What Personally Identifiable Information is Collected From Me
How Does Zilladog.com Use the Information Collected
When we capture such information about your session or about you, we may use it for research or to improve our site and the services we offer you, check the user's qualifications for registration, or to bill the user for products or services. We will ask you if you want us to use the information you provide to continue contact with you either via email or postal mail (for example, to send you information or special offers, or for other marketing purposes). A cookie is a small file containing personal information which is placed on your hard drive for record-keeping purposes. Only that information which you provide is included in the cookie, and cookies cannot take any additional information from your hard drive.
Who Is Collecting My Information and With Whom Is It Shared
When you are at the Zilladog.com site or using the Zilladog.com services, and are asked for personal information, you are sharing that information only with Zilladog.com and its customary business partners unless otherwise specifically stated. For example, if you are ordering an upgrade through the Zilladog.com site, we will be sharing your shipping address with our manufacturing and shipping partners to ensure the package is delivered to you, and we will be sharing your credit card number with other financial partners to affect payment. This is to enable the transaction to take place. In some cases, we may offer a service or promotion in conjunction with another company, and collect information that will be shared by both companies. If data will be shared in that manner, you will be notified prior to the time of data collection or transfer. If you do not wish to have your data shared, you can simply opt not to use such service or participate in such promotion. Occasionally Zilladog.com may selectively provide certain personal information (other than credit card numbers or bank account information) to other companies or organizations that have products or services we think may interest you. If you do not wish to have your data shared in this manner, you may indicate such preference when you provide the personal information to Zilladog.com.
What Options Do I Have Regarding the Collection, Use and Distribution of My Personal Information
If you provide us with your e-mail or postal address, or have done so in the past, we may use it to send you updates on the latest Zilladog.com products and promotions. We may use information you have given to us, for example, to measure consumer interest in our various products, or to inform you about new products and services. These offers may be based on information you provided in your initial transaction with us or in surveys. Zilladog.com provides customers with an easy means to decline to receive such e-mail offers. All e-mail offers that you receive from Zilladog.com will tell you how to decline further e-mail offers. From time to time, we may also ask if you want us to share your personal information with other companies that offer related services. If you do not want Zilladog.com or other companies to contact you, you can choose to not have such information shared and Zilladog.com will respect your wishes. We will notify you at the time of data collection or transfer if your data may be shared with a third party and you will be provided the option of either requesting that we not transfer your personal information or not participating in the particular promotion. What Kind of Security Precautions Are In Place to Protect the Loss, Misuse or Alteration of My Personal Information: Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Zilladog.com cannot ensure or warrant the security of any information you transmit to us or from our on-line products or services, and you do so at your own risk. Once we receive your information, we make all commercially reasonable efforts to ensure its security on our systems.
Use of the Zilladog.com Web Site by Children
Zilladog.com products, ad campaigns and marketing materials are made to be viewed by children. Zilladog.com encourages parents and guardians to spend time on-line with their children and to participate in the interactive activities offered on the sites their children visit. Zilladog does send newsletters to its ZillaMail subscribers on a regular basis. All content in the newsletters are made to be viewed by children. Zilladog.com provides customers with an easy means to decline to receive such e-mail offers. All e-mail offers that you receive from Zilladog.com will tell you how to decline further e-mail offers. No information should be submitted to, or posted at, Zilladog.com' web site by visitors under 18 years of age. Users under 18 are not permitted to register for Zilladog.com' services without their parent or guardian's permission.
Your Acceptance of These Terms
PO Box 3272
Redmond WA 98073
By using the Service, you agree to abide by, and require others using the Service via your account to abide by the terms of this AUP. You should consult this document regularly to ensure that your activities conform to the most recent version. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND NOTIFY THE ZILLADOG.COM CUSTOMER SERVICE DEPARTMENT SO THAT YOUR ACCOUNT MAY BE CLOSED.
- Prohibited Activities. You may not use the Service in a manner that violates any applicable local, state, federal or international law, order or regulation. Additionally, You may not use the Service to:
- Conduct, participate in, or otherwise facilitate pyramid or other illegal soliciting schemes.
- Take part in any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.
- Invade another person's privacy, stalk, harass, or otherwise violate the rights of others.
- Post, transmit, or disseminate content that is threatening, abusive, libelous, slanderous, defamatory, incites hatred, or is otherwise offensive or objectionable.
- Restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the equipment or the Service, including, without limitation, by posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan horse, cancelbot, or other harmful feature.
- Collect or store personal data about other users.
- Violate any other Zilladog.com policy or guideline.
- Harm to Minors. You may not use the Service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, or transmitting material that is unlawful, including child pornography or obscene material.
- Intellectual Property Infringement. You may not use the Service to post, copy, transmit, or disseminate any content that infringes the patents, copyrights, trade secrets, trademark, or propriety rights of any party. Zilladog.com assumes no responsibility, and you assume all risks regarding the determination of whether material is in the public domain, or may otherwise be used by you for such purposes.
- User Content. You are solely responsible for any information that you publish on the web or other Internet services. You must ensure that the recipient of the content is appropriate and must take appropriate precautions to prevent minors from receiving inappropriate content. Zilladog.com reserves the right to refuse to post or to remove any information or materials from the Service, in whole or in part, that it, in Zilladog.com' sole discretion, deems to be offensive, indecent, or otherwise objectionable.
- Commercial Use. The Service is designed for personal use of the Internet and may not be used for commercial purposes. You may not resell or otherwise charge others to use the residential Service. You agree not to use the Service for operation as an Internet service provider, or for any other business enterprise, including, without limitation, virtual private network usage, IP address translation, or similar facilities intended to provide additional access.
- Misuse of Service. You are responsible for any misuse of the Service that occurs through your account. You must therefore take steps to ensure that others do not gain unauthorized access or misuse the Service.
- Hacking/Attempted Unauthorized Access. You may not use the Service to breach or attempt to breach the security of another user or attempt to gain access to any other person's computer, software, or data without the knowledge and consent of such person. The equipment and the Service may not be used in any attempt to circumvent the user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks or computers for any reason. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited.
- Security. You are solely responsible for the security of any device connected to the Service, including any data stored on that device. Zilladog.com recommends that you take appropriate security precautions for any systems connected to the Service.
- Disruption of Service. You may not disrupt the Service in any manner. Nor shall you interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges or attempts to "crash" a host.
- Viruses, Trojan Horses, Worms and Denial of Service Attacks. Software or other content downloaded from the Service may contain viruses and it is your sole responsibility to take appropriate precautions to protect your computer from damage to its software, files and data. You are prohibited from posting, transmitting or disseminating any information or software that contains a virus, Trojan horse, worm or other harmful program or that generates levels of traffic sufficient to impede others' ability to send or retrieve information. Prohibited conduct of this type includes denial of service attacks or similarly disruptive transmissions, as well as transmissions containing other harmful or malicious features.
- Electronic Mail. You may not use the Service to send unsolicited bulk or commercial e-mail messages ("spam"). Any unsolicited e-mail must also not direct the recipient to any web site or other resource that uses the Service. The Service may not be used to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services that violates this Policy or the acceptable use policy of any other Internet service provider. In addition, "mail bombing," the sending of numerous copies of the same or substantially similar messages or very large messages or files with the intent to disrupt a server or account, is prohibited. You may not reference Zilladog.com , Zilladog.com or any portion of the Zilladog.com network (e.g. by including "Organization: Zilladog.com " in the header or by listing an IP address that belongs to the Zilladog.com network) in any unsolicited email even if that email is not sent through the Zilladog.com network. Further, forging, altering or removing electronic mail headers is prohibited.
- Bandwidth, Data Storage and Other Limitations. You must comply with the current bandwidth, data storage and other limitations on the Service. You must ensure that your activities do not improperly restrict, inhibit, or degrade any other user's use of the Service, nor represent (in the sole judgment of Zilladog.com ) an unusually large burden on the network itself. In addition, you must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede Zilladog.com' ability to deliver the Service and monitor the Service, backbone, network nodes, and/or other network services. Zilladog.com may terminate, suspend, or require you to upgrade the Service and pay additional fees if Zilladog.com , in its sole discretion, determines that that you are using excessive bandwidth.
- Conflict. In the event of a conflict between the Subscriber Agreement and this Policy, the terms of the Subscriber Agreement will prevail.
- How to Contact Zilladog.com. For any questions regarding this AUP, complaints of violations, or cancellation notices, please contact Zilladog.com at one of the following:
PO Box 3272
Redmond, WA 98073
This Agreement sets forth the terms and conditions under which Zilladog.com, together with any Zilladog.com affiliate and/or distribution partner , agrees to provide the ZillaMail email account hosting service to you. By completing the registration and using the Service, you (i) agree that your use of the Service is bound by the terms of this Agreement, and (ii) represent and warrant that you are at least 13 years of age or have parental concent. If you do not agree with the foregoing, you may not use the Service. This Agreement takes effect on the date on which you accept this Agreement, and continues until your subscription is terminated.
Zilladog.com reserves the right to modify the terms of this Agreement or prices for the Service and may discontinue or revise any or all other aspects of the Service in its sole discretion at any time by posting changes online. Your continued use of the Service after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement that may have been included in any software or related materials provided by Zilladog.com.
- Your Subscription. Your subscription entitles you to use the Service. Your subscription is personal to you, you agree not to assign, transfer, resell or sublicense your rights as a subscriber unless specifically allowed by this Agreement. You agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach results from your use of the Service or by another using your computer. You agree to contact Zilladog.com immediately upon the occurrence of any change in the status of your account (e.g., change in individuals authorized to use your account) for the purpose of updating your account information. Zilladog.com LLC reserves the right to cancel any subscription without notice. All subscriptions are subject to be cancelled after 6 months of non-use.
- Payment Terms. You agree to pay all fees and installation charges, including applicable franchise fees, taxes, customer service fees, late fees and door collection fees. If payment is not received by the due date, late fees and/or collection charges may be assessed and the Service may be terminated. You may be required to pay a reconnect fee and/or a security deposit in addition to all past due charges before the Service is reconnected.
- Acceptable Use Policy. You agree to use the Services strictly in accordance with the Acceptable Use Policy located at http://www.Zilladog.com/privacy which may be modified by Zilladog.com from time to time, and which is incorporated herein by reference and made a part of this Agreement.
- Posting to Zilladog.com. You are solely responsible and liable for all material that you email, transmit or otherwise make available via the Service. Zilladog.com does not claim ownership of material you email or make available via the Service.
- Links to Third Party Web Sites. In your use of the Service and/or Zilladog.com Web sites, you may encounter various types of links that enable you to visit Web sites operated or owned by third parties. These links are provided to you as a convenience and are not under the control or ownership of Zilladog.com. The inclusion of any link to a Third Party Site is not (i) an endorsement by Zilladog.com of the Third Party Site, (ii) an acknowledgement of any affiliation with its operators or owners, or (iii) a warranty of any type regarding any information or offer on the Third Party Site. Your use of any Third Party Site is governed by the various legal agreements and policies posted at that Web site.
- Monitoring and Removal of Content. Zilladog.com is under no obligation to monitor the Services. However, Zilladog.com reserves the right at all times and without notice to remove, restrict access to, or make unavailable, any content on its servers that it considers, in its sole discretion, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, and to monitor, review, retain and/or disclose any content or other information in Zilladog.com' possession about or related to you, your use of the Services or otherwise as Zilladog.com deems necessary to satisfy any applicable law, regulation, legal process, or governmental request.
- No Spam or Other Unsolicited Bulk E-mail. Zilladog.com may immediately terminate any subscriber account that it determines, in its sole discretion, is transmitting or is otherwise connected with any other unsolicited bulk e-mail. In addition, if actual damages cannot be reasonably calculated, you agree to pay Zilladog.com liquidated damages of five dollars (U.S. $5.00) for each piece of unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise you agree to pay Zilladog.com' actual damages, to the extent such actual damages can be reasonably calculated. Zilladog.com reserves the right to block, reject or remove what it considers in its sole discretion to be unsolicited bulk e-mail from the Service.
- Termination and Surviving Obligations. Either party may terminate this Agreement at any time without cause by providing the other party with no less than twenty-four (24) hours written notice of such termination. In the event of termination by you, you must notify Zilladog.com by a non-electronic written submission. E-mail submissions shall not constitute effective notice. In the event of termination by Zilladog.com, Zilladog.com may notify you of such termination by electronic or other means. In those cases where you elect annual prepayment terms, you agree and understand that the calculation of any refund for unused Service will be based upon the normal rate for the Service and not upon the discounted annual prepayment rate. Zilladog.com reserves the right to terminate any free account that that has been inactive for more than 90 days without notice.
You expressly agree that upon termination of this Agreement: (i) You will pay Zilladog.com in full for your use of any Service up to the later of the effective date of termination of this Agreement or the date on which the Service and has been You agree to pay Zilladog.com on a pro-rated basis for any use by you of any Services for a part of a month. (ii) Zilladog.com is authorized to delete any files, programs, data and e-mail messages associated with such account.
- Disclaimer of Warranties and Limitation of Liability. You expressly agree that Zilladog.com is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another rights including, without limitation, privacy and intellectual property rights. THE SERVICE IS PROVIDED TO YOU WITHOUT WARRANTY OF ANY KIND. NEITHER ZILLADOG.COM, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS. ZILLADOG.COM DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED. ZILLADOG.COM AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE INSTALLATION OR USE, OF THE SERVICE, OR ZILLADOG.COM' PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE; EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE ZILLADOG.COM TECHNICIAN OR CUSTOMER SERVICE REPRESENTATIVE, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR DAMAGES, REGARDLESS OF WHETHER OR NOT ZILLADOG.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ZILLADOG.COM' CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWELVE MONTH PERIOD. YOU HEREBY RELEASE ZILLADOG.COM FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. ZILLADOG.COM IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. Your sole and exclusive remedy under this Agreement are as expressly set forth herein. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.
- Indemnification. You agree to indemnify and hold Zilladog.com , its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on Zilladog.com . Zilladog.com will notify you within a reasonable period of time of any claim for which Zilladog.com seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Zilladog.com' interests, as reasonably determined by Zilladog.com.
- Management of Network. Zilladog.com reserves the right to manage its network for the greatest benefit of the greatest number of subscribers including, without limitation, the following: rate limiting, rejection or removal of unsolicited bulk email, traffic prioritization, and protocol filtering. You expressly accept that such action on the part of Zilladog.com may affect the performance of the Service. Zilladog.com reserves the right to enforce limits on specific features of the Service including, without limitation, e-mail storage maximums.
- Copyright and Trademark Notices. Copyright © 2007 Zilladog.com. All rights reserved. Materials available on Zilladog.com Web sites are protected by copyright law. Zilladog.com is a trademark of Zilladog.com. Zilladog.com and other Zilladog.com services referenced herein are either actual service marks or registered service marks of Zilladog.com. All other trademarks and service marks are the property of their respective owners.
- Governing Law and Jurisdiction. This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of laws provisions. All disputes arising out of or related to this Agreement and the Service must be brought in a federal or state court located in the state of California. You consent to the personal jurisdiction of such courts located in the state of California. You waive all rights to bring any claim, suit or proceeding more than one (1) year after the date the cause of action arose.
- Miscellaneous. This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter and supersedes and replaces any and all prior written or oral agreements. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of its provisions shall remain in full force and effect. Nothing contained in this Agreement shall be construed to limit Zilladog.com's rights and remedies available at law or in equity. Zilladog.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement may not be assigned or transferred by you. This Agreement is freely assignable by Zilladog.com to third parties.
- How to Contact Us. For any questions regarding this Subscriber Agreement, billing or other, please contact Zilladog.com at one of the following:
E-mail: topdog@Zilladog.com U.S. Mail: Zilladog.com
PO Box 3272
Redmond WA 98073