Date: July 9, 2007
The Website is not intended for children under 13 years of age. MokaFive does not knowingly collect personal information from children under 13.
Gathering, Use and Disclosure of Non-Personally-Identifying Information
Users of the Website Generally
"Non-Personally-Identifying Information" is information that, without the aid of additional information, cannot be directly associated with a specific person or entity.
"Personally-Identifying Information," by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person or entity.
Like most website operators and Internet-related services providers, MokaFive collects Non-Personally-Identifying information of the sort that the Web browsers and servers typically make available, such as IP addresses, browser type, plugins, screen resolution, language preference, referring site, and date and time of each user interaction. MokaFive's purpose in collecting Non-Personally-Identifying Information is to better understand how MokaFive's users interact with the Website. From time to time, MokaFive may release Non-Personally-Identifying Information in the aggregate, e.g., by publishing a report on trends in the usage of the Website.
Software Users - System Information
Software Users - Usage Information
At the time you download the Software, MokaFive will present you with the option of clicking to agree to allow MokaFive to collect Usage Information. If you so agree, the Software will transmit to MokaFive's servers, and MokaFive will collect certain information about how you use the Software and LivePCs such as: (i) information about your computer, including without limitation, the number of CPUs, your operating system version, the amount of RAM available, the amount of free disk space available, and the display resolution; (ii) information about the Software you are using, including without limitation, the version, flat cache size, whether the Software is USB or host installed, whether the Software is backup enabled, the virtual machine monitor name and version and a unique, anonymous cookie associated with each installation of the Software that enables MokaFive to correlate usage data with the Software installation; and (iii) information about how you use the Software and LivePC including without limitation your list of subscribed LivePCs, the time you start and stop using the Software, the day and time that you install and uninstall the Software, the time you start and stop using a LivePC, the run times for your LivePC, the amount of time your LivePC is suspended, the LivePC download time and rate, the time it takes for your LivePC package to upload and your number of concurrently running LivePCs (collectively, "Usage Information"). By clicking "I AGREE", you agree to permit MokaFive to collect your Usage Information, and not to make any attempt to manipulate or falsify your Usage Information. As with information collected from visitors to the Websites, MokaFive may release, in the aggregate, Non-Personally-Identifying Information (such as Usage Information) gathered in connection with the use of the Software. It will not, though, disclose Personally-Identifying Information gathered in connection with the use of the Software other than under the circumstances that it discloses Personally-Identifying Information, as described below. If you do not wish to have MokaFive collect your Usage Information, you should not click "I AGREE" before installing the Software.
Cookies and Web Beacons
It is possible to link cookies to and use web beacons to obtain Personally-Identifying Information. MokaFive and its contractors do so, however, to: (i) verify the identities of those of users - for example, Contributors - who previously have provided Personally-Identifying Information and whom MokaFive must identify across multiple visits to the Website; and (ii) to store the preferences of repeat users of the Website. MokaFive and its affiliates and contractors may correlate the information gathered by means of cookies and web beacons with Personally-Identifying Information for the purpose of profiling Website users.
Collection of Personally-Identifying Information
Website Contributors and Customer Service Users
Certain users interact with the Website in ways that require MokaFive to know a little more about them, or to be able to identify them across multiple uses of the Website. From these users MokaFive collects Personally-Identifying Information. The amount and type of Personally-Identifying Information that MokaFive collects depends on the nature of the user's interaction with the Website. For example, MokaFive requires users seeking customer service to supply a name and email address, for the purpose of enabling MokaFive to contact them in response to their questions. MokaFive requires Contributors - whose identity MokaFive must verify prior to each Contribution, and whom MokaFive must be able to identify or contact in the event of an issue concerning their Contributions - to provide even more information, including without limitation their name, email address, user name, password, phone number, address, and postal zip code. You can always refuse to supply Personally-Identifying Information to MokaFive, with the caveat that it may prevent you from engaging in certain activities on or related to the Website.
On-line Forums and Blogs
Certain Personally-Identifying Information collected from users is disclosed as a matter of course as a result of those users' use of the Website. USERS ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR VOLUNTARY DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION.
DMCA Infringement Notifications, Notices of Violations of Website Terms of Serviceand Other Communications Directed to MokaFive
By submitting a Copyright Infringement Notification or other communication (including communications about content stored on or transmitted through the Website) you consent to have such communication forwarded to the person or entity who stored or transmitted the content addressed by your communication, in order to facilitate a prompt resolution. For Notices of Violations of Website Terms of Service or other communications (but not DMCA Infringement Notifications), upon request MokaFive will edit out your name and contact information. However, DMCA Infringement Notifications (including any personally identifiable information set forth in the Notifications) will be forwarded as submitted to MokaFive without any deletions.
MokaFive will also disclose Personally-Identifying information under the following circumstances:
By Law or to Protect Rights - MokaFive discloses Personally-Identifying Information when required to do so by law, or in response to a subpoena or court order, or when MokaFive believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of MokaFive, third parties or the public at large.
Marketing Communications - MokaFive will email users about products and services that MokaFive believes may be of interest to them. MokaFive also will provide users' email information to third parties, so that those third parties may directly contact users about additional products and services. If a user wishes to opt-out of having their email information provided to third parties at any time after registration, they may do so by sending MokaFive an email at email@example.com. Even after opting-out, a user may continue to receive marketing emails from third parties to whom MokaFive already has provided the user's email information. Users will be responsible for directly contacting such third parties to request cessation of further marketing emails.
Protection of Certain Personally-Identifying Information
MokaFive takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of Personally-Identifying Information stored on the Website.
Third-Party Websites and Services
Contests, Giveaways and Surveys
Email to Friends Feature and Referral Program
MokaFive offers users the ability to send friends emails about the Website and Software. If users choose to use this feature, be assured that MokaFive only uses friends' email addresses on a one-time basis to send the requested email.
Updating of Personally-Identifying Information, and Opt-Out
MokaFive permits its visitors to freely update, correct, or delete any Personally-Identifying Information maintained by MokaFive. To do so, you need only look for the links and other tools available on the Website or contact MokaFive by email. If you no longer wish to receive materials distributed by MokaFive mailing list, you should unsubscribe by using the unsubscribe link located in the email message.
This policy is effective as of and was last updated on July 9, 2007.