Terms of Service & Disclaimer

This document, hereinafter, “TOS” or “Agreement,” is a legal agreement between the Subscriber, and Financial Services, Inc., hereinafter, “FSI.” By accepting services from FSI, you agree to be bound by the terms and conditions of this Agreement. FSI’s obligation to provide services to the Subscriber is conditioned on the Subscriber's continued adherence to the following terms and conditions:

1. All services provided by FSI may be used for lawful purposes only. The transmission or storage of any information, data or material in violation of any applicable law, including but not limited to United States Federal, state and local law. Violations of this paragraph include, but are not limited to: the transmission or storage of trade secrets, copyrighted material, material judged to be threatening or obscene, or material protected by any other statute. The subscriber agrees to indemnify and hold harmless FSI from any claims resulting from the use of services in violation of this section.
2. Any access to other networks connected to FSI must comply with the rules and regulations governing such networks.
3. Payment for any charges is due 20 days after the date of invoice. All payments must be made in US dollars. Accounts which have charges outstanding for over 30 days from the date of invoice shall be deemed to be in default, and subject to termination of service. In the event that Subscriber's check is not honored by the bank against which it is drawn, the subscriber will be liable for an additional charge of US$25.00. Any charge that is not paid within 30 days from the date of invoice shall be subject to an interest rate of 1.5% per month, or the maximum allowed by law.
4. In the event a Subscriber's account is in default, FSI shall have the right to discontinue service. FSI shall further have the right to delete all files, information and mail under the account. Once FSI discontinues service under this paragraph, if the Subscriber wishes to utilize the service again, the subscribe must re-apply as a new subscriber, and pay any and all fees required for new subscribers, including, but not limited to, activation and start-up fees. All compensation due FSI for work completed on behalf of the subscriber, once any down payments have been paid to FSI by the subscriber, will remain due and payable in full.
5. The Subscriber shall keep in a secure location copies of data, information and material stored with FSI, and shall use such external procedures as are necessary for the reconstruction of such data in the event of loss or alteration. The Subscriber shall further immediately report to FSI any loss or errors in the information, data and material and provide FSI with an accurate copy. FSI shall bear no liability for the loss or alteration of such data resulting from the failure to properly maintain such backup copies and procedures.
6. The Subscriber certifies that he or she is at least 18 years of age, and is legally able to enter into contracts under the law of the Subscriber's country of residence.
7. Charges for services under this agreement shall be in accordance with FSI's price schedule in effect at the time such services are rendered. FSI shall have the right to change its price schedule on 15 days notice.
8. FSI warrants and represents to CLIENT alone, and not to any other party, that the Products shall conform to their respective functional and technical specifications as issued and amended by FSI from time to time.
9. Violating any part of the policies as set forth in our Acceptable Use Policy may result in immediate cancellation of services.
10. FSI reserves the right to suspend service to the subscriber at any time, and for any reason.
    
    EXCEPT AS SPECIFICALLY SET FORTH IN THIS DOCUMENT, THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCTS, AND FSI SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT ANY PRODUCT FAILS TO CONFORM TO THE WARRANTIES IN THIS SECTION, THE SOLE RIGHT OF THE CLIENT, AND THE SOLE RESPONSIBILITY OF FSI, SHALL BE FOR FSI TO USE COMMERCIALLY REASONABLE EFFORTS TO CAUSE THE PRODUCT TO CONFORM TO THE APPLICABLE FUNCTIONAL AND TECHNICAL SPECIFICATIONS. THE SOLE LIABILITY OF FSI TO SUBSCRIBER AND ANY OTHER PARTY FOR ANY CLAIMS ARISING FROM A FAILURE TO PROVIDE THE PRODUCTS IN ACCORDANCE WITH THIS AGREEMENT, SHALL BE TO USE COMMERCIALLY REASONABLE EFFORTS TO MAKE THE APPLICABLE PRODUCTS AVAILABLE AS SOON AS PRACTICAL AFTER FSI HAS RECEIVED NOTIFICATION THEREOF. FSI EXERCISES NO CONTROL OVER THE CONTENT OF THE INFORMATION, DATA AND MATERIAL STORED OR TRANSMITTED THROUGH ITS SYSTEMS, AND SHALL NOT BE HELD LIABLE BY ANY PARTY FOR SUCH CONTENT. THE SOLE CUMULATIVE LIABILITY OF FSI FOR ALL CLAIMS MADE BY SUBSCRIBER OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT, OR STRICT LIABILITY THEORIES, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO FSI FOR THE APPROPRIATE PRODUCT DURING THE MOST RECENT ONE MONTH PERIOD. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHICH OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THIS PARAGRAPH SPECIFIES SUBSCRIBER'S AND ANY OTHER PARTY'S SOLE MONETARY REMEDY.

ACCEPTABLE USE POLICY

1. Introduction
   
   

   This Acceptable Use Policy (“AUP”) has been created by Financial Services, Inc. and all of the entities controlling, controlled by, or under common control with Financial Services, Inc. (“FSI”) to promote the integrity, security, reliability and protection of FSI's network, facilities, offerings, and customers. FSI may modify, without prior notice, this AUP as FSI deems appropriate and such modified AUP will be effective upon posting on FSI’s website. Throughout the term of its Agreement with FSI, Customer must ensure that the use of any service, product, or resource offered, owned, or controlled by FSI to Customer (“Service”) conforms to FSI’s then-current AUP. Customer will be held responsible for its use, its systems, the users of its systems and offerings, and, in the case of resellers, any third-party use.

2. Prohibited Uses
   
   

   The Internet is a global interconnection of multiple networks that physically exist in multiple counties with diverse laws, regulations, and orders ("Laws"). For the purposes of this AUP, terms like "unlawful" or "illegal" apply to Laws globally and within the framework of applicable governing bodies. It is Customer's responsibility to be aware of the Laws that apply to the use of the Service and to ensure compliance with such Laws. FSI will cooperate with all court orders, subpoenas, and other similar government requests ordering FSI to disclose information about use of the Service.

   The Service shall not be used to post, transmit, re-transmit or store material which, in the judgment of FSI:

   • Violates local, state, federal, foreign, or international Law;
   • Could be considered threatening, obscene, indecent, defamatory, threatening or that otherwise could adversely affect any individual, group or entity (“Person”).

   In addition to the other requirements of this AUP, the Service may be used only in a manner that in FSI's sole discretion is consistent the purposes of such Service. Customer should contact FSI if it is unsure of whether any contemplated use or action is permitted.

   By way of example, and not limitation, uses described below are expressly prohibited:

   General:

   • Deceptive or fraudulent practices.
   • Any activity infringing on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents.
   • Actions that restrict or inhibit any Person, whether a customer, FSI, or otherwise, in its use or enjoyment of any FSI Service.

   System and Network:

   • The deliberate transmission of computer viruses, worms, trojan software, or other malicious programs.
   • Interfering with, disrupting, or denying service including, but not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g., denial of service attacks).
   • Attempting to gain unauthorized entry to any site or network including but not limited to executing any form of network probing, monitoring or other information-gathering activities on someone else's site, server or network. This includes but is not limited to all FSI servers and equipment.
   • Attempting to circumvent host or user authentication or other security measures of any host, network or account.
   • Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one's system by an unrelated third party, including, but not limited to, via open email gateways and open proxy servers.
   • Some FSI accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of customers' account.
   • Customer is prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. Customer may not use resource-intensive programs which negatively impact other customers or the performances of FSI systems or networks. FSI reserves the right to terminate or limit such activities.

   Mail:

   • Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers or with whom the sender did not have an existing business relationship (“E-mail spam”). FSI reserves the right to determine in its sole discretion and based on the information available (1) what constitutes spam as well as (2) what measures are necessary in response to spamming complaints.
   • Harassment including, but not limited to, through language, frequency or size of messages.
   • Unauthorized use or forging of mail header information.
   • Solicitations of mail for any other E-mail address other than that of the poster's account or service with the intent to harass or to collect replies.
   • Creating or forwarding “chain letters” or other “schemes” of any type.
   • Use of unsolicited E-mail originating from within FSI's network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by FSI, or connected via FSI's network.

   Usenet Newsgroups:

   • Posting the same or similar messages to large numbers of Usenet newsgroup (“Newsgroup spam”).
   • Posting excessive numbers of identical or similar messages to any number of Usenet newsgroups from FSI's network or networks of other Internet Service Providers on behalf of, to advertise, any service hosted by FSI, or via FSI's network.
   • Posting chain letters of any type.
   • Posting encoded binary files to newsgroups not named for that purpose.
   • Cancellation or superseding of posts other than your own.
   • Forging of header information of the poster's account or service.
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3. Additional Obligations
   
   

   Bulk Email:

   Bulk email must provide recipients with an easy and effective mechanism for removal from bulk email lists. The source of the addressee's address must be included in each bulk email message. Senders of bulk email must take effective steps to confirm that the actual owner of each email address on a list has agreed to receive bulk mailings from the sender before sending email to that list.

   Service Resale:

   Service or any portion of Service will not be resold unless authorized by FSI in an executed wholesale contract.

   Password Protection:

   Customer is responsible for protecting passwords and for any authorized or unauthorized use of its systems and/or networks.

   Obscene Material:

   Pornography and sex-related merchandising are prohibited on any Financial Services Inc. server. Financial Services Inc. will be the sole arbiter as to what constitutes a violation of this provision.

   Content Ownership:

   Customer is responsible for all content or information residing on, obtained or transmitted via the Service.

   Vulnerable Systems:

   FSI reserves the right, without prior notice, to perform vulnerability tests on systems residing on IP address space belonging to FSI which may be allocated for Customer use. The purpose of such testing includes, but is not limited to, testing of mail servers or proxy servers for unrestricted third party relaying. FSI will use commercial reasonable efforts to ensure that such testing (1) will be non-intrusive in nature, and (2) will not adversely affect Service provided to Customer or compromise the security of Customer's network.

   Other Activities:

   Engaging in activities, whether lawful or unlawful, that Financial Services Inc. determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.

   Customer is responsible for correcting any system vulnerability upon notification. Customer must terminate operations of a known compromised system.

   Service Provided Equipment:

   Customer is responsible for any modification of, alteration to, or other tampering with any hardware provided with the Service.

4. AUP Enforcement
   
   

   Violation of this AUP may subject Customer to international, federal, and/or state civil and/or criminal liability, including without limitation, California Business & Professional Code Section 17538.45. Customer activity that facilitates a violation of this AUP by any party constitutes a violation of this AUP by Customer. FSI reserves the right immediately and without prior notice to filter, block, suspend, and/or terminate access to the Service at any time for any conduct that FSI, in its sole discretion, determines violates or which may violate this AUP or is otherwise harmful to FSI's interests or the interests of others. If access is terminated, FSI, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Customer's data.

Disclaimer:
By use of this site and its links, users agree that all information is provided “AS IS” and the inclusion of a link to a site does not, in any way, represent or imply an approval of, or a determination of the quality of that product or service, by Financial Services, Inc. The links provided herein are maintained by their respective organizations and they are solely responsible for their content. Users agree to hold Financial Services, Inc. harmless for any and all damages arising out of use of this service and its links.

Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated. This TOS supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of FSI services constitutes acceptance of the terms and conditions of this Agreement.