin will follow the Complaint Response Procedures described below to respond to complaints from subscribers and others about Forbin's subscribers. Under these procedures, Internet users -- including Forbin's subscribers -- are responsible for monitoring use of the Internet by others. Forbin will issue warnings to its subscribers, suspend subscribers' accounts and even cancel accounts when it learns of continuing improper activities.

If you have any questions regarding these policies, you can call Forbin's Customer Service Department at 1-319-274-0330.

How to Submit a Complaint:

1. Form of Complaint

Complaints may be submitted in any form: by e-mail (abuse@forbin.net), fax, or mail.

2. What Information Should be Submitted

If you register a complaint with Forbin's Customer Service department, you should submit the following information:

The online i.d. of the Forbin's subscriber involved, and if possible, any other information about the subscriber, such as his or her name and address; A detailed description of the activities involved; If possible, the specific category or categories of Prohibited Activity you believe is involved in the activities; The dates the activities took place, e.g., the date information was posted.