Privacy Policy

Privacy Policy

nDivision Inc., a Texas corporation headquartered at 4925 Greenville Avenue, Suite 200, Dallas, Texas 75206.

nDivision Privacy Policy

nDivision is committed to protecting the privacy of users of the nDivision website. The information we collect is used exclusively to facilitate services that we provide to you. We value your privacy and will take all necessary steps to protect it.

Our promise

We will not communicate with you unless you expressly request it. We are committed to your privacy and will not share your personal information.

Our company commitment to privacy

To make sure your personal information remains confidential, we communicate these privacy guidelines to every nDivision employee.

nDivision does not knowingly solicit personal information from children or send them requests for personal information.

The nDivision website or email correspondence may contain links to other sites. nDivision does not share your personal information with those sites and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.

If we are going to use your personal information differently from that stated at the time we collect it, we will try to contact you via email using the most recent information we have. If you have not given us permission to communicate with you, you will not be contacted nor will we use your personal information in a new manner.

The nDivision Privacy Policy is subject to change at any time. We encourage you to review the privacy policy regularly for any changes.

Types of information collected on the nDivision website

We may collect personal data through a registration process and when you download documents from the nDivision website. If you wish to receive further contact from us, such as product updates, there will be a box to enable you to indicate your preference.

When you register on the nDivision website, we may collect your title, first and last name, company name, job function, industry, post code, email address, and contact preferences. If contact by post is selected, you will be prompted for your postal address, and if contact by phone is requested you will be prompted for your telephone numbers.

Navigation information

When someone visits our website we collect standard internet log information and details of visitor behavior patterns. We do this to find out things such as the number of visitors to the various parts of nDivision’s website. We collect this information in a way which does not identify anyone. We do not make any attempt to find out the identities of those visiting our website.

We use Google Analytics to help analyze use of our website. This analytical tool uses 'cookies', which are text files placed on your computer, to collect standard internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the website (including your IP address) is transmitted to Google. This information is then used to evaluate visitors’ use of the website and to compile statistical reports on website activity for nDivision. To find out more about cookies, including how to control and delete them, visit www.allaboutcookies.org, or to opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

nDivision will not use the statistical analytics tool to track or to collect any personally identifiable information of visitors to our site. We will not associate any data gathered from this site with any personally identifying information from any source as part of our use of the Google statistical analytics tool. Google will not associate your IP address with any other data held by Google. Neither nDivision nor Google will link, or seek to link, an IP address with the identity of a computer user.

How we collect personal information off-line

Personal information will only be collected by lawful and fair means, for one or more specified purposes, which are relevant to nDivision's operations. When personal information is collected directly from the individual to whom it relates the purpose of collection will be identified and it will only be collected with the person's consent.

Why we collect personal information

If you have permitted us to use your information, we will use it to keep you up to date on the latest company announcements, service updates, special offers and other information we think you'd like to hear about. This may occasionally include information from our technology partners about products and services that can add value to your organization. From time to time, we may also use your personal information to contact you to participate in a market research surveys, so that we can gauge customer satisfaction and develop better solutions.

Information collected on this site may also be combined and de-identified to provide nDivision with anonymous demographic and usage information. nDivision can then use this aggregated information to develop new and/or more appropriate services and products to offer to customers and may also be provided to third parties.

In addition, anonymous navigation information may be used for statistical analysis of the site, for marketing purposes and to tailor the content of the site to the needs of nDivision customers. Statistical information is not disclosed in connection with your personal information.

Cookies

Cookies were originally designed to help a website distinguish a user's browser as a previous visitor and thus save and remember any preferences that may have been set while the user was browsing the site. A cookie is a small string of text that a website can send to your browser. A cookie cannot retrieve any other data from your hard drive, pass on computer viruses, or capture your email address.

The nDivision website uses Google Analytics to understand how people are using the website and identify areas that can be improved or removed. The Google analytics cookie is not used to identify individual users or capture personally identifiable information, only to produce statistics on how the site is used.

However, if you wish to restrict or block the cookies which are set by our websites, or indeed any other website, you can do this through your browser settings. The 'Help' function within your browser should tell you how.

You can also Opt-out of Google Analytics cookies here:
https://tools.google.com/dlpage/gaoptout?hl=en

The following cookies are used in www,nDivision.com:

  • ASP.NET_SESSIONID: Session cookies allow users to be recognized within a website so any page changes or item or data selection you do is remembered from page to page. The most common example of this functionality is for the language selector functionality. Persists after browser is closed until end of session.
  • _UTMA: Google Analytics cookie which stores each user's amount of visits, and the time of the first visit, the previous visit, and the current visit. Persists after browser is closed for 2 years.
  • _UTMB: Google Analytics cookie timestamp: how long you have been on the page: enter page. Persists after browser is closed until end of session.
  • _UTMC: Google Analytics timestamp: how long you have been on the page: leave page. Persists after browser is closed until end of session.
  • _UTMZ: Google Analytics cookie which keeps track of where the visitor came from, what search engine was used, what link was clicked on, what keyword was used, and where they were in the world when they accessed the website. Persists after browser is closed for 6 months.

When we disclose personal information

nDivision works with other companies that help us provide products and services to you and we may provide your personal information to these companies. For example, we give shipping companies this information so they can deliver your products efficiently. In this case the information they receive is for shipping and delivery purposes only, and we require that the companies we contract with safeguard your personal information in accordance with nDivision's policies.

Personal information collected at this site will only be disclosed to third parties in accordance with this Privacy Policy and with the terms and conditions of any relevant service. You should check the terms and conditions of individual products and services for information about disclosures.

Your right to update your information

If you wish to update information held about you or your company by nDivision Group, please e-mail your new details to info@nDivision.com.

You may unsubscribe at any time by sending an e-mail to info@nDivision.com

Security

We make our best efforts to ensure that our systems are secure. nDivision safeguards the security of the data you provide to us with physical, electronic and managerial procedures.

Any questions?

Please e-mail info@nDivision.com to resolve any questions, suggestions, concerns and complaints you might have regarding nDivision's privacy practices.

Changes to this Privacy Policy

This Privacy Policy may change from time to time particularly as new industry codes and legislation are introduced. Any changes to nDivision's Privacy Policy will be highlighted in this area from time to time.

Terms of use for the nDivision website and website Disclaimer

Use of and access to this site is subject to the following terms and conditions, which you are deemed to have accepted by accessing this site:

The material contained in this website is provided for general information purposes only. It does not constitute professional advice and must not be relied on. Despite our best efforts, it may not be complete, up-to-date or applicable to the circumstances in a particular case.

nDivision makes no guarantees or representations as to the accuracy, reliability, or currency of information in this site or the results of its use. Professional advice should be sought before acting or relying upon the information in this site. Links to other sites are provided only to facilitate the easy connection of users to those particular sites.

nDivision does not endorse or accept any liability to any person for the content of the information or services (nor the use of such information or services) that is provided on linked sites. Use of any information provided on any other site linked to this site is at the sole risk of users.

Intellectual Property

nDivision owns the trade marks, logos and service marks displayed on this site and users are prohibited from using the same without nDivision's written permission.
The materials on this site are protected by copyright and no part of such materials may be modified, reproduced, stored in a retrieval system, transmitted (in any form or by any means), copied, distributed, used for creating derivative works or used in any other way for commercial or public purposes without nDivision's prior written consent.

Warranties

All information is provided "AS IS" without any warranties of any kind either express or implied. Use of that information is at the user's own risk. To the fullest extent permitted by law, nDivision disclaims and does not accept any liability or responsibility for any warranties, express or implied, or representations, including, without limitation, as to the accuracy or completeness of the contents of this site, and any implied warranties of merchantability or fitness for a particular purpose.

Liability

To the fullest extent permitted by law, nDivision will not be liable for any damages, losses, costs or expenses of any kind, including direct, indirect, special and consequential (including, without limitation, loss of profits, business or data), which arise out of or result from the information contained on this site, or any other site which is linked to this site.

DATA SHEET

Acceptable Use Policy

nDivision Inc.'s Acceptable Use Policy ("AUP") is provided to give our clients a clear understanding of what nDivision expects of them while using the service. All users of nDivision's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to secure the Services, must comply with this AUP.

Use of nDivision Service constitutes acceptance and agreement to nDivision's AUP

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our MSA (Master Services Agreement) and with Customer approval we may remove any materials that may be illegal, may subject us to liability, or which may violate this AUP. nDivision may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong doing. Your violation of this AUP may result in the suspension or termination, with 30 days’ notice, of either your nDivision account or other actions as detailed in this document.

This document is intended to provide a basic understanding of nDivision's AUP. The following are guidelines for the establishment and enforcement of nDivision's AUP:

  • Ensure reliable service to our customers
  • Ensure security and privacy of our systems and network, as well as the networks and systems of others throughout the expanse of the global Internet
  • Comply with existing domestic and international law
  • Maintain our reputation as a responsible service provider
  • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
  • Preserve the privacy and security of individual users
nDivision intends to provide its customers access to everything the Internet has to offer. While nDivision is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both nDivision and the Internet cannot be permitted under the guise of free speech. The resources of the nDivision and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your dedicated server or co-location server to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If an nDivision account is used to violate the AUP or our MSA, we reserve the right to terminate your service without prior notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, with 30 days’ notice, flagrant violations of the AUP will result in i termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at info@nDivision.com

As a provider of managed services, web site hosting and other Internet-related services, nDivision offers its customers (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. nDivision respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, nDivision reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, nDivision has developed an AUP, which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using nDivision services.

As the owner and operator of a server located on the nDivision network, all activity that takes place on the server is your responsibility. nDivision reserves the right to refuse and terminate services for any reason, without prior notice, and in the event that any damage to our network and service is determined, we will be required to take action in preventing said damage.

Appropriate actions will be taken to protect the well-being of our network segment whenever abuse/AUP-violation issues are concerned.

One important aspect of the Internet is that no singular party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that nDivision cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive in a variety of facets. Because nDivision cannot monitor or censor content on the Internet, and will not attempt to do so, nDivision cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

Server Security: When server security is maintained by the server owner, it is his or her responsibility to maintain the server software and ensure updates and all aspects of server security are properly maintained. Servers that are compromised in any extent are considered to be in direct violation of this AUP. In the event that server security is breached, nDivision reserves the right to perform the following actions:
  1. Disable the server and cancel it from our system if it is determined that updates and standard updates have not been taking place. nDivision, following an in-depth analysis, may offer updates and related procedures to the server owner for a one-time fee. More than 3 violations in any six (6) month period could result in service termination, and at all times the nDivision Administrative Team, upon customer notification, reserves the right to terminate any server that breaches these policies and causes risk to our network as a whole.
DDOS Attacks: nDivision does not provide attack mitigation for some customers. In the event that a server is attacked and causes connectivity issues to the overall network, the following actions can take place:
  1. With customer notification, All network addresses associated with the server can be null routed and blocked at the routing perimeter of the affected network for an indefinite amount of time when necessary.
  2. With customer notification, server can be disabled for a cool down period set forth by the network administrators. Cool down periods disable the server and stop the flow of traffic to and from the server. The period for cool down is determined by our network administrators, based upon the severity of the attack taking place.
  3. With customer notification, server cancellation can take place if it is determined the overall operations of this server will likely cause perpetual network disruption that is unknown or determined as harmful to other clients on the nDivision network.
Shared Hosting/Resold Services: nDivision is a host to a multitude of shared hosting and reseller hosting providers. As one of these customers you are accepting full responsibility for the content of the server. To protect our network and the well-being of our customer base, upon customer notification, nDivision reserves the explicit right to terminate and/or quarantine any web hosting account located on our network for violation of this AUP. Disabling accounts may be the first course of action taken by our Abuse Department and notification to the server owner will take place alongside these procedures. nDivision also reserves the right to request permanent removal of the account in question. Failure to comply can and will result in the cancellation of server.

Unsolicited Bulk Email: This is not only harmful because of its negative impact on consumer attitudes toward nDivision, but also because it can overload nDivision's network and disrupt service to nDivision's subscribers.

In the event that bulk transmissions of unsolicited mail are sent either by the customer, via the customer's server, and/or advertising products or services provided by the customer or by one of the customer's accounts, nDivision reserves the right to have the offending account, source engine of transmission, or entire server itself, removed from our network.

If your server, one of the accounts on your server, or IP range(s) associated with your server are found to have been listed on any of the RBL lists provided by SPAM blocking organizations, we will take action in having these listings removed, which may include having accounts and/or servers deactivated or cancelled. Full cooperation is expected from the customer in having these listings removed, as to prevent any of the abovementioned unpleasant actions.

The CAN SPAM law of 2003 will not be used as a guideline in determining the legitimacy of mailing practices. Instead, our internal policies will continue to be used in regards to this issue, so that our network is protected against being blocked by RBL listings.

Intellectual Property Violations: Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy and patents held by individuals, corporations or other entities is strictly prohibited. Also, engaging in activity that violates privacy, publicity or other personal rights of others is prohibited. nDivision is required by law to remove or block access to customer content, upon receipt of a proper notice of copyright infringement. It is also nDivision's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials: Using nDivision's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. nDivision is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography immediately hosted within or being transmitted through its network.

Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message, is not allowed on nDivision's network.

Illegal or Unauthorized Access to Other Computers or Networks: Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"), is strictly prohibited. Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity) will not be allowed.

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: Distributing information regarding the creation of and/or sending Internet viruses, worms, Trojan horses, ICMP assaults or other flooding mediums, mail-bombing or the launching of denial of service attacks are strictly prohibited. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment are not allowed.

Facilitation a Violation of this AUP: Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks and piracy of software is prohibited.

Export Control Violations: Exporting encryption software over the Internet or otherwise, to points outside the United States is prohibited.

Other Illegal Activities: Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software is prohibited.

Other Activities: Engaging in activities, whether lawful or unlawful, that are harmful to nDivision’s subscribers, operations, reputation, goodwill, or customer relations, is strictly prohibited.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. nDivision will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with nDivision's policy or applicable law. However, when nDivision becomes aware of harmful activities, it may take any reasonable action to stop the harmful activity, including, but not limited to, removal of information, deactivating a web site, implementing screening software designed to block offending transmissions, denying Internet connectivity, or any other reasonable action.

nDivision is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching nDivision's facilities from those subscribers may have originated from a customer of the subscriber or from yet another third party. nDivision does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. nDivision reserves the right to directly take action against a customer of its subscribers. Also, nDivision may take action against the nDivision subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, nDivision anticipates that subscribers who offer Internet services will reasonably cooperate with nDivision in any corrective or preventive action that nDivision deems reasonably necessary. Failure to cooperate with such corrective or preventive measures is a violation of nDivision policy.

nDivision will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority, or when public safety is at stake. nDivision may, however, monitor any aspect of service electronically to determine that its facilities are operating satisfactorily.

Also, nDivision may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. In addition, nDivision may disclose subscriber information or information transmitted over its network where necessary to protect nDivision and others from harm, or where such disclosure is necessary to the proper operation of the system. Unless prohibited by law from doing so, nDivision shall inform the subscriber if and when subscriber information has been provided to third parties and/or authorities. Notwithstanding the foregoing, nDivision will never sell information to other services or outside companies.

nDivision expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate nDivision policy.

We hope this AUP is helpful in clarifying the obligations of Internet users, including nDivision and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to info@nDivision.com immediately.

REPORTING VIOLATIONS OF nDivision AUP

nDivision requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at info@nDivision.com.

If available, please provide the following information:
  • The IP address used to commit the alleged violation
  • The date and time of the alleged violation, including the time zone or offset from GMT
  • Evidence of the alleged violation
  • E-mail with full header information provides all of the above, as do system log files
Other situations will require different methods of providing the above information. nDivision may take any one or more of the following actions in response to complaints:
  • Issue written or verbal warnings
  • Suspend the client's account
  • Terminate the client's account
  • Bill the client for administrative costs and/or reactivation charges
  • Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY

nDivision reserves the right to revise, amend, or modify this AUP, our MSA (Master Services Agreement) and our other policies and agreements at any time and in any manner.



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