Whereas, Quality Hosting, its subsidiaries and affiliates (collectively “the Company” or “Company”) is an information provider connected to the Internet and offers storage and transfer services over the Internet through access to its Web Server;
Whereas, Customer seeks to utilize the Company’s Hosting's server for its own purposes;
Whereas, both parties (Customer and the Company) acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, the Company can make no guarantee that any given reader shall be able to access the Company’s server at any given time.
The Company also represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;
[1.1] Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service.
NOTE: Exact contract duration is decided upon at signup.
[1.2] Customer agrees that all charges and fees associated with an account are their sole responsibility.
[1.3] If the customer wishes to cancel web hosting services within fourteen (14) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Acceptable Use violations) and have their money promptly refunded.
[1.4] Services provided by 3rd parties and Company partners are not part of the fourteen-day refund policy and no early ending credit applies. Billing will stop at the end of the term during which the service is canceled.
[1.5] At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the web panel. The customer can pre-authorize recurring transfers to the Company from a linked credit card account. If the customer provides an associated payment card that is determined to be expired, invalid or otherwise not able to be charged, the customer agrees that the Company may use other payment methods linked to the customer's bank account (such as new credit card credentials from your card issuer).
[1.5] After the first fourteen days, a non-payment received account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
[1.6] "14-Day Money-Back Guarantee" offer only applicable to credit card payments for hosting services. Other forms of payment are non-refundable. Refunds can only be processed for shared hosting. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable. The value of any AdWords credit or other third-party add-ons is non-refundable.
[1.7] Violations of the Company’s Terms of Service or Acceptable Use Policy may, at the Company’s discretion, result in immediate and permanent disablement without refund.
[1.8] Disputed charges ("chargebacks") associated with any account, at the Company’s discretion, may result in immediate and potentially permanent disablement of services or the full account without refund.
[1.9] Any refund issued would not include the payment processor's fee(s).
The Company shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from the Customer or Company’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
[3.1] Customer will provide the Company with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of the Company. The Company shall make no effort to validate this information for content, correctness or usability.
[3.2] Use of the Company’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace, by the Customer.
[3.2.1] The following examples are offered:
[22.214.171.124] Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
[126.96.36.199] CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
[3.3] Customer agrees that they have the necessary knowledge to create Customer's Webspace.
[3.4] Customer agrees that it is not the responsibility of the Company to provide this knowledge or Customer Support outside of the defined and contracted service.
[3.5] The Company will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
[3.6] The Company reserves the right to police its network to verify compliance with all agreed upon Terms.
[3.7] Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts or service plans.
[3.8] The Company reserves the right to disconnect any website or server deemed to present a security threat to its customers, servers, or network.
[3.9] The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by the Company is grounds for termination of all services.
[3.10] The Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.
[3.10.1] The Company also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer.
[3.10.2] Use of any information obtained by way of the Company is at the Customer's own risk, and the Company specifically denies any responsibility for the accuracy or quality of information obtained through its services.
[3.10.3] Any mention of connection speeds associated with the Company’s services represents the maximum achievable speed.
[3.10.4] The Company does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors, including the Customer’s own internet connection.
[3.10.5] The Company expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
[3.11] The Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
[3.11.1] In the event that this material is not "Server-ready", the Company may, at its option and at any time, reject this material, including but not limited to after it has been put on Company servers.
[3.11.2] The Company agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs or requirements of the Company.
[3.11.3] If the Customer fails to modify the material, as directed by the Company within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
[3.12] All domain names registered through the Company that are 'parked' or are otherwise not immediately associated with a Company hosting plan will be automatically pointed to a default web page which informs visitors that the registrant has recently registered their domain name via 71A90 LLC. The Coming Soon page may be modified at any time by the Company without prior notice to you and may include such things as, without limitation, links to additional products and services offered by the Company.
[3.13] Customer will be responsible for any needed backups or content and data redundancy needs.
Customer warrants that it has the right to use the trademarks and copyrights applicable to all content or products being made available through the customer's account.
[5.1] The customer is responsible for, and must provide, all telephone, computer, hardware and software equipment and services necessary to access the Company’s services.
[5.2] The Company makes no representations, warranties or assurances that the Customer's equipment will be compatible.
[6.1] The Company guarantees 99% uptime.
[6.2] The Company calculates downtime from the time network engineers are successfully contacted until services are restored and excludes but is not limited to:
[6.2.1] Server Upgrades
[6.2.2] Server Reboots
[6.2.3] Data Center Maintenance, Outages, or Issues outside of the Company’s control
[6.2.4] Planned Maintenance
[6.2.5] DDoS Attacks
[6.3] A failure to provide 99% uptime will result in customer compensation pursuant to guidelines established herein.
[6.2.1] Customer is entitled to compensation if Customer's web site, databases, email, FTP, SSH or webmail become unusable as a result of failures in the Company’s systems for reasons other than previously communicated or for coding or configuration errors on the part of the Customer.
[6.2.2] Customer will receive a 5% credit, equal to the Customer's current monthly hosting cost for every two (2) hours of downtime or service interruption, up to a maximum of the Customer’s monthly hosting fee. NOTE: If Customer is on an annual, pre-paid hosting plan the maximum credit amount is calculated by dividing the price of the annual plan by twelve (12).
The Company is not responsible for damages caused by delay or failure to perform undertakings under these Terms of Service when the delay or failure is due to:
[7.4] Power Outages or Failures
[7.5] Acts of God or the State's enemies
[7.6] Lawful Acts of Public Authorities
[7.7] Any and all Market Movements, Shifts, or Volatility
[7.8] Computer, Server, or Internet Malfunctions
[7.9] Security Breaches or Cyberattacks
[7.10] Criminal Acts
[7.11] Delays or defaults caused by Common Carriers
[7.12] Acts or Omissions of Third Parties
[7.13] Any other Delays, Defaults, Failures or Interruptions that cannot reasonably be foreseen or provided against.
In the event of force majeure, the Company is excused from any and all performance obligations and these Terms of Service shall be fully and conclusively at an end.
The Customer certifies that they are at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.
[9.1] Notwithstanding the above, the Company may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment.
[9.2] Any expiration of services, whether due to termination of contract by the Company or Customer, end of term agreements or non-payment, will result in the Customers content and data being removed from the server immediately. Content and data will not be retrievable if the Customer account is reinstated.
[9.3] The Company reserves the right to charge a reinstatement fee.
[10.1] Customer expressly agrees that use of the Company’s Server is at Customer's sole risk.
[10.2] Neither the Company, its employees, affiliates, agents, third party information providers, merchants licensers or the like warrant that the Company’s service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through, unless otherwise expressly stated in this contract.
[10.3] Under no circumstances, including negligence, shall the Company, its offices, agents or anyone else involved in creating, producing or distributing the Company’s service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Company’s service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Company’s records, programs or services.
NOTE: Customer hereby acknowledges that this paragraph shall apply to all content on the Company’s service.
[10.4] Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
[11.1] Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against the Company, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns.
[11.2] Customer agrees to defend, indemnify and hold harmless the Company against Liabilities arising out of:
[11.2.1] any injury to person or property caused by any products sold or otherwise distributed in connection with the Company’s service
[11.2.2] any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party
[11.2.3] copyright infringement
[11.2.4] any defective product which the Customer sold on the Company’s servers
[12.1] Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State.
[12.2] Specifically, Customer covenants that it shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from the Company under this agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
[12.3] Customer agrees to indemnify, to the fullest extent permitted by law, the Company from and against any fines or penalties that may arise as a result of Customer's breach of this provision.
[12.4] This export control clause shall survive termination or cancellation of this Agreement.
Customer agrees to abide by the terms set forth in this document as well as other Company policies including, but not limited to:
[13.1] Acceptable Use Policy
Customer also agrees to abide by all applicable Terms set forth by all Company partners and subsidiaries.
When possible or needed, the Company will utilize individuals from the Company’s community to provide voluntary Customer Support. For those interested please contact us at: email@example.com for consideration and to review and acknowledge the Voluntary Community Support Agreement.
Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.
Customer may not transfer this contract without the written consent of the Company.
These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.
Customer may only use the Company’s services for lawful purposes. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect the following specific activities are prohibited:
[1.1] Pornographic content
[1.2] Reselling services (unless specifically utilizing the Company’s reseller service)
[1.3] Stolen property or content
[1.4] Hacking sites, programs or archives
[1.5] Warez, warez linking or nulled script sites
[1.6] Distribution of files, content, or data in which the Customer does not own outright or a license granting permission for sale or distribution (e.g. music, books, apps, movies, etc.)
[1.7] SPAM or otherwise unsolicited email (refer to the Section on Spamming below)
[1.8] Currency or any other form of mining
[1.9] Use of the Company’s servers or network to conspire to commit or support the commission of illegal activities
[1.10] Any conduct that is likely to result in retaliation against the Company’s network or website, Company employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS)
Usage of the Company’s computer systems or network to access any other system, service, or network without the owner's consent is expressly forbidden.
Anonymous proxies are easily abused and often cause a negative impact on both the servers and the network they are connected to. As such, they're prohibited on the Company’s network and servers.
Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), to use the Company’s services for relaying unsolicited e-mail or usenet postings or to use unsolicited e-mail or usenet postings to advertise for their site hosted using the Company’s services.
Any complaint the Company receives about a violation regarding SPAM will be taken very seriously and will result in immediate account cancellation.
Collecting or using email addresses, screen names or other personal identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting) is strictly forbidden.
You agree that if the Company’s IP addresses assigned to your account are listed on an abuse database or blacklist (e.g. mxtoolbox, DNSBL, etc.), you will be in violation of this policy, and the Company may take reasonable action to protect its IP addresses, including suspension or termination of your service, regardless of whether the IP addresses were listed as a result of your actions.
Usage of the Company’s network to impersonate another person or entity, be it through email, internet forums, or any other means, is strictly prohibited. This includes spoofing email or network packet headers whether or not it is done for malicious purposes.
Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called “Scraper sites.” These can all have a severely detrimental effect on server performance and are not permitted.
The Customer agrees to make use of the Company’s services primarily for the purpose of hosting a website and the associated email functions. Data uploaded must be primarily for this purpose.
The Company’s services are not intended to be used for data backup or archiving purposes (e.g. importing or storing personal mail archives).
Forwarding all emails from another fully-hosted email address for archival purposes is not allowed. Further, mail accounts cannot be used for file storage (e.g. for security cameras, emails used to transfer files, etc.).
NOTE: The Company reserves the right to delete your mail archives if they become unmanageable.
Quality Hosting is committed to protecting and respecting your privacy.
For the purpose of data protection laws applicable from time to time, to you, in the location that you provide your information (“Applicable Law”), we will be the ‘data controller’ (or such equivalent or replacement terminology as appropriate).
We collect information in multiple ways, including when you provide information directly to us, and when we passively collect information from you, such as from your browser or device.
[2.1] Fill in forms
[2.2] Search for a product
[2.3] Make a purchase or place an order
[2.4] Enter a sweepstakes or contest or register for a promotion
[2.5] Complete a survey or provide us with feedback
[2.6] Subscribe to a service or request certain features (e.g., newsletters, updates, and other products)
[2.7] Use certain features that require your information to function
[2.8] Communicate with us by phone, e-mail or otherwise
[2.9] Chat with any of our support agents or on our chat forum
[2.10] Report a problem with our website
[2.11] Post user-generated content, including comments, to or on any of our Services, including on discussion boards, community forums, blogs or other social media functions on our website
The information you provide directly to us may concern you or others and include, but is not limited to:
[2.2] eMail Address
[2.4] Home and/or Business Address
[2.5] Username and Password associated with your Account
[2.6] Phone Numbers and other Contact Details
[2.7] Demographic Information
[3.1] Device/Usage Information
We may automatically collect certain information about the computer or devices (including mobile devices or tablets) you use to access the Services. As described further below, we may collect and analyze information such as
[3.1.1] IP addresses, geolocation information, unique device identifiers, IMEI and TCP/IP address, and other information about your computer or device(s), browser types, browser language, operating system, mobile device carrier information, the state or country from which you accessed the Services
[3.1.2] Information related to the ways in which you interact with the Services, such as: referring and exit web pages and URLs, platform type, the number of clicks, domain names, landing pages, pages and content (such as advertisements) viewed and the order of those pages, statistical information about the use of the Services (such as barcodes scanned through certain of our mobile apps), the amount of time spent on particular pages, the date and time you used the Services, the frequency of your use of the Services, error logs, and other similar information. As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information
[3.2] Location Information
We and our service providers may automatically collect location information, including general information (e.g., IP address, zip code) from your computer or mobile device. If you access the Services through a mobile device, we may also ask you to share your specific geo-location information with us. The Services use this location information to provide customized location-based services, content, promotional offers and other information that may be of interest to you. We may also use location information to improve the functionality of the Services and our other products services. We and our service providers may also collect other information based on your location and your device’s proximity to “beacons” and other similar indoor proximity systems, including, for example, the strength of the signal between the “beacon” and your device and the duration that your device is near the “beacon.” If you do not wish to have this location information collected and used by us and our service providers, you may disable the location features on your device. Please note that if you disable such features, you will not be able to access or receive some or all of the services, content, features or products made available via the Services. Also see the “Tailored Advertising” section below for more choices regarding the delivery of interest-based content and advertising.
[3.3] Cookies and Other Electronic Technologies
We may also collect data about your use of the Services through the use of Internet server logs, cookies or tracking pixels. A web server log is a file where website activity is stored to distinguish you from other users of our website. A cookie is a small text file that is placed on your computer when you visit a website, that enables us to:
[3.3.1] Recognize your computer
[3.3.2] Store your preferences and settings
[3.3.3] Understand the web pages of the Services you have visited
[3.3.4] Enhance your user experience by delivering content specific to your interests
[3.3.5] Perform searches and analytics
[3.3.6] Assist with security administrative functions. Some cookies are placed in your browser cache while those associated with Flash technologies are stored with your Adobe Flash Player files
Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads or email, and that are designed to provide usage information like ad impressions or clicks, measure popularity of the Services and associated advertising, and to access user cookies. As we adopt additional technologies, we may also gather additional information through other methods. We also gather information and identify users through the fingerprinting methods described in Section 2(a) above.
We use the following cookies:
[3.3.1] Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services
[3.3.2] Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily
[3.3.3] Functionality cookies. These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region)
[3.3.4] Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose
Except for essential cookies, all cookies will expire after one year.
Your usage of the website without changing your browser cookies settings will indicate your consent to usage of cookies in accordance with this section of this Policy. You can change your cookie settings at any time. Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). You can also manage the use of Flash technologies, including cookies and local storage objects with the Flash management tools available at Adobe’s website. Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Services.
Please also see below the section entitled ‘Tailored Online and Mobile Advertising’ which contains further information on how cookies are used for advertising purposes by us as well as by associated third parties.
[3.4] Information Collected By and From Social Media and Other Content Platforms
When you “like” or “follow” us on Facebook, Instagram, Pinterest, Twitter or other social media sites, we may collect some information from you including your name, e-mail address, and any comments or content you post relevant to us. We may also collect your information if you sign up for one of our promotions or submit information to us through social media sites.
[3.5] Information from Affiliates and Non-Affiliated Third Parties
We may also obtain information about you if you use any other websites that we operate or may operate from time to time or other services we provide. We may share information amongst members of our corporate group, which means our subsidiaries, our ultimate holding company and its subsidiaries. We may also obtain information, such as demographic information, from our affiliates or from third parties, such as marketers, partners, researchers, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies and others.
We may use your information for the following purposes:
[4.1] For the purposes for which you provided it
[4.2] To carry out our obligations arising from any contracts entered into between you and us including the provision to you with information, products and services that you request from us, online content and dealing with your requests and enquiries
[4.3] To process a transaction initiated by you or to provide the features, services and products available through the Services
[4.4] To send you information about your relationship or transactions with us, account alerts, or other communications, such as newsletters to which you have subscribed
[4.5] With your consent, to send you SMS messages
[4.6] To notify you about new features, changes or offerings of the Services, including, but not limited to, updates, discounts, events, shows news about our Services, products, or special offers
[4.7] To contact you with information, surveys, or advertising that we believe may be of interest to you both regarding our products and Services and those of third parties
[4.8] To administer sweepstakes and contests
[4.9] To process and respond to your inquiries or to request your feedback
[4.10] For internal research and reporting
[4.11] To analyze and improve the content and features of the Services or develop new Services
[4.12] To ensure that content from our website is presented in the most effective manner for you and on the device or browser from which you are accessing our Services
[4.13] To personalize the content and advertising that you see on the Services or on other websites, including across difference devices and browsers (see “Personalized Content and Advertising” section below)
[4.14] To measure or understand the effectiveness of advertising we serve to you and others
[4.15] To allow you to participate in interactive features of our service, when you choose to do so
[4.16] To enforce the legal terms that govern your use of the Services
[4.17] To keep our website safe and secure
[4.18] To use IP addresses to identify the location of users, to block disruptive use, to establish the number of visits from different countries and to determine the jurisdiction in which you are accessing the Services
[4.19] To administer and troubleshoot the Services
Please note that we may combine information that we collect from you and about you (including automatically-collected information) with information we obtain about you from our affiliates or non-affiliated third parties and use such combined information in accordance with this Policy.
We may aggregate or de-identify information collected through the Services. We may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, sponsors, event promoters, or others.
If you ever provide to us any information that classifies as ‘sensitive personal information’ (e.g. racial or ethnical origin, political opinions, religious beliefs, trade union membership, physical or mental health, sexual life, criminal proceedings and offences), we will only use this information to provide the Service you require in accordance with this Policy and we will ask for your explicit consent to such processing.
We may disclose or share your information between members of the Sites corporate group, and to or with any non-affiliated third parties under the following circumstances:
[5.1] Consent. We may disclose your information to any third parties based on your consent to do so
[5.2] Service Providers. We may provide access to or share your information with select third parties who perform services on our behalf and for any other legitimate business purpose. These third parties provide a variety of services to us, including without limitation billing, sales, marketing, advertising, market research, customer support, fulfillment, data storage, analysis and processing, and legal services
[5.3] Business Partners. We may provide your information to individuals and companies with whom we have business relationships to provide you with special coupons, discounts, or promotions, or to offer products and services to you for purchase. We encourage these partners to adopt and post privacy policies. However, the use of your Information by such parties is governed by the privacy policies of such parties and is not subject to our control
[5.4] Protection of Us and Others. By using the Services, you acknowledge, consent and agree that we may access, preserve and disclose your information, including, but not limited to, any user content, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
[5.4.1] comply with legal process
[5.4.2] enforce our Terms of Service, this Policy, or other contracts with you, including investigation of potential violations thereof
[5.4.3] respond to claims that any content violates the rights of third parties
[5.4.4] respond to your requests for customer service
[5.4.5] protect the rights, property or personal safety of the Services, its agents and affiliates, its users or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes
[5.5] Business Transfers. As we continue to develop our business, we may buy, merge or partner with other companies. In such transactions, (including in contemplation of such transactions, e.g., due diligence) user information may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third-party, customer information (including your email address) would likely be one of the transferred business assets
[5.6] Public Forums. Our Services offer publicly accessible blogs and community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Please also remember that if you choose to provide information on public features of the Services, individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about what you choose to disclose publicly and make sure it’s information you want to share with the public
We may use third-party web analytics services on our Services, such as those of Google Analytics, Hotjar and Facebook. These service providers use the sort of technology previously described in the “Cookies and other electronic technologies” section to help us analyze how users use the Services, including by noting the third-party website from which you arrive, and provide certain features to you. We may also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
If you receive email from us, we may use certain tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
You may access certain of your information and delete, change, or modify that information through your relevant account settings on the Services. For additional assistance with modifying or deleting information provided to us, contact us at firstname.lastname@example.org.
We will keep your information only for as long as is reasonably necessary for the purpose that it has been processed, considering any legal requirements under Applicable Law. For the avoidance of doubt, we will retain your information to continue offering the Services to you. If you terminate your account, any association between your account and information we store will no longer be accessible through your account. However, if you have engaged in any public sharing prior to termination, that information will remain on our services and accessible to the public. We will also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
If you wish to verify the details that we hold about you may do so by contacting us via e-mail to email@example.com. Our security procedures mean that we may request proof of identity before we reveal information. This proof of identity will typically take the form of your e-mail address and any password submitted upon registration.
We have implemented administrative, technical, and physical security measures to protect against the loss, misuse or alteration of your information. These safeguards vary based on the sensitivity of the information that we collect and store. All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using Secure Sockets Layer (SSL) technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website or our service, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure, and although we will do our best to protect your information, we cannot and do not guarantee that the measures we take will prevent every unauthorized attempt to access, use, or disclose your information since despite our efforts, as no Internet or other electronic transmissions can be completely secure and any transmission is at your own risk.
It is important for you to protect against unauthorized access to your password and to your computer so we advise that you sign off when you have finished using a shared computer and strongly recommend that you do not use the browser’s password memory function as that would permit other people using your device to access your information. It is important for you to protect against unauthorized access to your password and to your computer so we advise that you sign off when you have finished using a shared computer strongly recommend and that you do not use the browser’s password memory function as that would permit other people using your device to access your information. We recommend that you change your password periodically. You are responsible for maintaining the security of your account username and password. You may not provide these account credentials to any third party. If you believe that your account username or password have been stolen or been made known to others, you must contact us immediately at firstname.lastname@example.org and change your password immediately. We are not responsible if someone else accesses your account through information that they have obtained from you. To the fullest extent permitted by law, we disclaim all liability and responsibility for any damages you may suffer due to any loss, unauthorized access, misuse or alterations of any information you submit to the Service.
If you have provided contact information through the Services and decide that you do not want us to use that information for marketing purposes in accordance with this Policy, you can opt-out of future use at any time by:
[9.1] Going to the link provided at the bottom of any email you receive and opting out of receiving future information
[9.2] By sending us an email at email@example.com.
Please note that you may not be able to opt out of emails about your transactions and relationship with us, such as emails regarding your account, requests or inquiries, and purchases of products or services.
Where, under Applicable Law, you are entitled to access information held about you and to request that it is corrected if any of your details held are incorrect. Your right of access can be exercised in accordance with the provisions of Applicable Law. Any access request will be subject to the maximum fee permissible under Applicable Law in order to meet our costs in providing you with details of the information we hold about you.
The Services may also include widgets and social media features such as the Facebook “Like” button, which are interactive mini-programs that provide specific services from another company (e.g. displaying the news, opinions, music, etc.). Information such as your email address may be collected through these features. These features may collect your IP address and set cookies to enable them to function properly. We are not responsible for nor do we endorse the privacy practices or the content of such third-party services. Any information you provide via those services is subject to their applicable privacy policies and is not covered by this Policy.
California Law permits visitors who are California residents to request a list of the third parties to which we have disclosed “personal information” (as that term is defined under applicable California law) for such third parties’ direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing at:
211 N. Andover Rd. #222
Andover, KS 67002
The Services are not directed to children under the age of 13 and such children are not permitted to use the Services. If we discover we have received any “personal information” (as defined under the Children’s Online Privacy Protection Act) from a child under the age of 13 in violation of this Policy, we will take reasonable steps to delete that information as quickly as possible. If you believe we have any information from or about anyone under the age of 13, please contact us at firstname.lastname@example.org.
We reserve the right to change this Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. Please check this page periodically for changes. Your continued use of the Services following the posting of changes to this Policy will mean you accept those changes.
If you have any questions about our Policy, you can contact us by emailing us at email@example.com or by writing to us at:
211 N. Andover Rd. #222
Andover, KS 67002