DevWiki:Privacy policy
From DevWiki
Privacy Policy & Statement
Volusion, Inc. collects basic client information to make your support experience the very best on the Internet. We respect your privacy, and we assure you that we will maintain and use this information responsibly.
General Browsing:
Volusion, Inc. gathers navigational information about where you go on our Web site. This information allows us to see which areas are most visited. This helps us improve the quality of visitors' online shopping experiences by recognizing and delivering more of the features, services and products our visitors prefer. Additional non-personally identifiable information (i.e. domain type, browser version, service provider and IP address) may be collected which will provide information regarding your use of our Web site (such as the time of your last visit to a page on our site).
Disclosure of Personal Information:
Any information you provide to us at this site when you establish or update an account, purchase credits online or request information (i.e. name, address, e-mail address, telephone number and credit card information), is maintained in private files on our secure Web server and our internal systems. This information is used to enable Volusion, Inc. to deliver services to you. To ensure compliance with federal law, Volusion, Inc. does not maintain information provided by children under the age of 16. You should be aware that we may disclose specific information about you if necessary to do so by law or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect the users of our Web site, the site or the public. Volusion, Inc. does not sell, rent or trade your e-mail address to third parties. We may, however, use third parties to help us provide services to you, such as fulfilling orders, processing payments, monitoring site activity, conducting surveys, and administering e-mails. If personally identifiable information (i.e. name, address, e-mail address, telephone number) is provided to any of these third parties, we will require that such information be maintained by them in strictest confidence.
Use of Cookies:
Volusion, Inc. uses a browser feature known as a cookie, which assigns a unique identification to your computer. Cookies also allow Volusion, Inc. to make our sites more responsive to your needs, by delivering a better and more personalized experience to you. The cookies are typically stored on your computer's hard drive and are used by Volusion, Inc. to help track your clicks as you go through the pages within an Volusion, Inc. Web site. In addition, Volusion, Inc. uses cookies to help keep track of support requests and to tell us whether you have previously visited an Volusion, Inc. website. This allows registered users to avoid reentering information upon every new visit to our site.
Use of Forums / Discussion Boards:
None of the information contained on our Website is medical, legal, business, or other advice or opinion of Volusion, Inc. Any opinion expressed via this service is that of its author. Users are reminded that postings are automatic, instantaneous, and are not pre-reviewed. Additional facts and information on legal or other developments may affect the subjects discussed. Confidential information should not be discussed. Volusion, Inc. assumes no responsibility for the content or consequences, direct or indirect, of communications by users.
Links:
For your convenience, our Web site may contain links to other sites. Volusion, Inc. is not responsible for the privacy practices or the content of such Web sites.
Questions/Changes in Policy:
If you have questions or concerns with respect to our Privacy Policy, please feel free to contact us . If elements of our Privacy Policy change, we will post the policy changes in our Privacy Policy on this Web site. If you are concerned about how your personal information is used, please visit our site often for this and other important announcements about Volusion, Inc.. Volusion, Inc. believes in providing a safe and secure shopping experience for all of our clients. We provide stringent and effective security measures on our Web site. It is our policy to never send private information, such as your credit card number, via e-mail. In fact, this is a practice we recommend you adopt in all of your Internet activities.
Terms & Conditions
In order to maintain our system integrity and resources we expect our customers to act responsibly. When you use any Volusion, Inc. services, in any form, you automatically agree to the following Conditions. We reserve the right to suspend or cancel a customer's access to any or all services we provided when we decide that the account has been inappropriately used. In short:
- No adult content (Pornography)
- No online gambling
- No Spam, No unsolicited e-mailing
- No Warez, cracks, copyright infringement
- No Server abuse -Any attempt to undermine or cause harm to a server, or customer, of us is strictly prohibited.
- No Unauthorized use of other people's accounts or computers
- No IRC Chat Rooms - We do not allow clients to install their own chat rooms of any kind, without approving it with the Support Team.
- Background Running Programs - Prior approval required for any programs to run continually in the background. NO IRC chat will be approved, FlashChat and MyPHPChat are two chat apps that have been approved.
- Payment Policies - All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes. All pricing is guaranteed for the term of pre-payment. We reserve the right to change prices at any time, unless other terms have been agreed upon. The customer is responsible for all money owed on the account from the time it was established to the time that the customer submits an official cancellation request form.
- Cancellation Policy -We reserve the right to cancel service at any time. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
- Domain Registration fees are not refundable at all.
- Lawful Purposes - We reserve the right to refuse service to anyone. Customers may only use our servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited.
- Indemnification - Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our agents, our 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of;
1. any injury to person or property caused by any products sold or otherwise distributed in connection with our servers
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 our servers.
- Disclaimer: We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by our Web hosting service and our employees. We reserves the right to revise the policies at any time.
- All end-users, resellers and dedicated servers of ours must adhere to the above policies.
- Use of any mass email programs in conjunction with Volusion SMTP servers is strictly prohibited.
- Use of any additional applications or executables on Volusion servers is strictly prohibited
- Use of MSAccess data files on Volusion Servers is strictly prohibited.
- Failure to follow any term or condition will be grounds for immediate account deactivation.
In addition, any website using Volusion eCommerce software must maintain a hyperlink to "http://www.volusion.com" at the bottom/footer of the website, which are visible throughout the majority of the website. If the hyperlink is not found, Volusion, Inc. reserves the right to place the hyperlink on your website without notice.
Adult Material & Policy
Due to different cultures, material that is appropriate in some countries may not be appropriate in others. For this reason and many others, we maintain a strict "No Adult Material Policy".
Volusion, Inc. defines "Adult Material" as any of the following:
1. Any photos or videos showing frontal nudity on either men or women. 2. Any photos or videos showing any sexually explicit nudity. 3. Any audio clips or text containing sexually explicit material.
We also prohibit the following:
1. Any sites with direct links to other sites containing such material. 2. Any site engaged in the sale of sexually explicit items.
In addition we reserve the right to determine what might be considered "sexually explicit" or "sexually related". If your site contains material that you are unsure about, please let us know before placing the order.
Why does Volusion, Inc. not allow adult material on their servers?
Volusion, Inc. has the privilege of hosting many family sites including self-help, rehabilitation support groups, churches, and many others. As one of the world's leading Web Solutions Providers, we hope our policies will set new standards in the industry as to what kind of material is "acceptable".
As a customer, how would this policy benefit me?
Volusion, Inc. customers enjoy the assurance that if the IP addressing ever gets mixed up, their domain name will never pull up an adult site. In addition, Volusion, Inc. customers enjoy the consistently fast servers and clear network. Unlike other Web hosting facilities, we do not have our network congested with users downloading pornographic images.
Email Policies
Spam -- also known as Unsolicited Commercial Email (UCE). Volusion has a zero tolerance spam policy. Volusion does not permit spam being sent using Volusion mail servers.
All email sent via Volusion servers must meet the following criteria:
1. The recipient of your email has made a purchase, requested information, responded to a questionnaire or a survey, or had offline contact with you.
2. Marketing/Newsletter emails must provide a working link for users to unsubscribe.
3. All requested to unsubscribe must be processed within 10 days.
4. Email "from address" must contain the domain name of your Volusion store.
5. Email subject lines must not contain misleading information.
Volusion actively monitors our mail servers for abuse. Any customer found to be using Volusion mail servers to send spam will be immediately cut-off from use of Volusion services.
1. Use of any mass email programs in conjunction with Volusion SMTP servers is strictly prohibited.
Prohibited Practices
Volusion shall have no duty or obligation to monitor Customer's Content or any other Content provided or distributed by others, and Volusion shall not edit or otherwise exercise any control over Customer's Content. Nevertheless, Volusion may, in its sole discretion at any time, without notice to Customer, and without liability to Customer, remove from public view, disconnect, or terminate the hosting of any of Customer's Content or other Content that Volusion deems in its sole discretion to be offensive or illegal, for any one or more of the following reasons: (i) the content is adjudicated to be in violation of the laws of the state where the server resides; illegal or sexually explicit Content or activities, or any Content that allegedly violates the law, rules or regulations of any country or subdivision thereof; (ii) the content constitutes harassment of Users, including, but not limited to, by means of Customer's billing practices; or (iii) Customer's noncompliance with or material breach of any of the terms and conditions of the AUP or this Agreement.; or (iv) claims made by third parties against Volusion that Customer or any of its end users has engaged in one or more of the above practices.
Customer's Indemnification
Customer shall indemnify and hold harmless Volusion from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to Customer's provision, or an end user's use, of Customer's Content, or any act, error, or omission of Customer in connection therewith, including but not limited to matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property or other right; or violation of any applicable law.
Warranties
Each party warrants and represents to the other party that it has the complete right to enter into and perform its responsibilities under this Agreement.
Disclaimer Of Warranties
THE FOREGOING WARRANTIES ARE MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE AND HOSTING SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, AND VOLUSION NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR VOLUSION ANY OTHER LIABILITY IN CONNECTION WITH ANY SOFTWARE OR HOSTING SERVICES PROVIDED UNDER THIS AGREEMENT.
Limitation Of Liability
VOLUSION ASSUMES NO RESPONSIBILITY WITH RESPECT TO CUSTOMER'S OR END USER'S USE OF THE SOFTWARE OR HOSTING SERVICES AND SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF VOLUSION IS AWARE OF THE POSSIBILITY THEREOF. VOLUSION SHALL IN NO EVENT BE LIABLE FOR MORE THAN THE TOTAL FEES ACTUALLY RECEIVED BY IT FROM CUSTOMER FOR THE SERVICES DURING ANY 12-MONTH PERIOD.
No Assignment by Customer
Customer may not assign this Agreement without the prior written consent of Volusion, which Volusion may refuse in its sole discretion. Any attempt by Customer to assign this Agreement without prior written permission shall be deemed null and void. Volusion may assign this Agreement, which shall be effective upon written notice provided to Customer.
Notices of Trademark & Copyright Infringement
To cover the increasing cost of processing DMCA, trademark, and copyright infringement claims, Volusion reserves the right to charge a $250 processing fee for each instance of notification received from a legitimate copyright holder. Volusion reserves the right to close any store that, upon notification, fails to comply with a legitimate infringement claim within the specified time.
Notices
(i) Any notice or other communication ("Notice") required or permitted under this Agreement shall be in writing and either delivered personally or sent by facsimile, overnight delivery, express mail, or certified or registered mail, postage prepaid, return receipt requested, to the address listed above in this Agreement, for Volusion or the address provided in the application form submitted with the payment for Customer; (ii) a Notice delivered personally shall be deemed given only if acknowledged in writing by the person to whom it is given. A Notice sent by facsimile shall be deemed given when transmitted, provided that confirmation of that transmission was received. A Notice sent by overnight delivery or express mail shall be deemed given twenty-four (24) hours after having been sent. A Notice that is sent by certified mail or registered mail shall be deemed given forty eight (48) hours after it is mailed. If any time period in this Agreement commences upon the delivery of Notice to any one or more parties, the time period shall commence only when all of the required Notices have been deemed given; (iii) either party may designate, by Notice to the other, substitute addresses, addressees or facsimile numbers for Notices, and thereafter, Notices are to be directed to those substitute addresses, addressees or facsimile numbers.
Miscellaneous
(i) The laws of the State of Texas shall govern the validity and construction of this Agreement and any dispute arising out of or relating to this Agreement, without regard to the principles of conflict of laws; (ii) THE PARTIES SUBMIT TO THE JURISDICTION OF THE COURTS OF THE STATE OF TEXAS, AND AGREE TO VENUE IN TRAVIS COUNTY, TEXAS; (iii) a ruling by any court that one or more of the provisions contained in this Agreement is invalid, illegal or unenforceable in any respect shall not affect any other provision of this Agreement. Thereafter, this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had been amended to the extent necessary to be enforceable within the jurisdiction of the court making the ruling and to preserve the transactions originally contemplated by this Agreement to the greatest extent possible; (iv) the section and subsection headings have been included for convenience only, are not part of this Agreement and shall not be taken as an interpretation of any provision of this Agreement.; (v) this Agreement may be amended, waived, changed, modified or discharged only by an agreement in writing signed by all of the parties; (vi) this Agreement represents the entire understanding of the parties with respect to the subject matter hereof, and there are no representations, promises, warranties, covenants or understandings with respect thereto other than those contained in this Agreement. Without limiting the generality of the foregoing, it is expressly agreed that the terms of any purchase order issued by Customer with respect to the Hosting Services provided under this Agreement shall not be applicable and that any acceptance of such purchase order by Volusion shall be for acknowledgment purposes only; (vii) failure to insist upon strict compliance with any of the terms, covenants or conditions of this Agreement shall not be deemed a waiver of that term, covenant or condition or of any other term, covenant or condition of this Agreement. Any waiver or relinquishment of any right or power hereunder at any one or more times shall not be deemed a waiver or relinquishment of that right or power at any other time; (viii) the remedies set forth in this Agreement are cumulative and are in addition to any other remedies allowed by law. Resort to one form of remedy shall not constitute a waiver of alternate remedies; (ix) wherever used in this Agreement, the singular shall include the plural, and the plural shall include the singular. The use of any gender, tense or conjugation shall include all genders, tenses and conjugations; (x) the Parties are independent contractors and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership; and (xi) this Agreement is only between Volusion and Customer, and does not make any third-party a beneficiary of this Agreement, whether known or contemplated by either party. Further, this Agreement does not make Customer a third-party beneficiary of any agreement that Volusion may have with third parties, nor does this Agreement make Volusion a third-party beneficiary of any agreement that Customer may have with third parties.