BACKUPMOXIE, LLC PRIVACY POLICY

Effective March 10, 2009

BackupMoxie, LLC ("BackupMoxie") provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive when you visit and use our website located at www.backupmoxie.com (the "Site") and when you use the BackupMoxie data backup services (collectively, the "Services"). This Privacy Policy applies only to information that you provide to us through the Services, and when you access, download, purchase or use any information, services, products or content appearing on the Site or offered by BackupMoxie through the Services. This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You are advised to consult this Privacy Policy regularly for any changes.

By using our Services you are consenting to our Processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing" means using cookies on a computer or using or touching information in any way, including, but not limited to, collecting, storing and deleting, using, combining and disclosing information and transferring it to the United States and internationally.

Information Collection: Personally Identifiable Information

1. In the course of using and providing the Services, we will ask you to provide us with certain personally identifiable information that can be used to contact or identify you and administer your account, as well as information that will allow us to access your servers ("Personal Information"). Personal Information may include, but is not limited to, your name, phone number, credit card or other billing information, email address and home and business postal addresses.
2. When you use the Services, the servers automatically record information that your browser sends whenever you visit a website or online service ("Log Data"). This Log Data may include, but is not limited to, your computer's Internet Protocol address, browser type, the web page you were visiting before you came to the Site and information you search for on a Site.
3. Like many websites, we use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use "persistent cookies" to save your username and login password for future logins to the Site. We use "session ID cookies" to enable certain features of the Services, to better understand how you interact with the Services and to monitor web traffic routing on the Site and aggregate usage of the Services. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Services.
4. Third party advertisers on the Site may also place or read cookies on your computer's browser, which permit them to collect information about users who view or interact with their advertisements. The collection and use of such information is subject to such third party's privacy policy.

Our Policy Toward Children

BackupMoxie does not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at privacy@backupmoxie.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

How We Use Personal Information

1. Personal Information is used for the following purposes: (i) to provide and improve the Services, (ii) to administer your use of the Services, (iii) to enable users to enjoy and easily navigate the Site, (iv) to better understand your needs and interests, (v) to fulfill requests you may make, (vi) to personalize your experience, (vii) to provide service announcements, and (viii) to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, including newsletters, marketing or promotional materials and other information on BackupMoxie related services. If you decide at any time that you no longer wish to receive such communications, please follow the unsubscribe instructions provided in any of the communications.
2. We use information we obtain by technical means (such as the automatic recording performed by our servers or through the use of cookies) for the above purposes and in order to monitor and analyze use of the Services and for the technical administration of the Site, to increase the functionality and user-friendliness of the Services, to better tailor both to your needs, to generate and derive useful data and information concerning the interests, characteristics and website use behavior of our users, and to verify that visitors and users to and of the Services meet the criteria required to process their requests.

Information Sharing and Disclosure

BackupMoxie Users. Any comments that you post to the Site will be publicly available. We recommend that you guard your anonymity and sensitive information and we encourage you to think carefully about what information you disclose in any comments.

Aggregate Information and Non-Identifying Information.

We may share aggregated information that includes non-identifying information and Log Data with third parties for industry analysis, demographic profiling, and to deliver targeted advertising about other products and services. Any aggregated information shared in these contexts will not contain your Personal Information.

Service Providers.

We may employ third party companies and individuals to facilitate the Services, to provide the Services on our behalf, to perform services related to administration of the Services (including, without limitation, bill and credit card payment processing, maintenance, hosting and data center management services, web analytics and administration). These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Compliance with Laws and Law Enforcement.

BackupMoxie cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of BackupMoxie or a third party, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable.

Business Transfers.

BackupMoxie may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Changing or Deleting Your Information

All BackupMoxie users may review, update, correct or delete the Personal Information maintained by BackupMoxie by contacting us at privacy@backupmoxie.com. We may retain an archived copy of your records as required by law or for legitimate business purposes.

Security

BackupMoxie is concerned with safeguarding your information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access.

International Transfer

Your information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to BackupMoxie, please be advised that we transfer Personal Information to the 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.

Phishing

Identity theft and the practice currently known as "phishing" are of great concern to BackupMoxie. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website.

Links to Other Site

The Services may contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation that we are affiliated with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites and services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at privacy@backupmoxie.com.