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Privacy Policy for ServePath Products and Services

Effective Date: October 31, 2008

ServePath has created this Privacy Policy to record and explain our commitment to privacy, and as an agreement with our customers and with other third parties about our data-handling.  This policy lists the types of potentially private data ServePath collects, explains how we use and protect that data, and discloses our key procedures surrounding privacy.

This Privacy Policy applies to Internet hosting, collocation, windows media streaming, and on-demand infrastructure hosting services—all provided through our ServePath, ColoServe, and Upstream Networks business units (collectively, the “Service”).  Therefore, references to “ServePath” in this policy should be considered references to those business units.  This Privacy Policy also applies to our websites: www.servepath.com, www.coloserve.com, www.upstreamnetworks.com, and www.utilityserve.com.  (Note that our GoGrid business unit has a separate privacy policy.)

THIS PRIVACY POLICY IS A BINDING AGREEMENT BETWEEN YOU AND SERVEPATH. It forms part of a larger agreement between ServePath and its customers, website visitors, and other users, consisting of the Terms of Service provided at the three websites listed above, as well as the other documents referenced in the Terms of Service. Your use of the Service and of ServePath’s websites is voluntary; if you do not agree with the terms of this Privacy Policy, you should not provide us with any personal information, and you should leave our websites. By using our websites or the Service, you signify that you agree with the terms of this Privacy Policy. We may change this Privacy Policy from time to time by posting a new version here (with a new Effective Date at the top), and the new version will become effective immediately. 

The privacy of ServePath's customers and affiliates is important to us. Therefore:

ServePath does not sell or rent personally identifiable information.

ServePath does not spam, and its policies forbid use of the Service for spam.
(For details, see the Acceptable Use Policy at ServePath’s Websites.)

ServePath policy requires that all company employees sign a confidentiality agreement. 
The confidentiality agreement includes the following affirmation:

I recognize that the Company has received and in the future will receive from third parties their confidential or proprietary information subject to a duty on the Company’s part to maintain the confidentiality of such information and to use it only for certain limited purposes. I agree to hold all such confidential or proprietary information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary in carrying out my work for the Company consistent with the Company’s agreement with such third party.

Data ServePath Collects

A.  ServePath collects and uses data from our customers, and from visitors to our websites (including blogs), as follows:

B.  ServePath also tracks the IP addresses of computers communicating (via e-mail or any other mechanism) with our customers’ systems.  Data described in the preceding sentence may include personally identifiable information, including information belonging to our customers’ own customers and their Website visitors.  ServePath uses this data solely to maintain the security of the Service.

Hosted Data

A.  Through the Service, ServePath provides computing and network infrastructure that hosts customer Websites, Internet communications, and other applications.  As a result, our infrastructure stores and transmits information about customers’ businesses, as well as information collected by those businesses. We refer to all such information that we do not actively collect as “Hosted Data.”  Hosted Data may include personally identifiable information and other information that belongs to our customers’ own customers, Website visitors, or other users. 

B.  ServePath is a passive recipient of Hosted Data: we take no active part in collecting it, and generally we do not access its content.  However, ServePath staff may occasionally access Hosted Data through delivery of services and support to customers.  For instance, staff may come into contact with Hosted Data by verifying back-up and restore processes, by verifying that applications are running properly, or through debugging efforts.

Use of Personally Identifiable Information and Hosted Data

A. ServePath doesn’t share personally identifiable information or Hosted Data under any circumstances, except as provided in paragraph B below and except: (1) to the extent that blog replies or contest sign-ups include personally identifiable information (per the contest’s rules, in the latter case); (2) as requested by law enforcement agencies or required by law; (3) to maintain the security of the Service and of ServePath’s own network and data, including by assisting third party claimants in investigating security breaches; (4) to collect money owed to ServePath, including through legal proceedings; and (5) to identify, contact, or take legal action against customers or third parties violating ServePath’s Acceptable Use Policy, interfering with property rights or with the Service, or breaking the law. ServePath doesn’t access or use Hosted Data except through provision of debugging and related services, as described under “Hosted Data” above, and for the reasons listed in the preceding sentence.

B. ServePath sometimes employs independent contractors to help run the Service, and such contractors may have access to data, similar to the access we give our employees. Also, ServePath stores sales account data, including customer passwords and personally identifiable information, with a third party application service provider. The current provider is SalesForce.com. This third party data storage does not apply to Hosted Data.

Data Protection

A. ServePath takes precautions to ensure that access to databases containing customer information is available only from within ServePath’s internal network or through our sales application service provider, currently SalesForce.com. Further, we typically encrypt financial information during transmission, or use secure protocols. No protocol, encryption, or other precaution can provide complete security for electronic data, so we don’t provide a guarantee of security.

B. ServePath policy requires that all its employees execute a confidentiality agreement which includes the affirmation quoted above. ServePath is under contract with a professional employment organization (“PEO”), and that PEO helps enforce our policy requiring confidentiality agreements. Most contractors also sign a confidentiality agreement, with obligations similar to the employees’. (Customers and other third parties are not beneficiaries of the employee confidentiality agreement, or of ServePath’s agreements with independent contractors or with the PEO, and so have no rights to enforce those contracts.)

C. For information about security of sales account data stored with SalesForce.com, please visit http://www.salesforce.com/.

Changing Account Information

Customers can change their account information. Most customers can do so via their online customer portal. All other customers can access and change account information by contacting their ServePath billing department at billing@servepath.com.

Reporting Misuse of Data

Customers and other third parties should contact ServePath about any suspected misuse of their personally identifiable information or other data.  All such inquiries or complaints should be directed to us via email to abuse@servepath.com.

Not Applicable to Third Party Data Handlers

This Privacy Policy doesn’t address use of data by our customers or by other third parties, even if the data is stored on one of ServePath’s computers or collected through a website we host (Hosted Data), or collected through a website linked to our websites.  ServePath is not responsible for use or misuse of data by any third party, including any ServePath customer or the operator of a website linked to one of our websites.

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