IO Legal Policies, Rules and Regulations and Terms of Service.
Terms of Service
1. GENERAL
This agreement sets forth the terms and conditions that apply to use of io.com, including, without limitation, IO On Demand (collectively, the "Service") by a visitor to io.com ("User"). By using io.com (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use io.com is personal to User and is not transferable to any other person or entity. IO ("IO") shall have the right at any time to change or discontinue any aspect or feature of io.com.
2. CHANGED TERMS
IO shall have the right at any time to change or modify the terms and conditions applicable to User's use of the Service. Such changes shall be effective immediately upon notice thereof, which may be given by posting on io.com. Any use of the Service by User after such notice shall be deemed to constitute acceptance by User of such changes.
3. USER CONDUCT
a. User shall use the Service for lawful purposes only. Any conduct by a User that in IO's discretion restricts or inhibits any other User from using or enjoying the Service is not allowed.
b. User shall not use or permit or facilitate others to use the Service by automated electronic processes, "robots," "spiders," "scrapers," "webcrawlers," or other computer programs that monitor, copy or download data or other content found on or accessed through the service.
c. The Service contains copyrighted material, trademarks and other proprietary information and the entire contents of the Service are copyright protected as a collective work under United States copyright laws. User may not modify, publish, transmit, or create derivative works of or from, or in any way exploit, any of the content found at io.com at any time, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of IO. In the event of any permitted copying, redistribution, retransmission, commercial exploitation or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
d. User is solely responsible for any content User creates, transmits or displays while using the Service and for any consequences of such actions.
e. User represents and warrants that it has the necessary rights and permissions to use and to authorize IO to use the patent, trademark, trade secrets and any other proprietary rights in and to any and all submissions. User further represents and warrants that User shall not submit any material that is unlawful, obscene, defamatory, harassing or otherwise, nor post any advertisements or solicitations.
f. User acknowledges and agrees that IO owns all legal right, title and interest in and to the Service. Nothing herein gives User the right to use any of IO's name, trademarks or logos.
g. User acknowledges and agrees that by submitting, displaying or posting content on the Service, User hereby gives IO a perpetual, irrevocable, royalty free, worldwide license to use, store, distribute, copy, and display any such content on or through the Service for promotional and marketing purposes.
3. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
a. User expressly agrees that use of the Service is at User's sole risk. Neither IO nor its directors, officers, employees or agents warrant that the Service will be uninterrupted or error-free.
b. The Service is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
c. In no event will IO be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Service.
4. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless IO and its affiliates and each of their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Service by User.
5. TERMINATION
Either IO or User may terminate this Agreement at any time.
6. MISCELLANEOUS
a. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws rules. The parties agree to jurisdiction in Maricopa County, Arizona. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. User must file any claim or cause of action arising out of or related to use of the Service or these Terms of Use within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary.
c. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
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Privacy Policy
This is the Website of IO.
Contact Information:
IO
615 N. 48th St.
Phoenix, AZ 85008
866.382.6236
Your privacy and the security of your information are very important to us. This Privacy Policy governs the website(s) operated by IO (collectively, our "Website"). It explains how we collect your information and the choices you have concerning the use and disclosure of such information. Please read this Privacy Policy carefully. Except as agreed upon as part of the Terms of Use or as disclosed in this Privacy Policy, we will not sell, share, license, trade or rent your personal information collected on our Website to others.
We may amend this Privacy Policy from time to time. We will post any changes to this Privacy Policy on our Website. Please refer back to this Privacy Policy on a regular basis. By using our Website, you agree to the terms of this Privacy Policy.
This Privacy Policy applies only to information collected by our Website. We are not responsible for the privacy of the information you reveal, allow access to or post in any public forum.
WHAT INFORMATION WE COLLECT
We collect two types of information: personally identifiable information and non-personally identifiable information. Our service providers also mass aggregates client data as part of its general business practices. This aggregated data is used to identify and analyze trends to improve our systems and to create derivative materials that may be marketed to potential clients and used to service current clients; it does not contain personally identifiable information regarding you.
Personally Identifiable Information
Personally identifiable information is information that identifies you and can be used to identify or contact individuals ("Personally Identifiable Information"). Such Personally Identifiable Information may include name, address, email, telephone number, birth date and other non-public information. If we collect Personally Identifiable Information, except as agreed to under the terms of our contract with you, if applicable, we will not sell, share, license, trade or rent your Personally Identifiable Information other than as specified in this Privacy Policy. When data is aggregated, we remove all personally identifiable information prior to use.
Non-Personally Identifiable Information
We also may collect information that cannot be used to identify or contact you, such as demographic information (such as age, profession, gender or reason for call) and physical information (area of call, general customer type). Non-Personally Identifiable Information may also include user IP address, browser types, domain names and other anonymous statistical data created by aggregating user information collected through the use of our Website. Non-Personally Identifiable Information is used to help us better understand the characteristics of the businesses that may use our services. We use the information collected and aggregated to improve and market our services to you and other businesses. In the event that we link any Non-Personally Identifiable Information with Personally Identifiable Information, we will treat such information as Personally Identifiable Information and only use such information in accordance with this Privacy Policy.
Information from Other Sources
We also may supplement the information we collect with information from other sources to assist us in providing our services. In addition, we may use this supplemental information in evaluating and improving our services and to determine your preferences so that we can tailor our Website and services to your needs. Information obtained from other sources and compiled with your information by us is the sole property of IO.
WHERE AND WHEN IS INFORMATION COLLECTED ON OUR WEBSITE
We may collect information (including Personally Identifiable Information) regarding you in different manners and at different places and times throughout our Website. The following is a description of the areas and/or manners in which we primarily collect information about you.
Becoming a Registered User
We may ask that you complete certain steps to become a registered user of the Website. In such instance, you may be required to provide us with information (including Personally Identifiable Information) such as your personal information or that of your company (e.g. name, business address, email address and information regarding your business).
Cookies and Action Tags
We also may collect Non-Personally Identifiable Information passively using cookies and action tags through our Website. Cookies are small text files that are placed on your computer in order to identify: (i) your Web browser; (ii) the activities of your computer on our Website; and (iii) your activity in connection with our marketing and promotional efforts.
Cookies may be used to: (i) personalize your experience on our Website (e.g. to dynamically generate content on web pages specifically designed for you); (ii) assist you in using our services (e.g. to save you time by not having to reenter your name upon each visit to our Website); and (iii) allow us to statistically monitor how you are using our Website for purposes of improving our offerings.
We may also use cookies to conduct marketing and promotional efforts, tailor certain advertisements to your browser that we think may be of interest to you, or to determine the popularity of certain content.
You do not have to accept cookies to use our Website; however, you may not be able to use certain offerings, features or resources of our Website if you do not accept cookies. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the Help section of the toolbar.
Action tags, also known as web beacons or gif tags, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of our Website or email sent to you on our behalf, may contain cookies that are associated with action tags that are located on our Website. Unlike cookies, action tags are not placed on your computer.
We may select and use different third parties from time to time to track website usage through action tags on our Website and on our advertisements on other websites.
If you do not want to receive email from us in the future, please let us know by sending us an email to or by calling us at 866.676.5901.
If you supply us with your postal address on-line you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailing, please let us know by sending us an email at the email address above or calling us at the phone number above.
Persons who supply us with their telephone numbers on-line may receive telephone contact from us with information regarding new products and services or upcoming events. If you do not wish to receive such telephone calls, please let us know by sending us an email at the email address above or by calling us at the phone number above.
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Acceptable Use Policy
This Acceptable Use Policy (the "Policy"), including the following list of Prohibited Activities, is an integral part of your Agreement with IO or any of its subsidiaries, including, without limitation, Exacent, LLC d/b/a IO On Demand (collectively, "IO"). Please read this Policy carefully -- If you engage in any of the activities prohibited by this Policy document, IO may exercise a variety of legal remedies, including, but not limited to, the suspension or termination of your network access and/or account with IO.
This Policy is designed to help protect IO, IO's customers and the Internet community in general from irresponsible and/or illegal activities. The Policy is a non-exclusive list of the actions prohibited by IO and IO reserves the right to modify the Policy at any time, effective upon posting on our website. IO reserves the sole and absolute right to interpret, apply, define and implement this Policy.
Prohibited Uses of IO systems and services, include the following:
1. Transmission, distribution or storage of any material in violation of any applicable law or regulation. This prohibition includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
2. Sending Unsolicited Bulk Email ("UBE" or "spam"). The sending of any form of UBE through IO's systems is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, landing page, email address or utilizing any IO's resources, is prohibited. IO accounts or services may not be used to solicit customers from, or collect replies to messages sent from, another Internet Service Provider where those messages violate this Policy or the policy or terms of service of another provider.
3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by IO customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy or the policy of any other Internet Service Provider. This prohibition, includes, but is not limited to, the facilitation of the means to send UBE, initiation of pinging, flooding, mail-bombing and denial of service attacks.
5. Operating an account on behalf of, or in connection with, or reselling a service to persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org or accessing networks that appear on commonly used blacklisted networks including, but not limited to, Don't Route or Peer ("DROP") list at www.spamhaus.org. IO reserves the right to restrict or deny access to all such networks.
6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "hacking" and/or "cracking").
7. Obtaining or attempting to obtain service by any means or device with the intent to avoid or reduce payment.
8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any IO customers or end-users by any means or device.
9. Knowingly engaging in any activities designed to harass, harm or cause damage to IO or a third-party, including, but not limited to, denial-of-service (e.g., synchronized number sequence) attacks directed at any other user, whether on the IO network or on another provider's network.
10. Using IO's Services to interfere with the use of the IO's network by other customers or authorized users.
CUSTOMER RESPONSIBILITY FOR CUSTOMER'S USERS
Each IO customer is responsible for the activities of its users and, by accepting service from IO, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an IO customer will be forwarded to the IO customer's postmaster for action. If violations of the Policy occur, IO reserves the right to terminate services with or take action to stop the offending customer from violating IO' Policy as IO deems appropriate, with or without notice.
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Digital Millenium Copyright Act (DMCA)
IO is not responsible for the content on any websites that may be hosted by IO. However, such content may be protected by United States copyright and/or other intellectual property laws. IO will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). IO's response to any such notice may include removing or disabling service of customers who may infringe or terminating such customers service. In the event IO removes, disables or terminates service, IO will make a good faith attempt to contact the affected site or content provider so that they may make a counter notification.
NOTICES OF INFRINGEMENT
Copyright owners or their authorized agents that believe their copyright protected content is being infringed must submit a notification in accordance with the DMCA Notice of Infringement by filing the notice with IO's Copyright Agent with the information set forth below:
1. Identification in sufficient detail of the copyrighted work claimed to have been infringed.
2. Identification in sufficient detail of the material that is claimed to be infringing or to be the subject of infringing activity.
3. Information sufficient to permit IO to locate the material.
4. Information sufficient to permit IO to contact the complaining party, such as address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (For example, "I have a good faith belief that use of the materials described above as allegedly infringing is not authorized by the copyright owner, its agent or the law.")
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (For example, "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner" or "I am the authorized agent acting on behalf of the owner of an exclusive right that is allegedly infringed.")
7. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
8. Send the written communication to the following address:
IO
Attn: Copyright Agent
615 N. 48th St.
Phoenix, AZ 85008
OR Fax to:
(480) 513-8510
Attn: Copyright Agent
OR email to:
The DMCA Notice of Infringement may not be valid if all of the requirements set forth above are not followed. Please note that notification that materially misrepresents that content or activity is infringing copyrights may subject the complaining party to liability for damages (including attorneys' fees and costs).
COUNTER NOTIFICATION
Pursuant to Sections 512(g) (2) and (3) of the DMCA, the provider of the affected site or content may file a counter notification ("Counter Notification"). Upon receipt of a counter notification, IO may reinstate the alleged infringing materials or content. To file a counter notification, the affected provider shall provide a written communication (by regular mail, fax or email) including the items set forth below:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
2. A statement under penalty of perjury that the provider has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. (For example, "I swear, under penalty of perjury, that I have a good faith belief that the content or activity identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.")
3. The providers name, address and telephone number, and a statement that the provider consents to the jurisdiction of the Federal District Court for the judicial district in which the providers address is located (or Maricopa County, Arizona if the address is outside of the United States) and that the provider will accept service of process from the person who provided notification under subsection (c) (1)(C) of the DMCA or an agent of such person.
4. A physical or electronic signature of the provider.
5. Send the written communication to the following address:
IO
Attn: Copyright Agent
615 N. 48th St.
Phoenix, AZ 85008
OR Fax to:
(480) 513-8510
Attn: Copyright Agent
OR email to:
Please note that Counter Notification that materially misrepresents that content or activity is not infringing the copyright of others may subject the provider to liability for damages (including attorney’s fees and costs).
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Rules and Regulations
APPLICABILITY OF RULES AND REGULATIONS
These Rules and Regulations apply to each Customer of Licensor and their respective Representatives, employees, contractors, customers, agents, invitees and users of the Data Center and/or the Related Data Center Services. In addition, Customer's online facilities, and those utilizing such online facilities, are subject to these Rules and Regulations. Licensor reserves the right to apply and enforce the Rules and Regulations so as to maintain the integrity, reliability and legality of the Data Center and the Related Data Center Services.
ACCESS TO DATA CENTER
Only those individuals identified by Customer as its Representatives may access the Customer Area. Customer may not allow any person other than its Representatives to access the Data Center or the Customer Area (i.e. no tag alongs). Licensor reserves the right to deny or restrict access to any Customer or Representative that is in violation of Customers Agreement.
Licensor may always restrict access to the Data Center or the Customer Area in an emergency and/or response to a governmental request.
Customer agrees to adhere at all times to any reasonable security measures which may be established by Licensor with respect to the Data Center, Customer Equipment and all other equipment contained in the Data Center.
Customer acknowledges that Licensor is using closed circuit TV/audio and other surveillance measures.
Customer shall park in the Customer designated parking areas.
USE OF DATA CENTER
Customer, Representatives and Customers invitees shall (a) comply with Law and Licensor's rules and restrictions (including these Rules and Regulations), (b) present and deposit photo identification to the satisfaction of Licensor, (c) respect the property and observe the rights of other customers, and (d) not enter restricted areas.
Customer shall make all installations and repairs which require Licensor's support or supervision only during Licensor's normal business hours (Monday through Friday from 7 am until 4 pm local time) unless otherwise arranged with Licensor.
Customer must keep the Customer Area clean at all times. Customer may not store any paper products, cardboard, boxes or other materials in the Customer Area. All empty boxes, crates and trash will be removed from the site or discarded at the site per Licensor instructions. No flammable materials may be stored in the Data Center.
Customer may not bring, or make use of, any of the following into the Data Center: (a) food or drink, (b) alcohol, illegal drugs or other intoxicants, (c) ignited or previously ignited tobacco products, (d) electro-magnetic devices, (e) explosives or pyrotechnics, (f) radioactive materials, (g) weapons, (h) photographic or recording equipment, (i) chemicals or hazardous materials or (j) any other material reasonably determined by Licensor to be inconsistent with the operation of the Data Center.
Smoking is not permitted at any time in or near the Data Center. Smoking outside of the Data Center shall be in designated areas only.
Children under the age of sixteen (16) are not permitted in the Data Center.
In the event a convenience outlet is provided, Customer shall only use such outlet on a temporary basis and shall not use it for production.
In the event a convenience outlet is provided, Customer shall only use such outlet on a temporary basis and shall not use it for production.
EQUIPMENT AND CONNECTIONS
All Customer Equipment must be certified by Underwriters Laboratories (UL Certified) and comply with local building code and applicable regulations of the Federal Communications Commission.
Customer must follow hot and cold aisle designations when installing Customer Equipment, and otherwise.
Customer Equipment must be configured and run at all times in compliance with the manufacturer's specifications, including electrical load, clearance and weight load requirements.
Licensor makes available, at its Data Center, certain tools and equipment for the temporary use by Customer at the Data Center. This equipment is provided in an "AS IS" condition without any warranties of any kind. Customer may borrow and/or use any Licensor property or equipment, at its own risk, subject to (a) the prior review and approval of Licensor, and (b) any terms of use which Licensor places on such use. Any Licensor tool which Customer fails to return to its designated place shall be billed to Customer at replacement cost.
Customer may not place equipment in the Data Center which is materially damaged, is of disputed title or otherwise subject to dispute.
MISCONDUCT
Customer and its Representatives may not engage in the following activities (Licensor reserves the right to exclude anyone from the facility which violates the following):
Damage, deface, misuse or abuse any property or equipment in the Data Center
Act in a careless or reckless manner or otherwise threaten the orderly operation of the Data Center.
Make unauthorized contact or interference with any property or equipment of Licensor or any other customer of Licensor.
Use fraud, artifice or subterfuge to gain access to any area of the Data Center to which they are not authorized.
Harass, threaten or harm any individual, including Licensor personnel and representatives of other customers of Licensor.
Engage in any activity that is in violation of the Law, or aid others in criminal activity while at the Data Center or in connection with the Related Data Center Services or allow unauthorized access to the Data Center.
MODIFICATION OF RULES AND REGULATIONS
Licensor reserves the right to change these Rules and Regulations at any time, provided that it provides Customer with seven (7) day advance written notice. Customer is responsible for regularly reviewing these Rules and Regulations. The Rules and Regulations are always available in the Data Center or by email request to: . Continued use of the Related Data Center Services following any such changes shall constitute the Customer's acceptance of such changes.
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Fax
602.275.5757
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