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Terms of Use Revision date: May 4, 2010
All services provided by Flexor ("Flexor") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Flexor from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Flexor' servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links: pirated software hacker programs or archives Warez sites
Server Abuse Any attempt to undermine or cause harm to a server or customer of Flexor is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of Flexor must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Cancellation Refunds We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.
Refusal of Service We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability Flexor shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Flexor ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Flexor shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Flexor ' servers. All damages shall be limited to the immediate termination of service.
Violations Violations of these Acceptable Use Policies should be referred to info@flexor.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Disclaimer Flexor cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Flexor are resold. Thus, certain equipment, routing, software and programming used by Flexor are not directly owned or written by Flexor. Moreover, Flexor holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Flexor sees fit.
Account Activation By activating your account with Flexor, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
(NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.)
Server Uptime Guarantee Although Flexor has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.
Flexor reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
Privacy Revision date: May 4, 2010 Flexor has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.
Information Automatically Logged We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason. Order Forms Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us. Contact information from the order forms is used to get in touch with the customer when necessary. Billing information that is collected is used to bill the user for services. Unique identifiers are collected from Web site visitors to verify the user's identity. Demographic and profile data is also collected at our site. We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.
Security This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.
Third Parties Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.
Contacting the Web Site If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: info@flexor.com
Acceptable Use Policy Revision date: May 4, 2010 One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Flexor cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Flexor cannot monitor or censor the Internet, and will not attempt to do so, Flexor cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Flexor does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Flexor's network and may reach a large number of people, including both subscribers and non-subscribers of Flexor, subscribers' postings to the Internet may affect other subscribers and may affect Flexor' goodwill, business, reputation or operations. For these reasons, subscribers violate Flexor policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Spamming: Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Flexor, but also because it can overload Flexor' network and disrupt service to Flexor' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Flexor will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Flexor reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Flexor choose to pursue and prosecute.
Audio/Video Streaming: Audio/Video Streaming is not hosting friendly. As such, Flexor does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
Defamatory or Abusive Language: Using Flexor' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Flexor will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Flexor' policy or applicable law. However, when Flexor becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Flexor.
Flexor will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Flexor may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Flexor may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Flexor assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Flexor may disclose subscriber information or information transmitted over its network where necessary to protect Flexor and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Flexor will never sell information to other services or outside companies.
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