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Terms and Conditions

Your use of any service provided by SFORGE is subject to the terms of a legal agreement between you and SFORGE. By ordering any service through our web site, or in other means of communication, you acknowledge that you have read this agreement and agree to be bound by the terms and conditions contained herein as well as all acceptable use policies available in the web site.

  1. Intellectual Property Rights

    1. Your License Grant to SFORGE

      You hereby grant to SFORGE a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to SFORGE a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.

    2. SFORGE Materials and Intellectual Property

      All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by SFORGE or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by SFORGE to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of SFORGE or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by SFORGE during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.

    3. Trademarks

      You hereby grant to SFORGE a limited right to use your trademarks, if any, for the limited purpose of permitting SFORGE to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sub-license use of your trademarks or to use your trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.

  2. Warranty Disclaimer

    1. Customer and Third Party Acts

      SFORGE is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, SFORGE is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond SFORGE ‘s reasonable control.

    2. No Express or Implied Warranty

      All services, systems and products provided by SFORGE under this agreement are provided without any express or implied warranty in fact or in law, whatsoever. You acknowledge and agree that SFORGE exercises no control over, and accepts no responsibility for, the content of the information passing through SFORGE ‘s computers, network hubs and points of presence, or the internet. SFORGE does not warrant that the operation of the services will be uninterrupted or error-free, or completely secure, and does not make any warranties with respect to patent, copyright, trade secret or trademark infringement. All services performed under this agreement are performed “as is” and without warranty against failure of performance including, without limitation, any failure due to computer hardware or communication systems. Except as expressly provided in this agreement, SFORGE does not make and hereby disclaims, and you hereby waive all reliance on, any representations or warranties, arising by law or otherwise, regarding the services, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or conditions of quality, and any warranties with respect to patent, copyright, tradesecret or trademark infringement.

    3. Your Warranties and Representations to SFORGE

      You warrant, represent, and covenant to SFORGE that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this agreement; (c) you will use the Services only for lawful purposes and in accordance with this agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content and/or any software that you install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

  3. Miscellaneous

    1. Indemnification

      You will defend, indemnify and hold harmless SFORGE and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an “Indemnitee”) from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys’ fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your use of the Services, including any improper or illegal uses; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this agreement and performance of the Services by SFORGE; or (v) any claim relating to your services or products, or your installation and/or use of any third-party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or nonproprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).

    2. Confidentiality

      The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this agreement. “Confidential Information” means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include (1) information in the public domain; (2) information developed independently by a party without reference to information disclosed under this agreement; or (3) information received from a third party without restriction and/or breach of this or a similar agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this agreement for two (2) years.

    3. Notices

      All notices, reports, requests, or other communications given pursuant to this agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, fax, or electronic mail, shall be deemed to have been duly given when delivered.

    4. Choice of Law

      This agreement will be governed by the laws of the Peoples Republic of Bangladesh, without reference to rules governing choice of laws.

    5. Entire agreement

      This agreement and all policies and guidelines incorporated in this agreement by reference constitutes the entire agreement of the parties and may not be modified or altered orally but only by an agreement in writing signed by both parties.

    6. No Fiduciary Relationship

      SFORGE is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this agreement. This agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.

    7. Assignments

      You may not transfer or assign your rights, duties, or obligations under this agreement without SFORGE ‘s prior written consent. SFORGE may assign its rights and obligations under this agreement and may utilize affiliate and/or agents in performing its duties and exercising its rights under this agreement, without your consent. Subject to that restriction, this agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees.

    8. No Waiver

      “SFORGE”s failure to enforce the strict performance of any provision of this agreement will not constitute a waiver of SFORGE ‘s right to subsequently enforce such provision or any other provisions under this agreement.

    9. Severability

      If any provision of this agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the agreement shall remain in full force and effect. If any provision of this agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

    10. Survival

      All provisions of this agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this agreement.

  4. Definitions

    Various terms in these Terms of Use have a defined meaning as follows

    1. “SFORGE” shall mean SFORGE, a proprietary business operated from at 40, Abdus Samad Ajad Road, Dhanmondi, Dhaka-1209, Bangladesh.
    2. “Website” shall mean the website available at http://sforge.com.
    3. “We”, “us”, “our” shall mean “SFORGE”.
    4. “You”, “your” shall mean you, the natural person or legal entity dealing with “SFORGE”.