General Terms and Conditions

1. STATEMENT OF INTENT
   XMission’s primary objection is the protection of its network, customers, and employees. Accordingly, XMission reserves the right to take whatever measures it deems necessary to secure its network, customer, and employees against abuse. This includes, but is not limited to: scanning for open mail relays, virus filtering, and spam mitigation, as examples. XMission further reserves the right to take whatever actions it deems appropriate to enforce its terms and conditions including, but not limited to, account suspension or termination if grounds for such cannot be reasonably remedied.
   
   XMission reserves the right to refuse service to anyone at any time for any reason.
2. WAIVER OF WARRANTY AND LIMITATION OF LIABILITY
   UNLESS OTHERWISE STATED IN THE SERVICE ADDENDA: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY, AND XMISSION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO SERVICES PROVIDED, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) WITHOUT LIMITING THE FOREGOING, XMISSION MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS OR MALWARE FREE, PROVIDED XMISSION MAINTAINS INDUSTRY STANDARD DATA PROTECTION PRACTICES; (C) STATED BANDWIDTH(S) APPLY ONLY TO THE CUSTOMER-TO-XMISSION ROUTER PORT ATTACHMENT, NO GUARANTEE OF END-TO-END BANDWIDTH ON THE INTERNET IS MADE; AND (D) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS AND/OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
   
   EACH PARTY’S EXCLUSIVE REMEDY AND ENTIRE LIABILITY TO THE OTHER PARTY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THE AGREEMENT AND/OR YOUR USE OF THE SERVICES, SHALL BE LIMITED TO THE AMOUNT YOU PAID XMISSION FOR THE SERVICES FOR THE PRECEDING TWELVE-MONTH PERIOD.
   
   IN NO EVENT SHALL EITHER PARTY, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE TO YOU THE OTHER PARTY OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, OR INABILITY TO USE THE SERVICES. IF YOU ARE DISSATISFIED WITH THE TERMS OF THE AGREEMENT OR THE SERVICES, YOUR SOLE REMEDY AND EXPRESS OBLIGATION IS TO STOP USING THE SERVICES. IN THE EVENT YOU FAIL TO STOP USING THE SERVICES AND CLAIM SOME INJURY AS THE RESULT, YOU AGREE TO INDEMNIFY AND HOLD XMISSION HARMLESS FROM ANY AND ALL LOSSES OR DAMAGE, INCLUDING ATTORNEYS’ FEES INCURRED BY XMISSION IN DEFENSE OF ANY ACTION INITIATED BY YOU OR A THIRD PARTY.
   
   SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. NOTHING IN THIS AGREEMENT EXCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY XMISSION NEGLIGENCE, FOR ANY INDEMNITY PROVIDED BY IT UNDER THIS AGREEMENT, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, BREACH OF DATA SHARING AND SECURITY OBLIGATIONS OR FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED BY LAW.
3. INTELLECTUAL PROPERTY
   
   1. For purposes of these Agreement, “Content and Material” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, code, or other material that can be viewed or heard by users while using XMission’s website, network or services, and which was created by XMission. All of the Content and Material is subject to United States and international copyright, trade dress, trademark and/or other intellectual property laws with all rights thereto held by Use of any Content and Material without prior written authorization by XMission is strictly prohibited and may subject You to liability.
   2. If You know of, or suspect, copyright or trademark infringement or other unauthorized or improper use of XMission’s property by others, including but not limited to uses for commercial purposes, please notify XMission
   3. Digital Millennium Copyright Act. XMission has not taken and will not take content or material from You or any third party unless it has been assigned to XMission pursuant to However, if You are a copyright holder and have a good faith belief that any content or materials posted on this Website infringes Your copyright, please send to XMission Your notification of claimed infringement requesting the material to be removed or blocked to the following:
      
      XMission, L.C.
      51 East 400 South, Suite 000 Salt Lake City, UT 84111-3038
      Phone: 801.539.0852
      Legal Response Email: legal@xmission.com
      
      Your notice must contain the following: (a) Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works, including title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.; (b) Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the copyright holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material); (c) Your contact information so that we can make contact with You (including for example, your address, telephone number, and email address); (d) A statement that You have a good faith belief that the use of the material identified above in “b” is not authorized by the copyright owner, its agent, or the law; (e) A statement, under penalty of perjury, that the information in the notification is accurate and that You are authorized to act on behalf of the copyright owner; and (f) Your signature. Prior to sending us notice, You may wish to consult a lawyer to determine Your rights and legal obligations under applicable laws. Nothing here or anywhere on this Website is intended as a substitute for qualified legal advice. You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from the Website without liability to you or any other party.
   4. COMMUNICATIONS DECENCY
      XMission does not control or monitor the content users of the Service. XMission invokes Section 230 of the Communications Decency Act (47 U.S.C. § 230) (hereinafter “CDA”) and Utah Code 76-9-203. XMission advises You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Pursuant to the CDA, XMission takes no responsibility and assumes no liability for any content You may view while utilizing XMission’s website, the Services, or the XMission network. XMission has no obligation to, monitor, edit, or remove content that may be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any third-party’s intellectual property rights. XMission also maintains a separate policy under Utah Code 76-10-1231 which can be found here, https://wiki.xmission.com/Content_Filtering, which is incorporated by reference herein.
   5. MAINTENANCE
      All scheduled systems maintenance will be performed during approved maintenance window times. Scheduled maintenance does not qualify as outages, and does not qualify for credit. Maintenance will be listed here: https://status.xmission.com/. Critical systems refers to: electrical infrastructure, core routers/switches, and core servers (e.g., mail, web hosting, etc.)
      
      Approved maintenance window times:
      
      For critical systems: between midnight-6am on Sat/Sun/Mon mornings;   For non-critical systems: outside of business hours, preferably between 10pm-7am.
   6. INDEMNITY
      You agree to defend, indemnify, and hold XMission (and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors) harmless to the fullest extent permitted in law or equity from all liabilities, demands, claims, and expenses, including attorneys’ fees that may arise from Your use or misuse of XMission’s website, the Services, Your breach of the Agreement, and/or Your violation of any law or the rights of a third party. XMission will provide notice to You of any such demand, claim, suit, or proceeding. XMission reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with XMission in asserting any available defenses. XMission shall indemnify Customer from any claims, demands, suits or proceedings made or brought by a third party that arises out of or results from (a) XMission’s own actual or alleged infringement, misappropriation or other violation of third-party intellectual property rights; (B) any gross negligence or willful misconduct by XMission; and/or (c) XMission’s breach of the MSA or relevant privacy or data security obligations.
   7. GOVERNING LAW:
      Pursuant to the MSA, this Agreement shall be governed by and construed in accordance with the law of the State of Utah without reference to its choice of law In the event any of the provisions contained in this Agreement shall be invalid or unenforceable, the remaining provisions shall be construed as if such invalid or unenforceable provisions were not contained in this Agreement. By entering into the Agreement or using the Services, Customer expressly agrees to the jurisdiction of courts of the State of Utah.
   8. EMAIL AND SPAM
      1. Spam Mitigation. The receipt of unsolicited or unlawful commercial electronic mail messages, otherwise known as spam (“Spam”), adversely affects the use and enjoyment of email services, as well as XMission’s business and its ability to provide email services to customers. Accordingly, You agree that XMission may take action on Your behalf to mitigate Spam and You grant to XMission the authority and right to opt-out and/or unsubscribe from receiving any and all Spam emails, sent by any party to Your email address(es), as determined by You also grant and hereby assign to XMission the authority and right to take any other action, including legal action, to stop the mailing and/or receipt of Spam emails to Your email address(es), and seek all available legal remedies against responsible parties, including monetary damages. You understand that through this assignment of claims, You forgo Your personal right and interest to assert legal claims arising under state or federal law, including potential claims for monetary relief, resulting from Your receipt of Spam emails. State law claims may arise under State consumer law. As examples, the Utah Consumer Sales Practices Act, which allows for the recovery of monetary damages for certain consumer transactions and may apply to certain Spam practices. XMission’s Spam mitigation effort may require the preservation and disclosure of Your emails, as well as information contained in the emails, such as, Your name and email address. In most cases, the parties to whom the disclosure is made are already in possession of this information which they used to send You the Spam (i.e., Spam emailers, their attorneys, etc.), but disclosure may also be made to attorneys, law enforcement, the court and court personnel. XMission will make every effort to obfuscate any personally identifying information included in the Spam emails or ensure that any information is protected by a protective order. If You do not wish to have Your email address(es) included in the Spam mitigation effort, or do not desire to assign Your right to claims to XMission, it is Your responsibility to contact XMission at fightspam@xmission.com and opt-out. You may request information from XMission regarding any action taken by XMission described above, which information will not be unreasonably withheld.
      2. Zero Tolernace. To both aid in the fight against Spam, and to keep XMission’s mailservers off Internet blacklists, XMission has zero tolerance in regards to Your sending unsolicited (email/fax/pages/news) messages, or bulk messages (i.e., more than ten (10) messages containing substantially similar content in less than one minute). If XMission receives complaints about Your spamming, a written warning will be sent to You and Your account will subsequently be subject to cancellation unless You 1) cure the noncompliant behavior within fifteen (15) days after your receipt of the written warning; or 2) prove the recipient requested bulk email from You. You may also face legal action and confess to liquidated damages in the amount of $50 per incident (i.e., one email message constituting one incident) and $100 per hour per employee whose time was used to address the issue. While bulk email is the primary concern, XMission’s Spam policy applies to all other forms of bulk communications.
      3. XMission’s email service is not HIPAA compliant. HIPAA compliance will require additional add-on features.
   9. PRIVACY
      The XMission Privacy Policy sets forth XMission’s privacy practices with regard to the collection and use of personal information. The XMission Privacy Policy is incorporated herein by this reference. You are required to carefully read the XMission Privacy Policy prior to transacting any business with XMission as part of this Agreement.
   10. [RESERVED]
   11. EQUIPMENT AND SOFTWARE
       1. Physical Equipment and/or Software products that are not provided by XMission are Your responsibility. XMission will not be responsible for the installation of and/or service on equipment and/or software not provided by XMission. You are responsible for the use and compatibility of hardware and software not provided by XMission. In the event You use hardware and/or software that does impair your use of the Services, You shall nonetheless be liable for regular payment to XMission. Upon notice from XMission that the hardware and/or software not provided by XMission is causing, or in the sole reasonable opinion of XMission, is likely to cause hazard, interference or service obstruction and XMission provides You with evidence that the non-XMission hardware or software is the cause of the impairment, You shall eliminate the hazard, interference or service obstruction You will, if necessary, pay XMission to troubleshoot problems caused by such equipment and/or software not provided by XMission. XMission will not be responsible if any changes in hardware, software or services cause equipment not provided by XMission to become obsolete, require modification or alteration, or in any other way affect the total performance of Services. In the case of user-owned hardware and/or software connected to the XMission network, the user is solely responsible for any and all service to that equipment. XMission, at its option, may supply technical services in the form of consulting and/or service to XMission for a fee. XMission has the right to refuse any such technical services at its sole option. On leased telephone lines, no matter who the leasing party is, XMission must have free and open access to such lines.
       2. Physical Equipment and/or Software products provided by XMission are Your responsibility while in Your You agree to maintain such Equipment and/or Software products in working condition, free from damage outside of normal wear and tear. You agree to grant access to XMission at mutually agreeable times to service, update, or replace any such hardware in XMission’s discretion. XMission agrees to comply with Customer’s Code of Conduct, available at https://ldscdn.org/purchasing/Contract/Code of Conduct for On-Site Work 2017.pdf and incorporated herein by reference, as amended, when delivering or performing services on any of Customer’s premises, wherever located. Unless authorized in advance by Customer, XMission will not perform services on Customer’s premises on Sundays. Further, You agree that any failure to timely pay for the hardware/software or otherwise breach Your responsibilities pertaining thereto, may result in XMission’s repossession of the hardware and/or software. Some services involve leased equipment paid during the terms of service. Other equipment is provided as part of the services. Regardless of lease status at the time of termination of services, if XMission provided it equipment is not returned within fifteen (15) business days of termination, XMission reserves the right to charge a monthly lease fee based on the fair market value of the equipment amortized over a twelve (12) month period with 10% interest (“Lease Fee”). The Lease Fee will vary from product to product, and will be identified on monthly invoices. The Lease Fee will continue until the first of the following to occur: (a) You return the equipment in clean, working condition, with no more than ordinary wear and tear. However, XMission reserves the right to reject the return of any damaged equipment after inspection; (b) twelve (12) months, after which you are free to keep the equipment.
   12. GENERAL TERMS OF SERVICE
       1. XMission will exercise no control whatsoever over the content of any information passing through it.
       2. You are responsible for maintaining secure, unique account passwords and to update them
       3. You will not use the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal identification information of others; (i) to Spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this XMission’s network, or any related network, website, or other websites, or the Internet.
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       4. You may not: (a) resell or make commercial use of the Services or XMission network, or any of its You may not modify, adapt, translate or convert into another form any portion of the Services, XMission’s website, or the XMission network; (b) copy, reproduce, download, display, perform, transfer, transmit or publish any portion of the Services, XMission’s website, or the XMission network by any means or in any form; (c) access the Services, XMission’s website, or XMission network from any jurisdiction where doing so would be illegal.
       5. You will comply with all laws pertaining to privacy, data collection and protection, intellectual property, contract, and other applicable laws, including but not limited to those laws in the jurisdiction in which you reside or from which you use the Services.
       6. Any and all information You obtain through XMission’s data network services (public and or private) is at Your own risk.
       7. Any and all access to other networks via XMission must be in compliance with all policies and rules of those networks. This applies to any other network that XMission attaches to.
       8. You shall provide all necessary preparations required to comply with XMission’s installation, maintenance and operational You will be responsible for all costs of relocation of service once installed by XMission and/or its vendors, and will provide XMission and its suppliers of communication service and equipment, reasonable access to your premises to perform any acts required by the Agreement subject to conditions of Section 12.2 above
       9. XMission bills for all services in Non-contracted accounts are suspended 14 days after their due date if payment is not made. Invoices are sent by email unless the customer requests postal billing, which is billed at $1.50 per invoice. XMission notifies clients an account is due on three separate occasions: with the original invoice (typically 14 days before the account comes due), the day the account is due, and the day before the account will be suspended. XMission accepts all forms of payment including cash, checks, ACH transfers, and most credit cards (e.g., Mastercard, Visa, American Express, Discover). XMission will assess a $20 fee on all returned checks and credit card invoices.
       10. Non-contracted accounts are terminated when a customer notifies us they wish to cancel their If a customer doesn’t pay for service the account will be suspended 14 days after the due date and then terminated 7 days later. The customer is responsible for the period of time billed while the account remains active so we suggest you cancel your service to avoid such charges. Any customer terminated account is subject to a refund for the balance due minus a $10 processing fee. This fee will be credited one time to clients who later return to XMission. Accounts canceled by XMission for policy violations are NOT subject to refund and penalty fees may apply.
   13. GENERAL PROVISIONS
       1. Transferability. Neither party may sell, assign or transfer Services without the prior written consent of the other party.
       2. Waiver. Any failure by XMission to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or XMission’s rights and remedies under the Agreement are cumulative, and the exercise of a right or recovery of a remedy shall not limit or prevent XMission’s exercise of another right or recover another remedy allowed under the Agreement, at law or in equity.
       3. Modification. THESE TERMS AND CONDITIONS CANNOT BE MODIFIED EXCEPT BY WRITTEN AMENDMENT BY THE PARTIES. NO AGENT, EMPLOYEE OR REPRESENTATIVE OF XMISSION HAS THE AUTHORITY TO BIND THE PARTIES TO ANY REPRESENTATION OR WARRANTY UNLESS SUCH IS SPECIFICALLY INCLUDED IN THESE TERMS AND CONDITIONS, THE MSA, OR THE SERVICE ADDENDA.
       4. Force Majeure. In addition to any excuse provided by applicable law, XMission shall be excused from liability for its failure to honor any obligations arising from any event beyond XMission’s reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, governmental act or regulation, epidemic, pandemic, and any other causes or events beyond XMission’s reasonable control, whether or not similar to those which are enumerated Any such delay or failure will suspend this Agreement until the Force Majeure event ceases or abates to such a degree that the parties mutually agree that performance can reasonably resume, provided that such party gives the other party prompt written notice of the failure to perform, the reason for the failure to perform, its expected duration, and its anticipated effect on the ability to perform the obligations, and uses its reasonable efforts to limit the resulting delay in its performance. However, if such condition persists for a period of greater than thirty (30) days, the other party may, at its option, terminate this Agreement in writing without penalty; provided, however, that such termination will not affect the provisions of this Agreement that are intended to survive the Agreement’s termination. This Section does not excuse either party’s obligation to take reasonable steps to follow industry disaster recovery procedures.
   14. CONTACT US
       
       XMission, L.C.
       51 East 400 South, Suite 000
       Salt Lake City, UT 84111-3038
       Phone: 801.539.0852
       
       Toll-Free: 877.964.7746
       Legal: legal@xmission.com
       Sales: sales@xmission.com
       
       Billing: billing@xmission.com
       Support: support@xmission.com
   
   
   

   Exhibit B
   
   Privacy Policy

   
   
   XMission has created this Privacy Policy to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices. This Privacy Policy applies to any personal information you provide to us or that we collect through our website, use of services, or other electronic forms of communication. By accessing or using any part of XMission’s sites or services, you agree to the collection and use of information according to this Privacy Policy. This page explains:
   
   • What personally identifiable information is collected from you through our websites and/or services, how it is used, and with whom it may be shared;
   • The security procedures in place to protect your personal information;
   • What choices are available to you regarding the use of your personal information;
   • How you can correct any inaccuracies to your personal
   • We are committed to respecting and protecting your information and would like you, our valued customers, to understand what information is collected, why we collect it, and how we protect
   
   What We Gather
   
   While using our websites to browse, create an account, or sign up for services, we may collect the following personal information from you:
   
   • Identifying Information: First, middle, and last name, mailing, shipping, and billing addresses, email addresses, phone numbers, and IP addresses. We use the data to provide you with products and services, order processing, customer support, and marketing.
   • Internet Data: Pages viewed, search terms used, web access times, device number, device model, operating system and version, device date and time, and unique device identifiers. We use the data for security, performance on our website, to improve our customers’ experience, and for marketing.
   • Commercial Information: Purchase history, account status information, live chat, and email communications. We may collect credit card numbers, security codes, and expiration dates but we do not store full credit card numbers or security codes, we only store tokenized credit card data and expiration dates. We use the data to provide you with the services, order processing, customer support, refunds, and marketing.
   • Class Information: Verifying you are over 18 years old, or your age range and We use the data to ensure compliance with applicable laws.
   • Audio Information: Audio recordings of your phone communications with customer We use the data for customer service training and conflict resolution.
   • Customer website client access logs indefinitely for analytics, but will remove or rotate them upon customer request. We retain server logs for up to 30 days for debugging purposes.
   
   This information is necessary to provide you with the requested services and to stay responsive to your customer needs. It not only helps us personalize offerings, but helps us discover and fight fraud.
   
   How We Gather Data
   
   XMission collects data to operate effectively and provide you with the best experience possible when using our website and services. This data is collected in a variety of ways. You provide us with personal information when you create an account, sign up for services, access our colocation and data centers, add hardware to your account, enter, or correspond with us by email, phone or an online chat. Additionally, we automatically collect data based on how you use our websites and services, how you got to our websites, and other user behavior metrics utilizing analytics and cookies.
   
   Cookies and Similar Technologies
   
   Cookies are small files stored on your devices that tell websites who you are. XMission uses cookies to track how you use our site to create personalized experiences, and for real time communication such as chat. If you prefer not to use cookies, you may shut them off by changing the appropriate setting in your browser. Without cookies, however, we may not be able to accomplish some of the functions needed to interact with you online.
   
   Law Enforcement Guidelines
   
   XMission honors specific law enforcement requests for preservation; however, we require that law enforcement serve warrants signed by a judge for extraction. Our Tor server has zero log retention.
   
   XMission will hold data for up to six months upon receipt of a specific retention request. If a subsequent warrant for the data is not served in that time, the data will be discarded. XMission may hold raw data for unsolicited/unlawful commercial emails, commonly referred to as spam, for up to six years to assist with its spam mitigation effort for the benefit of XMission’s customers.
   
   XMission charges $250 per hour for administrative services.
   
   Disclosure of Information to Third Parties
   
   XMission does not sell your personal information to third parties. However, we may disclose your personal information in limited circumstances to our service providers and third-party processors to provide a better experience for customers using our websites, to investigate fraud or unlawful or illegal conduct, or to address other legal issues and remedies. We may also utilize third-party services to provide customized internal site search, to collect and remit sales tax, and to provide the best rates possible.
   
   All information logged by our various systems is also used for internal purposes only and will not be released unless under a court issued warrant with the proper jurisdiction. XMission customers will be notified of all government and law-enforcement requests for their private data, whether done according to U.S. and Utah constitutions with a court-issued warrant or improperly without.
   
   If subpoenaed or otherwise legally compelled, we will surrender any relevant personal information to the extent required by law and court order, but only after exhausting remedies available to us to avoid disclosure. Below is a list of third-parties XMission works with. We have organized them into categories based on what they help us with.
   
   Service Providers
   • UTOPIA Fiber
   • Yellowstone Fiber
   • Sumo Fiber
   • The City of Lehi
   • Bonfire
   • VoIP Innovations
   • GlobalGig
   • Lumen
   • Verizon
   • Comcast
   • First Digital Order Processing
   • io (Billing/Invoicing)
   • Paya (Merchant Bank) International Transfer of Data
   
   Your personal information is stored and processed on servers located in the United States of America for the purposes described in this Privacy Policy. If you are a resident of a country outside of the United States, you agree as a part of this Privacy Policy to the global transfer, process, and storage of your personal information.
   
   How We Protect It
   
   Keeping your information secure is as important to us as it is to you. We maintain physical, electronic, and procedural safeguards reasonably necessary to ensure the protection of your personal information against loss, misuse, disclosure, and alteration.
   
   Employees are educated on security protocols to ensure the safe and proper handling of your personal information. Only authorized employees are allowed access to stored personal information, and only for the explicit uses described in this Privacy Policy. Our company, websites, call center, and showrooms comply with Payment Card Industry Data Security Standards (PCI-DSS). Information is encrypted and transmitted on a secured network (SSL); we do not store your credit card numbers in our database or on our servers. Credit card numbers are processed and tokenized by a secure credit card processing company.
   
   Although we do our best to protect your personal information, we cannot guarantee the security of personal information transmitted to us electronically. XMission has established policies and protocols for managing any potential data breach. Please do your part in protecting any other personal information against unauthorized use. Keep your password safe and confidential, and be sure to sign off when finished using a shared computer. Also scan your computers regularly for viruses, malware, and spyware.
   
   By using our website and/or services, or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our websites and services. If we learn of a security breach involving your personal information, we may attempt to notify you electronically by sending an email to you.
   
   How We Use It
   
   Your information helps us administer our services in the most effective and efficient manner possible. It also helps understand current consumer trends, to develop or make available additional desirable services, and aids our marketing team in making better business decisions. We use your information only for lawful purposes consistent with our business plan and service offerings.
   
   We do not use your personal information for automated decision-making or profiling.
   
   Your Access and Control over Information
   
   If you are a resident of certain states or countries, you may have the right to:
   • Obtain information regarding the collection, processing, and sharing of your personal information;
   • Access the personal information we have obtained about you, if any;
   • Correct your personal information;
   • Delete your personal information;
   • Request an electronic copy of your personal information;
   • Object to the use of your personal information for certain
   
   You can also access and update your XMission account information by logging into your account. To submit a data subject request, please contact us by emailing support@xmission.com. We will respond to all valid data subject requests within a reasonable time, unless a specific time period is mandated by law. Please note that certain exemptions, laws, and regulatory requirements may prevent us from complying with your request. XMission will not discriminate against individuals who exercise these rights.
   
   Do Not Track Policy
   
   Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. We currently do not respond to browser “do not track” signals.
   
   Links to Other Sites and Social Sharing Features
   
   Our websites may contain links to other sites that are not operated by us. If you click on a link to a third- party site, you will be directed to their site. We have no control over these sites and cannot protect any personal data you submit while on their sites. We strongly advise you to review the privacy policy of every site you visit. Our websites may offer social sharing features (such as the Facebook Like button) which lets you share actions you take on our websites with your friends or the public depending on the settings of your social sharing account. For more information about these social sharing features, please visit the privacy policy of the respective entity.
   
   Children’s Privacy
   
   We do not knowingly collect or process personally identifiable information from anyone under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, please contact us at privacy@xmission.com.
   
   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. If we make any material changes to how we treat our customers’ personal information, we will notify you through a notice on our website’s home page. 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.
   
   Contact Information
   XMission, L.C.
   51 East 400 South, Suite 000
   Salt Lake City, UT 84111-2753
   Phone: 801.539.0852
   
   Toll-Free: 877.964.7746
   Legal: legal@xmission.com
   Privacy: privacy@xmission.com