|
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!
Terms
and Conditions
Account Info
Charges
Rights and Responsibilities
International C&S/Internet
Software/Screen Name Licenses
NO WARRANTY
Indemnification
Termination
Support
Installing third party software
Allowed
disk space
Data
transfer rates
Online
Conduct
Harassment
Graphic Files
Impersonation
Room
Disruption
Chain Letters and Pyramid Schemes
Advertising, Solicitation
and Name Harvesting
Content
Backups
Internet
Access and Conduct
Reservations
Customer Service Communication
Privacy
Policy
Collection
and Storage
Use
Disclosure
Design Services
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.
Back To Top
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.
Back To Top
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 issuers 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.
Back To Top
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.)
Back To Top
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.
Back To Top
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.
Back To Top
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. Finons 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.
Back To Top
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.
Back To Top
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.
Back To Top
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.
Back To Top
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.
Back To Top
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.
Back To Top
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.
Back To Top
14. Online Conduct.
(a) Any conduct by you that in Finons 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.
Back To Top
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.
Back To Top
Graphic Files. Finon prohibits the
transfer or posting on Finon of sexually explicit images or other content deemed offensive
by Finon
Back To Top
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.
Back To Top
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.
Back To Top
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.
Back To Top
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.
Back To Top
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.
Back To Top
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.
Back To Top
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:
Back To Top
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.
Back To Top
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.
Back To Top
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.
Back To Top
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.)
Back To Top
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.
Back To Top
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.
Back To Top
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 Finons
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.
Back To Top
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.
Back To Top
|