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| Terms, Conditions and Acceptable Use Policy Filnor, Inc. dba Filnor (herein referred to as "Filnor") provides industrial electrical product development and power equipment engineering designs, produced at our facility and shipped around the world. Filnor has certain legal and ethical responsibilities regarding the use of its computer network and equipment involved with these services detailed below. Filnor's general policy is to act as a provider of online quotations via the internet for your request for quotation. Filnor reserves the right to suspend or cancel a Private Customer Account to any or all services provided by Filnor should Filnor deem that the account has been inappropriately used, even for events that are not specifically outlined in this document. By acquiring and account and / or purchasing service from Filnor, you are bound to the Terms and Conditions stated within this online document (terms.php). Specific Acceptable Use Policies Unauthorized Use of Other Private Customer Accounts or Computers Filnor will strongly react to any use or attempted use of a Filnor Private Customer Account without the owner's written of verbal authorization. Such attempts include, but are not limited to, social engineering (tricking other people into releasing their passwords), password cracking, security hole scanning, or using another individual's computer withot their knowledge to gain entrance into their Private Customer Account etc. Any unauthorized use of Private Customer Account, whether or not there was knowledgt ot the security attack, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack. Commercial Advertisements Within Email and Spamware Sending Unsolicited Commercial email advertisements from our servers is stricktly forbidden, and will likely result in Private Customer Account suspension or termination. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. Email is a person-to-person medium, not a broadcast medium. Sites that provide software or services to acquire email addresses by any means other than confirmed opt-in methods, e.g., harvesting addresses from web pages, newsgroup articles, and online directories, or mining addresses using "dictionary attacks" or automated processes for the purpose of deriving email addresses without the knowledge and consent of the owners of those email addresses will be terminated without issuing a refund. Filnor will pursure any legal damages as a result of spamming, or any negative consequenses as a result of spamming from Filnor servers. Use of Disk Space The disk space allocated to your Private Customer Account is set by our Administrators. You may not resell or give away your Private Customer Account to any third party for any reason. File Backups and Restore Although Filnor does back up data on our web servers weekly and monthly, it is the users responsibility to back up your account information, including but not limited to quotes, eNews preferences, email, personal information. Filnor's automatic back up system is designed to restore entire file systems in the event of complete disk loss. It is not, however, designed to restore individual user's files. At no time will Filnor be liable for lost data, and if asked to restore an individual customer outside of a complete file system failure, we may charge up to $150/hr for the service. At no time shall Filnor be liable in the event a customer quote request is truncated, and the users input data, even in the event of a reboot or shortage of diskspace, is lost, which may result in an innacurate quote request. Acceptable Resource Usage Filnor makes every reasonable attempt to provide an environment suitable for use by its customers for the purpose of acquiring quotes, information, and support. Bandwidth and CPU resources are on an open and "first come first serve" basis whereby bandwidth and CPU resources are allocated in order of who requests them first. In this environment, it is possible for a user to consume more than their share of CPU resources and/or bandwidth and therefore impede the performance of the network and servers as a whole, adversely limiting the resources available to other users. Filnor closely monitors the performance of its systems and network. If at any time Filnor deems that a user is imposing an unreasonable load on a server or the network (such as an inordinate number of requests, incoming spam, or crashing the mail server), Filnor may, at its sole discretion, take any action it deems necessary to correct the problem and free up resources for other users, including but not limited to killing processes or shutting down service for an offending user without notice. Processes should not exceed 10% CPU utilization sustained, and peak at no more than 6% for less than 10 seconds. The number of processes run per day should not exceed 2880, which is one process every 30 seconds. Cronjobs should be limited to running no more than once per hour. Some specific examples of processes that are not allowed are FFA links scripts and sites, webproxies, BNC, IRC and chat scripts, bots, anonymous emailers, daemons of any kind, spiders or web crawling robots, portal sites (Yahoo like sites), network monitoring/probing scripts and denial of service (DoS) attack scripts. In addition, Filnor reserves the right to clean out the mail server queue on a bi-weekly basis. This is due to the finite amount of disc space and memory a web server holds, and to control the overwhelming volume of spam an email server receives. If customers do not use the spam filtering software provided with their domain to control incoming spam, that excess volume of spam rotating within the mail queue will be deleted. This may result in wanted and unwanted emailes being deleted. Lawful Purpose Filnor reserves the right to refuse service to anyone. Customers may only use Filnor's server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, material protected by trade secrets, pornography and satanic materials. Filnor expressly forbids anyone from using Filnor's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way the above, or any other material which we deem to be objectionable. The designation of any materials as such described above is left entirely to the discretion of Filnor's management. Filnor's products and services are intended for the end user only. Customers cannot sublease, subhost, or give away control of any portion of Filnor's resources. Doing so could result in immediate account cancellation. Filnor offers a reseller's program. Your password is considered private and is not to be given out to any third party outside your organization whatsoever. If in the event your password is compromised, it may result in a security breach on your behalf due to irresponsible computing or web browsing habits. Filnor is not to be held liable for such action. Payment Policies All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment from initial quote. Filnor reserves the right to change prices at any time. Payment is due each anniversary period following the date the account was established. Filnor accepts ONLY credit cards for certain criteria. Invoiced payments for corporate accounts typically. Customers who provide a credit card at the time of their order specifically grant us authorization to automatically charge that card for any and all incidental fees pertaining to that account. Any user requested manual credit card transaction will be assessed a per-transaction processing fee of $25.50. If for any reason the card does not clear with the bank on three attempts, the account is subject to suspension. Any account not brought current within a week of email notice or exceeding this time frame in any way is subject to suspension. If you provide two (2) or more credit card numbers to Filnor, either one is considered viable for processing payments if one or the other credit card is rejected for any reason. The customer is responsible for all money owed on the account from the time service was established, to the time that the customer properly executes a cancellation request. Payments not received by the first day of the third anniversary month (60 days delinquent) are subject to suspension. Payments not received by the first day of the fourth anniversary month (90 days delinquent) are subject to account termination. All payments are due up to the time of account termination. Any account not providing full payment for services redered are subject to third party collections agencies. All payment is in U.S. currency USD. Ohio residents add 6.75% sales tax. Cancellations and Refunds Customers can cancel an order at any time before its production. The customers quote comes with our 30 day guarantee which is only valid for the initial quotation period. If you wish to cancel your order, you may do so by contacting Filnor at 330-821-7667. Filnor reserves the right to cancel service at any time without notice for any reason that Filnor deems appropriate. All monthly service fees paid in advance of cancellation will be pro-rated and refunded by Filnor if Filnor institutes its right of cancellation. If cancellation is caused by the customer's violation of these policies, then no refund is due. If customer initiates cancellation and this cancellation is placed after the first 30 days of the initial billing period, then no refund is due. Each billing period is considered a contract that you are responsible for fulfilling. Indemnification Customer agrees that it shall defend, indemnify, save and hold Filnor harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Filnor, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Filnor against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Filnor's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Filnor's server. Disclaimer Filnor will not be responsible for any damages your business may suffer for any reason, including negligence on our part. This includes loss of data resulting from delays, non-deliveries, wrong delivery, lost email, and any and all service interruptions caused by Filnor and its employees. Filnor makes no warranties of any kind, expressed or implied about the services we provide. Filnor specifically disclaims all warranties of merchantability and fitness for a particular purpose. Filnor reserves the right to revise its policies at any time. |
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