Terms and conditions of use

Information covered by Privacy Notice

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This privacy notice, which may also be referred to as a “privacy policy” on some of our websites, covers personal information, including any information we collect, use and share from you, as described further below. This privacy notice applies to all websites and brands in the Endurance corporate family, our products and services, and our mobile applications (collectively, the “Services”). This privacy notice does not cover how our Users may use or share data that they collect using our services.

When you purchase a Service from us, your personal information will be collected, used, and shared consistent with the provisions of this privacy notice. In addition, the following addendums related to particular Services offered by Endurance or individuals in certain locations also apply to your purchase or use of those Services. 

Information We Collect From You

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In the course of your use of the Services, we obtain the following information about you as described below. We collect this data for the purposes described under “How We Use Your Information”.

Information you voluntarily provide to us

We collect the following information from you when you provide it to us:

Information you provide prior to any registration process, such as your email when you provide it to us;

Information that you provide during any registration process, including in connection with a co-branded offer (such as your name, company name, email address, phone number, billing address or credit card information, geographic location and industry);

Information you provide, when you call or email us (for support or otherwise) or when you use our products or services; and

Payment information, including credit card data that you provide to us (by way of our Services or otherwise) when you purchase some of our products and services.

Information we collect about your usage and devices

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We collect data relating to your online activity on our websites, including the following:

            IP address;

            Browser type and version;

            Type of device you use, operating system version, and device identifier;

            Geographic location;

            Pages you view;

            How you got to our Services and any links you click on to leave our Services;

            When you update your information, communicate with us, or order new Services;

            Metadata about your use of our Services and emails we send to you (including clicks and opens);

            Metadata about how your customers, contacts, and users interact with the Services we provide you;

            Your interactions with any videos we offer;

            Issues you encounter requiring our support or assistance; and

            Any device or other method of communication you use to interact with the Services.

We store the data we collect in a variety of places within our infrastructure, including system log files, back end databases, and analytics systems.

Information We Aquire From Social Media

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We collect information from third party social networking sites, including information that they provide to us if you use your credentials at such social networking sites to log into some of our Services (such as your name and email address to pre-populate our sign-up form).

The information you allow us to access varies by social networking site, and depends on the level of privacy settings you have in place at the social networking site. You can control and find out more about these privacy settings at the applicable social networking site.

Information We Aquire From Other Sources

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We also collect the following information from other sources:

    Information you provide to us at seminars or to our partners;

    Information you provide to us in surveys;

    Information that is publicly available; and

    Information you consent to us receiving from third parties.

We also collect information that you may provide during your telephone conversations with us, which we may monitor or record.

We may combine any information we collect about you with other information we have about you to help us update, expand and analyze our records, identify new customers, and provide products and services that may be of interest to you. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

How We Use Your Information

We use the information we collect, both on its own and combined with any other information we collect about you, for the following business and commercial purposes:

    To provide the requested Services to you;

    To provide you with useful content;

    To ensure the proper functioning of our Services

    To offer and improve our Services;

    To provide you with requested information or technical support

    To facilitate your movement through our websites or your use of our Services;

    To do a better job of advertising and marketing our Services (subject to your consent where required by applicable law);

    To advertise and market third party products and services (subject to your consent where required by applicable law)

    To diagnose problems with our servers or our Services;

    In connection with our security and compliance programs;

    To administer our websites;

    To communicate with you;

    To target current or prospective customers with our products or services through online advertisements served on third-party sites by third-party vendors, such as Google (subject to your consent where required by applicable law);

    To assist us in offering you a personalized experience or otherwise tailor our Services to you; and

    As otherwise described in this privacy notice.

We also use the information we receive to produce reports on trends and statistics, such as mobile search trends, email open rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our websites or evaluated or purchased our products or services.

Payment information that you provide to us, including credit card data, will only be used to facilitate payment for the Services.

We also use recorded telephone conversations for quality control purposes, to train our employees and for our own protection.

Sharing of Information

As further described below, we will only share certain personal information with:

    Other members of the Endurance corporate family;

    Our partners;

    Third-party service providers and vendors;

    In connection with a sale, merger, acquisition or corporate reorganization;

    Authorized users within your organization; and

    For legal reasons.

Further information about the third parties with whom we share personal information is available here.

Sharing within the Endurance Corporate Family

We share personal information with other members of the Endurance corporate family to allow our corporate affiliates to contact you with offers, services or products that may be of interest to you and to provide you with their products and services. Any such corporate affiliate may use your information only according to the terms of this privacy notice. If you are located in a jurisdiction where such sharing requires your permission, we will only do so with your consent.

Sharing with Partners

When we share your personal information with certain third-party partners, including marketing and advertising partners, that information includes your name, email address and other information enabling partners to:

    Assist you in using our Services,

    Contact you with offers, services or products that may be of interest to you, and

    Provide you with their products or services.

Our partners may use cookies, web beacons, pixels, tags, scripts, and similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to opt-out of interest-based advertising click here, or if you are located in the European Union, click here. Click here to opt-out of interest-based advertising on your mobile device(s). Please note you will continue to receive generic ads. Click here to access our Cookie Notice.

If you are located in a jurisdiction where such sharing requires your permission, we will only do so with your consent. Please note that if you access our services through a tool that hides your location, such as through a virtual private network, you may not receive our request for permission because we were not able to identify you as being located in a jurisdiction where your permission is required.

Further, our partners are prohibited from using your contact information for any purpose beyond those set forth above without your consent. We will not provide our partners with your credit card information. Further information about certain partners we share personal information with is available here.

In the event we collect information from you in connection with an offer that is jointly presented by us and a partner, we will let you know who is collecting the information and whose privacy notice applies, as well as any options you may have regarding the use of your information.

Sharing with Third-Party Service Providers and Vendors

Occasionally, we enter into contracts with carefully selected third parties to assist us in servicing you (for example, providing you with customer service, fraud detection, and deterrence or access to advertising assets and providing us with information technology and storage services) or to assist us in our own marketing and advertising activities (including providing us with analytic information and search engine optimization services). Additional information about certain third-party service providers we share personal information with is available here. Our contracts with such third parties prohibit them from using any of your personal information for any purpose beyond the purpose for which it was shared.

If you purchase a product or service from a third party through one of our brands, we will pass your personal information to such third party in order for them to fulfill your order.

We offer features that allow you to better target who you contact through our products and services.  These features allow you to optimize your campaigns, segment your lists, and better customize your offerings to your customers.  In order to do this, we partner with third parties who can provide you with information about your contacts. If both you and your contacts are located outside of the European Union, this may include demographic information and geographic location.  We require that these third parties are contractually or legally permitted to share this information with you.

In order to provide you with these features, we may send third parties certain pseudonymized personal data about your contacts.  These third parties are prohibited from using this personal data for any purpose beyond that for which it was shared.

We also share non-personal information with certain third parties, including the media, industry observers, marketing and advertising partners, vendors, customers, potential customers or partners. For example, we disclose mobile search trends, email open rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our websites or evaluated or purchased our products and services.

Our third-party service providers and vendors may use cookies, web beacons, pixels, tags, scripts and similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to opt-out of interest-based advertising click here, or if you are located in the European Union, click here. Click here to opt-out of interest-based advertising on your mobile device(s). Please note you will continue to receive generic ads. Click here to access our Cookie Notice.

Corporate Reorganizations

If we are involved in a merger, acquisition, a sale of all or a substantial portion of our assets, or other similar sale transaction, your information will be transferred as part of that transaction. We will notify you by email and/or a prominent notice on our website of any such transfer and any choices you may have regarding your information.

Authorized Users

All users authorized by you to have access to your account can view personal information stored in the account. A primary account holder can view personal information saved in subaccounts to which they have authorized access. We share information about authorized users only for legitimate purposes consistent with this privacy notice, including servicing your account and marketing products and services to you.

Legal Process

If legally required to do so, or if we have a good faith belief that such disclosure is reasonably necessary, we may disclose your personal information to courts of law, public authorities (including to meet national security or law enforcement requirements), and other relevant third parties, such as internet service providers, to conduct an investigation, respond to a third party or law enforcement subpoena or court order, to bring legal action, prevent harm to others or pursue other relief when you or a third party are or may be:

    Violating our terms and conditions of use;

    Causing injury or other harm to, or otherwise violating the property or other legal rights, of us, other users, or third parties; or

    Violating federal, state, local, or other applicable law.

This disclosure can include transferring your information to the U.S. and other countries outside the European Economic Area. To the extent we are legally permitted to do so, we will notify you in the event that we are required to provide your personal information to third parties in connection with a subpoena.

Security

The transmission of information via the internet, email or text message is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted through the Services or over email; any transmission is at your own risk. Once we have received your information, we will take appropriate technical and organizational measures to safeguard your personal information against loss, theft and unauthorized use, access, or modification.

When we collect financial account information, such as credit card numbers, we protect its transmission through the use of encryption such as the Transport Layer Security (TLS) protocol.

Tracking Technologies and Online Advertising

We use cookies, web beacons, pixels, tags, scripts, and other similar technologies in the course of our business. Information about the technologies we use, why we use them (for example, in connection with online advertising), and how you can control them can be found in our Cookie Notice.

Choice/Opt-out

Marketing Communications from Us

Email

You always have the opportunity to opt-out of our marketing communications with you or change your preferences by following a link in the footer of all non-transactional email messages from us or by emailing us at optout@endurance.com. Some communications from us are considered transactional or service communications (for example, important account notifications and billing information). You agree to receive these transactional and service communications as a condition of the Services that we provide to you. You must cancel your accounts for all Services if you do not wish to receive any transactional or service communications from us. To cancel your account, please follow the instructions found in the terms of service for the applicable Service. You may still receive marketing communications from us even after you cancel your account unless you also opt-out of our marketing communications, as described above.

Phone

If you do not want to receive marketing calls by phone, you may contact customer support at the brand from which you purchased your Services and indicate your preference to us. Contact information for specific brands can be found on the homepage of each brand.

Note that we may use automated dialing technology to place marketing calls. In the event we do use such technology for marketing calls, we will do so with your consent as required to comply with applicable law. You do not need to agree to receive automated marketing phone calls or texts from us in order to use the Services.

Cookies

For information about how to manage and opt-out from cookies, please visit our Cookie Notice.

Information from Third Parties

To manage the information we receive about you from a social networking site or other third party (if applicable), you will need to follow the instructions from that party for updating your information and changing your privacy settings, where available. The information we collect is covered by this privacy notice and the information the third-party collects is subject to such third party’s privacy practices. Privacy choices you have made on any third-party site will not apply to our use of the information we have collected directly through our Services.

Unauthorized Accounts

If an account or profile was created without your knowledge or authorization, please contact customer support at the brand on which the account or profile is located to request the removal of the account or profile.

Retention of Personal Information

We retain your personal information to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will retain your personal information for no more than seven years following the later of (i) the date on which you terminate your use of the Services or (ii) May 25, 2018, unless we are otherwise required by law or regulation to retain your personal information for longer.

Legal Basis for Processing Your Information

Depending on what information we collect from you and how we collect it, we rely on various grounds for processing your information under the GDPR, including the following:

    In order to administer our contractual relationship, including setting up your requested Services, payments, renewals and processes;

    Because it is in our legitimate interest to run a successful and efficient business and provide you with the Services and other useful content;

    In order to fulfill any legal obligations we may have to collect this information from you; and/or

    Because you have provided your consent for us to do so.

YOUR RIGHT TO CONTROL HOW YOUR PERSONAL INFORMATION IS USED

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You have the right to make requests regarding your personal information. You can:

    Ask us to update or correct personal information if it is inaccurate;

    Request that we transfer some or all of your personal information to you or a third party (whenever it is technically feasible to do so);

    Make choices about receiving marketing communications;

    Withdraw your consent to process your personal information in circumstances where we are relying on your consent as our basis for processing.

To exercise any of your rights, please send an email to privacy@endurance.com or visit our Privacy Center .

Residents of the European Union and California have additional rights. Click here to learn more.

In addition to the rights above, residents of the European Union and California have further rights which are detailed below. Please note that some rights only apply in certain circumstances or to certain information and some exceptions may apply.

Third-Party Links and Information Collection and Use by Our Users

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Some of our Services provide links to other websites. Because we do not control the information policies or practices of these third-party sites, you should review their privacy policies to learn about how they collect and use personal information.

You may also log in to some of our Services using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you with the option to share certain personal information with us, such as your name and email address to pre-populate our sign up form. For example, if you take advantage of certain of our social media features, such as the Facebook Like button, and widgets, such as the “Share This” button or interactive mini-programs that run on our site, the applicable social networking sites may collect your IP address, which page you are visiting on our websites, and may set a cookie to enable it to function properly.

Children

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Our Services are not directed to persons under 18. We do not knowingly collect personal information from children under 18. If you are a parent or guardian of such a child and become aware that your child has provided personal information to us, please contact us as described in this Privacy Notice and we will take reasonable steps immediately to remove any such information.

Acceptable Use Policy

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This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into our Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided to them in the Terms of Service. We may modify this AUP at any time without notice.

You shall use the Services only for lawful purposes. Transmission, storage, or display of any information, data, or material in violation of applicable laws or regulations, including without limitation the laws of the Commonwealth of Massachusetts, is prohibited. We reserve the right to terminate the Services for any Customer that exposes the Company to legal liability or threatens its ability to provide services to other customers.  You agree to indemnify and hold the Company harmless from any claims resulting from your use of the Services.

Prohibited Uses

You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law. Any content that, in our judgment, violates our Terms of Service, including this AUP, in any manner may be removed from our servers (or otherwise disabled), with or without notice. Examples of prohibited content and activities can be found in this section.

Zero Tolerance Spam Policy

We maintain a zero-tolerance policy for use of our network or services to send unsolicited bulk or commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”). Please review this section to avoid action under our AUP.

Defamation and Objectionable Content

We respect that the Internet provides a forum for free and open discussion and dissemination of information.  Accordingly, we generally do not screen, monitor or control customer content.  However, if we are made aware of content that violates the law or this AUP, we will consider the matter and take appropriate action as determined in our sole discretion balancing the merits of the complaint with the right to freedom of expression.  

Enforcement

We may terminate your Services with or without notice upon any violation of this AUP.  This section describes how we may enforce this AUP.

Reporting AUP Violations

If you feel you have discovered a violation of our AUP, please review this section to learn about our reporting procedures.

1. Prohibited Uses:

    No Illegal or Harmful Use – You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law, including without limitation in connection with any of the following illegal, harmful or fraudulent activities:

        Disclosing private sensitive personal information about others;

        Distributing malware or other malicious code;

        Engaging in the unlawful distribution of controlled substances and drug contraband;

        Engaging in the unlawful distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription;

        Gambling;

        Hosting child pornography or content that is potentially harmful to minors (Any website found to be hosting child pornography or linking to child pornography will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children (NMEC);

        Hosting FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or related sites;

        Hosting or linking to a website intended to deceive the public including, but not limited to sites listed at aa419.org & escrow-fraud.com;

        Hosting or linking to an anonymous proxy server;

        Infringing upon the Intellectual Property Rights of Others. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. If you believe that your intellectual property rights are being infringed upon, please notify us by completing the Report Abuse form, or emailing us at abuse@nvcyberspace.com;

        Money laundering;

        Phishing or engaging in identity theft; and

        Selling weapons or ammunition.

    No Unauthorized System Access or Network Abuse – You may not use the Services to gain access into any network or system without permission. Prohibited activities include:

        Accessing another network without permission, to probe or scan for vulnerabilities or breach security or authentication measures;

        Attacking other networks (i.e. Denial of Service (DoS) attacks);

        Intercepting or monitoring data without permission;

        Running a file sharing site;

        Running any software that interfaces with an IRC (Internet Relay Chat) network;

        Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of our website or servers for any unauthorized purpose;

    Don’t Hamper System Performance – Consuming excessive amount of server resources is prohibited. This leads to server performance issues and may cause a disruption to our systems or other customers. Use of any scripts or processes that may adversely impact our systems is prohibited.

    No Adult Content – You may not use the Services to distribute pornography or other adult-related content or offer any escort services.

    No Storage of Backups – Backing up personal data to a hosting account is prohibited. Our Services are designed to host your website, not serve as a data repository. We reserve the right to remove backups from your hosting account.

2. Zero Tolerance Spam Policy

    You may not use the Services to send spam or bulk unsolicited messages.   We maintain a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).

    “Safe lists,” purchased lists, and selling of lists will be treated as SPAM. We may terminate the account of any User who sends out SPAM with or without notice.

    Websites advertised via SPAM (i.e. Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may use our Services. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

    Please familiarize yourself with the CAN-SPAM Act.  Information about the CAN-SPAM Act may be found by accessing the following link: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

3. Defamation and Objectionable Content

        We value the freedom of expression and encourages Users to be respectful with the content they post.  As a webhost, we are not a publisher of User content and generally not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored.   Accordingly, we generally require a court order from a court of competent jurisdiction, as determined by the Company in its sole discretion, to take down alleged defamatory or objectionable content.  However, we reserve the right to disable or remove any content to prevent harm to others or to the Company, as determined in our sole discretion.

4. Enforcement

    Resellers.

        If there is a violation of this AUP by a User of a Reseller, we will suspend the account in question and notify the Reseller so that the Reseller can address the matter with the User. The occurrence of additional violations on a User account may result in the immediate suspensions or termination of your Reseller account.

    Direct customers.

        Your Services may be terminated with or without notice upon any violation of this AUP.

    If applicable, violations will be reported to the appropriate law enforcement agency.

    A failure to respond to an email from our compliance team within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services.

    We reserve the right to enforce, or not enforce, this AUP in our sole discretion.

5. Reporting violations of this AUP. If you feel you have discovered a violation of our AUP, please complete the REPORT ABUSE FORM, or email us at abuse@nvcyberspace.com.

6. Grievance Officer. You may choose to contact the Grievance Officer by emailing grievance-officer@bnvcyberspace.com.