All products and services provided by Forward Staffing may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or local laws is strictly prohibited. Customer agrees to indemnify and hold harmless Forward Staffing from any claims resulting from Customer's use of the service which damages Customer or any other parties, including attorney's fees.
- Services Provided.
Forward Staffing provides Customer with Web-based staffing software that includes e-mail and web-based functionality. All services provided must be used by Customer in compliance with the Forward Staffing Terms of Service.
- Customer Obligations.
Customer agrees to use Forward Staffing's services in a manner that is legal, appropriate and in conformity with industry standards and to respect the privacy of consumers. More specifically, Customer agrees to abide by Forward Staffing's requirements governing the use of the various components of the services, as described below:
Forward Staffing strictly prohibits any involvement in Unsolicited Commercial E-mail campaigns (UCE, more commonly called "Spam").
- Forward Staffing maintains a Zero-Tolerance policy against Spam, whether direct, indirect or through any affiliate or agent acting on the Customer's behalf.
- As determined by Forward Staffing's sole discretion, Customer shall have proof that all individuals in the Customer's database have opted in or otherwise agreed to receive communications from Customer.
- All lists used in conjunction with the services provided by Forward Staffing are required to be 100% solicited (opt-in) lists. This means that the individuals on the list have explicitly agreed to receive information from your business entity. The practice of bartering, purchasing or renting lists of names and sending e-mails to those people is strictly prohibited.
- Marketing lists containing email addresses within Forward Staffing cannot be shared/duplicated/transferred between individual applications.
- Furthermore, in accordance with CAN-SPAM legislation, all e-mail messages sent using Forward Staffing's services must use the Forward Staffing-provided opt-out link, must include a valid physical address of the sender and must contain a clear subject line that does not mislead the recipient as to the contents of the e-mail. Customers are advised to consult their own attorney to ensure compliance with all Federal, State and local laws.
- The opt-out link may not be excessively "padded" with line-breaks or similar means to deceive recipients.
- The complaint rate ("feedback rate") may not exceed the accepted industry standard at the time of transmission. Failure to comply will result in penalties and restrictions as defined under Violations and Penalties, below.
- As of this writing, the industry standard for complaint rates is less than .1% (1/1000) on a per Email/Internet Service Provider basis. It is Customer's sole responsibility to maintain under the then-current industry standard.
- Unsubscribe requests must be processed immediately.
- Violations and Penalties.
Customers who fail to comply with the terms of the Forward Staffing Terms of Service will be subject to the following penalties, including, but not limited to, immediate termination of service.
A $350 investigation fee may be assessed to Customer's account for each complaint of unauthorized communication that Forward Staffing receives involving a Customer's account. This non-refundable fee goes toward confirming complaints either digitally or verbally between sources of complaints.
Upon receiving a complaint, Forward Staffing will notify Customer of said complaint and investigate the validity of the complaint. If Customer does not take immediate remedial action to rectify the situation, Forward Staffing reserves the right to suspend Customer's service until Customer has resolved the situation to Forward Staffing's satisfaction, at Forward Staffing's sole discretion.
- "Customer Notification" -- Forward Staffing will make a reasonable effort to contact Customer in the form of e-mail, telephone and login notification within the Forward Staffing Application; sourced from information currently on file.
- Confirmed Violations, Unsolicited E-Mail.
A $350 non-refundable investigation fee will apply per complaint in the event Forward Staffing determines that Customer sent an unsolicited communication to a recipient who did not agree to receive communications from Customer.
- In the event of multiple complaints, Forward Staffing services may be suspended in order to maintain integrity of services provided. Services can only be reinstated by meeting the criteria as determined by Forward Staffing to minimize and address complaints.
- Confirmed Violations, Complaint Rate, Reactivation Fee.
In the event complaint rates exceed industry standards, Forward Staffing will immediately suspend e-mail services and notify Customer via e-mail and/or telephone.
- A $250 "Service Reactivation Fee" will be applied toward the Customer's account for investigation resources spent toward identifying and addressing high complaint rates.
- Excessive, Widespread and/or Repeated Violations.
In accordance with Forward Staffing's Zero-Tolerance No-Spam Policy, Forward Staffing will immediately terminate the account of any Customer found to be involved in a non-compliant marketing campaign or other widespread or repeated violation of the Forward Staffing Terms of Service.
- All data contained in Customer's account will be permanently removed.
- Customer will be held accountable for any monetary damages suffered by Forward Staffing, due to Customer's actions or inactions. Such monetary damages may include, but are not limited to, loss of Web services, regulatory penalties (e.g., FTC) and punitive damages related to lost clients and revenues due to said violation.
- The determination of what constitutes an "excessive, widespread and/or repeated violation" of this policy will be determined by Forward Staffing.
- Reservation of Rights.
Forward Staffing reserves the right to terminate Customer's account for any violation of the Forward Staffing Terms of Service.
Forward Staffing reserves the following rights:
- Questionable Practices ("Inappropriate Use")
Forward Staffing may terminate Customer's account if Customer engages in any practice that is, in Forward Staffing's sole discretion, objectionable, unlawful, obscene, pornographic, threatening, abusive, libelous or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. This includes, but is not limited to:
- content that in any way exploits minors under 18 years of age
- viruses, worms, phishing, malware, or any other potentially harmful software
- marketing to any lists of associations, memberships, voters or realtors, or any other lists whose recipients did not express explicit consent to receive such marketing material
- products, services, or content that are often associated with abusive business practices or spam, such as:
- pornography or illicitly pornographic sexual products, including but not limited to adult magazines, video and software, escort services, dating services, or adult "swinger" promotions
- illegal drugs, software, media, or other goods
- instructions on how to assemble or otherwise make bombs, or other weaponry
- online and direct pharmaceutical sales
- debt collections, credit repair and debt relief offerings
- stock picks or promotions
- "get rich quick" and other similar offers
- promoting pyramid schemes or network marketing (i.e. MLM) businesses
- odds making and betting/gambling services, including but not limited online casino games, and sporting events
Forward Staffing reserves the right to change the terms and conditions of this Policy, as needed. Use of Forward Staffing's software and/or services by Customer after said changes constitutes Customer's acceptance of the new Policy.
- Forward Staffing will inform Customer when significant changes are made to any policies under the Forward Staffing Terms of Service by means of the Customer's e-mail, currently on file.
ALL CUSTOMERS AND AFFILIATES ARE EXPECTED TO AGREE TO ALL TERMS CONTAINED HEREIN. DIGITAL ACCEPTANCE IS ACHIEVED WHEN CUSTOMERS OR AFFILIATES ACCESS OR IN ANY WAY USE FORWARD STAFFING SERVICES.
FAILURE TO AGREE AND COMPLY WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES.