Legal

TWIKI.NET Privacy policy

Effective Date: August 10, 2007.

At TWIKI.NET we recognize that privacy is important and we are committed to ensuring the privacy of individuals that use the TWIKI.NET website ("End-Users"), located at www.twiki.net ("TWIKI.NET Site"). This Privacy Policy ("Policy") describes what information is collected from End-Users and how such information is used and disclosed. Terms "you," "your," and "yours" refer to the End-Users of TWIKI.NET Site. Terms "we," "us," and "our" refer to TWIKI.NET, its subsidiaries and affiliates.

PLEASE READ THIS POLICY CAREFULLY SO THAT YOU UNDERSTAND OUR PRIVACY PRACTICES. BY USING THE TWIKI.NET SITE, YOU CONSENT TO THE TERMS OF THIS POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS POLICY, PLEASE DO NOT USE THE TWIKI.NET SITE. WE MAY PERIODICALLY MAKE CHANGES OR MODIFICATIONS TO THIS POLICY AND IT IS YOUR RESPONSIBILITY TO REMAIN INFORMED ABOUT ANY SUCH CHANGES OR MODIFICATIONS. CONSEQUENTLY, WE ENCOURAGE YOU TO PERIODICALLY REVIEW THIS POLICY TO STAY INFORMED ABOUT HOW WE PROTECT THE INFORMATION WE COLLECT. YOU AGREE THAT YOUR CONTINUED USE OF THE TWIKI.NET SITE CONSTITUTES YOUR AGREEMENT WITH THIS POLICY AND ANY FURTHER UPDATES AND MODIFICATIONS TO THIS POLICY, AS SUCH MAY BE MADE BY TWIKI.NET FROM TIME TO TIME.

I. Information collected and its use. Information gathered online can generally be categorized as either personally identifiable or anonymous, as follows:

a. Personally Identifiable Information. Personally identifiable information is information you provide to us that is uniquely associated with you, such as your name, physical mailing address, email address, telephone number, credit card information, etc. Information identifying an entity other than an individual (e.g., a corporation, partnership, joint venture and so forth) does not constitute personally identifiable information.

b. Anonymous Information. Anonymous information is general information that cannot be traced back to a specific individual. For instance, we know how many queries we receive each day, but we generally do not know the names and e-mail addresses of the personas submitting the queries.

II. Collection of Personally Identifiable Information. You provide personally identifiable information to us in a number of ways when you visit the TWIKI.NET Site or use the various services and activities available on the TWIKI.NET Site, such as:

  • Register to be a member of TWIKI.NET Site;
  • Download Software;
  • Purchase software support services;
  • Receive Updates;
  • Register to participate in programs or services offered by TWIKI.NET;
  • Participate in a survey;
  • Participate or make postings in any forums or other interactive areas;
  • Submit and/or post an article or comment to the TWIKI.NET Site and voluntarily include your name or other personal information (including, without limitation, any personally identifying photographs or images you submit and/or post);
  • Contact us by email for any reason (such as to request customer service, provide us with your comments/feedback, submit a job application, submit a resume, etc.).

We generally use personally identifiable information to process your requests or transactions, and provide you with features and services you requested. For example, we use the information we collect to:

  • Contact you for administrative purposes or provide you with customer service;
  • Complete transactions requested by you or to verify your use of the TWIKI.NET Site;
  • Respond to any questions, problems, complaints or feedback requests;
  • Organize the TWIKI.NET Site to better serve you and customize or develop our features and services;
  • Send you emails or other communications containing information about features and services that you might request or find of interest.

Personal information provided on the TWIKI.NET Site may be linked together or merged with other personal information we obtain about you so that we may better understand your needs and inform you about our features or services and those of our business partners.

III. Collection of Anonymous Information. Certain general user data, such as your computer's Internet Protocol (IP) address, operating system and browser type, pages you visited, and the date and time of your visit, is automatically collected through the use of web logs and/or "cookies". Cookies are small files that are stored on your computer by a TWIKI.NET Site to give you a unique identification. Cookies also keep track of services you have used, record registration information regarding your login name and password, record your preferences and keep you logged into the TWIKI.NET Site. You can opt out of receiving a cookie by changing your browser settings to prevent the receipt of cookies. Since each web browser is different, we recommend that you please look through your browser "Help" file to learn the correct way to modify your cookies set-up. Please note that disabling cookies may prevent you from accessing some of the functionality and TWIKI.NET Site offerings available via the TWIKI.NET Site. Please also keep in mind that you may get cookies through other Sites linked to the TWIKI.NET Site and we do not control these cookies.

We may use anonymous information information for a number of purposes, including, but not limited to:

  • Remember your information so that you will not have to re-enter it during your visit or the next time you visit the TWIKI.NET Site;
  • Provide custom, personalized content, and information to you;
  • Monitor the effectiveness of our marketing campaigns;
  • Monitor aggregate usage metrics, such as total number of visitors and pages viewed;
  • Develop and implement future marketing efforts;
  • To analyze and present traffic activities at our site;
  • Understand which companies or groups are visiting our site.

We treat anonymous information as personal information if we combine it with or link it to any of the personally identifying information mentioned above.

IV. Use of Personally Identifiable and Anonymous Information. We do not sell, rent or share personally identifiable information with third parties without your prior consent except in the limited circumstances described in this Policy. We share personally identifiable information and anonymous information with third-party vendors who assist us in performing internal functions necessary to operate our business. These functions may include: analysis data, providing marketing assistance and processing payment transactions. In all cases we limit the information shared with our third-party vendors to that which is necessary to carry out those functions. We require that these parties agree to process such information in compliance with this Policy and use reasonable efforts to limit their use of such information. We are not, however, responsible for any information you provide to third party vendors directly, and we encourage you to become familiar with their practices before disclosing information directly to them.

We also disclose both personally identifiable information and anonymous information where it is needed to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply this Policy or our other policies or agreements; to initiate, render, bill and collect for amounts owed to us, to protect our or our End-Users' rights, property or safety; to protect our End-Users from fraudulent, abusive, or unlawful use of the TWIKI.NET Site, or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person required disclosure of communications or justifies disclosure of records without delay.

Additionally, information about our End-Users may be disclosed as part of any merger, acquisition, debt financing or sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information could be transferred to third parties as one of our business assets.

V. Security. We use reasonable security measures in an effort to prevent loss, misuse and alteration of information under our control. However, we cannot guarantee protection of all information in all cases. For instance, we cannot guarantee protection against interception, misappropriation, misuse, or alteration, or that your information will not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.

If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. By using the TWIKI.NET Site or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the TWIKI.NET Site. TWIKI.NET may post a notice on the TWIKI.NET Site if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at TWIKI.NET, Inc., Attn: Privacy Matters, 440 N. Wolfe Rd., Sunnyvale, CA 94085.

VI. Special Policy Regarding Children. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we do not knowingly collect or maintain information from End-Users under age 13 without parental consent. We do not monitor the age of our End-Users. However, if you are under the age of 13, you should not use the TWIKI.NET Site nor submit personal identifying information to TWIKI.NET without the consent of your parent or guardian. TWIKI.NET Site is not intended for or directed to persons under the age of 13. Any End-User using the TWIKI.NET Site represent to TWIKI.NET that they are 13 years of age or older.

VII. International Users. The TWIKI.NET Site is hosted in the United States. If you are an End-User accessing the TWIKI.NET Site from the European Union, Australia, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please note that you are transferring your personal data to the United States which does not have the same data protection laws as such other regions. Personal information collected on the TWIKI.NET Site may be stored and processed in the United States or any other country in which TWIKI.NET maintains facilities, and by using this TWIKI.NET Site, you consent to any such transfer of information outside of your country.

VIII. California Privacy Rights. Under California law, California residents have the right to request in writing from businesses with whom they have an established business relationship the following: (i) a list of the categories of personal information (e.g., name, address, e-mail address, and the type of services provided to the customer) that a business has disclosed to third parties, during the immediately preceding calendar year, for the third parties' direct marketing purposes, and (ii) the names and addresses of all such third parties. To request the above information, please e-mail us at: privacy@TWIKI.NET, or write to us at TWIKI.NET, Inc., Attn: Privacy Matters, 440 N. Wolfe Rd., Sunnyvale, CA 94085, with a reference to California Disclosure Information.

We will respond to such written requests within thirty (30) days following receipt at the e-mail or mailing address stated above. If we receive your request at a different e-mail or mailing address, we will respond within a reasonable period of time, but not to exceed one hundred and fifty (150) days from the date received. Please note that we are only required by law to respond to each End-User once per calendar year.

IX. Disclaimer. The TWIKI.NET Site operates "AS-IS" and "AS-AVAILABLE," without liability of any kind. We are not responsible for events beyond our direct control. This Privacy Policy is governed by the laws of the State of California, excluding conflicts of law principles. Any legal actions against us must be commenced in the county of San Mateo, California, within one (1) year after the claim arose, or such action(s) will be barred.

X. Additional Information. If you have any questions about this Policy, or the practices of or your dealings with the TWIKI.NET Site, please email us at privacy@TWIKI.NET or write to us at:

TWIKI.NET, Inc. Attn: Privacy Matters 440 N. Wolfe Rd. Sunnyvale, CA 94085 USA

Terms of use

1. Introduction and Acceptance of Terms of Use

TWIKI.NET, Inc. ("TWIKI.NET") offers you a wide range of content, communication tools, forums, and information about its products and services ("Materials") via this web site. By using this web site, you are agreeing to accept and comply with the terms and conditions of use as stated below ("Terms of Use"), which TWIKI.NET may update at any time without notice. You should visit this page periodically to review the then-current Terms of Use. Please note that TWIKI.NET may, at its sole discretion, terminate your access to this web site at any time without notice.

2. Limited Right to Use

This web site is owned and operated by TWIKI.NET. Unless otherwise specified, all Materials on this web site are the property of TWIKI.NET and are protected by the copyright laws of the United States and, throughout the world by the applicable copyright laws. You may, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. No Materials published by TWIKI.NET on this web site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from TWIKI.NET. The use of any such Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.

3. Communications

Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to this web site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to TWIKI.NET ("Feedback") will be deemed, at the time of communication to TWIKI.NET, the property of TWIKI.NET, and TWIKI.NET shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.

4. Access to Password Protected or Secured Areas and Monitoring

Access to and use of password protected or secured areas of this web site is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web site as well as any activity that occurs under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site. If you violate your obligations under this section, you may be subject to prosecution.

Although TWIKI.NET is not obligated to do so, it will have the right to review your communications on this web site to determine whether you comply with our Terms of Use. TWIKI.NET will not have any liability or responsibility for the content of any communications you post to this web site, or for any errors or violations of any laws or regulations by you. TWIKI.NET will comply with any court order in disclosing the identity of any person posting communications on this web site. It is advisable that you review our Privacy Statement before posting any such communications. Please note that when you conduct transactions with other companies providing content via this web site, you will also be subject to their privacy policies.

5. Links to Other Sites

The linked sites are not under the control of TWIKI.NET and TWIKI.NET is not responsible for the content of any linked site or any link contained in a linked site. TWIKI.NET reserves the right to terminate any link at any time. TWIKI.NET may provide links from this web site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this web site, you do this entirely at your own risk. TWIKI.NET DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

6. Trademarks

The trademarks, service marks and logos of TWIKI.NET and others used in this web site ("Trademarks") are the property of TWIKI.NET and their respective owners. TWiki is a trademark of Peter Thoeny. You have no right to use any such Trademarks, and nothing contained in this web site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of TWIKI.NET or the respective owner.

7. INDEMNITY

You agree to indemnify, defend and hold TWIKI.NET harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and/or use of this web site.

8. Limitation of Liability

IN NO EVENT SHALL TWIKI.NET OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF TWIKI.NET OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Disclaimer

TWIKI.NET assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this web site. You should not assume that the Materials on this web site are continuously updated or otherwise contain current information. TWIKI.NET is not responsible for supplying content or materials from the web site that have expired or have been removed. THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED "AS IS" AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.

10. Export Restrictions

The United States export control laws and regulations, including the Export Administration Regulations of the U.S. Department of Commerce, and other applicable laws and regulations apply to this web site which prohibit the export or re-export of content, products, services, and technology to certain countries and persons. You agree to comply with all export laws, regulations and restrictions of the United States and any foreign agency or authority and assume sole responsibility for any such unauthorized exportation.

11. Applicable Laws

All matters relating to your access and use of this web site shall be governed by the federal laws of the United States and the laws of the State of California. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with your access and/or use of this web site shall be in San Clara County, California if in state court and in the Northern District of California if in Federal Court.

12. General

If you have any questions regarding the Terms of Use, please contact us at info@twiki.net. For other general questions, please refer to our Contacts page.

Copyrights

The copyrights and trademarks for all content on this website are owned by TWIKI.NET unless stated otherwise explicitly. The logos of various companies on the website are trademarks and copyright material of those respective companies.

Refund Policy

If you are not 100% satisfied with the subscription and services within 30 days after paying for your subscription, and you provide written notice to the company in that period, you are entitled to a full refund of the amount you have paid.