PRIVACY POLICY

Wrklōdz is committed to protecting any data that we collect concerning you. By using our services you agree to the use of the data that we collect in accordance with this Privacy Policy. Additionally, we are firmly committed to the principles of the EU-US and US-Swiss programs setup by United States Department of Commerce, the European Union (EU), and Switzerland.


We are committed to protecting your privacy

We collect the minimum amount of information about you that is commensurate with providing you with a satisfactory service. This Policy indicates the type of processes that may result in data being collected about you. The purpose of this Privacy Policy is to enable you to understand which personal identifying information ("PII", "Personal Information") of yours is collected, how and when we might use your information, who has access to this information, and how you can correct any inaccuracies in the information. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.

Information Collected

We may collect any or all of the information that we require via both automated means such as communications profiles and cookies. Personal Information you give us depends on the type of service, support, or sale inquiry, and may include your name, address, telephone number, fax number and email address, dates of service provided, types of service provided, payment history, manner of payment, amount of payments, date of payments, domain name, credit card or other payment information. The financial information will only be used to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider.

Information Use

This information is used for billing and to provide service and support to our customers. We may also study this information to determine our customers needs and provide support for our customers. All reasonable precautions are taken to prevent unauthorized access to this information. This safeguard may require you to provide additional forms of identity should you wish to obtain information about your account details.

Log Files

We use IP addresses to analyze trends, administer our site and servers, track access, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. It is possible that personal information about a customer may be included in the log files due to the normal functions of IP addresses and Web browsing.

Cookies

Your Internet browser has the in-built facility for storing small text files - "cookies" - that hold information which allows a website to recognize your account. We use cookies to save your preferences and login information, and provide personalized functionality. You can reject cookies by changing your browser settings, but be aware that this will disable some of the functionality on the Wrklōdz website.

Disclosing Information

We do not disclose any personal information obtained about you from this website to third parties. This does not apply to affiliates that provide services to you based on links provided within any third party hosting control panel, wherein information will be shared to facilitate your use of additional amenities included with your hosting account.

We may use personal information to keep in contact with you and inform you of developments associated with our business. We may also disclose aggregate, anonymous data based on information collected from users to potential partners, our affiliates, and reputable third parties.

Correcting/Updating Personal Information

If a customer's personally identifiable information changes, or if a customer no longer desires our services, we will endeavor to provide a way to correct, update or remove that customer's personal data in our records. In most cases, this can be achieved via our account management panel. Otherwise, please contact us at service@wrklodz.com.

Opt Out & Modifications

By default, customers do receive any voluntary system updates, such as newsletters, invoices, and mailings. Any customer who voluntarily receives these updates may unsubscribe at any time. Customers may not opt out of possibly receiving important system notifications, in the rare event that such notification would be necessary.

Security

Wrklōdz uses technical security measures to prevent the loss, misuse, alteration or unauthorized disclosure of information under our control. Wrklōdz uses security measures including and not limited to: physical, electronic and managerial procedures to safeguard and secure the information we collect online. When we ask customers or users to provide financial information (such as a credit card number) that data is protected using Secure Sockets Layer ("SSL") technology.

Data and Information Submitted to Another Person or Entity on Our Network

As mentioned above, Wrklōdz collects certain data and confidential information from customers relating to our web site hosting and domain registration services, and this Privacy Policy applies only to that data and confidential information submitted to us. This Privacy Policy does not apply to data or confidential information that is submitted to another person or entity for whom Wrklōdz may provide hosting or domain name registration services, but regarding which we exercise no authority or control. An independent evaluation of that person or entity's own privacy policy should be made before submitting data or confidential information to them.

Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials to enforce and comply with the law. We will disclose any information about Users upon valid request by government or law officials as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect your property and rights, or the property and rights of a third party, to protect the safety of the public or any person, or stop activity we consider illegal or unethical.

Changes to this Policy

Any changes to our Privacy Policy will be placed here and will supersede this version of our Policy. We will take reasonable steps to draw your attention to any changes in our Policy. However, to be on the safe side, we suggest that you read this document each time you use the website to ensure that it still meets with your approval.

Enforcement and Dispute Resolution

Wrklōdz as established internal mechanisms to verify its ongoing adherence to its privacy policy, including the Safe Harbor Principles. Wrklōdz also encourages individuals covered by this privacy policy to raise any concerns about our processing of personal information by contacting Wrklōdz at the address below.

1201 N. Market Street Suite 201
Wilmington, DE 19801

Wrklōdz will seek to resolve any concerns. Wrklōdz has also agreed to participate in the dispute resolution program provided by the European Data Protection Authorities.

 

Acceptable Use Policy

You agree not to use the Services to:

- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- administer IRC;
- provide web proxying or other anonymizing services to hide the origin of network traffic;
- harm minors in any way;
- impersonate any person or entity;
- "stalk" or otherwise harass another person;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes;"
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.

Zero Tolerance Policy for Unsolicited E-mail/Black Listing

"Unsolicited E-mail Complaint" is an occurrence of a third-party complaint regarding a specific E-mail communication message sent by You.

Black Listing: "IP Black Listing" is an occurrence when a third party black listing service determines that a Wrklōdz issued IP address is a frequent source of Unsolicited E-mail. Black Listings result in the IP address (or multiple IP addresses in the same "IP range") being unable to send E-mail to certain third parties.

The following portion of this Agreement is intended to comply with the United States CAN-SPAM Act (the "Act".) The Act states that commercial E-mail must be solicited, an effective, visible and clearly defined un-subscription process be in place, that every E-mail message sent be sent from a valid address, without any form of IP or source spoofing, that every E-mail message sent contain the physical contact information of the sender, that every recipient of such E-mail messages has requested to receive such E-mails and that the messages and method in which they were sent comply with the other provisions of the United States CAN-SPAM Act.

Zero Tolerance for Black Listing: Wrklōdz has a Zero Tolerance policy regarding Black Listings and considers any attempt to send Unsolicited E-mail Messages or other forms of Spam E-mail (including "Spamvertising" other websites or services or products) to be violations of this Agreement. If an IP address assigned to You is found to be Black Listed, Wrklōdz reserves the right to discontinue your services immediately with or without warning.

Furthermore Wrklōdz will levy a Black Listing processing fee of $100 for the first instance of IP Black Listing and $200 for the second instance of IP Black Listing (collectively, the "Penalties".) If your service is terminated under the Unsolicited E-mail Policy then you forfeit all fees paid, including pre-paid fees and unused time. All fees paid become non-refundable. Further, account termination does not absolve or nullify Penalty payments you may owe to Wrklōdz. Further, you may accumulate additional Penalties based on complaints received after your termination. This section of the Agreement will survive for a period of one year after this agreement is terminated.

Wrklōdz will not issue partial refunds or credits as a result of Policy violation termination.

Disclaimer of Warranties

You acknowledge and agree that Wrklōdz exercises no control over, and accepts no responsibility for, the content of the information passing through the host computers, network hubs and points of presence or the Internet. NEITHER Wrklōdz, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT Wrklōdz PROVIDES. NEITHER Wrklōdz, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Wrklōdz IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CLIENTELE VIA THE SERVICES PROVIDED BY Wrklōdz.

Indemnification

You agree to indemnify, hold harmless, and defend Wrklōdz and all directors, officers, employees, and agents of Wrklōdz from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) arising out of or relating to the use of the Services by You, including any violation of the Acceptable Use Policy set forth in this Agreement. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.

Limitation of Liability

IN NO EVENT SHALL Wrklōdz BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF Wrklōdz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Wrklōdz's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by You for the Services during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

Wrklōdz's Utilization of Third Party Services

Wrklōdz reserves the right, and You agree to pay for, services of third party entities hired by Wrklōdz in its discretion to assist Wrklōdz in providing the Services to you. Fees for the services of third parties retained by Wrklōdz will be charged to You in the invoice covering the period during which the third party services were utilized by Wrklōdz.

Force Majeure

Wrklōdz shall not be liable for failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

Intellectual Property

You represent and warrant that Your use of the Services shall not infringe the intellectual property or other proprietary rights of Wrklōdz or any third party. You further acknowledge that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of Wrklōdz is owned by Wrklōdz and/or its licensors. Unless otherwise specifically provided in this Agreement, You shall have no right, title, claims or interest in or to Wrklōdz's intellectual property.

You shall not copy, modify or translate any Wrklōdz intellectual property or related documentation, or decompile, disassemble or reverse engineer same, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, You are not authorized to distribute or to authorize others to distribute Wrklōdz intellectual property in any manner without the prior written consent of Wrklōdz.

Wrklōdz respects the intellectual property of others, and we ask You to do the same. Wrklōdz may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.

Governing Law and Forum Selection

This Agreement shall be interpreted and construed according to, and governed by, the laws of the State of Delaware. The Circuit Court of New Castle County, Delaware shall have exclusive jurisdiction to hear any dispute under this Agreement, or, if such court is without subject matter jurisdiction, the United States District Court for the District of Delaware shall have exclusive jurisdiction.

Waiver and Modification

Except as otherwise provided herein, this Agreement may not be amended except through a writing executed by the parties. Any failure or delay in exercising any right, remedy, or power under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

Assignment and Severability

This Agreement shall be binding upon and inure to the benefit of You, Wrklōdz and their respective successors, and assigns. You may not assign this Agreement without the prior written consent of Wrklōdz, which consent will not be unreasonably withheld. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

Additional Incorporated Agreements

Additional amendments to the Agreements, when noted, are amendments to this Agreement and are to be incorporated into it. Examples include terms and conditions for promotional offers and other additional terms and conditions.

Wrklōdz reserves the right to modify this agreement as needed without notice, and You agree that by creating, using, or otherwise engaging in business with Wrklōdz, that You have fully read, fully understand and agree to these Terms and Conditions. You understand that the Terms and Conditions in the Agreement are legally binding and that you are authorized to enter into such agreements on behalf of Your organization or Yourself.