Email Privacy Policy

In this privacy policy "you" and "your" refer to Customers, as defined below, and "we" refers to Malibu.com. We respect your right to privacy regarding the use of our Email Hosting Services and Email Marketing Services. We have adopted this Privacy Policy, which we hope provides privacy to you, assuming you are not using Email Hosting Services or Email Marketing Services to conduct unlawful activities and you otherwise comply with the Terms of Services. Our Privacy Policy makes the following commitments:

WE WILL NOT USE YOUR INFORMATION FOR ANY PURPOSES OTHER THAN TO PROVIDE YOU WITH OUR EMAIL HOSTING, EMAIL MARKETING, AND RELATED SERVICES. MORE SPECIFICALLY, WE WILL NOT SHARE YOUR INFORMATION WITH THIRD PARTIES IN WAYS OTHER THAN DISCLOSED IN THIS POLICY. ADDITIONALLY, WE WILL NOT EMPLOY TECHNOLOGY TO READ EMAIL MESSAGES IN ORDER TO TARGET, DISPLAY, OR SEND MARKETING ADS BASED ON THE CONTENT OF THOSE EMAIL MESSAGES.

This Privacy Policy discloses the types of personal information collected and stored by Malibu.com and how that information is used to provide the Email Hosting Services, Email Marketing Services, and related sales and support services. You acknowledge and agree to the collection and use of your personal information as set forth in this Privacy Policy.

U.S. - EU Safe Harbor Privacy Statement

For personal information of Customers, which Malibu.com receives from the European Economic Area, Malibu.com has committed to handling such personal information in accordance with the Safe Harbor Principles. Malibu.com's (formerly Webmail.us) Safe Harbor certification can be found at http://web.ita.doc.gov/safeharbor/shlist.nsf/webPages/safe+harbor+list. For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce's Website at http://www.export.gov/safeharbor/sh_overview.html.

Malibu.com will apply this Privacy Policy to Reseller Accounts on behalf of the responsible Reseller as if the Reseller Accounts were Customers of Malibu.com but nothing herein shall cause Malibu.com to be obligated or liable to such Reseller Accounts. Resellers shall have sole responsibility to and for their Reseller Accounts.

Definitions

In this Privacy Policy the following terms will be used and have the subsequent definitions assigned to them:

Customer Email Account Information

Free Trial and Orders. If you sign up for our 14 day free trial or purchase a service from Malibu.com, we collect some personal information, including but not limited to name, phone number, billing address, payment information and password. A secret question and answer may also be asked in order to verify the identity of Customers if their account password is lost. We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Support Information. When you fill out an online form to make a request for customer support, Malibu.com collects some personal information, including but not limited to name, company name, phone number, email address, domain name, and description of the inquiry. This information is used to open a trouble ticket so that Malibu.com can remedy the issue as quickly as possible.

Email Contents. . The contents of your email account are stored on Malibu.com servers in order to provide the Email Hosting Services and Email Marketing Services. This information is stored on secure servers, which process the information in order to provide you with authenticated access to your mailbox, receive and transmit email messages and prevent unsolicited bulk email ("Spam"). Email contents are backed up to separate storage systems daily for the purpose of recovery from errors or system failure. Copies of email messages may remain on the backup storage systems for approximately two (2) weeks, even after you delete the emails from your mailbox or after termination of Email Hosting Services or Email Marketing Services. In order to improve Malibu.com's services and to ensure the integrity of the Malibu.com servers and system, Malibu.com may retain and analyze Spam (including unsolicited bulk email addressed to your email address) and under certain circumstances may permit certain third parties to do so, but only on a confidential, aggregate basis and only for the purpose of improving systems that address unsolicited bulk email.

For Email Hosting Services, Malibu.com employees do not access the content of any mailboxes unless you specifically request them to do so (e.g., when Customers report difficulties using their account), or if required to do so by law, or if Malibu.com in good faith believes that such action is necessary to protect, maintain and defend the rights and property of Malibu.com, its Customers or the public.

For Email Marketing Services, outgoing bulk email messages are subject to review and rejection by Malibu.com employees prior to transmission. Those messages reviewed by Malibu.com employees will be reviewed solely to determine compliance with the Acceptable Use Policy, specifically those provisions pertaining to Email Marketing Services.

Special Email Addresses. All domains on the Internet are required to have a "postmaster" and "abuse" mailbox pursuant to certain industry regulations, specifically RFC 2821 and RFC 2142. To help you comply with this regulation, Malibu.com automatically accepts mail for the following addresses within all domains hosted on the Malibu.com network:

1. abuse@example.com - delivers to abuse@Malibu.com
2. postmaster@example.com - delivers to postmaster@Malibu.com

These special email addresses must always exist, however you may configure these addresses forward to alternate mailboxes within their domain. Malibu.com employees monitor the emails that arrive to abuse@Malibu.com and postmaster@Malibu.com solely for the purpose of following up on abuse related complaints from Internet users and ISPs.

Log Information. You are provided with detailed usage statistics regarding your Email Hosting Services and Email Marketing Services. To provide this information, and to facilitate troubleshooting of problems, Malibu.com collects certain information relating to the usage of the services. This information is stored in server logs and includes, but is not limited to, usage of SMTP, POP3, IMAP, Malibu.com, Spam Filtering and Virus Scanning. This information is also aggregated in order to generate system wide usage totals, which are used to effectively scale the system infrastructure and improve the quality of the services.

Agents. We use an outside credit card processing company to process and collect fees for Email Hosting Services and Email Marketing Services. We will share your name, address, and credit card information as necessary for the third party to provide their service. These companies do not retain, share, store or use personally identifiable information for any other purposes. These third parties are prohibited from using your personally identifiable information for any other purpose.

Business Transitions. In the event that Malibu.com goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email as well as through a prominent notice on our website and Control Panel of any such change in ownership or control of your personal information for at least 30 days.

Access to Personally Identifiable Information. If your personally identifiable information changes, or if you no longer desire our Email Hosting Service or Email Marketing Service, you may correct, update, delete or deactivate your account in our Control Panel, by emailing support@Malibu.com, by calling our support line at 866.392.3336 x 183 or by postal mail at the address listed below. Malibu.com will respond to your request for access to your personal information with 48 hours.

Public Forums. If you use a bulletin board, blog, or chat room on this Web site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums and could be used to send you unsolicited messages. We are not responsible for personally identifiable information you chose to submit in these forums.

Security. Malibu.com has put in place physical, electronic and managerial procedures to safeguard the information that is collected. Various security technologies have been implemented to ensure that external parties cannot access or modify your personal information on the Malibu.com Network. Specifically, Secure Sockets Layer (SSL) encryption is used on specific Web pages to safeguard online purchase transactions. SSL technology is the industry standard protocol for secure, Web-based communications. SSL is used by e-commerce websites on the Internet to enable secure transactions between customers and suppliers. A limited number of employees are authorized to access your information when the need arises, and those employees undergo thorough background checks and are trained on the importance of maintaining your privacy.

Children's Privacy. Malibu.com is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children's online activities and interests. Malibu.com does not knowingly collect information from children under the age of 13 and does not target its websites, Email Hosting Services, or Email Marketing Services to children under the age of 13.

Release of Personal Information in Extraordinary Circumstances. Except as provided for in this Privacy Policy, Malibu.com will not share your personal information with third parties without your express permission unless extraordinary circumstances apply. With respect to the release of personal information, extraordinary circumstances exist when the disclosure of such information is legally required or requested by a governmental entity, or when Malibu.com, acting in good faith, believes that the disclosure of such information is necessary to conform to legal requirements or comply with legal process, protect the rights of Malibu.com, prevent a crime or protect national security, or protect the personal safety of its Customers or the public. If the information about your account, personal information, emails or other data, is sought from Malibu.com by legal process, such as a subpoena, unless prohibited by law from doing so, Malibu.com will attempt to notify you prior to the time a response is made but there is no assurance that we will be successful or that you will receive such notice. Malibu.com will not contest or challenge the legal process or require a court order. We will provide the information to the party serving legal process on the earlier of 10 days after the process is served on us or on the due date for response set out in the legal process unless a protective order or other court action is received by Malibu.com quashing the process. You will be solely responsible for obtaining such a protective order or court action. Malibu.com will take no steps to do so.

Privacy Policy Changes. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy, our website, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this Policy, we will notify you here, by email, or by means of a notice on our home page.

Website Information

Malibu.com collects statistical information about how Users locate and navigate its websites. This information, sent by normal Web browsers, usually includes the browser type, Internet Protocol (IP) address and referring URL. This information is used to improve the usefulness of the websites and to enhance the positioning of websites within Internet search engines. Users remain anonymous unless they voluntarily contact Malibu.com by filling out an online form, at which point this data may be linked with Users in order to provide the best possible service.

Demonstration email accounts. Website Users have two options in creating an email account for demonstration purposes. 1) Users may anonymously activate a "1-Click Demo" instantly providing access to a limited functionality sample email account through the Malibu.com interface. 2) Users may request a fully functional demo account by filling out an online form. This form requires a valid email address and phone number so that Malibu.com can contact User by email or phone to confirm potential fit of the email service and to provide User with the demo account password. Malibu.com does not use submitted demo request form data for any purpose other than to contact Users regarding the demo.

Contact information. When Users fill out an online form to contact Malibu.com, Malibu.com collects some personal information, including but not limited to name, company name, phone number, email address, and reason for contact. This information is used to respond to the User's initial contact in a timely manner.

Cookies. A cookie is a small piece of information that a Web server can store temporarily with a Web browser. Cookies are useful for having a browser remember specific information that the Web server can later retrieve.

When Users visit Malibu.com owned websites, a cookie is set on their browser for the purpose of gathering statistical data about how the Malibu.com websites are being used. The use of cookies improves the quality of the websites, however if Users prefer, they may configure their browser not to accept cookies. Web browsers that do not accept cookies will still be able to access some of the Malibu.com sites. Cookies are tied to Users' personal information only when a purchase is made, a demo is requested, or a contact form is filled out.

When you use Malibu.com services, a cookie is set on your browser for security authentication purposes. Your sensitive information IS NOT stored within these cookies, unless you specifically select the "Remember my info" check box on the Malibu.com login page located at webmail.Malibu.com. If you prefer, you may configure your browser not to accept cookies. When browsers are configured not to accept cookies, Email Hosting Services will still be available via POP3 and IMAP4 standard protocols and Email Marketing Services may be limited, however, for security reasons the Malibu.com applications will not be available.

Third Party Cookies. Some of the businesses we advertise with use cookies on our website to help us determine the effectiveness of our website content and advertising. We have no control over third party cookies. This Privacy Policy covers the use of cookies by Malibu.com, and does not cover the use of cookies by any advertisers. The information that these companies collect and share through this technology is not personally identifiable. This sub-section on Third Party Cookies only applies to the website Information section of this Privacy Policy and DOES NOT APPLY TO YOUR EMAIL ACCOUNT INFORMATION section. More specifically, we do not use Third Party Cookies when providing Email Hosting Services or Email Marketing Services to you.

Clear Gifs (a.k.a. Web Beacons/Web Bugs). Some of the businesses we advertise with employ a software technology called clear gifs (i.e. Web Beacons/Web Bugs) to help us determine the effectiveness of our website content and advertising. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Users. In contrast to cookies, which are stored on Users' computer hard drives, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to your personally identifiable information. This sub-section on Clear Gifs (a.k.a. Web Beacons/Web Bugs) only applies to the website Information section of this Privacy Policy and DOES NOT APPLY TO YOUR EMAIL ACCOUNT INFORMATION section. More specifically, we do not use Clear Gifs when providing Email Hosting Services; however, they are used to track campaign delivery information in the Email Marketing Services.

Choice/Opt-out. Prior to signing up for our services, we collect personally identifiable information when creating a demonstration email account, when contacting our staff and when requesting customer support. We only collect personally identifiable information that is voluntarily submitted via our online website forms. WE WILL ONLY CONTACT USERS WHEN A REQUEST FOR CONTACT OR A FULLY FUNCTIONAL DEMO EMAIL ACCOUNT HAS BEEN MADE. Users have the option of opting out of future communications by informing the company representative that contacts them, by emailing support@Malibu.com, by calling our support line at 866.392.3336 x183 or by postal mail at the address listed below.

Service-related Announcements. We will send you strictly service-related announcements via email on rare occasions when it is necessary to do so. For instance, if your service is being upgraded or is temporarily suspended for maintenance, we might send you and email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account. We also will occasionally send you an email asking you to fill out a customer satisfaction survey. You may opt-out of these by clicking on the unsubscribe link contained within the email.

EU Safe Harbor. Malibu.com complies with the EU Safe Harbor framework as set forth by the Department of Commerce regarding the collection, use, and retention of data from the European Union.

TRUSTe Privacy Program

Malibu.com is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build your trust and confidence in the Internet by promoting the use of fair information practices. This Privacy Policy specifically covers the following website: www.Malibu.com.com. Because Malibu.com wants to demonstrate its commitment to your privacy through this website, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.

If you have questions or concerns regarding this Policy, you should contact our Privacy Department using the information below:

Malibu.com.
Attn: Privacy Department
228 Commercial Street
#424
Nevada City, CA 95959

Email: privacy-matters@Malibu.com

If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact TRUSTe at the website below:

Website: http://www.truste.org/consumers/watchdog_complaint.php

TRUSTe will then serve as a liaison with the website to resolve your concerns.

The TRUSTe program covers only information that is collected through this Web site, and does not cover information that may be collected through software downloaded from this site.

Updated January 21, 2008