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Finon.com
Terms and Conditions Agreement (TAC)

Thank you for reading the Finon TAC and for referring to it for any updates. We believe that your familiarity with these Rules will greatly enhance your experience on the Finon service and will make Finon an informative, entertaining, and fun place for all our Subscribers. We have tried to explain clearly our terms, but if any aspect remains unclear, please do not hesitate to contact us. Our aim is for Finon TAC to foster an online community where there is both free exchange of ideas and information, and respect for individual and community rights. We hope you will enjoy your time with Finon as much as we do!

  1. Terms and Conditions

  2. Account Info

  3. Charges

  4. Rights and Responsibilities

  5. International C&S/Internet

  6. Software/Screen Name Licenses

  7. NO WARRANTY

  8. Indemnification

  9. Termination

  10. Support

  11. Installing third party software

  12. Allowed disk space

  13. Data transfer rates

  14. Online Conduct

    Harassment

    Graphic Files

    Impersonation

    Room Disruption

    Chain Letters and Pyramid Schemes

    Advertising, Solicitation and Name Harvesting

    Content

  15. Backups

  16. Internet Access and Conduct

  17. Reservations

  18. Customer Service Communication

  19. Privacy Policy

  20. Collection and Storage

  21. Use

  22. Disclosure

  23. Design Services

  24. Law


1. Terms and Conditions

Finon ("Finon" or "we") provides services to you ("Subscriber" or "you"), which are subject to the terms of this Agreement the ("TAC") and will be accessible to you at http://www.Finon.com/tac.

The TAC comprises the entire agreement between Finon and you, and supersedes any prior agreements between you and Finon with respect to the subject matter of the TAC. Finon may revise the TAC at any time, and such revision shall be effective ten (10) days after notice of the proposed revision is sent to you via electronic mail to the address we have on file. You agree to review the TAC periodically to be aware of such revisions. If any such revision is unacceptable to you, you may terminate your contract for service with Finon as provided in Section 9 below. Your continued use of Finon following the Effective Date of any such revision to the TAC shall be conclusively deemed as your acceptance of all such revisions.

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2. Account Info. YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD. You are entirely liable for all activities conducted on or through your Web Site. You agree to provide Finon with accurate, complete, and updated registration information, and to notify us promptly of any changes in such information. Changes in your account information, including current e-mail address, can be made on-line at http://Finon.com/enhelpdesk.htm. It is your responsibility to keep your information current with us. All important notices are sent via e-mail and not receiving these documents due to an invalid e-mail address will not be deemed a valid excuse for any reason. Failure to provide Finon with accurate, complete, or updated information shall constitute a breach of this Agreement and unauthorized access to any of the Finon servers, and may result in immediate termination of your account and subject you to civil and/or criminal liability. You may not select or use a domain name of another person (unless it is also your name), a name in violation of the intellectual property rights of a third party, or a domain name that Finon deems offensive or otherwise inappropriate. Additionally, you may not use your domain name in violation of TAC or in ways deemed inappropriate by Finon (e.g. employing misleading advertising or unfair or deceptive acts or practices). You are responsible for maintaining the confidentiality of your password and are liable for any harm resulting from disclosing or allowing disclosure of any password or from use by any person of your password to gain access to the Subscriber's Master Account(s) or any Sub-Accounts. Therefore, for security purposes, we recommend that you change your password often. (You can do this by entering the "Change Your Information" section in the Customers Only area.) At no time should a Subscriber ever respond to an online request for a password. Employees or representatives of Finon will never ask for a Subscriber's password online. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR MASTER ACCOUNT AND/OR SUB-ACCOUNTS, INCLUDING ANY UNAUTHORIZED CHARGES TO THOSE ACCOUNTS.

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3. Charges. Current rates and charges for Finon services may be obtained from the Finon Web Site or by calling Finon at 949-492-8144. Such rates are expressed net of, and Subscriber shall pay in addition to them, all sales, use, value-added, personal property or other governmental tax or levy imposed on the goods or services billed to his/her Master Account(s), other than taxes based on net income or profits of Finon. If the payment method for your Subscription is by credit card and payment is not received by Finon from the card issuer or its agents, you agree to pay all amounts due upon demand by Finon. Your card issuer’s agreement governs your use of your designated card in connection with Finon, and you must refer to such agreement and not this Agreement with respect to your rights and liabilities as a cardholder. You agree that Finon may, at its option, accumulate charges incurred during your billing cycle and submit them as one or more aggregate charges during or at the end of each cycle for EFT from your checking account or credit card as applicable, meaning that accumulated charges may appear on the statement you receive from your bank or card issuer. Further, you agree that Finon may delay obtaining authorization from your card issuer until submission of the accumulated charges. Finon reserves the right to change its fees and billing methods at any time effective thirty (30) days after an online posting on the Finon Web Site and an electronic mail notice to you. If any such change is unacceptable to you, you may terminate your Subscription as provided in Section 9 below. Your continued use of Finon services following the effective date shall be deemed acceptance of such change. Your monthly or annual Subscription fee is payable in advance and is NOT REFUNDABLE in whole or part. You are responsible for all charges associated with connecting to Finon server. You agree that any telephone charges or local dial up charges incurred are your responsibility. If Finon does not receive the full amount of your Finon account balance within thirty (30) days of the invoice date, an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge will be added to your bill and shall immediately become due and payable. Subscriber shall also be liable for all attorney and collection fees arising from Finon efforts to collect any unpaid balance of your Master Account(s). Unless you notify Finon of any discrepancies within 90 days after they first appear on your account statement, they will be deemed acceptable by you for all purposes, including resolution of inquiries made by your card issuer. You release Finon from all liabilities and claim of loss resulting from any discrepancy that is not reported to Finon within 90 days of its publication.

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4. Rights and Responsibilities. (a) Content. Finon does pre-screen Content of subscribers’ Web Sites as a matter of policy, and Finon shall have the right, but not the obligation, to remove Content which is deemed in its discretion harmful, offensive, or otherwise in violation of the TAC. (b) Rights. You acknowledge that (i) Finon permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Rights"), and (ii) that these Rights are valid and protected in all media existing now or later developed and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by applicable copyright and other intellectual property laws. You agree that you may upload to the Finon servers only Content that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution, display or storage on Finon. You represent that you have the right to upload any files that you upload. (c) Conduct and Communication. Finon may elect at its sole discretion to monitor some, all or none of the activities of Subscribers for adherence to the TAC. You agree to use Finon only for lawful purposes. Any conduct by a Subscriber that in Finon sole discretion restricts or inhibits any other Subscriber, person or entity from using or enjoying Finon or another service will not be permitted and shall entitle Finon to immediately terminate Subscription without notice. Finon reserves the right to protect its Subscribers and the Finon service from offensive email communication including but not limited to the right to block mass email solicitations (i.e. junkmail.)

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5. International C&S/Internet. (a) International Areas. You acknowledge that your use of Finon allows access to Content originating from subscribers, Finons and other third parties located in countries other than the United States ("International C&S"). Your access to and use of the International C&S will be governed (in addition to this Agreement) by separate terms and operating policies which conform to appropriate national laws and customs. (b) Finon retains the right but not the obligation, in its sole discretion and without prior notice or liability, to limit the distribution within the Finon Service of emailers' unauthorized mass email solicitations.

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6. Software/Screen Name Licenses. Finon grants you a non-exclusive, limited license to use the software through which you access Finon ("Finon Software") only for use in connecting to your Finon server from authorized locations in accordance with this Agreement.

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7. NO WARRANTY. Subscriber EXPRESSLY AGREES THAT USE OF Finon, SOFTWARE, EMAIL SERVICES IS AT Subscriber's SOLE RISK. EMAIL SERVICES AND SOFTWARE ARE 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. Finon’s LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE AMOUNT PAID BY YOU TO ACCESS AND USE Finon. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES Finon LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

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8. Indemnification. Subscriber agrees to defend, indemnify and hold harmless Finon, its affiliated companies, licensees, telecommunication providers, and Finon from all liabilities, claims and expenses, including attorney's fees, arising from breach of the TAC by use of, or in connection with, the transmission by or through Subscriber's Master Account or Sub-Accounts of any Content on Finon. Finon reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber here under, and in such event, Subscriber shall have no further obligation to provide indemnification for such matter.

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9. Termination. Either Subscriber or Finon may terminate Subscription at any time. Subscribers MUST cancel by calling the main office at 949-492-8144. A Subscriber cannot simply send the request via e-mail. Subscriber's only right and sole remedy with respect to any dissatisfaction with any (i) TAC term, or policy or practice of Finon in operating Finon, (ii) Content available through Finon or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate Subscription by delivering notice to Finon. Subscriber's notice of termination will be effective upon receipt by Finon In the event that a Subscriber's account is terminated or canceled, no refund of any fees, including monthly and or annual Subscription fee, will be granted and any time credited to Subscriber's account(s) is not convertible to cash or other form of credit.

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10. Support. Finon strives to have one of the most comprehensive online support departments on the net. We have many areas devoted to Subscriber education on using the Finon Server and information on the Net in general. Our online support material is available 24 hours a day everyday. Finon support consists of questions/problems pertaining to the Finon virtual servers, Web Site Manager software, and policies and other Finon related questions/problems. In addition, we fully support all scripts uploaded and installed by Finon. Once modifications are made to these scripts by Subscribers (this does not include variable changes), we can no longer guarantee accurate support. Although we cannot guarantee it, we try to help customers with general questions regarding HTML, CGI programming and other general areas of the Internet. We do not provide technical support for any third party software (i.e. scripts downloaded from the Internet) including Perl scripts, Java scripts, or Microsoft FrontPage. For help in this area, contact the creator or distributor of the software.

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11. Installing third party software. Our servers are very flexible and powerful machines. We allow Subscribers to install third party software (database programs, CGI scripts, etc.) providing the following conditions are met: 1) Any software installed must not require root access to install, start, or run. 2) Any software must not disrupt other subscribers use and enjoyment of the server. This might happen if a) scripts use too much memory b) scripts use too many CPU processes c) scripts interfere with users mail. Subscribers are welcome to install scripts with the approval of Finon. If a script is found to disrupt the server in any of the ways mentioned above, Finon reserves the right to temporarily disable the script or the virtual server until the problem can be resolved.

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12. Allowed disk space. Each option we offer has a specified amount of allowed disk space. We do NOT put hard limits on Subscribers servers (i.e. if a Subscriber reaches his/her limit, the server would not allow anymore files to be created). Hard limits can cause some programs to malfunction and possibly damage the Subscribers data. Instead, we monitor the server space daily and notify via e-mail any Subscriber who is over his/her allowed limit. We adjust the monthly service charge accordingly based on the additional space used. If the extra space used is not intentional (large email, runaway script, etc.), the Subscriber must notify Finon to delete the additional files and notify us of the error within 24 hours of the email notification to avoid the additional space charges.

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13. Data transfer rates. Data transfer is the amount of data that is exchanged between the server and the requesting terminal. We allow each web site up to their allotted data transfer amount specified within their hosting package. This data includes Web server traffic, FTP traffic, SMTP/POP traffic and any other traffic-generating program. The Finon stats only report on Web generated traffic. Finon reserves the right to disable a virtual server if the data transfer is in excess of their limit. A web site cannot be split among multiple virtual servers to allow for more data transfer.

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14. Online Conduct.

(a) Any conduct by you that in Finon’s discretion restricts or inhibits any other Subscriber from using or enjoying Finon will not be permitted and may result in termination of Subscription. You agree to use Finon only for lawful purposes. You may not use Finon to:

(1) harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another Subscriber or user of Finon or other person or entity, (2) post or transmit sexually explicit images or other content which is deemed by Finon to be offensive, (3) transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable Content, (4) impersonate any person, including but not limited to, an Finon official or an Finon, forum leader, guide or host, or communicate under a false name or a name that you are not entitled or authorized to use, (5) post or transmit chain letters or pyramid schemes, (6) 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, (7) violate any operating rule, policy or guideline of any other interactive service, including but not limited to the operating policies of the International Areas, or (9) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law.

Finon is a community-oriented service composed of many different communities of people. Our goal is to provide an interesting, stimulating and fun place for all Subscribers. Using vulgar, abusive or hateful language undermines this goal and is not allowed. Please use your best judgment and be respectful of other Subscribers. Remember, there may be children online. If you use vulgar, or abusive language online, even if masked by symbols or other characters, you may, in some cases be terminated immediately. A warning indicates that your language is not in compliance with the TAC. Should you receive such a warning, take the time to read the Finon Rules again, comprising the TAC.

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Harassment. When a Subscriber targets another individual or entity to cause distress, embarrassment, unwanted attention, or other discomfort, this is harassment. Finon does not condone harassment in any form and may suspend or terminate the accounts of any Subscriber who harasses others. You may have a disagreement with someone's point of view - we encourage lively discussion in our chat rooms and message boards but personal attacks, or attacks based on a person's race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation, are prohibited. If you have a disagreement with someone's point of view, address the subject, not the person.

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Graphic Files. Finon prohibits the transfer or posting on Finon of sexually explicit images or other content deemed offensive by Finon

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Impersonation. This can involve the portrayal of another person or entity, such as the impersonation of Finon staff or an Finon, authorized Guide or Host, or communication under a false name or a name that you are not authorized to use. Subscribers must avoid the portrayal of Finon personnel or others persons in all forms of online communication, including, but not limited to, screen names, Subscriber profiles, chat dialogue and message postings.

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Room Disruption. This includes purposefully interfering with the normal flow of dialogue in a chat room. Room disruption may occur by repeatedly interrupting conversation between Subscribers, or by acting in such a way as to antagonize, harass or create hostility in a chat room or bulletin board.

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Chain Letters and Pyramid Schemes. Transmission of chain letters and pyramid schemes of any kind is not allowed on Finon. This material places an unnecessary load on our electronic mail ("email") system and is considered a nuisance by many Subscribers. Certain chain letters and pyramid schemes are illegal. Letters or messages that offer a product or service based on the structure of a chain letter are also of questionable legality. At minimum, they are a waste of resources and are not permitted on Finon.

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Advertising, Solicitation and Name Harvesting.

We are proud to have a strict "anti-spamming" policy. It is a definite violation of Finon policy and is cause for immediate termination. You may not use Finon to send unsolicited advertising, promotional material, or other forms of solicitation to any other Finon Subscribers except in those specified areas that are designated for such a purpose (e.g., the classified area) unless you receive the express permission of the Subscriber. You may not use Finon to collect or "harvest" screen names of other Subscribers without the express prior permission of the Subscriber. Finon reserves the right to block or filter mass email solicitations on or through Finon. In addition, you a) may not use your Finon POP account to send such solicitations b) may not use your domain name or IP address, any sites (names, URL's or IP addresses) belonging to Finon, or the Finon name in any postings or e-mail solicitations you choose to participate in anywhere on the Internet.

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Content. You recognize that communication over Finon often occurs in real-time, or is posted on one of Finon message boards or libraries, and Finon cannot, and does not intend to, screen communication in advance. Moreover, because Finon encourages open and candid communication, it cannot determine in advance the accuracy, or conformance to the Finon Rules, of Content transmitted on Finon. Finon is not responsible for screening, policing, editing, or monitoring such Content. If notified of Content which is alleged not to conform to the Finon Rules, Finon may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Content from Finon. Finon shall have no liability or responsibility to you in respect of its performance or non-performance by Finon of such activities, as long as it has acted in good faith.

All Content is protected by copyright pursuant to U.S., international conventions, and other copyright laws as a collective work and/or compilation, and Finon owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided below), create derivative works from, distribute, perform, display or in any way exploit, any of the Content, in whole or in part; provided that if no specific restrictions are applied directly or indirectly in relation to a particular item of Content, you may make a reasonable number of copies of such item, including copyright material, provided that the copies are made and used only for your personal use and that you ensure that any notices contained in the Content such as all copyright, trademark, and other proprietary rights notices are reproduced in an unmodified form in all such copies.

You may upload to Finon software files and message boards or otherwise transmit on or through Finon only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Domain Content"), or Content in respect of which the holder of any copyright, trademark or other proprietary rights ("Rights") has given express authorization for distribution on Finon without any restriction whatsoever, and in respect of which any moral rights of any person or entity have been completely and irrevocably waived. Any copyright Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of the owner]; Used by Permission." The unauthorized submission of copyright or Content which is otherwise subject of any third party Rights constitutes a breach of the Finon Rules and may also render you liable to the holder of such Rights. Subscriber, you, not Finon or its affiliates or independent contractors (such as "Finons"), are exclusively responsible for any liability resulting from infringement of Rights arising from such submission or transmission.

By submitting Content to any "Public Area", such as public chat rooms, message boards, and file uploads) you are deemed automatically to grant and/or warrant that the holder of any Rights or Moral Rights in such Content has completely and effectively waived all such "moral rights" and expressly, validly and irrevocably granted to you the right to grant Finon the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any Rights that may exist in such Content. You also permit any Subscriber to access, view, store and reproduce the Content for personal use. Subject to the foregoing, the owner of Content placed on Finon retains any and all rights which may exist in such Content.

The export control laws of the United States and other jurisdictions regulate the export and re-export of certain technology. This includes the electronic transmission of certain information and software to particular foreign countries and foreign nationals. You agree to abide by these laws including but not limited to the United States Export Administration Act, Arms Export Control Act and their implementing regulations and not to transfer, by electronic transmission or otherwise, any Content derived from Finon which is governed by or regulated under such laws to a national or a destination prohibited or restricted under such laws without first obtaining any required governmental authorization. You further agree not to upload to Finon any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of the Agreement.

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15. Backups

Daily backups are made by Finon on backup hard drives that exist on the same machine as the data. This backup system is unique in that users have full access to recover their files through their WSM or through FTP. The daily backup process starts from 2:00 a.m. - 7:00 a.m. EST everyday. ALL anonymous FTP and mail files are not backed up by Finon. Each user is strongly encouraged to keep a current local copy of his/her site in the event of unrecoverable data. Finon is not responsible for files that cannot be recovered due to corrupt data, fires, or any other disaster.

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16. Internet Access and Conduct

The Internet is not owned, or operated by, or in any way affiliated with, Finon or any of its affiliates; it is a separate, independent network of computers and is not part of Finon. Your use of the Internet is solely at your own risk. When using the Internet and all of its components, Subscribers must conduct themselves responsibly according to the Internet's own particular code of conduct. Participating successfully on the Internet is really a matter of common sense. Although Finon does not control the Internet, your conduct on the Internet when using your Finon account is subject to the Finon Rules. Because Finon wants to be a good Internet citizen, it prohibits Subscribers from engaging in certain conduct on the Internet through or by means of Finon including the following:

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17. Reservations

Finon reserves the right to suspend or terminate at its discretion Subscribers' Finon Master Accounts and Sub-Accounts or to require the removal of links or other content on or through Subscribers' homepages or personal Internet sites if providing such content or links causes undue strain on any Finon server either through excessive hits or by excessive bandwidth. You understand that except for Content, products or services expressly available at Finon Web site, neither Finon, nor any of its affiliates or telecommunications providers, controls, provides, operates or is responsible for any Content, goods or services available on the Internet. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of Finon or controlled by Finon Finon neither endorses nor is responsible for the accuracy or reliability of such Content, goods or services. Finon does not guarantee the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on the Internet, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither Finon nor its affiliates or telecommunications providers shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on the Internet or your inability to access the Internet or any site on the Internet. The foregoing provisions of this paragraph shall apply with equal force even where Finon features or displays a link with any particular Web site.

You should be aware that the Internet contains Content, goods and services that you may find obscene, improper, hurtful or otherwise offensive and that may not be suitable for certain Subscribers or for minors who are accessing the Internet through a Sub-Account or Master Account of yours. Finon does not have the capability or right to monitor, or review, or restrict any Content, goods or services made available by third parties on the Internet, nor to edit or remove any such questionable Content after posting on the Internet. In addition, you should be aware that the Internet provides access to users who are not part of Finon and whose conduct and communication may also be found to be harmful or offensive to Subscribers or which would otherwise breach the Finon Rules if they were subject to it. Since such users are not Subscribers of Finon, Finon does not have the right or capability to restrict or review their conduct or communication. Accordingly, Finon and its affiliates specifically disclaim any responsibility for (and under no circumstances be liable for) any conduct, Content, goods and services available on or through the Internet (including without limitation any part of the Web).

You should be aware that much of the Content available on the Internet is protected by copyright, trademarks, trade secrets and other Rights of the independent third parties or their licensers who make such Content available on the Internet. Subscribers' use of such Content will be subject to the specific restrictions placed on such Content by the owners or licensers of the Rights in such Content and all applicable laws and regulations.

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 18. Customer Service Communication

In order to ensure quality customer service, Finon may monitor Subscriber communication with Finon customer service employees, including Finon Sales and Service, Tech Support and Community Action personnel.

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19. Privacy Policy

Because protecting your privacy is very important to Finon, we have adopted the following policies to safeguard your personal information and are committed to protecting its confidentiality. We will limit the collection and use of personal information or "Individual Information" (as defined below) to what is necessary to administer our business, provide you with the highest quality service, and offer you opportunities we think will be of interest. We will NOT disclose any Individual Information except in limited circumstances as specifically provided below.

Individual Information means any information, data or records which relate to your Finon Subscription or use of Finon and identifies you or your individual Subscriber account. There are three types of Individual Information: (1) "Subscriber Identity and Billing Information," such as your name, street address, telephone number and billing information, and any screen names associated with your account; (2) "Navigational and Transactional Information," such as information about where you go or what you buy through Finon; and (3) "Private Communications Content," such as the contents of email, or private chat room or instant message communications.

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20. Collection and Storage

We maintain the following types of Subscriber Identity and Billing Information: your name, street address, telephone numbers, length of Subscription, and payment information. We may also keep information on your communications with our Customer Service or Tech Support, and general account history, such as accumulated usage time, or written complaints relating to your account.

We may collect and store certain Navigational and Transactional Information, such as data on the choices you make among the range of available services or merchandise and the times and ways you use Finon.

(iii) Private Communications Content. The Finon computer system does not record or retain any chat room communications, instant message communications, or records of with whom you communicate in chat rooms or instant messages.

The Finon e-mail system retains the contents of private email communications for a limited period only. Once read, email is permanently deleted from the system. E-mail that is sent, but not read, is permanently deleted from the system after about thirty days. (Consequently, if you wish to keep copies of any communications, you should store such communications on your personal computer hard drive or in print form.)

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 21. Use.

Finon safeguards its Subscribers' Individual Information from unauthorized access and only authorized employees or agents who need to carry out legitimate business functions are permitted access to Subscribers' Individual Information. Employees who violate Finon privacy policies are subject to disciplinary actions, including termination where appropriate.

You acknowledge that private communications directed at a person or entity, including Finon, may be used or disclosed by the intended recipient(s) without restrictions relating to privacy or confidentiality.

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22. Disclosure.

Because Finon considers the Individual Information we maintain to be confidential, our policy is to not disclose Individual Information to third parties without prior consent (which may be oral or electronic), or unless specifically provided below. Finon reserves the right to use agents, who are bound by strict confidentiality guidelines, to perform storage and processing functions.

It is our policy not to disclose to third parties Subscriber Identity information that links a Subscriber's screen name(s) with a Subscriber's actual name, unless required to do so by law or legal process served on Finon (e.g., subpoena). Finon reserves the right to make exceptions to this policy in exceptional circumstances (such as a bomb or suicide threat, or instances of suspected illegal activity) on a case-by-case basis and at Finon sole discretion.

Finon intends to abide by applicable laws governing the disclosure to governmental entities of Subscribers' Individual Information and other records. When responding to legal process served on Finon by non-government entities, unless otherwise ordered, Finon current policy is to make reasonable efforts to notify affected Subscriber(s) in advance of releasing the information in order to provide Subscriber(s) an opportunity to pursue any available legal protection.

(ii) Navigational and Transactional Information. Finon will not disclose to third parties Navigational or Transactional Information (e.g. where you go or what you buy on or through Finon), except to comply with applicable law or valid legal process (e.g., search warrant or court order).

(iii) Private Communications Content. Finon does not access or disclose the contents of private communications (e.g., email, instant messages, Subscriber-created private rooms), unless it in good faith believes that such action is necessary (a) to comply with applicable law or valid legal process (e.g., search warrant or court order), (b) to protect the rights or property of Finon, or (c) in emergencies when Finon believes that physical safety is at risk. Finon reserves the right to treat as public, any private chat room whose directory or room name is published or becomes generally known or available.

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23. Finon provides Internet Design Services (IDS) for customers wishing to have an online presence incorporated into their existing business or personal operations. These services are provided "AS IS" and "WITHOUT WARRANTY" unless specified under certain contractual rights or as part of a specific purchased package. A Limited Warranty Policy is hereby rendered under the following conditions: You have purchased Finon’s Money Reporter Web Site Package and or you have requested in writing exact designs to be implemented in the creation of your web presence. The Limited Warranty does provide for full compliance and service by Finon for the listed package options. If exact design specification are provided to Finon by you then we will follow them to the best of our ability. You recognize that there might be some design functions that you provide that we are not able to service or that might not function well on the Internet. In those cases we will inform you and suggest alternative designs. You understand that if you do not provide exact design specifications, then we will design your site to the best of our ability within your package allotment and Internet feasibility. In this circumstance we will not be liable or held responsible for design warranties.

You understand that there could arise discrepancies regarding our designs. If these occur, then you agree to work with Finon resolve these issues. You also AGREE that if you did not specify a design and request additional designs or redesigns to be completed that you will incur and pay any charges related to this extra design work.

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24. Law. To the extent of any conflict between the Subscriber and Finon through verbal communications and this agreement, this agreement shall take precedence. Should any part of the TAC be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions remain in full force and effect. This agreement is governed by the laws of the State of California, Orange County U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, U.S.A. in all disputes arising out of or relating to the use of this Subscription. You expressly agree that exclusive jurisdiction for any claim or dispute resides in the venue of courts of Orange County. Subscriber further agrees and expressly consents to the exercise of personal jurisdiction in California in connection with any dispute or claim involving Finon.

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© 2001-2005 Finon Corporation. All rights reserved. PRIVACY STATEMENT