Privacy Notice

Privacy Notice Overview

This Privacy Notice describes how TheAddressApp, Inc. and our subsidiaries (collectively "we," "us," "our," or "Newfold") protect personal information of our customers, job applicants and visitors who use our websites, mobile applications, online products or services (collectively, our "users"). This Privacy Notice describes how your personal information is collected, disclosed and used by us, as well as an explanation of the related data rights you may have.

To learn more about the Newfold corporate family covered by this Privacy Notice, visit: https://newfold.com. This Privacy Notice applies to all Newfold websites, emails, job application services, platforms, brands, products, services and mobile applications (collectively, the "Services").

Residents of certain jurisdictions have data subject rights provided by the laws of that jurisdiction, to find out if the rights apply to you, click on the links below, or to exercise your rights, go to the DSAR portal here.

• Residents of the European Economic Area (EEA) and Switzerland may find more information about how your personal information is processed here.
• Residents of the United Kingdom may find more information about how your personal information is processed here.
• Residents of California may find more information about your rights available here.
• Users located in Brazil may find more information about your rights available here.

Categories of Information We Collect About You

In the course of your use of the Services, we obtain information about you as described below.

Information You Voluntarily Provide to Us

We collect the following information from you when you provide it to us:

• Information that you provide prior and during any registration process, including in connection with a co-branded offer (such as your name, company name, email address, phone number, billing address or credit card information, geographic location and industry).
• Information you provide as a job candidate as you complete the job application process (such as your resume or CV, and transcript or certifications).
• Information you provide when you call us, email us, or contact us in chat for support or otherwise.
• Information you provide when you use our Services such as through email, phone calls, chats or screen sharing services.
• Payment information, including credit card data and billing address when you purchase some of our Services.

Information We Collect About Your Usage and Devices

We collect data relating to your online activity on our websites, including the following:

• Your IP address, browser type and version, geographic location and operating system version. Any device or other method of communication you use to interact with our Services including device identifiers.
• How you got to our Services and any links you click on to leave.
• Pages you view including your interactions with any videos we offer.
• When you update your information, communicate with us or order new Services.
• Metadata about your use of our Services and emails we send to you (including clicks and opens).
• Metadata about how your customers, contacts and users interact with the Services we provide you.
• Issues you encounter requiring our support or assistance.

We store the data we collect in a variety of places within our infrastructure, including system log files, back-end databases and analytics systems.

Information We Acquire from Social Media

• We collect information (such as your name, social media account name and email address to pre-populate our sign-up form) from third party social networking sites, when you use your social network credentials to log into some of our Service.
• You can control the level of privacy settings you have in place at the social networking site. Find out more at the social networking site you use.

Information We Acquire from Other Sources

We also collect the following information from other sources:

• Information you provide to us at seminars or to our partners.
• Information you provide to us in surveys.
• Information that is publicly available.
• Information from third parties with your consent.

We may collect and store demographic information (such as your zip code, date of birth, and/or age), and use this data to tailor your experience on our websites, ensure you are at least 18 years of age to make purchases, provide content that we think you might be interested in, perform general improvements to the websites, and display the content according to your preferences. Such demographic information may be provided to partners, market researchers and other third parties on an aggregate and non-personally identifiable basis. No personally identifiable information will be linked to such aggregated demographic information that is provided to third parties.

We also collect information that you may provide during your telephone conversations with us, which we may monitor or record.

We may combine any information we collect about you with other information we have about you to help us update, expand and analyze our records, identify new customers, and provide products and services that may be of interest to you. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

How We Use Your Information

We use the information we collect both on its own and combined with any other information we collect about you, for the following business and commercial purposes:

• To provide the requested Services to you.
• To provide you with useful content.
• To ensure the proper functioning of our Services.
• To offer and improve our Services.
• To provide you with requested information or technical support.
• To evaluate your qualifications as a job applicant.
• To facilitate your movement through our websites or your use of our Services.
• To do a better job of advertising and marketing our Services (subject to your consent where required by applicable law).
• To advertise and market third party products and services (subject to your consent where required by applicable law).
• In connection with our security and compliance programs.
• To administer our websites.
• To communicate with you.
• To create directories (only when you explicitly ask to be included).
• To bill for Services.
• To target current or prospective customers with our products or Services through online advertisements served on third-party sites by third-party vendors, such as Google (subject to your consent where required by applicable law).
• To assist us in offering you a personalized experience or otherwise tailor our Services to you.
• As otherwise described in this Privacy Notice.

We also use the information we receive to produce reports on trends and statistics, such as mobile search trends, email open rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our websites or evaluated or purchased our products or Services.

Payment information that you provide to us, including credit card data, will only be used to facilitate payment for the Services.

We also use recorded telephone conversations for quality control purposes, to train our employees and for our own protection.

Communicating with Partners

We provide your personal information to certain third-party partners, including marketing and advertising partners. That information includes your name, email address and other information enabling partners to:

• Assist you in using our Services.
• Contact you with offers, services or products that may be of interest to you.
• Provide you with their products or services.

Our partners may use cookies, web beacons, pixels, tags, scripts, device recognition and similar technologies in order to provide you advertising based upon your browsing activities and interests. For more information and guidance on how to opt out of cookies click here to access our Cookie Notice.

Further, our partners are prohibited from using your contact information for any purpose beyond those set forth above without your consent. We will not provide our partners with your credit card information. Further information about certain partners we communicate personal information is available here.

In the event we collect information from you in connection with an offer that is jointly presented by us and a partner, we will let you know who is collecting the information and whose Privacy Notice applies, as well as any options you may have regarding use of your information.

Communicating with Third Party Service Providers and Vendors

Occasionally, we enter into contracts with carefully selected third parties to assist us in servicing you (for example, providing you with customer service, fraud detection and deterrence, job recruitment or access to advertising assets and providing us with information technology and storage services) or to assist us in our own marketing and advertising activities (including providing us with analytic information and search engine optimization services). We disclose information to certain third-party service providers listed here. Our contracts with such third parties prohibit them from using any of your personal information for any purpose beyond the purpose for which it was disclosed.

If you purchase a product or service from a third party through one of our brands, we will pass your personal information to such third party in order for them to fulfill your order.

By providing your personal information and other confidential information to artificial intelligence (AI) services which include features provided by third parties, you are disclosing your personal information to obtain the AI services.

We offer features that allow you to better target who you contact through our Services. These features allow you to optimize your campaigns, segment your lists, and better customize your offerings to your customers. In order to do this, we partner with third parties who can provide you with information about your contacts. If both you and your contacts are located outside of the United Kingdom and the European Union, this may include demographic information and geographic location. We require that these third parties are contractually or legally permitted to receive this information.

In order to provide you with these features, we may send third parties certain pseudonymized personal data about your contacts. These third parties are prohibited from using this personal data for any purpose beyond that for which it was disclosed.

We also use non-personal information with certain third parties, including the media, industry observers, marketing and advertising partners, vendors, customers, potential customers or partners. For example, we disclose mobile search trends, email open rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our websites or evaluated or purchased our Services.

Our third party service providers and vendors may use cookies, web beacons, pixels, tags, scripts and similar technologies in order to provide you advertising for our services based upon your browsing activities and interests on our websites. Click here to access our Cookie Notice for more information and guidance on opting out of cookies.

For Directory Listings

If you provide your information in order to be included in our free directories you are consenting to (1) individuals contacting you to solicit your products and services and (2) businesses contacting you to market services you may find useful. Due to the nature of a directory, your information will be published publicly and you may be contacted by phone or email depending on the information you provide. You will never be added to our directories unless you request to be included and you may remove your listing at any time by accessing your Scoot dashboard, calling + 44 0800 170 100 or emailing us at customersupportuk@TheAddressApp.

For Promotional Offers and Sweepstakes

When you provide your name for a promotional offer or to enter a sweepstakes or contest, your participation in the contest constitutes the consent for the for the use of your name, likeness, prize, photograph, voice, opinions and/or hometown and state for promotional purposes and to demonstrate the transparency of a competition, in any media, worldwide, without further payment or consideration. We may request the contest winner provide consent to such use in writing. We will file your name with state agencies if required by law.

Communicating with Resellers and Private Label Partners

As it relates to Newfold's trusted resellers and private label partners (collectively, "Resellers"), Newfold may process customer Personal Data on behalf of Reseller. In such cases, Reseller is the data controller and Newfold is the data processor and each party's obligations will be outlined in the Reseller Agreement between the parties. In the event of a data subject access request sent by a third party to a Reseller, Reseller will make a similar request to Newfold by visiting our DSAR portal here, and submitting the appropriate form. All data collected through this relationship will be treated in accordance with this Privacy Notice.

Corporate Reorganizations

If we are involved in a merger, acquisition, a sale of all or a substantial portion of our assets, or other similar sale transaction, your information will be transferred as part of that transaction. We will notify you by email and/or a prominent notice on our website of any such transfer and any choices you may have regarding your information.

Authorized Users

All users authorized by you to have access to your account can view personal information stored in the account. A primary account holder can view personal information saved in subaccounts to which they have authorized access. We use information about authorized users only for legitimate purposes consistent with this Privacy Notice, including servicing your account and marketing products and services to you.

Legal Process

If legally required to do so, or if we have a good faith belief that such disclosure is reasonably necessary, we may disclose your personal information to courts of law, public authorities (including to meet national security or law enforcement requirements) and other relevant third parties, such as internet service providers, to conduct an investigation, respond to a third party or law enforcement subpoena or court order, to bring legal action, prevent harm to others or pursue other relief when you or a third party are or may be:

• Violating our terms and conditions of use.
• Causing injury or other harm to, or otherwise violating the property or other legal rights, of us, other users, or third parties.
• Violating federal, state, local, or other applicable law.

To the extent we are legally permitted to do so, we will notify you in the event that we are required to provide your personal information to third parties in connection with a subpoena, as required by law, court order or other government or law enforcement authority or regulatory agency (including ICANN) in order to enforce or apply our services agreement or other agreements. For more information on ICANN see the Addendum for users who purchased Domain Registration services here.

Security

The transmission of information via the internet, email or text message is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted through websites or over email; any transmission is at your own risk. Once we have received your information, we will take appropriate technical and organizational measures to safeguard your personal information against loss, theft and unauthorized use, access or modification.

Tracking Technologies and Online Advertising

We use cookies, web beacons, pixels, tags, scripts and other similar technologies in the course of our business. Information about the technologies we use, why we use them (for example, in connection with online advertising) and how you can control them can be found in our Cookie Notice found here.

Choice/Opt-Out

Marketing Communications from Us

We will need to contact you directly or through a third party service provider as necessary to deliver transactional or service related communications regarding products or Services you have signed up or purchased from us. We will also contact you with offers for additional services if you have given us consent to do so or we are allowed based on legitimate interests. You do not need to provide consent to receipt of marketing communications in order to receive our Services.

Email

You always have the opportunity to opt out of our marketing communications or change your preferences by following the link in the footer of all non-transactional email messages from us or by emailing us at privacy@newfold.com.

Some communications from us are considered transactional or service communications (for example, important account notifications and billing information). You agree to receive these transactional and service communications as a condition of the Services that we provide to you. You must cancel your accounts for all Services, if you do not wish to receive any transactional or service communications from us. To cancel your account, please follow the instructions found in the terms of service for the applicable Service. You may still receive marketing communications from us even after you cancel your account unless you also opt out of our marketing communications as described above.

Phone, Text (SMS) Messages and Postal Marketing

If you have given your consent to send you email, phone or text (SMS) marketing, or if you have provided us with your postal address, we will use the personal data you give to us to contact you from time to time. If you register on our site, you can choose to provide your consent to receive marketing communications by e-mail, phone and/or cell number (including use of automated dialing equipment and/or pre-recorded calls), text (SMS) message, social networks or any other means of communication that your device may be capable of receiving. If you do not want to receive postal or electronic communications, you may withdraw your consent at any time, by clicking the link in a communication, or emailing us using the address provided below. You don't need to provide consent as a condition to purchase our products or services. If you want to withdraw your consent to receive marketing calls by phone, you may contact customer support at the brand from which you purchased your Services and indicate your preference to us. Contact information for specific brands can be found on the homepage of each brand.

Cookies

For information about how to manage and opt out from cookies, please visit our Cookie Notice.

Information from Third Parties

To manage the information we receive about you from a social networking site or other third party (if applicable), you will need to follow the instructions from that party for updating your information and changing your privacy settings, where available. The information we collect is covered by this Privacy Notice and the information a third party collects is subject to the privacy practices and notice of that third party. Privacy choices you have made on any third party site will not apply to our use of the information we have collected directly through our Services.

Unauthorized Accounts

If an account or profile was created without your knowledge or authorization, please contact customer support at the brand on which the account or profile is located to request removal of the account or profile.

Retention of Personal Information

We retain your personal information to provide Services to you and as otherwise necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will retain your personal information for no more than seven years following the later of (i) the date on which you terminate your use of the Services or (ii) May 25, 2018, unless we are otherwise required by law or regulation to retain your personal information for longer. For example, where you have a contract with us, we will retain your data for the length of the contract, and will further retain that information for a time period consistent with our legal or regulatory responsibilities after the termination or expiration of your Services with us in order to allow us to resolve disputes, enforce our relevant Service Agreement, and to adhere to the technical and legal requirements and constraints related to the security, integrity and operation of the websites. Job candidate information will be retained for as long as there is a business need or as required by law or regulation. If you have any questions about how long we will keep your specific data, please contact privacy@newfold.com.

Your Right to Control How Your Personal Information is Used

You have the right to make requests regarding your personal information. You can:

• Ask us to access or provide information on how we use, update, remove, restrict, or correct your personal information.
• Ask us to identify what personal information of yours has been disclosed.
• In certain circumstances, receive or (if technically feasible) ask us to provide your personal information to a third party, in a structured, commonly used and machine-readable format, although we will not provide you with certain personal information if to do so would interfere with another's individual rights or where another exemption applies.
• Object to marketing at any time by privacy@newfold.com.
• Withdraw your consent to process your personal information in circumstances where we are relying on your consent as our basis for processing.

You can view or change the personal information you have provided us by submitting a request through our DSAR portal here or logging into your online account manager, if applicable. To exercise any of your rights, please send an email to privacy@newfold.com or visit our Privacy Center.

Please note that some rights only apply in certain circumstances or to certain information and some exceptions may apply. In some areas you have data subject rights afforded by the laws in that jurisdiction, to find out if the rights apply to you and exercise your rights, go to the DSAR portal here.

More information about how your personal information is processed as a resident of the EEA or Switzerland is available here.

More information about how your personal information is processed as a resident of the UK is available here.

More information about your rights as a resident of California is available here.

More information about your rights as a user located in Brazil is available here.

Third Party Links and Information Collection and Use by Our Users

Some of our Services provide links to other websites. Because we do not control the information policies or practices of these third party sites, you should review their privacy policies to learn about how they collect and use personal information and direct any concerns to the site administrator of that website.

When using Google's YouTube API Services be aware that you are entering data into a third party product. This means that any information provided can be stored, processed, and handled according to the privacy policies of Google LLC. You may review Google's privacy policy to understand how your data will be managed when using those services.

You may also log in to some of our Services using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you with the option to disclose certain personal information to us, such as your name and email address to pre-populate our sign up form. For example, if you take advantage of certain of our social media features, such as the Facebook Like button, and widgets, such as the "Share This" button or interactive mini-programs that run on our site, the applicable social networking sites may collect your IP address, which page you are visiting on our websites, and may set a cookie to enable it to function properly.

Children

Our Services are not directed to persons under 18. We do not knowingly collect personal information from children under 18. If you are a parent or guardian of such a child and become aware that your child has provided personal information to us, please contact us as described in this Privacy Notice and we will take reasonable steps immediately to remove any such information.

Notification of Changes

We reserve the right to modify this Privacy Notice at any time, so please review it frequently. If we decide to change this Privacy Notice in any material way, we will notify you here, by email, or by means of a notice on https://newfold.com or the website of the Newfold product or service you use prior to the change becoming effective. In all cases, your continued use of any Services constitutes acceptance to any such changes.

Contact Us and Complaints

General Terms of Service

NOTE: We've updated Section 13(5) (Cancellation Process), effective July 24, 2024, to clarify the instructions to cancel the services. We've also updated our Terms of Service to include terms applicable to users of the third-party Titan Email service. Please read the updated terms below.

These Terms of Service (the "Agreement") are an agreement between HostGator.com, LLC ("HostGator", "us", "our", or the "Company") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by HostGator and of the HostGator.com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

1. Additional Policies and Agreements

1. Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
   1. Privacy Notice
   2. Acceptable Use Policy
   3. Copyright Infringement Policy
2. Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

2. Account Eligibility

1. By registering for or using the Services, you represent and warrant that:
   1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
   2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
2. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. HostGator is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the HostGator Billing and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
3. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
4. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
5. The Service and any data you provide to HostGator is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.

3. Transfers

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall HostGator be held liable for any lost or missing data or files resulting from a transfer to or from HostGator. You are solely responsible for backing up your data in all circumstances.

4. HostGator Content

1. Except for User Content (as defined below), all content made available through the Services, including images made available through website builder tools provided by HostGator (the "Licensed Images"), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, "HostGator Content"), are the property of HostGator or its licensors. No HostGator Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any HostGator Content.
2. To the extent applicable, you are granted a limited, revocable, non-sublicensable, license to use the Licensed Images solely in connection with the Services. You are prohibited from using any Licensed Images: (i) with pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party's trademark or intellectual property rights; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: (a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; (b) in connection with the advertisement or promotion of tobacco products; (c) as endorsing a political party, candidate, elected official, or opinion; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities.
3. Any use of HostGator Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any HostGator Content. All rights to use HostGator Content that are not expressly granted in this Agreement are reserved by HostGator and HostGator's licensors.

5. User Content

1. You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to HostGator that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party. Solely for purposes of providing the Services, you hereby grant to HostGator a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, HostGator does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
2. HostGator exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through HostGator's computers, network hubs and points of presence or the Internet. HostGator does not monitor User Content. However, you acknowledge and agree that HostGator may, but is not obligated to, immediately take any corrective action in HostGator's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that HostGator shall have no liability due to any corrective action that HostGator may take.

6. Compliance with Applicable Law

1. You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is location regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Notice) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.

For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) ("GDPR") and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers' or customers' personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.

7. Third Party Products and Services

Third Party Providers

HostGator may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

HostGator does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. HostGator is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

HostGator as Reseller or Licensor

HostGator may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-HostGator Products"). HostGator shall not be responsible for any changes in the Services that cause any Non-HostGator Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-HostGator Products, either sold, licensed or provided by HostGator to you will not be deemed a breach of HostGator's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-HostGator Product are limited to those rights extended to you by the manufacturer of such Non-HostGator Product. You are entitled to use any Non-HostGator Product supplied by HostGator only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-HostGator Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-HostGator Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

Third Party Websites

The Services may contain links to other websites that are not owned or controlled by HostGator ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.

8. Prohibited Persons (Countries, Entities, And Individuals)

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury's Office of Foreign Assets Control ("OFAC"), Department of State, and other United States authorities (collectively, "U.S. Trade Laws"). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea, the Donetsk People's Republic, or the Luhansk People's Republic regions of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license.

Unless otherwise provided with explicit written permission, HostGator also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name ("ccTLD") for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

9. Account Security and HostGator Systems

1. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
2. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. HostGator may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
3. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. HostGator may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
4. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by HostGator of an issue, we reserve the right to leave access to services disabled.
5. HostGator reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

10. HIPAA Disclaimer. We are not "HIPAA compliant."

You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. HostGator does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that HostGator is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact https://helpchat.hostgator.com.

Acceptable Use Policy

This Acceptable Use Policy ("AUP") governs your use of the Services and is incorporated by reference into HostGator's Terms of Service. Unless otherwise stated, defined terms in this AUP have the same meaning as provided in the Terms of Service. HostGator may modify this AUP at any time without notice.

The Services provided by HostGator may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. HostGator reserves the right to refuse service to anyone at our sole discretion. Any material or conduct that in our judgment violates this AUP in any manner may result in suspension or termination of the Services or removal of content with or without notice.

Failure to respond to a communication from our abuse department within the specified time period in our communication to you may result in the suspension or termination of the Services.

1. Prohibited Uses

1. You may not directly or indirectly use the Services in connection with any of the following, as determined in HostGator's sole discretion:
   1. You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject HostGator to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP:
      1. Disclosing sensitive personal information about others;
      2. Storing personal or sensitive information, including without limitation, "Protected Health Information" as defined under the U.S. Health Insurance Portability and Accountability Act ("HIPAA");
      3. Phishing or engaging in identity theft;
      4. Distributing computer viruses, worms, Trojan horses or other malicious code;
      5. Promoting or facilitating prostitution or sex trafficking;
      6. Hosting ponzi or pyramid schemes, or websites that engage in unlawful or deceptive marketing practices;
      7. Hosting, distributing or linking to child sexual abuse material (CSAM) or content that is harmful to minors (CSAM will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children);
      8. Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications (including without limitation, promotion, marketing, or sale of prescription medications without a valid prescription);
      9. Gambling;
      10. Promoting or facilitating violence or terrorist activities; or
      11. Infringing the intellectual property or other proprietary rights of others.
   2. Excessive Use of Resources or Network Abuse
      You may not consume excessive amounts of server or network resources or use the Services in any way which results in server performance issues or which interrupts service for other customers. Prohibited activities that contribute to excessive use, include without limitation:
      1. Hosting or linking to an anonymous proxy server;
      2. Operating a file sharing site;
      3. Hosting scripts or processes that adversely impact our systems; or
      4. Utilizing software that interfaces with an Internet Relay Chat (IRC) network.
   3. Unauthorized System Access
      You may not directly or indirectly use the Services to gain access to any network or system without permission, including without limitation
      1. Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures;
      2. Attacking other networks (e.g., utilizing botnets or other means to launch Denial of Service (DoS) or other attacks);
      3. Intercepting or monitoring data without permission; or
      4. Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of HostGator's website or servers for any unauthorized purpose.
   4. Storage of Backups
      You may not use your hosting account as a backup solution. Our Services are designed to host your website only and may not be used as a data repository. HostGator reserves the right to remove backups from your hosting account with or without notice.
   5. Zero Tolerance Spam Policy
      1. Any user account which causes or results in our IP space being blacklisted will be immediately suspended and/or terminated.
      2. Forging or misrepresenting message headers is prohibited.
      3. Websites advertised via spam (i.e. "Spamvertised") may not be hosted on our servers.
      4. You may not use the Services to sell contact lists or send email to any purchased lists (i.e. "Safe Lists").
      5. You may not use the Services to send spam or bulk unsolicited messages. We may terminate with or without notice the account of any user who sends spam.

2. Enforcement

1. Your Services may be suspended or terminated with or without notice upon any violation of this AUP. Any violations may result in the immediate suspension or termination of your account.
2. HostGator reserves the right to disable or remove any content which is prohibited by this AUP, including to prevent harm to others or to HostGator or the Services, as determined in HostGator's sole discretion.
3. Violations will be reported to law enforcement as determined by HostGator in its sole discretion.
4. A failure to respond to an email from our abuse team within forty-eight (48) hours, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.
5. Websites hosted on HostGator's servers in the U.S. are generally governed by U.S. law. As a web host, HostGator is not the publisher of user generated content and we are not in a position to investigate the veracity of individual defamation claims. Rather, we rely on the legal system and courts to determine whether or not material is defamatory. In any case in which a court of competent jurisdiction, as determined in HostGator's sole discretion, orders material to be removed, HostGator will disable access to such material.
6. Notwithstanding the foregoing, HostGator users are responsible for using the Services in compliance with applicable laws in their jurisdiction, including without limitation, any laws relating to defamation, unsolicited emails, spamming, privacy, obscenity, and intellectual property infringement. HostGator reserves the right to take local legal considerations into account and to respond accordingly in HostGator's sole discretion.
7. Enforcement of this AUP is at HostGator's sole discretion.

3. Reporting Violations

To report a violation of HostGator's AUP or infringement of intellectual property, please complete the form here.