Abuse, Trademark, Copyright
Whether you are the holder of a trademark, service mark, or copyright, We are committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.
1. Domain Name Dispute Claims
Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a registered domain name. The UDRP covers domain names disputes; this policy specifically excludes domain name disputes.
2. Copyright and Trademark Claims
1. To notify Us that there has been a copyright or trademark violation, please follow the specific instructions in (2.1) for filing a trademark claim, or (2.2) filing a copyright complaint.
2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (2.3).
2.1 Trademark Claims
2.1.1 If you (the "Complaining Party") would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations are not considered valid for these purposes), We request that the Complaining Party substantiate such claim by providing the following information via email to email@example.com. The words "Trademark Claim" should appear in the subject line.
2.1.2 To be considered effective, a notification of a claimed trademark violation must include the following information:
i. The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed, including registration number.
ii. The jurisdiction or geographical area to which the mark applies.
iii. The name, post office address and telephone number of the owner of the mark identified above.
iv. The goods and/or services covered by or offered under the mark identified above.
v. The date of first use of the mark identified above.
vi. The date of first use in interstate commerce of the mark identified above.
vii. A description of the manner in which the Complaining Party believes its mark is being infringed upon.
viii. Sufficient evidence that the owner of the website (the “Posting Party”) that is claimed to be infringing is Our customer.
ix. The precise location of the infringing mark, including electronic mail address, etc.
x. A good faith certification, signed under penalty of perjury, stating:
1. The content of the website [identify website] infringes the rights of another party,
2. The name of such said party,
3. The mark [identify mark] being infringed, and
4. That use of the content of the website claimed to be infringing at issue is not defensible.
2.1.3 Upon receipt of the appropriate information identified in Section 2.1.2 above, for trademark claims, We will initiate an investigation. While We are investigating the claim, We, at our sole discretion and without any legal obligation to do so, may notify the Posting Party it will lock down the Posting Party's domain name(s), redirect the Posting Party's DNS, forward the Complaining Party's written notification to the Posting Party, and/or if it is solely stored on Our server, temporarily remove or deny access to the challenged material.
2.1.4 If We conclude that the Complaining Party has raised a legitimate trademark claim, We may, at Our sole discretion and without any legal obligation to do so, continue to suspend the Posting Party's account and/or if it is solely stored on Our server, deny access to the challenged material. If We conclude that the Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, We will restore access to the challenged material subject to a valid court order.
2.1.5 The Complaining Party should understand that We are an ICANN accredited registrar, and Our customers are bound by the UDRP. Nothing in this Policy should be construed to supersede the UDRP, nor Our obligation and that of our customers to abide by it in the context of domain name disputes.
2.2 Copyright Claims
2.2.1 If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, We request that the Complaining Party substantiate such claim by providing Us with the following information via email to firstname.lastname@example.org. The words "Copyright Claim" should appear in the subject line. A copyright claim can also be submitted by mail to: Copyright Agent, Volusion, 9300 United Drive, Suite 180, Austin, Texas 78758.
2.2.2 To be considered effective, a notification of a claimed copyright infringement must be provided to Us and must include the following information:
i. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material.
iv. Information reasonably sufficient to permit Us to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
v. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
2.2.3 For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 2.2.2 of Copyright Claims above, We will notify the Posting Party of such complaint and subsequently will remove or disable access to the material that is claimed to be infringing unless a proper Counter Notification has been provided.
3. Counter Notification Policy
3.1 Counter Notification. If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by emailing email@example.com and including the following:
i. An electronic signature of the Posting Party.
ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
iii. A statement under penalty of perjury that the Posting Party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
iv. The Posting Party’s name, address, and telephone number, and a statement that the Posting Party consents to the jurisdiction of the Federal District Court for the judicial district of Texas, or if the Posting Party's address is outside of the United States, for any judicial district in which We may be found, and that the Posting Party will accept service of process from the Complaining Party or an agent of such Party.
3.2 Upon receipt of a Counter Notification as described in Section 3 above, We shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that we will replace the removed material, if any, or cease disabling access to it in ten (10) business days. If any material has been removed or disabled, we will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless We first receive notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Posting Party from engaging in infringing activity relating to the material on Our system or network.
4. Repeat Infringers
It is Our policy to provide for the termination, in appropriate circumstances, of Our customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.
5. Processing Fees
To cover the increasing cost of processing abuse claims, We reserve the right to charge Our Customer a processing fee for each instance of notification received from a legitimate copyright holder. We reserve the right to suspend or terminate any Services if, upon notification, Our Customer fails to comply with a legitimate infringement claim within the specified time.
Acceptable Use Policy
This Acceptable Use Policy (“AUP”) is incorporated by reference in Your Master Subscription Agreement, including any supplemental terms (collectively the “Agreement”) with Volusion. Capitalized terms used in this AUP shall have the meaning given in the Agreement. Your use of the Services may be suspended or terminated for violation of this AUP in accordance with the Agreement.
You may not use Our network or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
• Use of an internet account or computer without the owner's authorization;
• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
• Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
• Collecting or using information without the consent of the owner of the information;
• Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
• Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
• Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft's "ad/remove" tool); or
• Any conduct that is likely to result in retaliation against Our network or website, or Our employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
• Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
• Interference with service to others including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
2. Excessive Use of System Resources
You may not use any shared system provided by Us in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, We may prohibit the automated or scripted use of e-mail Services if it has a negative impact on the mail system. You agree that We may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers' data that is stored on the same system.
3. Mail Requirements
You must comply with the CAN-SPAM Act and any other laws and regulations applicable to bulk or commercial email. In addition, Your bulk and commercial email must meet the following requirements:
• Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
• Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
• You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor the recipient's and Our requests to produce consent evidence within 72 hours of receipt of the request;
• You have procedures in place that allow a recipient to revoke their consent — such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line; You honor revocations of consent within 48 hours, and You notify recipients that the revocation of their consent will be implemented in 48 hours;
• You must post an email address for complaints (such as firstname.lastname@example.org) in a conspicuous place on any website associated with the email and You must promptly respond to messages sent to that address;
• You have the means to track anonymous complaints;
• You must not obscure the source of Your e-mail in any manner. Your e-mail must include the recipient's e-mail address in the body of the message or in the "TO" line of the e-mail;
• You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days;
These policies apply to messages sent using the Services, or to messages sent from any network by You or any person on Your behalf that directly or indirectly refer the recipient to a site hosted via the Services. In addition, You may not use a third party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists created by third parties to the same extent as if You created the list.
4. Vulnerability Testing
You may not attempt to probe, scan, penetrate or test the vulnerability of Our system or network, or to breach the Our security or authentication measures, whether by passive or intrusive techniques, without the Our express written consent.
5. Offensive Content
You may not publish, transmit or store on or via Our network or equipment any content or links to any content that the We reasonably believes:
• Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
• is excessively violent, incites violence, threatens violence or contains harassing content or hate speech;
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• is defamatory or violates a person’s privacy;
• creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security or interferes with a investigation by law enforcement;
• improperly exposes trade secrets or other confidential or proprietary information of another person;
• is intended to assist others in defeating technical copyright protections;
• infringes on another person’s copyright, trade or service mark, patent or other property right;
• promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking;
• is otherwise illegal or solicits conduct that is illegal under laws applicable to You or to Us; or
• is otherwise malicious, fraudulent or may result in retaliation against Us by offended viewers.
6. Copyrighted Material
You may not use Our network or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image or other work protected by copyright law unless:
• You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
• You are otherwise permitted by established copyright law to copy the work in that manner.
It is Our policy to terminate the services of customers who are repeat infringers.
• You must have valid and current information on file with Your domain name registrar for any domain hosted on Our network.
• You may only use IP addresses assigned to you by Us in connection with Our services.
• You agree that if the IP numbers assigned to Your account are listed on an abuse database like Spamhaus, You will be in violation of this AUP, and We may take reasonable action to protect its IP addresses, including suspension and/or termination of Your Service, regardless of whether the IP addresses were listed as a result of Your actions;
• You may not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services.
No credit will be available under the Service Level Agreement(s) for interruptions of Service resulting from any AUP violation.
Civil Subpoena Policy
If You seek the identity or account information of a Volusion customer in connection with a civil legal matter, You must email, fax, mail, or serve Us with a valid subpoena.
Submission of Subpoenas
We are headquartered in Austin, Texas and all criminal subpoenas should be served at that location or mailed to:
9300 United Drive, Suite 100
Austin, TX 78758
Alternatively, the criminal subpoena can be faxed to:
Attn: Legal Department
Or emailed to:
Notice to Customer and Response Time
Upon the receipt of a valid civil subpoena, We will promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency in our sole determination, We will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court. We reserve the right to charge an administration fee to the customer by charging the Payment Method the customer has on file with Us.
Fees for Subpoena Compliance
We will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Volusion invoice. Checks should be made out to Volusion.com, Inc.
Our subpoena compliance costs are as follows:
• Research - $75.00/hour
• Federal Express - Cost as Billed
• Copies - $.25/page
Policies Regarding E-mail
Our email servers are located in the United States. We will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. Our e-mail servers do not retain deleted or sent e-mail.
We reserve the right to request a copy of the complaint and any supporting documentation that demonstrates how the e-mail address is related to the pending litigation and the underlying subpoena.
Criminal Subpoena Policy
If You seek the identity or account information of a customer in connection with a criminal matter, and You are a member of the law enforcement community, you must email, fax, mail, or serve Us with a valid subpoena.
Submission of Subpoenas
Volusion is headquartered in Austin, Texas and all criminal subpoenas should be served at that location or mailed to:
9300 United Drive, Suite 100,
Austin, TX 78758
Alternatively, the criminal subpoena can be faxed to:
Attn: Legal Department
Or emailed to:
Policies Regarding Email
We will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. Our e-mail servers do not retain deleted or sent e-mail.
We reserve the right to request a copy of the complaint and any supporting documentation that demonstrates how the e-mail address is related to the pending investigation and the underlying subpoena.
1. General Browsing
We gather navigational information about where You go on Our web site. This information allows Us to see which areas are most visited. This helps Us improve the quality of visitors' online shopping experiences by recognizing and delivering more of the features, services and products our visitors prefer. Additional non-personally identifiable information (i.e. domain type, browser version, service provider and IP address) may be collected which will provide information regarding Your use of our web site (such as the time of your last visit to a page on our site).
2. Disclosure of Personal Information
Any information You provide to Us at this site when You establish or update an account, purchase credits online or request information (i.e. name, address, e-mail address, telephone number and credit card information), is maintained in private files on Our secure web server and Our internal systems. This information is used to enable Us to deliver services to You. To ensure compliance with federal law, We do not maintain information provided by children under the age of 16.
You should be aware that We may disclose specific information about You if necessary to do so by law or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect the users of our web site, the site or the public.
We do not sell, rent or trade Your e-mail address to third parties. We may, however, use third parties to help us provide services and marketing to You, such as fulfilling orders, processing payments, monitoring site activity, conducting surveys, and administering e-mails. If personally identifiable information (i.e. name, address, e-mail address, telephone number) is provided to any of these third parties, we will require that such information be maintained by them in strictest confidence.
Cookies may also be used to aid in Our marketing efforts. For example, We use third party services such as Google Remarketing to advertise online. This allows Google to show Our ads on sites across the Internet and uses first party and third party cookies together to inform, optimize and serve ads based on someone’s past visits to Our website. If You wish to opt out of this type of cookie use by Google, You may do so by visiting https://tools.google.com/dlpage/gaoptout/ for the browser add-on.
4. Updating Personal Information
We prefer to keep Your personal information accurate and up-to-date. To do this, we provide You with the opportunity to update or modify Your personal information including billing and shipping information by logging into Your account.
5. Use of Forums / Discussion Boards
None of the information contained on Our web site is medical, legal, business, or other advice. Any opinion expressed is that of its author. Users are reminded that postings may be automatic, instantaneous, and are not pre-reviewed. Additional facts and information on legal or other developments may affect the subjects discussed. Confidential information should not be discussed. We assume no responsibility for the content or consequences, direct or indirect, of communications by users.
For your convenience, Our web site may contain links to other sites. We are not responsible for the privacy practices or the content of such web sites.
7. Questions/Changes in Policy
This Transfer Policy is incorporated by reference in Your Master Subscription Agreement, including any supplemental terms (collectively the “Agreement”) with Volusion. Capitalized terms used in this Transfer Policy shall have the meaning given in the Agreement.
We will only provide access to an account to the designated Owner or Point of Contact of that account regardless of whether someone else maintains, pays for or otherwise administers the account. The "Owner" of the account is the person or entity whose name was used to set up the account. Only the Owner will be authorized to transfer the ownership of the store or other Services. We are not a court of law and will not arbitrate or adjudicate disputes between potential Owners. If there is a dispute of the named Owner's right to the store or Services, We will comply with any court order or settlement agreement.
To transfer ownership of one of Your store orders, we will need a signed, notarized copy of the Transfer of Ownership form. As an alternative, You may send a faxed copy of a notarized contract or sales agreement signed by both current and new account holders as long as it specifically mentions the online store account as part of the sales agreement. Once completed, please fax the form to 1-800-424-3021, marked to the attention of Account Services.
Then the new owner must visit Our website and purchase a separate store order. In the comments section of the form, write, "Ownership transfer request; please mirror www._______.com". If the new owner intends to use the domain name configured on the original account, We will have to cancel the original account so that We can set up the new account. If the new Owner intends to use a new domain name, We will keep the original account active and perform the mirror, in which case you would need to fill out the online cancellation form for Your account once the data has been copied for the new Owner.
Please note that an existing SSL certificate cannot be transferred from the existing account to the new account. A new one will need to be added to the new order, or purchased separately later. Please be sure that the domain registration's WHOIS information matches the new order details. Note that the store will only be accessible at its new temporary address for up to 72 hours while the updated settings propagate.
If You have Our Merchant Services, You will not be able to transfer ownership of that account to the new Owner. The new Owner may sign up for one. The original merchant service account will have to be manually canceled.
In addition, email cannot be transferred along with store data. We recommend that You locally archive any sensitive email data prior to requesting transfer. If You have questions about how to do so, please contact Technical Support.
3. Administrative Updates.
Please note that once the new Owner places a store order, We recommend that You place Your store in maintenance mode and refrain from any administrative updates, as new data added during or after the copying procedure may fail to appear in new owner's store, and/or may cause duplication of database record ID#s. This will also prevent customers from placing orders which might be affected by the data copying. Since PCI guidelines prevent us from copying full credit card data, any order which is not captured prior to copying cannot be captured from the new, copied Volusion store.
Uniform Domain Name Dispute Resolution Policy
This Uniform Domain Name Dispute Resolution Policy (“UDRP”) is incorporated by reference in Your Master Subscription Agreement, including any supplemental terms (collectively the “Agreement”) with Volusion. Unless otherwise defined, capitalized terms used in this UDRP shall have the meaning given in the Agreement. Your use of the Services may be suspended or terminated for violation of this UDRP in accordance with the Agreement.
The UDRP is a policy required and maintained by ICANN. The most recent version can be found at http://www.icann.org/en/udrp/#udrp and is incorporated herein.