Privacy and Terms of Service

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PRIVACY POLICY

 

Last Updated: May 23, 2018

This Privacy Policy governs the privacy terms of our website, located at TestSiteTwo.biz (the “Website” or the “Service”). Specifically, it informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide the Service and to improve it. By using the Service, you agree to the collection and use of information in accordance with this policy.

Definitions

Personal Data – any information relating to an identified or identifiable natural person.
Processing – any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
Data subject – a natural person whose Personal Data is being Processed.
Child – a natural person under 18 years of age.
We/us (either capitalized or not) – TestSiteTwo.biz

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

● Email address
● First name and last name
● Cookies and Usage Data

We may use your Personal Data for administrative purposes, such as customer service, or to send you newsletters or updates on products and services offered by us or by third parties we work with. You have the ability to opt-out of receiving any future communications from us by using the unsubscribe link provided in every email we send. Each email will also provide instructions on how you can access, update, correct, or delete your Personal Information from our user databases.

Usage Data

We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.


Use of Data

We use the collected data for various purposes:

● To provide and maintain the Service
● To notify you about changes to our Service
● To allow you to participate in interactive features of our Service when you choose to do so
● To provide customer care and support
● To provide analysis or valuable information so that we can improve the Service
● To monitor the usage of the Service
● To detect, prevent and address technical issues
● To provide you with information that we believe will be useful to you such as newsletters, special offers, and products and services from trusted partners unless you have opted not to receive such information.

Retention of Data

We retain Personal Data for only as long as it is needed to fulfill the purposes for which it was collected, unless otherwise required by law. We will also retain and use Personal Data, as necessary, to comply with legal obligations or to resolve disputes.

Usage data will be retained only for as long as it is useful for internal analysis purposes. This time period is usually relatively short except when the data are used to improve security, the functionality of our Service, or if we are legally obligated to retain the data.

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Legal Requirements

We may disclose your Personal Data in the good faith belief that such action is necessary to:

● To comply with a legal obligation
● To protect and defend our rights or property
● To prevent or investigate possible wrongdoing in connection with the Service
● To protect the personal safety of users of the Service or the public
● To protect against legal liability
● Disclosure for Law Enforcement. Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Data Protection Principles

We promise to follow the following data protection principles:

● Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.
● Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
● Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
● Processing is limited with a time period. We will not store your personal data for longer than needed.
● We will do our best to ensure the accuracy of data.
● We will do our best to ensure the integrity and confidentiality of data.

Your Data Protection Rights

You have the following rights regarding your Personal Data:

● Right to information – meaning you have to right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.
● Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.
● Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
● Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.
● Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
● Right to object to processing – meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.
● Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
● Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
● Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.
● Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
● Right to withdraw consent – you have the right withdraw any given consent for Processing of your Personal Data.

California Privacy Rights

We will not share any Personal Data with third-parties for their direct marketing purposes to the extent prohibited by California law.

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.


Google Analytics:
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having your activity on the Service made available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

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Terms of Service:

The following terms and conditions govern all use of the TestSiteTwo.biz website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Test Site Two (“Test Site Two”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Test Site Two’s Privacy Policy) and procedures that may be published from time to time on this Site by Test Site Two (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Test Site Two, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your TestSiteTwo.biz Account and Site.If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Test Site Two may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Test Site Two liability. You must immediately notify Test Site Two of any unauthorized uses of your blog, your account or any other breaches of security. Test Site Two will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors.If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Test Site Two or otherwise.

By submitting Content to Test Site Two for inclusion on your Website, you grant Test Site Two a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Test Site Two will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Test Site Two has the right (though not the obligation) to, in Test Site Two’s sole discretion (i) refuse or remove any content that, in Test Site Two’s reasonable opinion, violates any Test Site Two policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Test Site Two’s sole discretion. Test Site Two will have no obligation to provide a refund of any amounts previously paid.

  1. Payment and Renewal.
    • General Terms.
      By selecting a product or service, you agree to pay Test Site Two the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
    • Automatic Renewal. 
      Unless you notify Test Site Two before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Test Site Two in writing.
    • Fees; Payment. By signing up for a Services account you agree to pay Test Site Two the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Test Site Two reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Test Site Two.
    • If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Test Site Two to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free TestSiteTwo.biz services. All support will be provided in accordance with Test Site Two standard services practices, procedures and policies.
  2. Responsibility of Website Visitors.Test Site Two has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Test Site Two does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Test Site Two disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  3. Content Posted on Other Websites.We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which TestSiteTwo.biz links, and that link to TestSiteTwo.biz. Test Site Two does not have any control over those non-Test Site Two websites and webpages, and is not responsible for their contents or their use. By linking to a non-Test Site Two website or webpage, Test Site Two does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Test Site Two disclaims any responsibility for any harm resulting from your use of non-Test Site Two websites and webpages.
  4. Copyright Infringement and DMCA Policy.As Test Site Two asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TestSiteTwo.biz violates your copyright, you are encouraged to notify Test Site Two in accordance with Test Site Two’s Digital Millennium Copyright Act (“DMCA”) Policy. Test Site Two will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Test Site Two will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Test Site Two or others. In the case of such termination, Test Site Two will have no obligation to provide a refund of any amounts previously paid to Test Site Two.
  5. Intellectual Property.This Agreement does not transfer from Test Site Two to you any Test Site Two or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Test Site Two. Test Site Two, TestSiteTwo.biz, the TestSiteTwo.biz logo, and all other trademarks, service marks, graphics and logos used in connection with TestSiteTwo.biz, or the Website are trademarks or registered trademarks of Test Site Two or Test Site Two’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Test Site Two or third-party trademarks.
  6. Test Site Two reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
  7. Test Site Two reserves the right to display attribution links such as ‘Blog at TestSiteTwo.biz,’ theme author, and font attribution in your blog footer or toolbar.
  8. Partner Products.By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
  9. Domain Names.If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
  10. Test Site Two reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Test Site Two may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  11. Test Site Two may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TestSiteTwo.biz account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Test Site Two if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Test Site Two’s notice to you thereof; provided that, Test Site Two can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  12. Disclaimer of Warranties.The Website is provided “as is”. Test Site Two and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Test Site Two nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  13. Limitation of Liability.In no event will Test Site Two, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Test Site Two under this agreement during the twelve (12) month period prior to the cause of action. Test Site Two shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  14. General Representation and Warranty.You represent and warrant that (i) your use of the Website will be in strict accordance with the Test Site Two Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  15. You agree to indemnify and hold harmless Test Site Two, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  16. This Agreement constitutes the entire agreement between Test Site Two and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Test Site Two, or by the posting by Test Site Two of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Florida, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Polk County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Polk County, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Test Site Two may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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