Provision Data Services, (PDS hereinafter), respects the privacy and security of its users. Our goal is to provide you with a personalized Internet experience that delivers the information, resources, and services that are most relevant and helpful to you. In order to achieve this goal, we sometimes collect information during your visits to understand what differentiates you from each of our millions of other users.
In order to demonstrate our commitment to your privacy, we have prepared this statement disclosing the privacy practices for the entire PDS site. Additional terms and conditions, if any, regarding the collection and use of your information may also be provided to you before or when you sign up for a particular service. Here, you will learn what personally identifiable information of yours is collected, how and when we might use your information, how we protect your information, who has access to your information, and how you can correct any inaccuracies in the information.
What information is collected?
PDS collects certain information from and about its users in three ways — directly from the user, from our Web server logs, and with cookies.
User-Supplied Information: When you sign up for a service, such as a Newsletter, we may ask you to volunteer your name, e-mail address, zip code and some other personal information. The more accurate the information you volunteer, the better we are able to customize your PDS experience.
Server Log Information: When you visit an Internet Web site, you disclose certain information about yourself, such as your Internet [Protocol] (IP) address, the time of your visit, and, sometimes, the referring location (e.g., the Site or page that offered a link to a PDS page). PDS, like many other sites, records this basic information about visits to its site.
You should remember that whenever you voluntarily disclose personal information online, such as on message boards, through e-mail, discussion groups, or in chat areas, your information can be collected and used by others. Although PDS tries to protect your personal information, PDS cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. You are also solely responsible for maintaining the secrecy of any passwords you set up and/or any account information.
How and When Will Information be used?
We use information in different ways, depending on the type of information:
User-supplied information: This information is used for purposes such as personalization and verification.
Web Server Logs: This information helps us identify which areas of our site are of interest to our visitors. PDS also collects the Internet [Protocol] (IP) addresses of its visitors for the purposes of system administration and to report aggregate information to our advertisers.
Cookies: We use “cookies” to let you use our services more easily and to let us keep track of certain statistical information that helps us improve our site. Cookies allow us to save passwords and preferences for you so that you won’t have to re-enter them the next time you visit.
How Do We Protect Your Information?
The privacy and protection of your personal information is vitally important to us. PDS does not make personal information available to any third parties without your permission. Any user statistics that we may provide to prospective advertisers or partners regarding your PDS usage are provided in the aggregate only and do not include any personally identifiable information about any individual user.
Your access to some services and content is password protected. We recommend that you do not divulge your password to anyone. PDS will never ask you for your password in an unsolicited phone call or in an unsolicited email. You should not disclose your user name and password to others. In addition, if applicable, you should remember to sign out of your PDS account or service at the end of each session. You may also wish to close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, despite our efforts to protect your personal information, PDS cannot ensure or warrant the security of any information you transmit to us, or to or from our online products or services. You transmit all such information at your own risk. However, once we receive your transmission, we make our best effort to ensure its security on our systems.
Who Has Access to the Information?
Except as described below, PDS will not willfully disclose any individually identifiable information about its users to any third party without first receiving that user’s permission. PDS may disclose personal information when we believe in good faith that the law requires it or to protect the rights or property of PDS.
When you are at any PDS site and asked for personal information, you share that information with PDS alone, unless the service is offered in conjunction with another party.
How to Correct Inaccuracies
If you use a PDS service, we may send you a confirmation e-mail confirming your new account and/or service. The message will be sent to the address that you supplied us and will describe ways for you to change or delete the account information provided. Remember to keep the confirmation e-mail as it will also contain information that will help you in case you run into problems accessing our services.
Provision Data Services, LLC (PDS) is at all times committed to complying with the laws and regulations governing use of the Internet, e-mail transmission and text messaging and preserving for all of its Customers the ability to use PDS” network and the Internet without interference or harassment from other users. The PDS AUP (“AUP”) is designed to help achieve these goals.
By using IP Service(s), as defined below, Customer(s) agrees to comply with this Acceptable Use Policy and to remain responsible for its users. PDS reserves the right to change or modify the terms of the AUP at any time, effective when posted on PDS’ web site at www.ProvisionDataServices.com. Customer’s use of the IP Service(s) after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.
Scope of the AUP
The AUP applies to the PDS services that provide (or include) access to the Internet, including hosting services (software applications and hardware), or are provided over the Internet or wireless data networks (collectively “IP Services”).
General Prohibitions: PDS prohibits use of the IP Services in any way that is unlawful, harmful to or interferes with use of PDS” network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy.
Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services that are accessed via a link from the PDS website or from a website that contains PDS content is a violation of this AUP.
Unlawful Activities: IP Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.
Violation of Intellectual Property Rights: IP Service(s) shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of PDS or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
Threatening Material or Content: IP Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those IP Services that utilize PDS provided web hosting, PDS reserves the right to decline to provide such services if the content is determined by PDS to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.
Inappropriate Interaction with Minors: PDS complies with all applicable laws pertaining to the protection of minors, including when appropriate, reporting cases of child exploitation to the National Center for Missing and Exploited Children.
Child Pornography: IP Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to PDS at the following e-mail address: abuse@ProvisionDataServices.com. PDS will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.
Spam/E-mail/Usenet Abuse: Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP.
Spam/E-mail or Usenet abuse is prohibited using IP Services. Examples of Spam/E-mail or Usenet abuse include but are not limited to the following activities:
- sending multiple unsolicited electronic mail messages or “mail-bombing” – to one or more recipient;
- sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
- sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;
- sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
- sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the PDS network or of the networks with which PDS interconnects, by virtue of quantity, size or otherwise;
- using another site’s mail server to relay mail without the express permission of that site;
- using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;
- using IP addresses that the Customer does not have a right to use;
- collecting the responses from unsolicited electronic messages;
- maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
- sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party’s quiet enjoyment of the IP Services or the Internet (e.g., through language, frequency, size or otherwise);
- using distribution lists containing addresses that include those who have opted out;
- sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header;
- falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
- using redirect links in unsolicited commercial e-mail to advertise a website or service;
- posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;
- intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;
- knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
- using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.
Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates.
IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of PDS” (or another party’s) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:
- unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses;
- hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
- impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
- using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;
- distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
- knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another’s computer, network system or other property, or be used to engage in modem or system hi-jacking;
- engaging in the transmission of pirated software;
- with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow Customer’s account to stay logged on while Customer is not actively using the IP Services or using such account for the purpose of operating a server of any type;
- using manual or automated means to avoid any use limitations placed on the IP Services;
- providing guidance, information or assistance with respect to causing damage or security breach to PDS” network or systems, or to the network of any other IP Service provider;
- failure to take reasonable security precautions to help prevent violation(s) of this AUP.
Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the IP Services. PDS has no responsibility for any material created on the PDS” network or accessible using IP Services, including content provided on third-party websites linked to the PDS network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by PDS of the content(s) of such sites.
Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.
AUP Enforcement and Notice
Customer’s failure to observe the guidelines set forth in this AUP may result in PDS taking actions anywhere from a warning to a suspension or termination of Customer’s IP Services. When feasible, PDS may provide Customer with a notice of an AUP violation via e-mail or otherwise allowing the Customer to promptly correct such violation.
PDS reserves the right, however, to act immediately and without notice to suspend or terminate affected IP Services in response to a court order or government notice that certain conduct must be stopped or when PDS reasonably determines, that the conduct may: (1) expose PDS to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of PDS” network or networks with which PDS is interconnected, (3) interfere with another PDS Customer’s use of IP Services or the Internet (4) violate any applicable law, rule or regulation, or (5) otherwise present an imminent risk of harm to PDS or PDS Customers.
PDS has no obligation to monitor content of any materials distributed or accessed using the IP Services. However, PDS may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the PDS network and its customers.
Any complaints (other than claims of copyright or trademark infringement) regarding violation of this AUP by a PDS Customer (or its user) should be directed to abuse@ProvisionDataServices.com. Where possible, include details that would assist PDS in investigating and resolving such complaint (e.g. expanded headers, IP address(s), a copy of the offending transmission and any log files).
Contact Information: Any notification that PDS sends to its Customers pursuant to this AUP will be sent via e-mail to the e-mail address on file with PDS, or may be in writing to Customer’s address of record. It is Customer’s responsibility to promptly notify PDS of any change of contact information.
Effective Date: March 26, 2015
TERMS AND CONDITIONS OF USE OF WEB SITE
THIS AGREEMENT (“AGREEMENT”) IS BETWEEN YOU AND PROVISION DATA SERVICES, LLC. (PDS). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING, BROWSING AND/OR OTHERWISE USING THIS WEB SITE (“SITE”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE BROWSE AND/OR USE THIS SITE.
These terms and conditions of use apply exclusively to your access to and use of this Site and do not alter in anyway the terms and conditions of any other agreement you may have with PDS for products, services or otherwise. Further, if you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
- Copyright. All Site materials, including, without limitation, text, graphics and other files and the selection and arrangement thereof are copyrighted materials of Provision Data Services, LLC. © 2015, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute copy, reproduce, display, republish, download or transmit any material on this Site for commercial use without prior written approval of PDS. You may not “mirror” any material contained on this Site on any other server without prior written permission from PDS, Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
- Trademarks. The trademarks, service marks, trade names and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of PDS and others. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of PDS, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PDS. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of PDS or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of PDS or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other content on the Site, is strictly prohibited. The following are trademarks or service marks of PDS in the United States and other countries:
- Provision Data Services, LLC.
- Hyperlinks. You are granted a limited; nonexclusive right to create a hyper text link to this Site provided such link does not portray PDS or any of its other products or services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any PDS Trademarks, or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without PDS’s express written consent. Links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. PDS has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. PDS does not endorse or make any representations about third party Sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.
- Software. Any software that is made available to download from this Site is the copyrighted work of PDS and/or its suppliers. If you download software from this Site, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement.
THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY YEAR 2000 WARRANTIES AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. PDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. THE MATERIALS OF THIS SITE MAY BE OUT OF DATE, AND PDS MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS SITE. PDS DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. PDS DOES NOT WARRANT THAT THE SITE, SOFTWARE, MATERIALS OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE, SOFTWARE, MATERIALS OR SERVICE WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU AS IT RELATES TO IMPLIED WARRANTIES.
LIMITATION OF LIABILITY
IN NO EVENT WILL PDS, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT OR IN THIS SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES), DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
REVISIONS TO THIS AGREEMENT
PDSmay revise this Agreement at any time without notice by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.
APPLICABLE LAWS & SEVERABILITY
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or relating to this Agreement shall be in an appropriate state or federal court located in the State of Texas, in the county of Dallas.
Should any part of this Agreement be found to be illegal or otherwise unenforceable, PDSand you shall continue to be bound under the remaining terms of this Agreement.