Legal - Cookie Policy

Last modified: Novermber 4, 2021

The use of services provided by The Constant Company, LLC (hereafter referred to as "Constant®") is subject to the following Terms and Conditions.

Important Notice
Terms of Service/AUP Violations: [email protected] (customers will be copied on all reports)
Other Legal and Law Enforcement Inquiries: [email protected]

Party Definitions and Introductory Terms - The operative parties referred to in this Agreement are defined as follows:

The Constant Company is the publisher and operator of www.constant.com (the "Site") whereby The Constant Company makes certain web hosting services (the "Services") available. For purposes of this Agreement, when "Site" or "Services" are referenced, such reference includes all hardware, software, and network resources necessary to provide said Site and/or Service.
When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to The Constant Company. Additionally, when the terms "the Site" or "Site" are used, these terms refer to any site published by Us, unless a site is specifically exempt from this policy.
You, the Client - As Our Client and the user of the Site or Services, this Agreement will refer to You through any second-person pronouns, such as "Your," "Yours," etc.

PLEASE READ THE FOLLOWING HOSTING SERVICES TERMS AND CONDITIONS. BY SUBSCRIBING TO THE CONSTANT COMPANY'S SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT (the "AGREEMENT"). IF YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK "I ACCEPT," (OR SIMILAR SYNTAX) OR CHECK THE APPROPRIATE BOX MANIFESTING YOUR INTENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND CONTINUE WITH THE ACCOUNT SET-UP PROCESS. YOU SHOULD PRINT-OUT OR OTHERWISE SAVE A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE "BACK" BUTTON ON YOUR BROWSER AND DO NOT SUBSCRIBE TO THE CONSTANT COMPANY'S SERVICES. THE CONSTANT COMPANY AGREES TO PROVIDE SERVICES TO YOU ONLY IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT IS PERMITTED BY THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (E-SIGN ACT) AND SIMILAR FEDERAL AND STATE LAWS. ANY USE OF THE CONSTANT COMPANY'S SERVICES SHALL CONSTITUTE AN ACT OF ACCEPTANCE OF THE CURRENT HOSTING SERVICES TERMS AND CONDITIONS.

Incorporations by reference.

Although this Agreement represents the primary terms and conditions of service for The Constant Company's Services, additional guidelines and rules are hereby incorporated by reference. For Clients residing outside the EEA, the documents which can be found on Our Site, and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement are the following:

• Our Privacy Policy (https://www.constant.com/legal/privacy/)

• Our Acceptable Use Policy (https://www.constant.com/legal/use_policy/)

For Clients residing in the EEA, the document(s) that can be found on Our Site, and which are specifically incorporated by reference and therefore part and parcel of this Agreement, are the following:

• Our Acceptable Use Policy (https://www.constant.com/legal/use_policy/)

Clients residing in the EEA are invited to read our GDPR Privacy Notice before registering for the Services.

Services
1. At the time of initial registration, You will select from the list of available Services the service plan(s) to which You wish to subscribe. All subscriptions to Services are subject to formal acceptance by The Constant Company. Your subscription to the Services will be deemed accepted by The Constant Company when The Constant Company delivers a confirmation of the subscription to You. The Constant Company reserves the right to refuse to provide You with any Service for any reason. Notwithstanding Our Uptime Guarantee found in Section 17 of this Agreement, The Constant Company also reserves the right to interrupt access to the Services to perform regular and emergency maintenance as needed. You may order additional Services at any time, provided that You agree to pay the then-current fees for such additional Services. All additional Services shall be considered "Services" hereunder. All Services provided are subject to availability and to all of the terms and conditions of this Agreement.
Revisions to User Agreement

This Agreement contains the complete and entire terms and conditions that apply to Your use of The Constant Company's Services (as defined below). The Constant Company may modify the terms of this Agreement, including the Fees (as defined below) at any time.
1. From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.
2. We agree that if We change anything in this Agreement, We will change the "last modified date" at the top of this Agreement. You agree to periodically re-visit this web page, and to use the "refresh" button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the "last modified" date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the "last modified" date has changed, then You can be certain that something in the Agreement has been changed.
3. Should You wish to terminate this Agreement due to any revisions made by Us, You must do so in writing via the cancellation form within thirty (30) days of the "last modified" date described above. Your continued use of the Services after the effective date of any such notice constitutes Your acceptance of such changes.
4. Waiver – if You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for such omission and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
Duration of Agreement and Cancellation Policy
1. The Initial Term shall begin upon confirmation of Your order or commencement of the Services to You and receipt of lawful funds. The term's length is chosen by You and shall be indicated when You order Our Services. This Agreement may not be terminated by You during the Initial Term (and any renewals thereof) except in the event of a breach by The Constant Company. After the Initial Term, this Agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein.
2. The Constant Company may also terminate this Agreement in its sole discretion at any time for any reason or no reason. ("Termination without Cause"). In such case, The Constant Company will provide You with thirty (30) days written notice before the discontinuation of Services.
3. If The Constant Company cancels this Agreement pursuant to any of the terms outlined in this Agreement, with the exception of Termination without Cause pursuant to paragraph 3.2, The Constant Company shall not refund to You any fees paid or prepaid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. In the event that The Constant Company terminates the Agreement for cause, all prepaid hosting fees will be forfeited and are not refundable. The termination of this Agreement does not relieve You of Your obligation to pay any Fees accrued or payable to Constant.com prior to the effective date of termination of this Agreement.
4. In addition to The Constant Company's right to terminate this Agreement provided elsewhere in this Agreement, The Constant Company may terminate this Agreement effective immediately if, based on The Constant Company's sole judgment, it determines that You or any of Your end-users: (a) have breached the Acceptable Use Policy ("AUP") as described in Section 12 of this Agreement, and incorporated herein, (b) have infringed or violated any intellectual property right or privacy or publicity right of a third party, (c) have not complied with any applicable law, statute or regulation, or (d) have uploaded, published or disseminated any images, text, graphics, code or video which The Constant Company considers illegal or high risk, in its discretion. Nothing contained in this Agreement is intended to, or shall, impose any duty or obligation upon The Constant Company to monitor or review Your Content or the content of Your end-users at any time. You remain solely responsible for Your Content, and any liability generated therefrom.
5. The termination of this Agreement will terminate Your access to the Services and Your license to the Host Materials (as defined in Section 5.2 of this Agreement). The Constant Company shall not be liable to You or to any third party for termination of the Services permitted under this agreement. Upon termination of this Agreement, The Constant Company reserves the right to maintain copies of Your data files and records for archival purposes, but does not undertake any obligation to do so. The Constant Company reserves the right to impose an early termination charge for all Services terminated prior to the last day of the billing cycle.
6. If either party cancels or terminates this Agreement for any reason, You shall be solely responsible for making all necessary arrangements for securing a replacement host and moving all electronic data, graphics, images, video or text to the new service provider. Upon termination of this Agreement, provisions that by their nature would be expected to survive termination shall survive and remain in full force and effect in accordance with their terms.
Account Set Up
1. When You register for the Services, You will choose a login (email) and password. You may use the Services or modify Your data and content only through such user ID and password. You are entirely responsible for maintaining the confidentiality of Your user ID and password and for any and all activities which occur using those credentials. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of security known to You.
2. You must provide Us with a primary email address that is checked regularly and frequently. All notices and communications between Us will be sent to the email address You provide, and You are therefore required to keep this address current or notify Us if Your address changes. You should notify Us if any of Your contact and/or billing information changes so that We may update Your account. It is also Your responsibility to make sure that Our domain(s), constant.com, are not included in any spam block list used by You or Your mail provider.
3. Providing false or inaccurate contact information of any kind may result in the Termination for Cause of Your account per Section 3 of this Agreement.
4. You are responsible for all activity transpiring under Your account. We therefore highly recommend that You secure file, directory, and script permissions to the most restrictive settings possible. You agree that You have the technical ability to properly operate a web site and that You are responsible for any actions performed under Your account, including but not limited to, damage caused to Your site, The Constant Company's site and/or equipment, and any other site.
Intellectual Property Rights

All Services provided by The Constant Company may only be used for lawful purposes.
1. As between You and The Constant Company, The Constant Company acknowledges that it claims no proprietary rights in or to the content (including without limitation, text, software, music, sound, audio visual works, motion pictures, photographs, animation, video and graphics) supplied by You for use on Your web site ("Your Content"). You hereby grant to The Constant Company a non-exclusive, worldwide and royalty-free license to copy, make derivative works, display, perform, use, broadcast and transmit on and via the Internet Your Content, solely for the benefit of You and to enable The Constant Company to perform its obligations hereunder.
2. In connection with performance of the Services and at the sole discretion of The Constant Company, The Constant Company may (but is not obligated to) provide You with certain materials, including, without limitation, computer software (in object code or source code form), data, documentation or information developed or provided by The Constant Company or its suppliers under this Agreement, domain names, electronic mail addresses and other network addresses assigned to You, and other know-how, methodologies, equipment, and processes used by The Constant Company to provide You with the Services ("Host Materials"). Subject to the terms and conditions of this Agreement, The Constant Company hereby grants You a limited, revocable, non-transferable, non-exclusive license to use the Host Materials solely in connection with the Services. This license terminates when this Agreement terminates. As between You and The Constant Company, You acknowledge and agree that The Constant Company owns all right, title, and interest or otherwise has acquired all applicable licenses for the Host Materials, and all copyright, trade secret, patent, trademark and other intellectual property rights therein. Any use of the Host Materials after termination of this Agreement is not licensed and strictly prohibited. You agree that You will not upload, transmit, reproduce, distribute or in any way exploit any Host Materials obtained through the Services without first obtaining the express written permission to do so from The Constant Company.
3. This Agreement does not constitute a license to use The Constant Company's trade names, service marks or any other trade insignia. Any use of any of The Constant Company's trade names, service marks or any other trade insignia is strictly prohibited, absent The Constant Company's prior written consent.
4. If We are required to enlist the assistance of an Attorney or other person to collect any liquidated damages or any other amount of money from You, or if We are required to seek the assistance of an Attorney to pursue injunctive relief against You, or if We are required to file an ICANN complaint against You in order to bring about the transfer of an offending URL to Us from You, then You additionally agree that You will reimburse Us for all fees incurred in order to collect these liquidated damages, or in order to seek injunctive relief from You, or in order to file and prosecute an ICANN complaint.
5. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs.
DMCA Notice and Takedown Policy
1. Introduction
Intellectual Property Rights
1. Introduction
2. Notification Contents and Procedure
Takedown Policies and Procedures

The Constant Company implements the following Takedown Policies and Procedures. Upon receipt of any notification of claimed copyright infringement, The Constant Company will act expeditiously to notify its customer of the alleged infringement, and take steps to disable or remove the subject material. DMCA Notices are generally processed within two (2) business days from receipt, absent extenuating circumstances. The Constant Company reserves the right at any time to disable access to, or remove any material or expressive work accessible on or from its servers or services, that is claimed to be infringing via a valid DMCA Notice, or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of The Constant Company to terminate the account of repeat copyright infringers, when appropriate, and The Constant Company will act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S.C. §512 of the DMCA. The procedure for notifying The Constant Company of claimed copyright infringement is set forth in Section 7.2, hereof. If the DMCA notice does not comply with §512 of the DMCA, but does substantially comply with the (3) three requirements for identifying infringing works according to §512 of the DMCA, The Constant Company shall attempt to contact or take other reasonable steps to reach the complaining party to assist that party comply with sending a compliant DMCA Notice. As noted above, when The Constant Company's Designated Agent receives a valid notice, The Constant Company will act expeditiously to remove and/or disable access to the infringing material and shall notify the affected customer or subscriber. Then, the affected customer or subscriber may submit a counter-notification to the Designated Agent, using the counter-notification procedures set forth below. The Constant Company reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back to this page to stay current on any modifications.
Counter-Notification Procedures

If the Recipient of a Notice of Claimed Infringement ("Notice") believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed/disabled in accordance with the procedures outlined above in Section III above, the Recipient is permitted to submit a counter-notification pursuant to 17 U.S.C. § 512(g)(2) & (3). A counter-notification is the proper method for the Recipient to dispute the improper removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations contained in the counter-notification pursuant to 17 U.S.C. § 512(f).
1. To initiate a counter-notification, the Recipient must submit to The Constant Company's Designated Copyright Agent the following information:

Counter Notifications can be sent to:

The Constant Company, LLC
David Gucker, DMCA Agent
319 Clematis Street Suite 900
West Palm Beach, FL 33401
dmca [at] constant [dot] com

Please do not send other inquiries or information to our Designated Agent.

After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward the counter-notification to the original claimant who first provided the Notice identifying the allegedly infringing material.

Within ten to fourteen (10-14) days from The Constant Company's receipt of a valid counter-notification, The Constant Company will replace or cease disabling access to the disputed material unless The Constant Company's Designated Agent receives notification that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material on The Constant Company's system or network.

Service Provider Customers of The Constant Company

Some of The Constant Company's customers are, themselves, "Service Providers" within the meaning of 17 U.S.C. § 512(k)(1). Accordingly, The Constant Company requests that any DMCA Notices relating to alleged infringement by third party users, customers or subscribers of The Constant Company's Service Provider Customers be submitted directly to the DMCA Agent designated by such customer.
Modifications

The Constant Company reserves the right to modify, alter or add to the DMCA policy set forth in Sections 6-10 above, and all users should regularly check back regularly to stay current on any such changes.
Content and Acceptable Use Policy
1. You agree to comply with The Constant Company's Acceptable Use Policy ("AUP"), which may be found by accessing The Constant Company's web site at https://www.constant.com/legal/use_policy/, which policy is hereby incorporated by reference as an indispensable part of this Agreement. The Constant Company reserves the right to modify the AUP at any time by posting the modified policy on its web site. You agree to monitor the Constant.com home page for any changes to the AUP. Your continued use of the Services after the effective date of any changes to the AUP constitutes Your manifestation of intent to be bound by such changes. The Constant Company may, at its sole discretion, immediately terminate Your access to the Services, or this Agreement, if Your conduct violates the AUP, or if any of Your end users' conduct violates the AUP.
2. The Constant Company will not actively monitor the content of the web sites being hosted by Constant.com, although Constant.com, at its sole discretion, may elect to electronically monitor its network and may disclose any content or records concerning Your account as necessary to satisfy any law, regulation, or other governmental request or to properly operate Our network and protect any of Our customers. The Constant Company will investigate complaints of a violation of a third party right or of the AUP. The Constant Company will cooperate with those attempting to minimize Internet abuse and reserves the right to institute "filters" or other mechanisms for that purpose. The Constant Company will cooperate with law enforcement authorities and reserves the right to notify such authorities if it suspects that You or any of Your end users are engaged in illegal activities. Nothing contained in this Section, or anywhere in this Agreement, is intended to bestow any rights on any third party, and no third parties shall be entitled to enforce any terms of this Agreement between the Parties.
3. You acknowledge and expressly agree that The Constant Company will not be liable to You or any of Your end users for any action The Constant Company takes to remove or restrict access to the Services for any alleged violation of the AUP, or exercising its rights as a Good Samaritan under the Telecommunications Act of 1996 (47 U.S.C. § 230(d)) or under the Digital Millennium Copyright Act of 1998 (See Section 12.8 below).
4. You acknowledge and expressly agree that The Constant Company will not be liable to You or any of Your end users for any action The Constant Company takes to remove or restrict access to the Services for any alleged violation of the AUP, or exercising its rights as a Good Samaritan under the Telecommunications Act of 1996 (47 U.S.C. § 230(d)) or under the Digital Millennium Copyright Act of 1998 (See Section 12.8 below).
5. The Constant Company takes the issue of child pornography very seriously, and any potential harm to minors using our services is strictly prohibited. Content that is or may be perceived to be child pornography will be immediately removed from public access upon notification or detection by Us. Additionally, The Constant Company reserves the right to terminate any account whose website(s) hosts or links to child pornography immediately and without notice to You. If the account is a The Constant Company reseller account, the account will be suspended and the reseller will be directed to terminate the responsible account. You agree to cooperate in any such efforts. Content or communications seeking to solicit, lure or entice minors into sexual activity or lewd behavior is also strictly prohibited, and will be treated the same as, or similar to, child pornography, consistent with applicable law. You agree to cooperate with The Constant Company in any effort to investigate, disable or remove such content originating with Your end-users. Consistent with federal law, The Constant Company will cooperate with law enforcement authorities and will notify such authorities if it suspects that You or any of Your downstream customers or end users are engaged in any such illegal activities.
6. In accordance with the reporting requirements of 18 U.S.C. § 2258A, We will report to the CyberTipline (www.cybertipline.com) any actual knowledge of apparent violations of 18 U.S.C §§ 2251, 2251A, 2252, 2252A, 2252B, 2260, or 1466A. If You suspect any instances of child pornography appearing on sites hosted by The Constant Company, We encourage You to send such reports to our abuse address [email protected] (customers will be copied on all reports related to their account). Please include the file name and/or URL (or other location on the customer's site), victim (if known), date of birth, date of production, and any other information about the suspect image(s). Do not send the image(s) in question. Alternately, You may use the CyberTipline to report suspected child pornography. Reports involving sites not hosted by The Constant Company should be directed to law enforcement or to a cooperating child pornography organization such as: https://www.asacp.org/index.php?content=report.
7. We respect the intellectual property rights of all parties and have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act. Copies of Our Repeat Infringer Policy are available on request to our clients.
8. Section 230 Notice: You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material on Your site. You agree not to allow minors to view any such site, and agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), you are hereby informed that you can research such services at websites, such as www.asacp.org. Please note that this Site makes no representation or warranty regarding any of the products or services referenced on such sites, and recommend that the user conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing this site if Your computer can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site from being displayed or accessed by Your children or wards.
  Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that The Constant Company operates as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of Your content (including third-party content published on Your website(s)). We do not create such content, and We are not responsible for the publication of remarks or communications of You or third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows The Constant Company to remove any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our immunity status as an interactive computer service. Nothing contained in this paragraph is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act. In the event that any court finds that any third party communication or third party content hosted by us falls outside of the realm of the immunity provided by the CDA, this shall not be deemed to be a waiver of any legal protections provided by Section 230 for any and all other content posted on our Website or hosted via our Services.
9. Specific Requirements for Service Provider and User-Generated Content Subscribers
  
  If You use Our Services for any site, sub-domain, page or business model that allows Your end users or customers to control or upload material to Internet space assigned to You by Us, You shall be deemed to be acting as a "Service Provider" with respect to such services and/or customers. Service Providers include but are not limited to Clients which; a) resell bandwidth as hosts to third parties; b) operate user-generated content sites such as forums, "tube" sites, review sites, and online classified advertising sites; c) operate search engines; or d) operate peer-to-peer file sharing networks. Clients acting as a Service Provider for third party users shall comply with the following provisions:
  
  • You shall notify Us of all domains, web pages or IP addresses for which You are acting as Service Provider.
  
  • You shall comply with 17 U.S.C. §512 of the DMCA by properly designating an agent for receipt of copyright infringement notices, and You shall publish a link on the home page of any website for which You are a Service Provider to a DMCA Notice and Takedown Policy, identifying the website's designated agent and associated contact information.
  
  • You shall provide Us with a current link to Your DMCA Notice and Takedown Policy and further advise Us of any changes to Your Designated Agent contact information. This shall be a continuing obligation for as long as You use Our Services.
  
  You shall provide Us with a current link to Your DMCA Notice and Takedown Policy and further advise Us of any changes to Your Designated Agent contact information. This shall be a continuing obligation for as long as You use Our Services.
10. In keeping with Our DMCA policies and obligations set forth above, You understand, agree, and expressly allow Us to access and subsequently disable public access to any files or data residing on the server, disk, partition, or other data space under Your control as Our customer when such files or data, in Our discretion; 1), have been identified in a substantially compliant DMCA notice under 17 U.S.C. § 512; or 2) when We become aware of facts or circumstances indicating that such files or data are infringing on the copyrights or other intellectual property rights of third parties. Given that Our customers may employ various methods of securing files in conjunction with Our Services, and in an attempt to avoid material disruption of Our customers' Services, You agree that You will provide Us with Your preferred procedure for disabling access to material identified under this provision. If We forward You a substantially compliant DMCA Notice and which concerns content under Your control, You are obligated under this Agreement to immediately disable or remove access to such content. Irrespective of the above, We reserve the right to disable or remove access to such content, in Our discretion, and without claim of damage or injury by You. While We will attempt to simply disable access to such content without fully deleting it, or suspending all services to your account, We make no warranties concerning harm or injury to the content, and reserve the right to take any necessary actions to disable access to the identified material, including suspension or termination of Services. It is therefore in Your best interest to promptly respond to any DMCA Notices You may receive. Should You or Your website's users feel that such DMCA Notice was erroneously or improperly sent, You must follow the Counter-Notification procedure set forth above, and wait the required period of time, before We allow public access to the content to resume.
11. Nothing contained in this Section, or any part of this Agreement, shall constitute legal or professional advice regarding any matter referenced therein. You are responsible for obtaining your own legal advice regarding compliance with any and all applicable laws or regulations.
Zero Tolerance Spam Policy
1. You agree to comply with The Constant Company's Anti-Spam Policy which may be found at https://www.constant.com/legal/antispam_policy/ and which is hereby incorporated by reference as an indispensable part of this Agreement. Use of The Constant Company's services for any illegal spam activities is strictly prohibited.
2. The Constant Company reserves the right to modify the Anti-Spam Policy at any time by posting the modified policy on its web Site. You agree to monitor The Constant Company's home page for any changes to the Anti-Spam Policy. Your continued use of the Services after the effective date of any changes to the Anti-Spam Policy constitutes Your manifestation of intent to be bound by such changes.
Payment
1. Payment for Services is due in advance of the time period for which such payment covers. Services are billed on an automatic and recurring basis unless and until you follow The Constant Company's cancellation procedure set forth in this Agreement.
2. Unless separately negotiated by You and Us, and confirmed by separate written agreement, the initial and recurring Fees for the Services selected by You shall be as provided in the initial on-line order form. All set-up fees and special programming fees are non-refundable. Fees for Services are payable in advance. Failure to make payment of Fees for Services when due may result in the suspension or termination of Services.
3. At the time of registration, You must select a payment method. The Constant Company reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. If You do not pay all Fees when due, Your account will be deemed past due. For any past due Fees, The Constant Company will charge You interest at one and one-half percent (1.5%) or the highest rate allowed by applicable law, whichever is lower, per month of the unpaid amount, until paid.
4. You agree to pay any and all taxes, including personal property, value added, or sales taxes, resulting from Your use of the Services. The Constant Company is not responsible for any bank fees incurred by You due to Your use of check cards, automatic payment services, insufficient funds, and any and all other fees your financial institution may impose due to Your use of the Services. If The Constant Company should receive less than full payment of the Fees due to taxes, bank charges, transfer fees, or the like, The Constant Company will invoice You for the difference between payment received and the Fees due.
5. You also agree to pay all attorney and collection fees arising from The Constant Company's efforts to collect any past due Fees. If you cancel any Service prior to the expiration of the pre-paid Fees, You understand and agree that The Constant Company will not issue You any refund whatsoever, including but not limited to any remaining pre-paid Fees, set up Fees, and/or special programming Fees.
6. Coupons and Discount Codes – From time to time, The Constant Company may offer coupons or other discount codes which may be used when signing up for hosting with Us. Coupons and discount codes are for first-time customers of The Constant Company and must be used at the time of Your initial purchase with Us – they may not be applied after Your service with Us has already been initiated. Unless expressly provided, such coupons and discount codes may not be used toward upgrades to Your account. Any account We deem to be attempting unauthorized coupon or discount code use may be subject to Termination for Cause.
Back Ups & Data Loss
1. You agree that Your use of The Constant Company's Services is at Your own risk, and that The Constant Company is not liable for any data loss in connection with its Services. You are solely responsible for creating backups of Your Content. If, during Our own routine maintenance, We do create a backup of Your Content which You later request Us to restore to Your account, We cannot guarantee that we will be able to do so, or that Your Content will be unharmed as a result of the initial data loss or the subsequent restore procedure. To that end, We highly recommend that You establish Your own routine backup procedure and that You periodically test restoring files from Your backup media to ensure that You are making viable backups.
2. Should you wish for The Constant Company to provide you with routine backup service, in addition to the Services provided under this Agreement please contact Us. We offer many different backup solutions as an add-on service to Our regular Services, and all such services are provided through a separate, written agreement.
Usage & Security
1. The Constant Company does not impose hard set limits on each account's system resources. We do not actively disable accounts until they greatly exceed an acceptable level of usage. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. The Constant Company will advise You of a temporary block placed on any account found to be consuming an inordinate amount of system resources, to the point of degrading overall system performance.
2. Except where expressly permitted by law, You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from the Site and/or Materials. You hereby agree not to use any automatic device or manual process to monitor or reproduce the Site or Materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage Our Services and Site or any communications on it. If You do not adhere to this provision of this Agreement, in addition to monetary damages and other remedies available to The Constant Company, You hereby agree to pay liquidated damages of $5000.00 plus any and all fees associated with recovery of these damages, including attorneys' fees and costs.
3. SECURITY Any violation of the security to the Site and/or Services is prohibited and may result in criminal and civil liability. Unauthorized Access of the servers used to provide the Site, Services, and/or Materials (the "Servers") is strictly prohibited and is a violation of this Agreement and the AUP per Section 6 of this Agreement. You agree not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware and software, compromising the Servers, or for any other unauthorized use commonly known as "hacking." In addition, You are prohibited from the following:
4. FAIR USE POLICY We provide specific Services to our Clients and define normal, fair, and reasonable use in terms of our The Constant Company Virtual Private Servers as use that is consistent throughout any given billing period. We expect regular usage patterns from individual component machines and the client solution as a whole. Should we at our sole discretion determine a Client is not using this Service as defined under this Fair Use Policy, we may take actions to mitigate negative impact to Service delivery systems including but not limited to the following:
  
  1. Rate-limit the data the Client may send and/or receive from the individual machine to the entire solution level
  
  2. Adjust pricing to a standard bandwidth rate (market-dependent)
  
  3. Suspend or terminate Service to any or all Client machines

Uptime Guarantee
1. The Constant Company will offer You a Service Level Agreement ("SLA") guaranteeing certain availability of Our Services. If applicable, the terms of any such SLA were separately negotiated between You and Us, and such SLA, if any, is hereby incorporated by reference as an indispensable part of this Agreement.
  To be eligible for any credits to Your account, You must follow the specific procedures set forth in the SLA for notifying Us of Your desire for credits. You understand and agree that the failure to follow the procedure in the SLA within three (3) days of the triggering event will result in Your waiver of any right to receive credits.
Price Change

The amount You pay for hosting will never increase during a specific term or time period for which you have signed up for Our Services. We reserve the right to change prices listed on constant.com at any time, without notice, and the right to modify the amount of resources given to plans at any time. Additionally, if we terminate this agreement without cause pursuant to paragraph 3.2 of the Agreement, You understand that if We agree to provide Services to You in the future, the amount You paid under any prior term or time period is not determinative of the amount You pay should We provide Services to You again. It is Your responsibility to check Our website for plan or price changes should You wish to take advantage of plan or price changes which may have occurred. The Constant Company does not automatically update Your plan. All upgrades or downgrades will be performed at Your request and may include modification fees or require reinitiating service with Us.
Indemnification

You agree to defend, indemnify, and hold The Constant Company and its Affiliates harmless from and against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from (a) any breach of Your covenants under this Agreement; (b) Your use of the Services; (c) any defamatory, libelous or illegal material contained within Your Content or Your information and data; (d) any claim or contention that Your Content or Your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; (e) any third party's access or use of Your Content or Your information and data; (f) any violation of the applicable Acceptable Use Policy. In the event of a claim under this section, The Constant Company shall be permitted to select legal counsel to provide a defense to such claim. The Constant Company reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from You, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of The Constant Company, which shall not be unreasonably withheld.
No Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. THE CONSTANT COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OTHER THAN AS SET FORTH IN PARAGRAPH 11, THE CONSTANT COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE CONSTANT COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. ANY STATEMENTS MADE REGARDING SUCH MATTERS IN PROMOTIONAL MATERIALS SHALL BE CONSIDERED ADVERTISING REFERENCES, AND NOT WARRANTIES. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

THE CONSTANT COMPANY MAY MAKE THIRD-PARTY GOODS, SERVICES AND/OR SOFTWARE AVAILABLE TO YOU THAT ARE NOT PART OF THE SERVICES ("THIRD-PARTY SERVICES"). THE CONSTANT COMPANY HAS NO CONTROL OVER THE CONTENT OF THIRD-PARTY SERVICES. USE OF ANY THIRD-PARTY SERVICES WILL BE AT YOUR OWN AND SOLE RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF A SEPARATE AGREEMENT BETWEEN YOU AND THE THIRD-PARTY.

THE CONSTANT COMPANY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CONSTANT COMPANY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY MARKETING OR PROMOTIONAL MATERIALS DESCRIBING THE SERVICES ON THE CONSTANT COMPANY'S WEBSITE.

UNLESS OTHERWISE AGREED TO IN WRITING, THE CONSTANT COMPANY DOES NOT MAKE A BACK-UP OF YOUR SITE(S) AS PART OF THE SERVICES. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE A BACK-UP OF YOUR SITE(S) ON A REGULAR BASIS.
No Warranties

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER OPERATION OF YOUR WEB-SITE AND/OR CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. IN NO EVENT SHALL THE CONSTANT COMPANY BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR OPERATION OF YOUR WEB-SITE AND/OR BUSINESS OR FAILURE TO OPERATE YOUR WEB-SITE AND/OR BUSINESS.

THIS SECTION APPLIES TO ALL CLAIMS BY YOU OR YOUR END USERS IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING THE CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, AND/OR MISREPRESENTATION.

REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL THE CONSTANT COMPANY, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE ON THE SERVICES ("AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (A) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (B) FOR LOSS OR INACCURACY OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, FOR BUSINESS INTERRUPTION OR SIMILAR ACTION, EVEN IF THE CONSTANT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL AGGREGATE AND MAXIMUM LIABILITY OF THE CONSTANT COMPANY AND THE AFFILIATES, ARISING FROM OR OTHERWISE RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO THE CONSTANT COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION.
No Warranties
1. Jurisdiction, Venue, and Choice of Law. This Agreement and all matters arising out of or otherwise relating to this Agreement shall be governed by the laws of the State of Florida, excluding its conflict of law provisions. The parties hereby submit to the personal jurisdiction of the state and federal courts of Orange County, Florida in the event litigation permitted under this Agreement is initiated. Exclusive venue for any litigation permitted under this Agreement shall be with the state and federal courts located in Orange County, Florida.
  The parties agree that this choice of venue, jurisdiction, and forum as set out in the following parts of this Agreement is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in jurisdiction other than that specified in this Section.
  
  All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this Agreement whatsoever.
  
  Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in this Agreement.
2. Arbitration. If there is a dispute between the parties arising out of or otherwise relating to this Agreement, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party shall submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker's compensation law, unemployment insurance claims, intellectual property claims, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in Orange County, Florida and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce. Except as provided below, the party bringing the action shall be responsible for paying all costs for arbitration, including the arbitrator's fees. Each party shall bear its own attorneys' fees (except if the matter is for the collection of a debt owed, the prevailing party shall be awarded its attorneys fees, all arbitration costs and arbitrator fees, in addition to all other applicable remedies). The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement, and shall be bound by governing and applicable law. The arbitrator shall be willing to execute an oath of neutrality. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
3. Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither this Agreement nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by You.
4. Severability. If for any reason a court of competent jurisdiction or arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
5. No Waiver. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision, and no waiver of one breach will constitute a waiver of subsequent breaches of the same or of a different nature.
6. Complete Agreement. This Agreement (including all other policies incorporated herein) constitutes the entire agreement between the parties with respect to the Services, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of both parties.
7. Relationship Between the Parties. The Constant Company is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties.
8. Non-Solicitation. Beginning upon commencement of the Services to You and continuing for a period of two (2) years after the termination of this Agreement or after any other cancellation or termination of Your account or Services with Us, You agree not to directly or indirectly, solicit, hire, contract, or otherwise employ any The Constant Company employee who was an employee during the term of this Agreement (including the Initial Term and any successive terms), to work for You or any other firm, person or business, of whatever character, corporate or otherwise.
9. Headings. Section and subsection headings of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.
10. Force Majeure. The Constant Company shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including but not limited to: acts of God; war, riot, embargoes, acts of civil or military authority, or terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software for so long as such event continues to delay The Constant Company's performance.
11. Export. You understand and acknowledge that the software elements of the Host Materials may be subject to regulation by agencies of the U.S. Government, including the U.S. Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. You will not assist or participate in any such diversion or other violation of applicable U.S. laws and regulations. You warrant that You will not license or otherwise permit anyone not approved to receive controlled commodities under applicable U.S. laws and regulations and that You will abide by such laws and regulations.
12. Complaints – California Residents: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at: https://www.dca.ca.gov/consumers/complaints/consumer.shtml.
13. Government Rights. The software elements of the Host Materials have been developed at private expense and are "commercial computer software" or "restricted computer software" within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (i) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (ii) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense.
14. Notices Electronic Communications. All notices permitted or required under this Agreement may be sent by e-mail, express mail, mail, or registered mail to the e-mail address, or address most recently provided by You and will be effective upon transmission. Evidence of successful transmission shall be retained. Each of the parties may communicate with the other by electronic means as described in this Agreement. Each of the parties agrees to the following for all electronic communications: (i) The user identification of a sender, contained in an electronic communication, is legally sufficient to verify the sender's identity and the communication's authenticity; (ii) An electronic communication sent by You containing Your user identification establishes You as its originator and has the same effect as a document with Your written signature on it; and (iii) An electronic communication, or any computer printout of it, is valid proof of the validity of the original document of the electronic communication.

Last modified: February 2, 2021

Privacy Notice

This Privacy Notice (“Notice”), together with our cookie policy and other relevant legal notices posted on our website at www.vultr.com, describes how The Constant Company, LLC and its affiliates (collectively, “Vultr”, “we”, or “us”) collects, stores, uses and discloses personal data (i.e., personal information) from and about you (“Customer”, “you(r),” or “User”) in connection with our Services, as defined in our posted Terms of Use. (together with all our posted policies and disclosures, the “Terms”). As an initial matter, please note as follows:

This Notice does not apply to personal data in your User Content (as described in our Terms) such as on websites or other online services you host using our Services; in that context we operate solely as a data processor (i.e., service provider) subject to a Data Processing Agreement under our Terms.
You must accept our binding Terms in order to use our Services, and are strongly encouraged to read them in addition to this privacy policy.

1. How We Collect Information

We may collect information about individuals by various means, including: (1) directly from Users, both online (e.g., the Services) and offline (e.g., phone); (2) through automated means when Users use our Services; and (3) from third party sources, and from social media platforms that individuals may use to engage with us, for the purposes provided below and to supplement information we already possess.

2. Categories of Information We Collect

Some of the information we collect through or in connection with the Services is known as personal data, which generally means information that identifies an individual, and other information we associate with it. We may collect such information about you directly from you, from third parties, or automatically through your use of our Services. These categories are described in more detail below.

(A) Information you provide

In order to access or use certain portions or functionality of the Services, or otherwise in conducting business with us or seeking to conduct business with us, you may be prompted to provide certain personal data to us in the following ways:

Persons who subscribe to our Services will be prompted to provide their name, physical address, e-mail address, phone number and necessary billing information. Within a registered Account (defined in the Terms), you may also provide additional profile information, user preferences, notification preferences and other such information.
You may provide personal data when filling in forms (for example, a 'Contact us' form), completing voluntary surveys, or otherwise interacting with us through online or offline communications. Persons who sign up for newsletters or other communications regarding our Services will be prompted to provide their e-mail address.
Prospective and current suppliers and subscribers, at a trade show or anywhere else we conduct business, when downloading documentation from our Services, by corresponding with us by phone, e-mail or otherwise providing contact details, or engaging in any business transaction with us. In these cases, typically, the personal data you provide may include name, business affiliation and job function, business contact information (physical address, phone number, email address), and any other personal details required for legal/compliance purposes or to resolve any inquiries or complaints. This personal data is required to enter into a contract with you (such as in anticipation of a supply agreement, or to learn about our Services) or to perform a contract with you (such as to provide Services), and failure to provide any information may result in our inability to provide requested Services or products.

(B) Information we collect automatically

When you use our Services, our servers and software tools we use will automatically collects certain browser- or device-related information, including but not limited to: your domain, IP address, device identifier, date/time and duration of your visit, browser type, operating system, page visits, information referred to us from third parties, other technical information about your computer or device, and internet traffic activity.

In some cases this information constitutes personal data under US Privacy Laws, although we do not use this information to try to identify you by name, and we do not associate it with the information you provide voluntarily, as detailed below.

Our Services use cookies and similar technology tools as further described below and in our cookie policy at https://www.vultr.com/legal/cookie-policy/.

You can click on the “Your Privacy Choices” link in our website footer to opt-out of third party targeting cookies. In addition, we endeavor to process “Global Privacy Control” (GPC) signals from web browsers by automatically opting-out such visitors from third party targeting cookies, although GPC technology is not fully developed and it is not yet supported by all browsers.

In general, we and our third party service providers use cookies and other tracking mechanisms, including those designed for mobile applications, to track information about your use of our Services. In some instances we may combine this information with other personal data we collect from you (and our third party service providers may do so on our behalf). Additional information about such technology and how we use it is provided below

Cookies. Cookies are alphanumeric identifiers transferred to and stored by your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Services, including for online advertising purposes.
Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can adjust your browser options to block them in the future. Users of our Services who disable cookies will be able to browse certain areas of the Services, but some features may not function correctly.
Clear GIFs (a/k/a. web beacons, web bugs or pixel tags). Clear GIFs are tiny unobtrusive graphics that appear invisible on web but trigger a browser call to a third party server that enables us to track User activities on the Services, better manage our content, and monitor Services metrics (such as page views and the performance of advertising campaigns directing traffic to certain website pages). We and our third party service providers may also use this technology in HTML emails to track email read and response rates, and track whether such emails are forwarded.
Third Party Analytics. We use certain third party performance tools such as Google Analytics to evaluate usage of our Services and help us improve our services, performance, and user experiences. These entities may use cookies and other tracking technologies to perform their services. To learn more about Google’s privacy practices, please review the Google Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.
Third-Party Ad Networks We may use third parties to serve advertisements on third-party websites or other media (e.g., social networking platforms). This enables us and these third parties to target advertisements to individuals regarding products and services they may be interested in. Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information, including personal data , about you.

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members. Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Services or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.

(C) Information from other sources

We may also receive information about you from third party sources, such as fraud and risk scoring from businesses like MaxMind, Kount, and ZoomInfo. We may also obtain information from social media platforms that individuals use to engage with us.

3. How we use your information

We may use your personal data as permitted or required by law for the following purposes:

To provide our Services to you, to communicate with you about your use of our Services, to respond to your inquiries, to fulfill transactions, provide you with documentation or communications you requested and for other customer service purposes (e.g., sales, technical or billing support, or responding to queries or complaints);
To tailor the content and information that we may send or display to you, such as displaying information on your use of our cloud services, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Services;
To administer and manage performance of purchase or sales agreements with our suppliers and customers;
To operate the Services including to evaluate, maintain, monitor performance, troubleshoot, improve and develop the Services (including by monitoring and analyzing trends, access to, and use of the Services to engage in advertising and marketing activities);
For marketing and promotional purposes, for example, we may use your email address to send you news and newsletters, special offers, promotions, or to otherwise contact you about products or information we think may interest you;
To better understand how users access and use our Services, both on an aggregated and individualized basis, in order to improve our Services and respond to user desires and preferences, and for other research and analytical purposes;
To administer surveys and questionnaires;
To protect and ensure the quality, security integrity and safety of the Services, our business operations, and our confidential and proprietary technology and information;
To prevent, detect, investigate, and address actual or suspected fraud, violation of law or our Terms, claims and other liabilities, or any threat of physical or financial harm to u, our staff or any other individuals or entities; and
As may be otherwise disclosed at the time of collection.

We also use non-personal or de-identified data, such as that collected automatically or aggregated from our data sources, for research and development activities, analytics purposes, or for marketing and other purposes. Such de-identified data is not subject to this Notice.

4. Notice Regarding Use of Our Community Forum and Internal Messaging

Any personal data provided in portions of a user profile, member directory, or other related Services that you set as public is directed to the public and should be deemed generally available to the public. We do not, cannot, and will not act to maintain the privacy of any personal data that you provide publicly in any such forum or medium.

Likewise, any internal messaging or community forum we make available for Users (such as for discussions regarding the Services) should not be considered secure or confidential and any personal data you directly share in such a forum is not considered private information. You must use caution when sending any personal data through such forums, and not transmit anything you do not want disclosed to the general public.

5. How We Disclose Your Information

We may share your information, including personal information, as follows:

We may share your personal data with service providers that we believe need the information to perform a technology, business, or other professional function for us (examples include providers of IT infrastructure, payment processing, fraud detection, marketing and analytics services, professional services such as accounting or legal counsel, and other companies that work with us to improve or provide our Services). We only provide such data so they can perform their required functions on our behalf, and our agreements generally obligate them to comply with applicable privacy laws, keep the data safe and secure, and not use the data except for purposes provided. If you have an independent relationship with any such third party service provider, their use of your data may be governed by their independent relationship with you, and we are not responsible for such use;
We may share your data among our legal affiliates so they can support aspects of our Services or engage more broadly with those who may be interested in other products or services;
To comply with any laws, regulations or valid governmental or legal demands for such data, including in response to any criminal, civil, or administrative process, discovery request, subpoena, court order, writ, or other demand by authorities, private-party litigants, or other persons or entities that we believe to have the legal authority to obtain such data;
As necessary to identify, contact, report or bring legal action in regard to violation of our Terms or other user policies such as out Acceptable Use Policy;
To protect ourselves, our business partners and customers, or the general public. For example, we may, where appropriate or required, disclose personal data to law enforcement in the event that a suspected or confirmed crime;
In connection with the potential or actual sale of our company or any of our assets, or those of any affiliated company, in which case personal data held by us about our users may be one of the transferred assets; and
To the extent permitted by law and as described herein, we may share limited identifying information with advertising and analytics partners, subject to any required consents and respecting any required opt-in or opt-out rights provided by applicable laws.
All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the text message services.

Where appropriate, we will limit sharing of your personal data in accordance with the choices you have provided us and applicable law.

6. Marketing Communications

Where lawful to do so, and subject to your consent where required, we may communicate with you by e-mail, including to inform you about our products and services. If you wish to opt-out of receiving marketing communications, please use the 'unsubscribe' link provided in our emails. If you are a subscriber to our Services, we may send you periodic announcements including the details of our existing and new programs. You may opt out of these announcements by filling out the form at https://www.vultr.com/unsubscribe/ or by clicking the opt-out link at the bottom of such emails. If you opt out of marketing emails, you may still receive administrative or system emails and other notices specifically related to your Account.

7. How to Access or Modify Your Information.

We offer our Registered Users the ability to access or modify personal information by logging into your Account and going to your profile page. If you need further assistance for such changes, please contact our Customer Service Department as directed at https://www.vultr.com/contact/.

If you reside in certain states or international jurisdictions, you may be entitled to exercise additional rights with respect to your personal data. Please see the next two sections for more information.

8. State-Specific Privacy Rights

(A) State specific Privacy Policies are outlined in the US Privacy Policy

This Section is provided specifically for California, Virginia, Connecticut, Colorado, Delaware, Utah, Iowa, Indiana, Tennessee, Oregon, Montana, and Texas. In addition to the disclosures provided in this Policy, (if you are a resident after January 1, 2024) you can exercise certain additional rights regarding your Personal data:

You may request a copy of the following: (1) the categories of personal data we collected about you; (2) the categories of sources from which the personal data is collected; (3) the business or commercial purpose for collecting or selling (if applicable) the personal data; (4) the categories of third parties with whom we shared personal data, and the categories of personal data shared; and (5) the specific pieces of your personal data that we have collected, used, disclosed, or sold.
You may request that we (and our service providers) correct your personal data if it is inaccurate or delete your personal data. Note that deletion requests are subject to certain limitations, for example, we may retain personal data as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, to process transactions and facilitate customer requests, and for certain other internal business purposes described in this Notice.

If you have an Account with us, you may access and change certain personal data (such as profile and transaction information) directly through your Account after logging in to the Services. Otherwise, to request a copy of personal data we have collected about you, to request a correction of your information, or to request that the your information be deleted, please contact us as provided at https://www.vultr.com/contact/. You may authorize another person (your “agent”) to submit a request on your behalf the same way. Shortly after you (or your agent) submit a request, we will check our records for matching information and contact you (via email at the email address provided during submission of your request) with instructions on how to verify the request before we fulfill it. We will aim to complete your requests as soon as reasonably practicable and consistent with any applicable laws. Note that you can access and update Account information, or opt out of email marketing, as provided above.

You also have the right at any time to opt out of (i) selling or sharing of your personal data to third parties, and (ii) targeted advertising through third parties. We do not transfer your personal data to third parties in exchange for money but information may be shared with certain third party advertising partners for our targeted advertising purposes, specifically, limited identifying information may be shared with such partners through targeting cookies or other means.

You can click on the “Your Privacy Choices” link in our website footer to opt-out of third party targeting cookies. As noted above, we also endeavor to process GPC signals from web browsers by automatically opting-out such visitors from third party targeting cookies, although GPC technology is not fully developed and it is not yet supported by all browsers.
Other than with respect to such targeting cookies, you can contact us at https://www.vultr.com/contact/ as provided above to exercise your opt-out rights.

Privacy laws may provide you with other opt-out rights which are inapplicable to us. In particular, we do not engage in impactful profiling activities with respect to Users, and we do not collect, use or disclose sensitive personal data (such as government identification number, precise geolocation, financial account credentials, etc.) except for the specific purpose(s) that you provide it.

We may not, and will not, discriminate against any individual for exercising their privacy rights, including those provided by the applicable privacy laws. Please note that we may otherwise continue to share your personal data with our affiliates and service providers, and as otherwise directed by you, for the purposes described in this Notice.

If we deny a privacy request, you may appeal the decision to us at the contact information provided below. To the extent possible, please describe the basis for your appeal and if there is any specific personal data that concern you. We will endeavor to provide a prompt response. If we deny your appeal, you can raise concerns with your state’s Office of the Attorney General.

(B) Residents of California Only

This Section is provided specifically for California residents.

Financial Incentives. We do not generally provide a loyalty program or other financial incentive in return for the collection or use of personal data. On some occasions we may engage in a limited-time marketing event, promotional offer or discount on fees that includes a registration or other collection of personal data, and we will disclose the benefits and terms of that promotion at the time of collection.
Privacy rights requests for non-customers.

California privacy rights apply to all individuals (not just website visitors or Registered Users), including job applicants, current and former employees, contractors and business partners. Job applicants may provide contact information and resume-related information (e.g., past education and experience) as well as complete relevant background checks. Employees receive internal privacy disclosure relevant to them. Contractors and business partners provide business contact information and payment- related information as necessary to facilitate a prospective or actual business relation. Due to the nature of these relationships, the precise collection and use of personal data can vary.
All such individuals who are California residents can request additional information about our privacy practices with respect to their information, as well as make the access, deletion, correction and opt-out requests described above, by contacting us at [email protected]. Please provide sufficient information that we can identify you, and be aware that we may employ a more extensive authentication process to verify your identity before responding to your request.

Do Not Track. Do Not Track (DNT) is a privacy preference you can set in most browsers but there is no standard interpretation or practice for responding to DNT signals (see https://allaboutdnt.com/ for more information), and we therefore handle all user information consistent with this Notice. We do endeavor to support browser GPC signals as discussed above.
Direct Marketing. We do not share personal data such as your contact information with third parties for their own direct marketing purposes.
California Minors. As stated above, our Services are intended for a general audience and not directed toward children or those who cannot enter into binding Terms with us. In the event a California resident under the age of 18 has posted information to a public-facing forum we offer, the individual may contact us as directed below to request that we remove or anonymize such content to the extent required by California law.

(C) Nevada residents

Please note that we do not sell personal data as defined by Nevada law (Nevada Revised Statutes, Chapter 603A, Section 1.6), but you can submit a request to us as directed below regarding the sale of such information.

9. International Notices

This section is specifically intended for individuals residing outside of the United States (“US”). This includes residents of the European Economic Area ("EEA") including the European Union ("EU"), the United Kingdom ("UK"), Switzerland and other relevant jurisdictions with respect to privacy and data protection laws applicable to us.

(A) Legitimate Bases for Processing

Where required by law, all processing of personal data is justified by a legally-recognized basis for processing. In the majority of cases, processing will be justified on one or more of the following bases for processing:

The processing is necessary to perform a contract with you (such as if you subscribe to our Services) or take steps to enter into a contract at your request (such as to fulfill an order), or to provide product information you have requested;
The processing is necessary for us to comply with a relevant legal obligation, such as keeping accounting records;
The processing is in our legitimate interests, which are not overridden by your interests and fundamental rights. Our legitimate interests are to use subscriber, website user, supplier and customer data to reasonably and responsibly conduct and develop our business activities without abusing any privacy interests or rights of such individuals; and
In some instances, we rely on your consent to our processing (at times as a secondary basis for processing in an abundance of caution).

(B) Transfer of Personal Data

If you are in the EEA/EU, the UK, Switzerland or another jurisdiction that has imposed specific legal requirements regarding the lawful transfer of personal data from that jurisdiction to another country (e.g., the US), to the extent that we engage in such a transfer of your personal data (a “Cross-Border Transfer”) we will take steps to ensure that such Cross-Border Transfer satisfies applicable legal requirements. In particular:

If we transfer personal data to a jurisdiction deemed by relevant regulatory authorities to provide adequate protection for personal data, we will rely on such adequacy decision, as applicable; and
If we transfer personal data to a jurisdiction that is not recognized under such an adequacy decision, we will take steps to conduct the Cross-Border Transfer using other legally-valid mechanisms, such as by entering into data transfer agreements with standard contractual clauses ("SCCs") among our affiliates and with relevant service providers, in any necessary supplementary safeguards. We currently rely on SCCs for Cross-Border Transfers to the US, and are monitoring evolving laws and regulatory developments to assess if and when alternative or supplemental measures are available or necessary.

For more information about the mechanism under which your personal data may be subject to Cross-Border Transfers, please contact us at [email protected].

(C) Exercising Your Privacy Rights

Residents of certain jurisdictions are entitled to exercise certain rights under privacy laws applicable to their personal data. The rights described below are, for example, applicable to residents of the EEA/EU, Switzerland, UK, Brazil and other jurisdictions with laws similar to GDPR.

Right to withdraw consent - to the extent we rely on consent for the collection, use or disclosure of your personal data, you have the right to withdraw your consent at any time. For example, if you wish to opt-out of receiving electronic marketing communications, you can change available settings in your Account, use the 'unsubscribe' link in our emails, or contact us directly.
Right of access, rectification, and erasure - you have the right to request access to and obtain a copy of your personal data that we maintain, to request correction of any inaccurate data about you, or request the deletion of your personal data. We will fulfill these rights consistent with legal requirements and guidance as to our obligations. Note that in many respects you can access and correct much of your personal data directly by logging into your Account.
Data portability - o the extent we rely (as the legal basis for processing) upon your consent, or our processing is necessary to perform a prospective or actual contract with you , and personal data is processed by automatic means, you have the right to receive the personal data which we received in a structured, commonly-used and machine-readable format, that can be transmitted to another party where technically feasible.
Right to restriction of processing - you have the right to restrict our processing of your personal data where:
- you contest the accuracy of the personal data, until we have taken sufficient steps to correct or verify its accuracy;
- where the processing is unlawful but you do not want us to erase the personal data;
- where we no longer need your personal data for the purposes of processing, but you require such personal data for the establishment, exercise or defense of legal claims; or
- where you have objected to processing justified on legitimate interest grounds (see below), pending verification as to whether we have compelling legitimate grounds to continue processing.
- Where your personal data is subject to restriction we will only process it with your consent or for the establishment, exercise or defense of legal claims.
Lodge a complaint - You also have the right to lodge a complaint with the supervisory authority where you reside, work or where alleged infringement occurred, if you consider that the processing of your personal data infringes applicable law.
Right to object to processing (including profiling) based on legitimate interest grounds - where we are relying upon legitimate interests to process personal data, you have the right to object to that processing. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or we need to process the personal data for the establishment, exercise or defense of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider requests in this regard on an individual basis.
Right to object to direct marketing (including profiling) - you have the right to object to our use of your personal data (including profiling) for direct marketing purposes, such as when we use your personal data to invite you to our promotional events

Please contact us as provided at https://www.vultr.com/contact/ if you wish to exercise any of your rights, or if you have any inquiries or complaints regarding the processing of your personal data.

10. Security Measures

We maintain commercially-reasonable security measures designed to protect the transmission and storage of personal data, and ensure the integrity and security of our network and systems . This can include technical measures like encryption and firewalls, and organizational measures like security policies and procedures. Nevertheless, we cannot guarantee that our security measures will prove effective in all instances, such as due to sophisticated cyber-attacks. We will make any legally required disclosures in the event of any compromise of your personal data, and to the extent the law allows us to provide such notification via e-mail or conspicuous posting on the Services, you agree to accept notice in that form.

11. Retention of Personal Data

We apply a general rule of keeping personal data only for as long as required to fulfill the purposes for which it was collected including (i) to provide you with our products and services, such as to maintain Account records while active and after termination for the purposes described above, and (ii) as reasonably as necessary for legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.

With respect to marketing (absent other bases for collection or use), we endeavor to only retain personal data for 18 months after your last request for service or we engage in some other form of contact.

12. External Sites

This Notice applies solely to personal data collected by our Services or in the course of our business activities. The Services may contain links to third party websites or services (including social media platforms). Vultr does not control nor is responsible for the privacy practices of those third parties and we encourage you to review the privacy policies of these third parties before using their websites or services.

You may see us promoted by other businesses on various websites, web pages, social media and other platforms. Please note that we do not always have complete information about where our brand may be displayed or promoted, and if you believe that we are featured in venues that are inappropriate or offensive, please contact us.

13. Children

The Services are not intended for use by children under the age of 16 or anyone not of legal age to enter into the binding Terms with us, and Vultr does not knowingly collect, store, share or use the personal data of children under 16 years as a controller. If you are under the age of 16, you may not use the Services or provide any personal data to us. If anyone reports to us that we received personal data concerning any children under the age of 16 we will endeavor to promptly delete all such personal data.

14. Job applicants and other non-Users

Job applicants provide us with personal data as part of an employment application and review process that includes information like the applicant’s name, email, address and the contents of a resume and cover letter. We generally use this information to evaluate the individual for employment with us. Job applicants may provide additional information such as for routine background checks performed by a third party provider of such services. Other individuals we interact with may likewise provide us with contact information or other personal data in connection with our perspective, current or former relationship. We may provide more detailed privacy disclosures and request specific consent to use personal data from any such individuals at the time of collection, and you may exercise privacy rights afforded to you under applicable laws, such as the rights described above.

15. Changes to this Notice

We reserve the right to revise, amend, or modify this Notice and our other policies and agreements at any time and in any manner, subject to applicable laws. You should periodically check for any modifications of this Notice by visiting this webpage and using the 'refresh' button on your browser

When visiting this page, note the 'last modified' data on this Notice. If the 'last modified' date remains unchanged, you may presume that no substantive changes have been made since the last reading of the Notice. A changed 'last modified' date indicates that this Notice has been updated or edited, and the modified version supersedes any prior versions.

16. Contact Information

If you have any questions in relation to this Notice or you wish to exercise any of your rights, please contact us as directed at https://www.vultr.com/contact/.

Last modified: February 2, 2021

The following is Constant.com's Acceptable Use Policy ('AUP'). By using Constant.com's Hosting services ('Services'), you agree to comply with this AUP. You also agree to require your end users to comply with this AUP. Constant.com reserves the right to amend this AUP at any time, with or without notice to you. Constant.com agrees to post any changes to this AUP on the Constant.com's Homepage (located at: https://www.constant.com) and you agree to periodically review this AUP as modified from time to time. You agree to be bound to this AUP, as modified from time to time, every time you use or access the Services.

Pursuant to your Hosting Services Agreement, Constant.com may, at its sole discretion, immediately terminate your access to the Services if your conduct violates (or appears to violate) the AUP. In addition, Constant.com may, at its sole discretion, immediately terminate your access to the Services, if any of your end users violate the AUP.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services (nor will you permit an end user to use the Services) for any purpose that is unlawful or otherwise prohibited by this AUP. You may not use the Services (nor will you permit an end user to use the Services) in any manner that could damage, disable, overburden, or otherwise impair any of the Services offered by Constant.com, or any services offered by a third party, or interfere with any other party's use and enjoyment of any of our Services. You may not (nor will you permit your end users to) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

USE OF SERVICES

The Services are designed to enable you and your end users to communicate with others via the Internet. You agree to use the Services (and to require your users to use the Services) only to post, send and receive messages and material that is proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when you (or your end users are) using a Service, you (and your end users) will not:

Use the Service in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute, traffic or disseminate any defamatory, obscene, or otherwise unlawful content, such as child pornography or virtual child pornography.
Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's property.
Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Service.
Harvest or otherwise collect information about others, including e-mail addresses, except as needed to operate your site and as permitted in your site's privacy policy (if any).
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Host TOR exit nodes.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Network probing or port scanning tools are only permitted if explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited.
Utilizing bots for the purpose of repeatedly and/or automatically acquiring merchandise and anything similar that violates 3rd party ToS that could result in the blocking of Vultr IP space or ASN.

Constant.com reserves the right at all times to disclose any information as Constant.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Constant.com's sole discretion.

Constant.com does not control or endorse the content, messages or information found in any Service and, therefore, Constant.com specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Service.

In the event any instance uses excessive CPU from activities such as cryptocurrency CPU mining, Constant.com reserves the right to limit the CPU available to your instances in order to maintain a consistent level of performance on all our nodes.

TERMINATION/ACCESS RESTRICTION

Constant.com has no obligation to monitor the Services. However, Constant.com reserves the right to review materials posted to a Service and to remove any materials in its sole discretion. Constant.com reserves the right, in its sole discretion, to terminate your access to any or all Services and the related services or any portion thereof at any time, with or without notice, for violating this AUP. Your rights and obligations upon termination of any Service are governed by the Hosting Terms of Service. Upon termination of the Service, your right to use the Service immediately ceases. Constant.com shall have no obligation to maintain any content termination of the Services.

NO SPAM; DAMAGES

Constant.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

NOTICE OF CLAIMED INFRINGEMENT

Constant.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Constant.com's Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

You may send your Notice of Claimed Infringement to:

The Constant Company, LLC
David Gucker
319 Clematis Street Suite 900
West Palm Beach, FL 33401
[email protected]

Please do not send other inquires or information to our Designated Agent.

NOTICE AND TAKE DOWN PROCEDURES

Constant.com reserves the right at any time to implement a 'notice and takedown' procedure upon receipt of any notification of claimed infringement. Constant.com reserves the right at any time to disable access to, or remove any material or activity accessible on or from any site or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.

Our Website, https://www.constant.com, adopts the following Anti-Spam Policy, effective February 2, 2021

PREAMBLE

This Spam Policy pertains to all Websites owned or operated by The Constant Company, LLC (hereinafter "Constant"). Constant.com subscribes to a strict "No Spam" Policy as exhibited and explained by this Policy. Constant.com will not profit from, nor allow anyone else to profit from Spam of any kind. Constant.com will terminate any and all relationships with any entity producing illegal Spam, and Constant.com will cooperate with law enforcement to see to it that illegal spammers are prosecuted to the fullest extent of the law.
1. Who should read and follow this Policy:
  
  If you have any relationship, whatsoever, to Constant.com, you must, as a condition of a continued relationship with Constant.com read and familiarize yourself with this Policy and follow it in its entirety.
2. The Parties addressed in this Policy are:
  
  The Constant Company, LLC d/b/a https://www.constant.com which may also be referred to as "Constant®" OR Constant.com or "We, Us, or Our."
  
  All Affiliates or members of the Website.
  
  Any other Affiliate(s), employee(s), contractor(s), servant(s), or agent(s) ("Affiliate" or "you/your"), of Constant.com. The existence of one of the aforementioned relationships to us neither creates nor implies the existence of another.
ZERO TOLERANCE FOR UNSOLICITED E-MAIL

We consider any dissemination of unsolicited commercial email (i.e., "spam") to be STRICTLY PROHIBITED.

Although federal law allows the dissemination of unsolicited bulk email under certain, tightly regulated conditions, we have elected to impose a stricter, total spam ban policy, for all affiliates and promoters of this website. This means that Members are prohibited from engaging in any bulk email promotions to disseminate their profiles or any other information about constant.com, regardless of how the recipient email addresses are acquired, generated or obtained. This also means that use of opt-in, double opt-in, or any form of email address recipient list is likewise prohibited, regardless of whether such activities are otherwise permitted by state or federal law.

Any violation of this strict Anti-Spam Policy will be grounds for immediate termination and forfeiture of all unpaid commissions or entitlement thereto. We reserve the right to audit and investigate compliance with the Anti-Spam Policy at any time, with or without notice. We are committed to stemming the flow of Spam that is prohibited by law. However, our commitment to eliminating Spam goes much further than what the law requires. Spam, in all its forms, is annoying and burdensome, and is inconsistent with our corporate policies. Consistent with this commitment and our policies, we prohibit types of Spam that have not yet been contemplated by the law, including:
1. Spim or instant messenger Spam;
2. Spamming of internet newsgroups;
3. Spamming on Craigslist or other classified services, except in areas designated for such use;
4. use of any personal service to Spam other members;
5. any other method of Spamming.
INDEMNIFICATION

All affiliates, agents, employees or other promoters using any form of electronic commercial mail promotion in violation of this policy agree to indemnify and hold us harmless from any and all claims, charges, counts, debts, suits or other allegations arising from violations of the Act, or other applicable laws regulating transmission of commercial email. Constant.com shall provide immediate notice of any and all such claims, however the Site shall select its own attorneys to defend such claims, at the sole and exclusive expense of the affiliate, agent, employee or promoter responsible for the alleged violation.
ADDITIONAL INFORMATION

Constant.com may suspend any instance which it believes to be transmitting or is otherwise connected with any spam or other unsolicited bulk email, pending investigation/resolution in cooperation with the account holder.

Any questions or comments regarding this Anti-Spam Policy should be directed to: [email protected].

The Constant Company, LLC (hereinafter referred to as "Constant®") operates the www.constant.com website ("Website"). This cookie policy applies to the Website.

Use of cookies

Our Website use technologies that enhance user friendliness and engagement, to keep the Website operating as smoothly as possible and to provide web services and functionalities for each visitor. Examples of these technologies are cookies, pixel tags, local storage and scripts (hereinafter collectively referred to as "cookies").

Cookies are used for a variety of purposes. For example, they calculate web statistics, provide online adversiting and they improve visitor's experience on our Website. As your privacy is important to us, we would like to inform you about which cookies are used on our Website, as well as why we use them.

We may use the following cookies on our Website:

Functional cookies - these cookies are essential in order to ensure that our Website operates properly. They are used to save preferences, detect misuse of our Website and services and to distribute the load on our servers, which keeps our Website available. Certain services you may request cannot be provided without these cookies.
Web statistics cookies - these cookies are used to determine which parts of our Website interest our visitors. This enables us to make the structure, navigation, and content of our Website as user friendly as possible. These cookies are used to (i) keep track of the number of visitors to our web pages; (ii) keep track of the amount of time each user spends on our web pages; (iii) determine the order in which a visitor visits the various pages of our Website; (iv) assess which parts of the Website need to be changed; and (v) optimize the Website. [Software from third parties (Google Analytics ) may be used for these purposes. Information generated by the use of Google Analytics may be transmitted to and stored on a Google server in the US. Due to activated IP address anonymisation on the Website, Google will mask your IP address before collecting it.]
Social media cookies - our Website may integrate certain third-party plug-ins (such as a Facebook "like" button). Even if you do not click on these plug-ins, they may collect information about you, such as your IP address and the pages that you view. These plugins are governed by the privacy policy of the third party providing them.
Advertising cookies - our Website may also enable third-party tracking mechanisms to collect data over time and across unaffiliated websites for use in interest-based advertising. For example, third parties may use the fact that you visited the Website to send you online ads for The Constant Company products on third party websites. In addition, our third-party advertising partners might use information about you to send you targeted advertisements based on your online behavior in general.
We or our third-party service providers also may use collected information to establish connections among related web browsers and devices (such as smartphones, tablets, computers, and TVs) for targeted advertising, analytics, attribution, and reporting purposes. These third parties may match your browsers or devices if you log into the same online service on multiple devices or if your devices share similar attributes that support an inference that they are used by the same person or household. This means that information about your activity on Website or apps on your current browser or device may be combined with information collected from your other browsers or devices.
Other cookies - this category includes cookies that do not fit into one of the above cookie categories. One example of this is the bundling of several of the cookies via Google Tag Manager.

We may use the following cookies on our Website:

Name cookie	Stored by	Purposes / Data collected	Expiry date
_uetsid	Bing	Marketing. Measure the effectiveness of our online advertising.	4 Hours
MR	Bing	Marketing. Measure the effectiveness of our online advertising.	6 Months
MUID	Bing	Marketing. Measure the effectiveness of our online advertising.	1 Year
IDE	DoubleClick	Marketing. Measure the effectiveness of our online advertising.	6 Months
DSID	DoubleClick	Marketing. Measure the effectiveness of our online advertising.	1 Year
fr	Facebook	Marketing. Measure the effectiveness of our online advertising.	3 Months
_ga	Google Analytics	Marketing. Measure the effectiveness of our online advertising.	2 years
_gid	Google Analytics	Marketing. Measure the effectiveness of our online advertising.	24 hours
_gat	Google Analytics	Marketing. Measure the effectiveness of our online advertising.	1 minute
guest_id	Twitter	Marketing. Measure the effectiveness of our online advertising.	2 Years
personalization_id	Twitter	Marketing. Measure the effectiveness of our online advertising.	2 Years
various	AdRoll	Marketing. Measure the effectiveness of our online advertising.	Various

How to manage cookies

If you do not want our Website to store cookies on your device, you can change your browser settings so that you receive a warning before certain cookies are stored. You can also adjust your settings so that your browser refuses most of our cookies or only certain cookies from third parties. You can also withdraw your consent to cookies by deleting the cookies that have already been stored.

Please be aware that if you do not want to accept any cookies, we cannot guarantee that our Website will function properly. It may be that several functions will be unavailable to you or that you will even be unable to view certain parts of the Website.

Please note that you will have to change your settings for each browser and device you use. Moreover, such methods will not work with respect to certain non-cookie online tracking technologies.

The procedures for changing your settings and cookies differ from browser to browser. If necessary, use the help function on your browser or click on one of the links below to go directly to the user manual for your browser.

There are also software products available that can manage cookies for you. You can also use www.ghostery.com to accept or refuse each cookie used on our Website.

To find out more about cookies, including how to see what cookies have been set and how to manage or delete them, visit www.allaboutcookies.org.

Contact us

If you have any questions about the cookies used on our Website, please contact us https://www.constant.com/contact/.

Policy updates

We may change this cookie policy from time to time by posting the updated version of the policy on our Website. Please check the Website periodically to see any changes.

Last modified: February 2, 2021

The Constant Company, LLC (The Constant Company, we, us) believes it is important that you understand how The Constant Company collects, stores, shares and uses information from and about our Site visitors, subscribers, customers and vendors. This GDPR Privacy Notice (Notice), our cookie policy and other legal notices posted on this website www.constant.com (Site), describes our collection, use and disclosure of personal and non-personal data (i) collected through the Site, or (ii) when you subscribe to, or otherwise use our online services (Services), or (iii) in the course of our business activities conducted elsewhere, whenever we act as the controller of that data and when its processing is governed by the EU General Data Protection Regulation (GDPR). This Notice does not apply to the information collected, stored, shared, or distributed by third-party sites. This Notice may be updated from time to time.

For the purposes of applicable data protection law, The Constant Company is the controller of any personal data collected from you on the Site, through the Services, or otherwise for the purpose of conducting or developing our business with customers and vendors. For the purposes of this Notice, personal data means any information relating to an identified or identifiable person.

Information We Collect Automatically

When you visit our Site, or use our Services, our server automatically collects certain browser or device generated information, including but not limited to:

your domain;
your IP address;
your date, time and duration of your visit;
your browser type;
your operating system;
your page visits;
information from third parties;
other information about your computer or device;
Internet traffic.

In some cases this information constitutes personal data, We do not use this automatically collected information to try to identify you by name, and we do not associate it with the information you provide voluntarily, as detailed below.

Information You Provide

In order to access or use certain portions of the Site or Services, or enjoy the full functionality of the Site or Services, or otherwise in conducting business with us or seeking to conduct business with us, you may be prompted to provide certain personal data to us in the following ways:

Persons who subscribe to our Services will be prompted to provide their name, their address, their e-mail, their phone number, and any other necessary billing information.
Persons who complete registration forms to sign up for membership on our Site will be prompted to provide their e-mail address
Site visitors, and prospective and current suppliers and subscribers, may provide personal data when filling in forms (for example, a 'Contact us' form) on our Site or at a trade show or anywhere else we conduct business; by downloading documentation from our Site; by subscribing to newsletters or other communications; by corresponding with us by phone, e-mail or otherwise providing contact details. In these cases, typically, the personal data you give us may include name, business affiliation, business address, telephone number, and email address, and any personal details required to resolve any inquiries or complaints.

This personal data is required to enter into a contract with you (such as in anticipation of a supply agreement, or to learn about our Services) or to perform a contract with you (such as to provide Services), and failure to provide any information may result in our inability to provide requested Services or products.

Information From Other Sources

We may also obtain fraud & risk scoring data about you from third parties, namely MaxMind and Kount.

Cookies

Our Site uses cookies. More information about our use of cookies can be found in our cookie policy https://www.constant.com/legal/cookie_policy/.

Use of Personal Data

The following is an overview of our purposes for using your personal data. Additional details on how we process your personal data may be provided to you in a separate notice or contract.

All processing and use of your personal data is justified by a "condition" for processing. In the majority of cases, processing will be justified on the basis that:

the processing is necessary to perform a contract with you (such as if you subscribe to our Services) or take steps to enter into a contract at your request (such as to fill an order), or to provide product information you have requested;
the processing is necessary for us to comply with a relevant legal obligation, such as keeping accounting records;
the processing is in our legitimate interests, which are not overridden by your interests and fundamental rights. Our legitimate interests are to use subscriber, Site user, supplier and customer data to conduct and develop our business activities with them and with others while limiting the use of their personal data to purposes that support the conduct and development of our business; or
you have consented to the processing.

We use the personal data we collect to:

provide you with Services you have subscribed for, or otherwise requested;
provide you with documentation or communications which you have requested;
administer and manage performance of purchase or sales agreements with our suppliers and customers;
provide after-sales support;
correspond with users to resolve their queries or complaints;
market our services to persons whose Services have expired or otherwise been cancelled;
engage you about events, promotions, the Site and The Constant Company's products and services;
process, evaluate and complete certain transactions involving the Site, and more generally transactions involving The Constant Company's products and services;
operate, evaluate, maintain, improve and develop the Site (including by monitoring and analysing trends, access to, and use of the Site for advertising and marketing);
to increase your (and other users') experience according to tracked interests, to analyze and target potential new markets, and for other marketing purposes.
protect and ensure safety of the Site, The Constant Company confidential and proprietary information, and The Constant Company employees;
manage, protect against and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of our contract terms or laws or regulations;
share your personal data with third parties in connection with potential or actual sale of our company or any of our assets, or those of any affiliated company, in which case personal data held by us about our users may be one of the transferred assets;

We also use non-personal data and aggregate information, such as that collected automatically, to customize our marketing efforts or to customize the use of our site for an aggregate group of customers.

The Constant Company will not sell or rent your personal data to third parties.

Disclosure of Personal Data

We may disclose personal data about Site visitors, users of our Services, or our suppliers or customers if, in our sole discretion, we believe that it is reasonable to do so, including:

To satisfy any laws, regulations, or governmental or legal requests for such data;
To disclose personal data that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies;
To protect ourselves, our subscribers, and the general public. We specifically reserve the right to disclose any and all information (including personal data) to law enforcement in the event that a crime is committed, is suspected, or if we are compelled to do so by lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.
To cooperate with law enforcement authorities, private-party litigants, and others seeking information about our end users to the extent required by applicable law. Examples of such cooperation include lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.

Transfer of Personal Data

If your personal data is transferred outside the EU to other The Constant Company affiliates or to third party service providers, we will take steps to ensure that your personal data receives the same level of protection as if it remained within the EU, including by entering into data transfer agreements using the European Commission approved Standard Contractual Clauses. The country to which your personal data is transferred, and whether each country benefits from a decision of the European Commission determining that the country provides adequate protection to personal data, is the United States of America. You have a right to obtain details of the mechanism under which your personal data is transferred outside of the EU by contacting [email protected].

The Constant Company reserves the right to share any information that you provide which is not deemed personal data or is not otherwise subject to contractual restrictions.

Children

The Site is not for use by children under the age of 16 years and The Constant Company does not knowingly collect, store, share or use the personal data of children under 16 years. If you are under the age of 16 years, please do not provide any personal data, even if prompted by the Site to do so. If you are under the age of 16 years and you have provided personal data, please ask your parent(s) or guardian(s) to notify The Constant Company and The Constant Company will delete all such personal data.

Marketing Emails

Where lawful to do so, and subject to your consent where required, we may communicate with you by e-mail to tell you about our products and services. If you wish to opt-out of receiving marketing communications, please use the 'unsubscribe' link provided in our emails.

If you are a subscriber to our Services, we may send you periodic announcements including the details of our existing and new programs. You may opt out of these announcements by filling out the form at https://www.constant.com/unsubscribe/ or by clicking the opt-out link at the bottom of these emails. If you opt out of these marketing emails, you may still receive system notices and other information that is specifically related to your subscription account.

Security

We take measures, including data encryption, to protect the transmission of all sensitive end-user information. We make reasonable efforts to ensure the integrity and security of our network and systems. Nevertheless, we cannot guarantee that our security measures will prevent third-party 'hackers' from illegally obtaining this information. We take all reasonable measures to prevent such breaches of security, but given the resourcefulness of cyber-criminals we are unable to guarantee that our security is 100% breach-proof. You assume the risk of such breaches to the extent that they occur despite our reasonable security measures.

Retention of Your Personal Data

We apply a general rule of keeping personal data only for as long as required to fulfill the purposes for which it was collected. In general, we retain your personal data for a period of time corresponding to a statute of limitation, for example to maintain an accurate record of your dealings with us. However, in some circumstances we may retain personal data for other periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.

With respect to marketing, we retain your personal data for 18 months after your last request for service or other contact you initiate.

External Links

The Site may contain links to third party sites. Since The Constant Company does not control nor is responsible for the privacy practices of those Sites, we encourage you to review the privacy policies of these third party sites. This Notice applies solely to personal data collected by our Sites or in the course of our business activities.

Your Rights

Right to withdraw consent - where applicable, you have the right to withdraw your consent at any time. For example, if you wish to opt-out of receiving electronic marketing communications, you can change your settings in your account on the Site, use the 'unsubscribe' link provided in our emails or otherwise contact us directly and we will stop sending you communications.
Right of access, rectification and erasure - you have the right to request access to and obtain a copy of any of your personal data that we may hold, to request correction of any inaccurate data relating to you and to request the deletion of your personal data under certain circumstances. You can see and update most of this data yourself online, or by contacting us directly at https://www.constant.com/contact/
Data portability - where we are relying (as the legal basis for processing) upon your consent, or the fact that the processing is necessary to perform a contract to which you are party or to take steps at your request prior to entering a contract, and the personal data is processed by automatic means, you have the right to receive all such personal data which you have provided us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.
Right to restriction of processing - you have the right to restrict our processing of your personal data (that is, allow only its storage) where:
- you contest the accuracy of the personal data, until we have taken sufficient steps to correct or verify its accuracy;
- where the processing is unlawful but you do not want us to erase the personal data;
- where we no longer need your personal data for the purposes of the processing, but you require such personal data for the establishment, exercise or defence of legal claims; or
- where you have objected to processing justified on legitimate interest grounds (see below), pending verification as to whether we have compelling legitimate grounds to continue processing.
Where your personal data is subject to restriction we will only process it with your consent or for the establishment, exercise or defence of legal claims.
You also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your personal data infringes applicable law.
Right to object to processing (including profiling) based on legitimate interest grounds - where we are relying upon legitimate interests to process personal data, you have the right to object to that processing. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or we need to process the personal data for the establishment, exercise or defence of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
Right to object to direct marketing (including profiling) - you have the right to object to our use of your personal data (including profiling) for direct marketing purposes, such as when we use your personal data to invite you to our promotional events.

Please contact us as indicated in Contact Information https://www.constant.com/contact/ if you wish to exercise any of your rights, or if you have any inquiries or complaints regarding the processing of your personal data.

Changes to this Notice

We reserve the right to revise, amend, or modify this Notice and our other policies and agreements at any time and in any manner. You should periodically check for any modifications of this Notice by re-visiting this web page and using the 'refresh' button on your browser. You should note the date of last revision to this Notice, which appears at the top of this Notice. If the 'last modified' date remains unchanged after you have clicked the 'refresh' button on your browser, you may presume that no changes have been made since the last reading of the Notice. A changed 'last modified' dates indicates that this Notice has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.

Contact Information

If you have any questions in relation to this Notice or you wish to exercise any of your rights, please contact us at:

https://www.constant.com/contact/

Last modified: February 2, 2021

This California Privacy Notice (California Notice) applies to California residents and describes how The Constant Company, LLC (“we,” “us,” “our,” etc.), our affiliates, and service providers collect, use, and disclose information. This California Notice also provides you with information about your choices and rights regarding your personal information. Unless otherwise noted, all capitalized terms carry the same meaning as in our Terms of Service.

Information You Provide

persons who subscribe to the Services will be prompted to provide their name, their address, their e-mail, their phone number, and any other necessary billing information.
persons who complete registration forms to sign up for membership on the Site will be prompted to provide their e-mail address.
Site visitors, and prospective and current suppliers and subscribers, may provide personal information when filling in forms (for example, a “Contact us” form) on our Site or at a trade show or anywhere else we conduct business; by downloading documentation from our Site; by subscribing to newsletters or other communications; by corresponding with us by phone, e-mail or otherwise providing contact details. In these cases, typically, the personal information you give us may include name, business affiliation, business address, telephone number, and email address, and any personal details required to resolve any inquiries or complaints.

This personal information is required to enter into a contract with us (such as in anticipation of a supply agreement, or to learn about our Services) or to perform a contract with you (such as to provide Services), and failure to provide any information may result in our inability to provide requested Services or products.

Information We Collect Automatically

When you visit our Site or use the Services, information is passively or automatically collected by our web servers and by third party analytics tools we use, including but not limited to:

your domain;
your IP address;
your date, time and duration of your visit;
your browser type;
your operating system;
your page visits;
information from third parties;
other information about your computer or device;
Internet traffic.

We do not use this automatically collected information to try to identify you by name, and we do not associate it with the information you provide voluntarily to us.

More information about our use of cookies can be found in our cookie policy https://www.constant.com/legal/cookie_policy/.

Information From Other Sources

We may also obtain fraud & risk scoring data about you from third parties.

Use of Personal Information

We may use your personal information as permitted or required by law, and for the following business purposes:

provide you with Services you have subscribed for, or otherwise requested;
provide you with documentation or communications which you have requested;
administer and manage performance of purchase or sales agreements with our suppliers and customers;
provide after-sales support;
correspond with users to resolve their queries or complaints;
market our services to persons whose Services have expired or otherwise been cancelled;
engage you about events, promotions, the Site, and The Constant Company's products and services;
process, evaluate and complete certain transactions involving the Site, and more generally transactions involving the Services;
operate, evaluate, maintain, improve and develop the Site (including by monitoring and analyzing trends, access to, and use of the Site for advertising and marketing);
to increase users' experience according to tracked interests, to analyze and target potential new markets, and for other marketing purposes;

We may also use personal information as we believe to be necessary or appropriate for certain essential purposes, including:

to enforce our Terms of Service, Anti-Spam Policy, Use Policy or any other applicable policies;
to protect our operations or those of our affiliates and ensure safety of the Site, The Constant Company confidential and proprietary information, and The Constant Company employees;
to manage, protect against and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of our contract terms or laws or regulations;
to comply with applicable law and legal process, and to respond to requests from public and/or government authorities;
if we are or may be acquired by or merged with another company, if any of our assets are transferred to another company, or as part of a bankruptcy proceeding.

We also use deidentified and/or aggregate information to customize our marketing efforts or to customize the use of our site for an aggregate group of customers.

Disclosure of Personal Information

We may disclose personal data about Site visitors, users of our Services, or our suppliers or customers as permitted or required by law, and for the following business purposes:

To satisfy any laws, regulations, or governmental or legal requests for such data;
As necessary to identify, contact, or bring legal action against someone who may be violating our Terms of Service, Acceptable Use Policy or other user policies;
To protect ourselves, our subscribers, and the general public. We specifically reserve the right to disclose any and all information (including personal data) to law enforcement in the event that a crime is committed, is suspected, or if we are compelled to do so by lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.
To cooperate with law enforcement authorities, private-party litigants, and others seeking information about our end users to the extent required by applicable law. Examples of such cooperation include lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process
In the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings)
In connection with certain essential purposes described above (e.g., to comply with legal obligations).

In addition, information that is passively collected when you use the Site or Services may be disclosed to our online and email advertisers or other third party vendors we use and who may provide cookies, pixel tags, web beacons, clear GIFs or other similar technologies for use on the Site or other websites to manage and improve our online and email advertising campaigns.

Children

The Site is not for use by children under the age of 16 years and The Constant Company does not knowingly collect, store, use or share the personal information of children under 16 years.

IF YOU ARE A CALIFORNIA RESIDENT UNDER THE AGE OF 18, DO NOT SHARE ANY PERSONAL INFORMATION ON THE SITE, IN POSTS OR VIA MESSAGING. If you do post any personal information, you can remove it using Services functionality. This removal may not be complete given the nature of the Internet. Contact us at [email protected] for assistance.

How We Store Your Information

We implement reasonable administrative, physical and electronic security measures designed to protect your personal information from unauthorized access. Nevertheless, we cannot guarantee that your personal information will not be accessed, disclosed, altered, or destroyed. We will make any legally required disclosures in the event of a breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal information.

External Links

The Site may contain links to third party sites which are provided for your convenience only. The Constant Company does not control and is not responsible for the privacy practices of those third party sites, and we encourage you to review the privacy policies of such sites.

Marketing Emails

If you have provided us with your email address, or are a subscriber of the Services, we may communicate with you by e-mail to tell you about our products and services. You may opt out of these communications by clicking the opt-out link at the bottom of each email or by filling out the form at https://www.constant.com/unsubscribe/. Please note that you may not be able to opt-out of certain Service-related emails, system notices, and/or other information related to your account.

Privacy Rights of California Residents

The California Consumer Privacy Act (the “CCPA”) provides various rights to California residents and households with respect to the personal information that we have collected about you.

Access and Copies. You may request the following information from us up to two times in a 12 months period:
(1) The categories of personal information we have collected about you in the past 12 months;
(2) The categories of sources from which the personal information is collected;
(3) The business or commercial purpose for collecting or selling (if applicable) the personal information;
(4) The categories of third parties with whom we share personal information; and
(5) The specific pieces of personal information we have collected about you.
Deletion. You may request that we delete your personal information. Note that deletion requests are subject to certain limitations, for example, we may retain personal information as permitted by law, such as for recordkeeping purposes, to maintain an active account, and to process transactions and facilitate customer requests.
Do Not Sell. We will not sell your Personal Information to third parties.
Non-Discrimination. You have the right to exercise your rights described above free from discriminatory practices prohibited by California law.

If you have an account with us and wish to request a copy of the personal information we have collected about you, or to request that your information be deleted, please login and contact us. Otherwise, please email us at [email protected].

We will respond to requests that comply with California law within the timeframe permitted and depending on the nature of the request.

Changes to this California Notice

We may revise, amend, or modify this California Notice from time to time. Please reference the “Last Updated” legend at the top of this page to see when it was last revised. Any changes to this California Notice will become effective as to California residents when we post the revised Notice on the Site. Your use of the Site or Services following these changes means that you accept the revised California Notice.

Contact Information

If you have any questions to this California Notice, please contact us at https://www.constant.com/contact/.

Cookie Policy

Services

Revisions to User Agreement

Duration of Agreement and Cancellation Policy

Account Set Up

Intellectual Property Rights

DMCA Notice and Takedown Policy

Intellectual Property Rights

Takedown Policies and Procedures

Counter-Notification Procedures

Service Provider Customers of The Constant Company

Modifications

Content and Acceptable Use Policy

Zero Tolerance Spam Policy

Payment

Back Ups & Data Loss

Usage & Security

Uptime Guarantee

Price Change

Indemnification

No Warranties

No Warranties

No Warranties

Privacy Notice

1. How We Collect Information

2. Categories of Information We Collect

3. How we use your information

4. Notice Regarding Use of Our Community Forum and Internal Messaging

5. How We Disclose Your Information

6. Marketing Communications

7. How to Access or Modify Your Information.

8. State-Specific Privacy Rights

9. International Notices

10. Security Measures

11. Retention of Personal Data

12. External Sites

13. Children

14. Job applicants and other non-Users

15. Changes to this Notice

16. Contact Information

NO UNLAWFUL OR PROHIBITED USE

USE OF SERVICES

TERMINATION/ACCESS RESTRICTION

NO SPAM; DAMAGES

NOTICE OF CLAIMED INFRINGEMENT

NOTICE AND TAKE DOWN PROCEDURES

PREAMBLE

ZERO TOLERANCE FOR UNSOLICITED E-MAIL

INDEMNIFICATION

ADDITIONAL INFORMATION

Use of cookies

How to manage cookies

Contact us

Policy updates

Information We Collect Automatically

Information You Provide

Information From Other Sources

Cookies

Use of Personal Data

Disclosure of Personal Data

Transfer of Personal Data

Children

Marketing Emails

Security

Retention of Your Personal Data

External Links

Your Rights

Changes to this Notice

Contact Information

Information You Provide

Information We Collect Automatically

Information From Other Sources

Use of Personal Information

Disclosure of Personal Information

Children

How We Store Your Information

External Links

Marketing Emails

Privacy Rights of California Residents

Changes to this California Notice