Legal

This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Critical Data Network, Inc. If you engage in any of the activities prohibited by this AUP document Critical Data Network, Inc may suspend or terminate your account.

Critical Data Network, Inc's Acceptable Use Policy (the "Policy") for Critical Data Network, Inc Services is designed to help protect Critical Data Network, Inc, Critical Data Network, Inc's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Critical Data Network, Inc. Critical Data Network, Inc reserves the right to modify the Policy at any time, effective upon posting at http://www.critical.net/aup.html

Prohibited Uses of Critical Data Network, Inc Systems and Services:

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This 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", "spam"). The sending of any form of Unsolicited Bulk Email through Critical Data Network, Inc's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Critical Data Network, Inc's servers, is prohibited. Critical Data Network, Inc 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 that of the other 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 Critical Data Network, Inc 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. Purchasing lists of email addresses from 3rd parties for mailing to from any Critical Data Network, Inc-hosted domain, or referencing any Critical Data Network, Inc account, is prohibited.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking" "hacking").
7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Critical Data Network, Inc customers or end-users by any means or device.
9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Critical Data Network, Inc network or on another provider's network.
10. Using Critical Data Network, Inc's Services to interfere with the use of the Critical Data Network, Inc network by other customers or authorized users.

Customer Responsibility for Customer's Users

Each Critical Data Network, Inc customer is responsible for the activities of its users and, by accepting service from Critical Data Network, Inc, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an Critical Data Network, Inc customer will be forwarded to the Critical Data Network, Inc customer's postmaster for action. If violations of the Critical Data Network, Inc Acceptable Use Policy occur, Critical Data Network, Inc reserves the right to terminate services with or take action to stop the offending customer from violating Critical Data Network, Inc's AUP as Critical Data Network, Inc deems appropriate, without notice.

Privacy Statement

Critical Data Network, Inc. respects your privacy.  This Privacy Statement describes the ways we collect information from and about you, and what we do with the information, so that you may decide whether or not to provide information to us.  

Generally, we may collect information about you in two ways: 

• we use automated technical means to collect information about all website visitors;  and
• you may provide information to us via chat, email, telephone calls, web based forms, or other means.

The information we collect may include your personal information, such as your name, contact information, financial account numbers, or other things that identify you individually.

Please note that this Privacy Statement describes Critical Data Network, Inc.’s commitment to the privacy of persons who are not customers.  Our privacy commitment to our customers is defined in our agreement with our customers.   

Web Visit

You may visit our website in any of the following ways: 

• By using your browser to navigate to www.critical.net;
• By viewing an advertisement displayed on a third party website that is served content by our web server;
• By viewing an email that is served content by our web server;

When you visit our website, our server logs your IP address, the time and duration of your visit, and the time and duration of the pages on our website you view.  If you arrive at our website by clicking a paid advertisement (including a paid search engine result) or a link in an email, then we will capture information that tracks your visit from that link.   If you arrive at our website by clicking a non-paid source, such as link in a non-paid search engine result or an unsponsored link on another website, we may capture information that tracks your visit from that source, to the extent we are able to do so. We may also capture information about your computer system, such as your browser type and operating system.

We will likely place a cookie on your hard drive during the web visit. A cookie is a unique alphanumeric identifier that we use to help us identify the number of unique visitors to our website, whether or not those visitors are repeat visitors, and the source of the visits. For example, if there are 1,000 visits to our website on a certain day, we can use cookies to discover how many of those visits were made via the same browser (same visitor). We may also use the cookie to discover whether a certain visitor has visited our site more than once, and the source for each visit.  Most browsers can be set to refuse cookies if you do not want us to gather this type of information.  

We use web beacons to count the number of times that our advertisements and web-based email content are viewed.  See “What is a Web Beacon” below.  We combine web beacon information with cookies to track activity on our website originating from advertisements and web-based email content.     

We use web visit information to measure interest in and develop our web pages and marketing plans, customize the content you view on your web visits based on your activity on past visits, and administer our website.

We do not collect personal information about you as part of a web visit, but web visit information may be tied to other information (including personal information) we collect from you via chat, web forms, and the other means we describe in this Privacy Statement.

Our advertising agencies may also use web beacons and cookies to track your activity on our website originating from the advertisement.  However, we will not provide your personal information to our advertising agencies.  Our advertising agencies maintain their own privacy policies, and you should also review those.

Chat, Web Forms, Email and Other Communications

We use information you provide to us via chat, email, web forms and other communications to correspond with you about services you may be interested in purchasing.   If you elect to purchase a service online using a web form, we will use the information to establish your account.  Information you submit in writing, such as chat, email, and web form information is archived and may be tied to information that we collect about your web visits.   Unless you are expressly advised that a telephone call is being recorded, we do not record telephone conversations, but we may enter information you provide via telephone into our systems to use for the purposes described in this paragraph.

Opting Out of Communications

We will not use your contact information to correspond with you about our services if you ask us not to.  Please send your request to privacy@critical.net or write us at Compliance Officer, Critical Data Network, Inc., 10317 Elmdale Drive, Spring Valley, CA 91977. Please note that it may take up to ten days to remove your contact information from our marketing communications lists, so you may receive correspondence from us for a short time after you make your request.

Personal Information

If you believe that any personal information we have about you is incorrect, or is, has been, or might be used inappropriately, please contact us at privacy@critical.net,  and we will take steps to correct or delete the information, or restrict its use, as appropriate. 

Security

We use various security measures to protect the information we collect, as appropriate to the type of information, including encryption, firewalls, and access controls.

Third Parties

We may release the information we collect to third parties:

• when we believe it is appropriate to comply with the law, to enforce our legal rights, to protect the rights and safety of others, or to assist with industry efforts to control fraud, spam or other undesirable conduct;

• where the information is provided to enable the third party to provide services to us, provided that the third party has agreed to use at least the same level of privacy protections described in this Privacy Statement, and is permitted to use the information only for the purpose of providing services to us.

If we ever sell our business, your web visit and other information will likely be included with the transferred assets.   

If we wish to give your contact or personal information to a third party under any other circumstances, we will notify you and give you a chance to opt out.

What is a Web Beacon?

A web beacon, also known as a web bug, is a small graphic (usually 1 pixel x 1 pixel), that is embedded in a web advertisement, email, or page on our web site, but is invisible to you.  When you view a page on our web site, an email or an advertisement your web browser will request the web beacon from a web server, which in turn will set a cookie in your web browser containing a unique identifier.  This unique identifier will be linked to log information that is used to track your movements on our web site in order to determine the effectiveness of content and advertising campaigns.   

EU Safe Harbor

Critical Data Network, Inc. has notified the United States Department of Commerce that it complies with the European Union Safe Harbor framework.  Our Safe Harbor certificate will be found at https://www.export.gov/safehrbr/list.aspx.  (Status: Pending Addition)

Sensitive Information

We will not intentionally collect or maintain, and do not want you to provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information.

Children’s Online Privacy Protection

Our services are not designed for or directed to children under the age of 13, and we will not intentionally collect or maintain information about anyone under the age of 13.

Inquiries or Complaints

If you have a question or complaint about this Privacy Statement or our information collection practices, please contact us at privacy@critical.net.

Refund Policy

Refunds on unused service periods are available subject to the following terms and conditions.

1. Refunds will not be issued for those who break our Terms and conditions and Acceptable User Policies.
2. Domain names are non-refundable.
3. SSL certificates are non-refundable.
4. Dedicated Servers are non-refundable. A refund would be considered if we break our contractual terms.
5. Co-location services are non-refundable. A refund would be considered if we break our contractual terms.
6. Any setup fees incurred are non-refundable.
7. Customers will receive a full refund for all services if notice of the cancellation is received up to 14 days from the initial receipt of the service. Excluded from this are the non-refundable items listed above.
8. Cancellation requests received after 14 days from the initial receipt of service will be refunded as follows:
• Customers will receive a pro-rata refund for any unused service period
• A surcharge of 50% will be deducted from the refund amount
9. Refunds will be applied in the same manner in which the payment was made. If you pay by credit card for example, the refund must be applied to the credit card.

Placing an order indicates your acceptance of these terms and conditions. If you have any questions regarding this policy please contact us.

Amended: 12/11/2009