Philotronix LLC
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Introduction

This Acceptable Use Policy ("AUP") sets forth the principles that govern the use by customers of the systems, and services provided by Philotronix LLC., henceforth referred to as the Company. The AUP has been created to promote the integrity, security, reliability, and privacy of the Company's systems and networks, and of its Customer's data.

Terms and Conditions

Customers shall not post, transmit, re-transmit or store material on or through any of the Company's system services or products that is in violation of any local, state, federal or non-United States law or regulation.

Prohibited Uses of Company's Systems, Services and Products

This AUP identifies the actions that the Company considers to be abusive, and thus, strictly prohibited. In addition to the other requirements of this AUP, Customers may only use the Company's systems, services and products in a manner that, in the Company's sole judgement, is consistent with the purposes of such systems, services and products. If a customer is unsure whether a contemplated use or action is permitted under the AUP, the customer should e-mail Company with a description of the proposed use for a determination as to whether the use is permissible under this AUP. The examples identified in the subsections below are non-exclusive and are provided, in part, for guidance purposes.

The following uses of Company's systems, services and products as described in subsections A through E are expressly prohibited:

  1. Prohibited Actions: General Conduct
    1. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulations or law, or by the common law.
    2. Violations of the rights of any person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations.
    3. Deceptive on-line marketing practices.
    4. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers (such conduct is ground for immediate termination and may subject the offender to civil or criminal liability).
    5. Transmission of unsolicited commercial email, or excessively multi-posted usenet articles, or otherwise broadcasting through a non-broadcast media, either through the systems of Company or through other systems.
  2. Prohibited Actions: E-Mail
    1. Harassment through frequency or size of messages is prohibited.
    2. Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material ("e-mail spam"). Customers are explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving e-mail, the Customer must not send that person any further e-mail.
    3. Creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings.
    4. Malicious e-mail, including, but not limited to, "mailbombing" (flooding a user or site with very large or numerous pieces of e-mail).
    5. Unauthorized use, or forging, or mail header information.
    6. Using a Company or a customer account to collect replies to messages sent from another provider.
  3. Prohibited Actions: Usenet Newsgroups
    1. Positing the same or similar messages to large numbers of Usenet newsgroups ("Newsgroup spam or usenet spam").
    2. Posting chain letters of any type.
    3. Posting encoded binary files to newsgroups not specifically named for that purpose.
    4. Cancellation or superseding of posts other than your own, with the exception of official newsgroup moderators performing their duties.
    5. Forging of header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
    6. Solicitations of mail for any other e-mail address other than that of the poster's account or service, with intent to harass or to collect replies.

Complaints and Enforcement

  1. Complaints

    Complaints regarding abusive conduct may be reported to the contact information at the bottom of this page.

    Complaints will be accepted via e-mail, so long as a valid return address is included. The Company must be able to independently verify each instance of abuse, and so each complaint must include the COMPLETE TEXT OF THE OBJECTIONAL MESSAGE, INCLUDING ALL HEADERS. Please do NOT send excerpted parts of a message; sending a copy of the entire message, including headers, helps to prevent misunderstandings based on incomplete information, or information used out of context. Full headers demonstrate which path the message has taken, and enable us to determine whether any part of the message has been forged. This information is vital to our investigation.

  2. Enforcement

    The Company may, in its sole discretion, suspend or terminate a customer's service for violation of any of AUP at any time and without warning. As a general matter, the Company attempts to work with customers to cure violations and to ensure that there is no re-occurrence of the violation prior to terminating service.

Liability

In no event will Company be liable to any customer or third party for any direct, indirect, special or other consequential damages for actions taken pursuant to this AUP, including, but not limited to, any lost profits, business interruption, loss of programs or other data, or otherwise, even if the Company was advised of the possibility of such damages.

Billing

All payments and fees are due within 15 days of the invoice date. Any account not paid within 90 days of the invoice date may be suspended or terminated. The Company may terminate your service if your card expires or your bank account is closed or suspended (as applicable) and you have not provided the Company with a valid replacement.

In the event your account is closed with a negative balance, the Company may charge a administrative charge of $50. Customer shall pay all costs of collection, including without limitation, collection agency and reasonable attorneys' fees, incurred by Company.

A $50 fee will be charged for all returned checks.

If you close your account with the Company, you will notify the Company by email, phone or postal mail.

The Company may, in its sole discretion, reduce or eliminate any charges or fees.

Miscellaneous

  1. Modification of AUP

    Company retains the right to modify the AUP at any time and any such modification shall be automatically effective to all customers when adopted by the Company.

  2. The Company Is Not Responsible For Content

    The Company is not responsible for the content of any website, email, or usenet posting, whether or not the web page, email message, or usenet posting was made by a customer of the Company.

  3. Removal of Materials

    At its sole discretion, the Company reserves the right to remove materials from its servers and to terminate internet access to customers that the Company determines have violated this AUP.

Web: http://www.philotronix.com
Sales Email: sales at philotronix
Support Email: support at philotronix
Address: 2020 Florinda St.
Sarasota, FL, 34231
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