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Terms of Service

Acceptable Use Policy

This Acceptable Use Policy (“AUP”) is incorporated by reference in Your Master Subscription Agreement, including any supplemental terms (collectively the “Agreement”) with Acenda. Capitalized terms used in this AUP shall have the meaning given in the Agreement. Your use of the Services may be suspended or terminated for violation of this AUP in accordance with the Agreement.

1. Abuse

You may not use Our network or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

  • Use of an internet account or computer without the owner's authorization;
  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
  • Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
  • Collecting or using information without the consent of the owner of the information;
  • Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
  • Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
  • Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft's "ad/remove" tool); or
  • Any conduct that is likely to result in retaliation against Our network or website, or Our employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
  • Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
  • Interference with service to others including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

2. Excessive Use of System Resources

You may not use any shared system provided by Us in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, We may prohibit the automated or scripted use of e-mail Services if it has a negative impact on the mail system. You agree that We may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers' data that is stored on the same system.

3. Mail Requirements

You must comply with the CAN-SPAM Act and any other laws and regulations applicable to bulk or commercial email. In addition, Your bulk and commercial email must meet the following requirements:

  • Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
  • Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
  • You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor the recipient's and Our requests to produce consent evidence within 72 hours of receipt of the request;
  • You have procedures in place that allow a recipient to revoke their consent — such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line; You honor revocations of consent within 48 hours, and You notify recipients that the revocation of their consent will be implemented in 48 hours;
  • You must post an email address for complaints (such as [email protected]) in a conspicuous place on any website associated with the email and You must promptly respond to messages sent to that address;
  • You must have a Privacy Policy posted for each domain associated with the mailing;
  • You have the means to track anonymous complaints;
  • You must not obscure the source of Your e-mail in any manner. Your e-mail must include the recipient's e-mail address in the body of the message or in the "TO" line of the e-mail;
  • You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days;

These policies apply to messages sent using the Services, or to messages sent from any network by You or any person on Your behalf that directly or indirectly refer the recipient to a site hosted via the Services. In addition, You may not use a third party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists created by third parties to the same extent as if You created the list.

4. Vulnerability Testing

You may not attempt to probe, scan, penetrate or test the vulnerability of Our system or network, or to breach the Our security or authentication measures, whether by passive or intrusive techniques, without the Our express written consent.

5. Offensive Content

You may not publish, transmit or store on or via Our network or equipment any content or links to any content that the We reasonably believes:

  • Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
  • is excessively violent, incites violence, threatens violence or contains harassing content or hate speech;
  • is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • is defamatory or violates a person’s privacy;
  • creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security or interferes with a investigation by law enforcement;
  • improperly exposes trade secrets or other confidential or proprietary information of another person;
  • is intended to assist others in defeating technical copyright protections;
  • infringes on another person’s copyright, trade or service mark, patent or other property right;
  • promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking;
  • is otherwise illegal or solicits conduct that is illegal under laws applicable to You or to Us; or
  • is otherwise malicious, fraudulent or may result in retaliation against Us by offended viewers.

6. Copyrighted Material

You may not use Our network or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image or other work protected by copyright law unless:

  • You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
  • You are otherwise permitted by established copyright law to copy the work in that manner.

It is Our policy to terminate the services of customers who are repeat infringers.

7. Other

  • You must have valid and current information on file with Your domain name registrar for any domain hosted on Our network.
  • You may only use IP addresses assigned to you by Us in connection with Our services.
  • You agree that if the IP numbers assigned to Your account are listed on an abuse database like Spamhaus, You will be in violation of this AUP, and We may take reasonable action to protect its IP addresses, including suspension and/or termination of Your Service, regardless of whether the IP addresses were listed as a result of Your actions;
  • You may not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services.

8. SLA

No credit will be available under the Service Level Agreement(s) for interruptions of Service resulting from any AUP violation.

Civil Subpoena Policy

Our Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on Us or one of Our affiliates.

If You seek the identity or account information of an Acenda customer in connection with a civil legal matter, You must email, fax, mail, or serve Us with a valid subpoena.

Submission of Subpoenas

We are headquartered in San Diego, California and all criminal subpoenas should be served at that location or mailed to:

8400 Miramar Road, Suite 290, San Diego, CA 92126

Alternatively, the criminal subpoena can be faxed to:

(858) 549-9493
Or emailed to:
support [at] acenda.com

Notice to Customer and Response Time

Upon the receipt of a valid civil subpoena, We will promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency in our sole determination, We will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court. We reserve the right to charge an administration fee to the customer by charging the Payment Method the customer has on file with Us.

Fees for Subpoena Compliance

We will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Acenda invoice. Checks should be made out to Acenda.

Our subpoena compliance costs are as follows:

  • Research - $75.00/hour
  • Federal Express - Cost as Billed
  • Copies - $.25/page

Policies Regarding E-mail

Our email servers are located in the United States. We will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. Our e-mail servers do not retain deleted or sent e-mail.

We reserve the right to request a copy of the complaint and any supporting documentation that demonstrates how the e-mail address is related to the pending litigation and the underlying subpoena.

Criminal Subpoena Policy

Our Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on Us or one of Our affiliates.

If You seek the identity or account information of a customer in connection with a criminal matter, and You are a member of the law enforcement community, you must email, fax, mail, or serve Us with a valid subpoena.

Submission of Subpoenas

We are headquartered in San Diego, California and all criminal subpoenas should be served at that location or mailed to:

8400 Miramar Road, Suite 290, San Diego, CA 92126
Alternatively, the criminal subpoena can be faxed to:

(858) 549-9493
Or emailed to:
support [at] acenda.com

Policies Regarding Email

We will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. Our e-mail servers do not retain deleted or sent e-mail.

We reserve the right to request a copy of the complaint and any supporting documentation that demonstrates how the e-mail address is related to the pending investigation and the underlying subpoena.

Privacy Policy and Statement

This Privacy Policy is incorporated by reference in Your Master Subscription Agreement, including any supplemental terms (collectively the “Agreement”) with Acenda. Capitalized terms used in this Privacy Policy shall have the meaning given in the Agreement.

A. Applicable Law

Acenda is headquartered in the State of California in the United States, and Acenda’s Website is hosted on servers located in the United States. Accordingly, Acenda and the Website are subject only to the laws of the United States, the State of California and other states in the United States in which authorized users of the Website reside. If you reside in a country outside of the United States and that country’s law has a requirement that (i) is not required by the laws of the United States, and (ii) is not being met by the operation of Acenda’s Website, then you may not use the Website.

B. Children Under Age 13

Acenda’s Website is not intended to be used by children under 13 years of age. Consequently, children under 13 years of age are not permitted to provide any information about themselves to Acenda or obtain any products or services offered by Acenda on or through Acenda’s Website. Parents, legal guardians and other adults and minors over 13 years of age who are users of Acenda’sWebsite should take precautions to insure that children under 13 years of age are not permitted to have access to, or use, Acenda’s Website, without your knowledge. Acenda does not knowingly collect any information from children under 13 years of age. If you discover that a child of yours or anyone else’s under 13 years of age has provided Acenda with any personal information, please inform us at supportacenda.com.

C. Collection, Use and Disclosure of Information

1. Personally Identifiable Information

“Personally Identifiable Information” means the same as that phrase is defined in California Business & Professions Code § 22577(a), which currently provides as follows: “individually identifiable information about an individual consumer [i.e. Website user] collected online by the operator from that individual and maintained by the operator in an accessible form, including the following:

(1) A first and last name.
(2) A home or other physical address, including street name and name of a city or town.
(3) An e-mail address.
(4) A telephone number.
(5) A social security number.
(6) Any other identifier that permits the physical or online contacting of a specific individual.
(7) Information concerning a user that the website or online service collects online from the user and maintains in personally identifiable form in combination with an identifier described in this subdivision.”

2. “Non-Personally Identifiable Information”

“Non-personally identifiable information” is information that, without the aid of additional information, cannot be directly associated with a specific person.

3. Information You Provide Us

In connection with registering for the Website, obtaining products and services from or through the Website and/or using the Website, we may ask you for, and you may provide to us, Personally Identifiable Information that may include one or more of the non-exclusive list of categories of information as follows:

(1) First, middle and last name;
(2) Street address, city, state, country, postal code;
(3) Telephone number(s) including cell phone numbers;
(4) E-mail address;
(5) Date of birth;
(6) Gender, race, ethnicity and/or country of origin;
(7) Native language;
(8) Current employment;
(9) Debit card number, credit card number, financial institution account number, online payment service identifying information, and other financial information; and
(10) Information regarding your personal interests.

4. Information Collected Automatically

We collect 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. Because We have customers all over the world, We also maintain a Safe Harbor Privacy Policy for Our European Union Customers that can be found here.

We gather 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 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). One example of this is a “web cookie.” A web cookie is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query (initiates a contact) with the website. The web cookie may contain the type of information described above and/or may contain information about the user’s prior visits to the Website, products or services purchased, and/or one or more categories of Personally Identifiable Information. Another example is a “web beacon,” which is an object embedded in a web page that allows website operators to check whether a user has viewed a particular web page. Examples of automatically collected information to recognize you as a return user and to personalize your user experience. Examples of categories of such automatically collected information include, but not limited to, the following:

(i) Internet Protocol (IP) address and location relating to IP address, if available;
(ii) Domain type, browser version and service provider;
(ii) Operating system and Internet browser type;
(iii) Website pages viewed by the user right before arriving at, while navigating and immediately after leaving the Website;
(iv) Data collection date and time;
(v) Connection speed;
(vi) Language settings; and
(vii) Domain.

5. Purposes of Collection, Use and Disclosure of Personally Identifiable Information

Any Personally Identifiable Information You provide to Us at this site when You establish or update an account, purchase credits online or request information (e.g.. name, address, e-mail address, telephone number, credit card information and other forms of information as described above), is maintained in private files on Our secure web server and Our internal systems. This information is used to enable Us to deliver services to You. We may use your Personally Identifiable Information for purposes that include, but are not limited to, the following:

(a) To understand your expectation for and optimize your experience with Acenda’s Website;
(b) To provide products or services;
(c) For our internal marketing purposes, which includes, but is not limited to, providing information about products or services;
(d) To deliver communications by email, text message or otherwise including, but not limited to, administrative messages, services scheduling, newsletters, surveys, service and event information, product information and/or promotions;
(e)To analyze how Acenda’s Website (and products and services offered on or through the Website) are being accessed and/or used;
(f) To operate, provide, maintain and improve the performance and utility of the Website and the products and services offered on or through the Website;
(g) To recruit and make decisions on hiring employees;
(h) To maintain as business records;
(i) To obtain payment for products and services provided by Acenda;
(j)To reduce credit risk and protect against credit fraud and/or identity theft;
(k) To provide information to assist third party advertisers and/or providers of products and services to provide advertisements and promotional information about products or services that may be of interest to you, but only if you consent in advance to such disclosure; and/or
(l) As may be required by legal, regulatory, governmental, insurance, audit and/or security requirements applicable to Acenda, including, but not limited to in response to a lawfully issued subpoena and/or court order.

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.

To ensure compliance with federal law, We do not maintain information provided by children under the age of 16.

We do not sell, rent or trade Your e-mail address to third parties. We may, however, use third parties to help us provide services and marketing 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.

D. Policy of Not Disclosing Personally Identifiable Information to Third Parties for Third Parties’ Direct Marketing Purposes

We will not disclose your Personally Identifiable Information to any third parties for the third parties’ direct marketing purposes unless you first affirmatively agree to that disclosure.

E. Right of Users to Opt Out of Disclosure of Personally Identifiable Information to Third Parties

You may opt out of our disclosure of your Personally Identifiable Information at any time, subject to any existing contractual, legal and/or technical obligations or restrictions on the part of Acenda and provided that you give Acenda reasonable notice. The right to opt out does not apply to certain disclosures, such as, for purposes of example and without limitation, maintenance of business and transaction records and disclosures to government entities as required by law. Exercising the right to opt out may result in the inability of Acenda to provide products or services to you. You may exercise this opt out right by e-mailing us at supportacenda.com. Users who do not wish to have web cookies placed on their computers may have the ability to set their internet browsers to delete cookies and/or to refuse to accept cookies. However, if web cookies are refused or deleted, certain features of the Website and/or the services provided may not function properly.

F. Right to Review and Request Changes to Personally Identifiable Information

You have the right to review, edit and delete Personally Identifiable Information that you have provided to Acenda at any time, subject to the limitations in the prior section regarding opting out. If you need assistance in doing this on the Website and are unable to determine how from following the instructions on the Website, or if you wish to get access to the Personally Identifiable Information that Acenda has about you, please e-mail us at supportacenda.com. Exercising the right to opt out may result in the inability of Acenda to provide products or services to you.

G. Use of Forums / Discussion Boards

None of the information contained on Our web site is medical, legal, business, or other advice. Any opinion expressed is that of its author. Users are reminded that postings may be 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. We assume no responsibility for the content or consequences, direct or indirect, of communications by users.

H. Links

For your convenience, Our web site may contain links to other sites. We are not responsible for the privacy practices or the content of such web sites.

I. Security Measures

Acenda will take commercially reasonable steps to secure and store your Personally Identifiable Information. Acenda uses industry standard security measures in connection with online payment transactions. Unfortunately, it is impossible to keep any information transmitted over the Internet completely secure, and Acenda provides no warranty or guaranty against the unauthorized interception, discovery, loss, misuse, alteration or theft of your Personally Identifiable Information.

J. Privacy Policy Changes

Acenda may, in its sole discretion, change this Privacy Policy from time to time. Acenda provides notice to users of or visitors to Acenda’s Website of material changes to the Privacy Policy by updating the Effective Date as set forth below. Whenever you use the Website, the version of this Privacy Policy in effect at that time will apply. Accordingly, each time you use the Website, you should check the Privacy Policy’s Effective Date, and if you have not visited the Website since then, you should review the revised Privacy Policy and review any changes that have been made since you last visited the Website. If you have any questions, comments or concerns about this Privacy Policy, or if you want to know any changes that have been made to it since the last time you visited the Website, please e-mail us at supportacenda.com.

K. Your Consent

By using and/or visiting the Website, you consent to the collection, use and disclosure of your Personally Identifiable Information and all other information as described in this Privacy Policy.

L. Effective Date

The Effective Date of this Acenda Policy is January 1, 2014.

Transfer Policy

This Transfer Policy is incorporated by reference in Your Master Subscription Agreement, including any supplemental terms (collectively the “Agreement”) with Acenda. Capitalized terms used in this Transfer Policy shall have the meaning given in the Agreement.

We will only provide access to an account to the designated Owner or Point of Contact of that account regardless of whether someone else maintains, pays for or otherwise administers the account. The "Owner" of the account is the person or entity whose name was used to set up the account. Only the Owner will be authorized to transfer the ownership of the store or other Services. We are not a court of law and will not arbitrate or adjudicate disputes between potential Owners. If there is a dispute of the named Owner's right to the store or Services, We will comply with any court order or settlement agreement.

1. Transfer

To transfer ownership of one of Your store orders, we will need a signed, notarized copy of the Transfer of Ownership form. As an alternative, You may send a faxed copy of a notarized contract or sales agreement signed by both current and new account holders as long as it specifically mentions the online store account as part of the sales agreement. Once completed, please fax the form to (858) 549-9493, marked to the attention of Account Services.

Then the new owner must visit Our website and purchase a separate store order. In the comments section of the form, write, "Ownership transfer request; please mirror www._______.com". If the new owner intends to use the domain name configured on the original account, We will have to cancel the original account so that We can set up the new account. If the new Owner intends to use a new domain name, We will keep the original account active and perform the mirror, in which case you would need to fill out the online cancellation form for Your account once the data has been copied for the new Owner.

2. Limitations.

Please note that an existing SSL certificate cannot be transferred from the existing account to the new account. A new one will need to be added to the new order, or purchased separately later. Please be sure that the domain registration's WHOIS information matches the new order details. Note that the store will only be accessible at its new temporary address for up to 72 hours while the updated settings propagate.

If You have Our Merchant Services, You will not be able to transfer ownership of that account to the new Owner. The new Owner may sign up for one. The original merchant service account will have to be manually canceled.

In addition, email cannot be transferred along with store data. We recommend that You locally archive any sensitive email data prior to requesting transfer. If You have questions about how to do so, please contact Technical Support.

3. Administrative Updates.

Please note that once the new Owner places a store order, We recommend that You place Your store in maintenance mode and refrain from any administrative updates, as new data added during or after the copying procedure may fail to appear in new owner's store, and/or may cause duplication of database record ID#s. This will also prevent customers from placing orders which might be affected by the data copying. Since PCI guidelines prevent us from copying full credit card data, any order which is not captured prior to copying cannot be captured from the new, copied Acenda store.

Uniform Domain Name Dispute Resolution Policy

This Uniform Domain Name Dispute Resolution Policy (“UDRP”) is incorporated by reference in Your Master Subscription Agreement, including any supplemental terms (collectively the “Agreement”) with Acenda. Unless otherwise defined, capitalized terms used in this UDRP shall have the meaning given in the Agreement. Your use of the Services may be suspended or terminated for violation of this UDRP in accordance with the Agreement.

The UDRP is a policy required and maintained by ICANN. The most recent version can be found at http://www.icann.org/en/udrp/#udrp and is incorporated herein.

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