Privacy and Data Protection Policy

A) Privacy Policy: CaloHost does not share Customer’s information with third parties unless necessary, subject to the provisions herein. CaloHost reserves the right to access any of Customer’s Services and data unless and until Customer requests otherwise. Customer’s usage data and processes is accessible by CaloHost. In the event of abnormal activity, such as high CPU usage, receiving any complaints, or other indications of abuse as described in this Agreement, Customer must provide CaloHost access to Customer’s Service(s) to avoid Termination.

B) Exemptions: Customer acknowledges that CaloHost will share certain Customer information with third parties in a limited number of circumstances, such as the following:

• CaloHost will share Customer information as necessary for billing purposes, such as information exchanges with Paypal and similar payment Services in order to facilitate financial transactions—this may include Customer’s name, address, and IP address as well as payment information depending on Customer’s method of payment;
• CaloHost will share Customer information as necessary for fraud prevention purposes—this may include Customer’s name, address, and IP address;
• CaloHost reserves the right to share a limited amount of Customer information for marketing and market analysis—this may include Customer’s geographical information, address, and generalized information about the level of Services requested;
• CaloHost will share Customer information as necessary with law enforcement agencies, subject to requirements of the U.S. Constitution, and in accordance with applicable federal statutes, such as the Electronic Communications Privacy Act and the Stored Communications Act, as discussed in further detail below.

D) Law Enforcement Access to Data: CaloHost will address requests by law enforcement agencies in accordance with the Electronic Communications Privacy Act of 1986 (“ECPA”) (18 U.S.C. § 2510, et seq.) including the Stored Communications Act (“SCA”) (18 U.S.C. § 2701, et seq.). As such, CaloHost can only share Customer information with a third party if you, the Customer, give express written permission to CaloHost to do so, or the third party is a law enforcement or government agency that, if and where necessary, presents a properly executed warrant, court-ordered subpoena, or administrative subpoena known as a National Security Letter or “NSL.” CaloHost reserves the right, and is permitted by 18 U.S. C. § 2702, to share customer records if CaloHost, at its sole discretion, reasonably believes that the situation presents an emergency involving immediate danger of death or serious physical injury to any person