The FCC has recently issued new rules intended to preserve the free and open Internet.
These rules require WHIDBEY ONLINE to provide the following disclosures:

Network Practices

ORCAS ONLINE DBA WHIDBEY ONLINE’S connections to the Internet are provisioned with adequate capacity to prevent congestion, even during the busiest periods. We do not inhibit or favor applications or classes of applications being used over the network. WHIDBEY ONLINE does not restrict the types or quantities of devices connected to a High-Speed Internet subscriber’s Internet connection.

Performance Characteristics

Whidbey Online offers many different High-Speed Internet packages to best serve our customers’ needs using Wireless (WIRELESS) Broadband Internet as the primary technology. High-Speed Internet speeds are targeted to achieve 100% of advertised speeds. Speed may be tested on ORCAS ONLINE’s speed test server at http://st.OrcasOnline.net.

WHIDBEY ONLINE’s round-trip latency to our Internet connections depends on the technology used to access the Internet. WHIDBEY ONLINE offers many internet packages suitable for real-time applications such as voice-over-Internet or streaming media. Our customer service representatives are happy to assist consumers in choosing a package that matches the specifications for specific software or applications.

Commercial Terms

Monthly pricing and other fees for Wireless broadband services are available on the WHIDBEYONLINE website. Traffic from individual subscribers is not analyzed or characterized in any way, nor are any security measures employed which could impair subscribers from utilizing their Internet connections in any lawful way they desire.

If you require additional information please visit  WHIDBEYONLINE.COM. You may also write to Orcas Online, Inc, Attn: Customer Service Manager, POB 1901, Eastsound, WA 98245. Within 7 days, we will send you a letter acknowledging receipt of your letter. Within 15 days of receiving your information, we send you a letter of determination.

Client agrees to pay all fees, including the monthly service fee, set up fees (if any) or any other fees set forth below.

Client agrees to pay by one of the methods specified below. There is a $25.00 service-processing fee for each returned check, declined credit card or declined electronic payment transaction (EPS). Changes in automatic payment methods must be received by the 10th day of each month.

BILLING CYCLE

Clients monthly billing cycle begins on the first day of each month of service and ends on the last day of that month. Dependent upon the activation date (sign-up), the first and last months may be pro-rated.

Automatic payments by credit card or auto debit are processed on the 1st day of the month of service.

INVOICES:

Clients will receive a monthly invoice by electronic mail (e-mail) to the email address listed on the account.   Paper invoices are available on request.  PLEASE NOTE:  There is a $5.00/per invoice charge for paper invoice service.

WIRELESS:

Clients are invoiced for the following month (e.g. on the 15th of June, an invoice will be sent out for July service). Clients who pay by auto-debit or credit card will receive an email record of their invoice.  A discount is available to clients opting to pay on an annual basis.

DEACTIVATION

Clients who are delinquent on their account beyond 10 days are subject to deactivation. Accounts that are more than one month unpaid may be deactivated and will continue to accrue the specified monthly service charges until the Client contacts the Provider and brings the account current. Delinquent accounts will be assessed a $20.00 late fee. Orcas Online, Inc. d/b/a Whidbey Online reserves the right to restrict access to email and website information upon deactivation. Accounts that are more than 30 days in arrears are subject to deletion of email and/or files at the discretion of Whidbey Online management.  A reactivation fee may apply.

TERMINATION

To protect your rights and for proper documentation, termination requests must be in writing. Emailed notifications should be sent to accounting@orcasonline.com. Because payments are processed in advance, your final transaction may be pro-rated and a refund processed as necessary.

COLLECTIONS

In the event of default and referral to an attorney or collection agency, Client agrees to pay all costs of collection including reasonable attorneys fees. Client acknowledges and agrees that interest at a rate of 1½ percent per month will be charged on all balances remaining unpaid after 30 days from the date said amounts are incurred.5

This Internet Service Agreement (“Agreement”) sets forth the terms and conditions on which we agree to provide and you agree to accept the Internet Service. In this Agreement, the words “we,” “us,” or “our” to refer to Orcas Online, Inc d/b/a WHIDBEY ONLINE, and the words “you” or “your” refer to the customer to whom the Internet Service will be provided. You accept the terms and conditions of this Agreement if (i) you install, or permit us to install, any software or equipment which permits you to access the Internet Service, (ii) you use, attempt to use or permit others to use your Internet Service, or (iii) you pay for your Internet Service. By accepting the terms and conditions of this Agreement, you represent you are of legal age and have the legal capacity to enter into and be bound by the terms and conditions of this Agreement.

1.  Definitions. The terms which are defined below may encompass meanings that differ from, or are in addition to, the normal connotation of the defined term. Any term not defined herein shall be interpreted in accordance with its customary meaning in our industry as of the date of this Agreement.

a.  “Content” means content provided by WHIDBEY ONLINE or its third party licensors, providers or suppliers and accessible on the Internet Service, including without limitation, images, photographs, animations, video, audio, music and text, with the exception of content uploaded by and stored on behalf of our Internet Service customers.

b. “Equipment” means the modem, router and/or other equipment provided to you by WHIDBEY ONLINE to enable you to use the Internet Service.

c. “Installation Date” means one (1) day after you receive the Equipment or the date we install Broadband Service at your residence or business, but in no event later than the date you first use your Internet Service.

d. “Internet Package” means the service plan selected by you which identifies the download speed, recurring monthly charge and other specifics regarding your Internet Service.

e. “Internet Service” means the service we provide our customers which enables them to access the Internet. The particular Internet Service we provide to you is determined by the Internet Package you select, along with any Equipment, Software, technical support, email and mailbox services, features, options, products and other related services we agree to provide, and is referred to herein as “your Internet Service.” Variations of the Internet Service are referred to as “Wireless,” “High Speed Internet” or “Hotspot Service.” Wireless Internet High Speed Internet are sometimes referred to individually or collectively as “Broadband Service.”

f. “ORCAS ONLINE” means ORCAS ONLINE, INC

g.  WHIDBEY ONLINE means ORCAS ONLINE, INC d/b/a WHIDBEY ONLINE

h. “Service Term” All Broadband Service is provided on a month-to-month basis.

i. “Software” means software owned by WHIDBEY ONLINE or third party licensors, providers and suppliers, which we may provide you to use (via download, CD, other media, or other delivery method) at no cost or for a fee, including client and/or network security software.

j. “Website” means the WHIDBEY ONLINE websites located at www.WhidbeyOnline.com.

2.  Use of the Internet Service.  You agree to comply at all times with our Internet & Data Services Acceptable Use Policy and all other policies, terms and conditions governing the Internet Service, all of which are available at our WhidbeyOnline.com website. You agree not to use or permit others to use your Internet Service in an unlawful, fraudulent or abusive manner. Internet Service is provided on an AS IS basis and throughput speeds and availability of the Internet Service is not guaranteed. We may, at any time, without notice or liability, restrict the use of the Internet Service or limit its time of availability in order to perform maintenance activities and to maintain session control. We reserve the right to change any of the features, Content, Software, Equipment or applications offered as part of the Internet Service at any time with or without notice to you. You are not permitted to use your Internet Service to host any type of server whether personal or commercial in nature. You understand that any reselling of your Internet Service is strictly prohibited. We reserve the right to audit your Internet connection electronically to enforce the provisions of this Agreement. You are solely responsible for evaluating any third party services accessible through the Internet Service. We are not responsible for anything provided by third parties. Internet Service does not include local telephone service.

3.  Broadband Service.  You are not permitted to share your Internet Service with neighbors, other businesses (even if in the same building) or with locations other than your own. You may connect multiple computers or other devices used to access the Internet Service within a single residence or a single business location to the Equipment using a single Broadband account and a single IP address which we provide.  Wireless Broadband Service may not be available in all areas, may not be available at the rates, speeds, or bandwidth generally marketed.

4.  Charges to Your Account.  Charges to your account are based on the terms of your Internet Package. If your Internet Package is for Broadband Service not subject to a Service Term, you will be billed at our current rates, which are subject to change without notice. If your Broadband Service is subject to a Service Term, your monthly recurring charge will not change during the Service Term unless you change your Internet Package or default in your obligations hereunder. If you change your Internet Package, any corresponding change in your monthly charges becomes effective on the date we implement the change. Any non-recurring charges (e.g. GIG overages) will be billed after use. If you fail to return the Equipment to us within fourteen (14) days after termination of your Internet Service, you will be billed for the Equipment at our standard rate then in effect. YOU AGREE THAT ONCE WE BILL YOU FOR EQUIPMENT YOU FAIL TO PROMPTLY RETURN, WE ARE UNDER NO OBLIGATION WHATSOEVER TO CREDIT YOUR ACCOUNT OR PROVIDE ANY REFUND EVEN IF YOU LATER RETURN THE EQUIPMENT.  If your Internet Package requires that you maintain other services and you fail to do so, we may in our sole discretion (i) change your Internet Package to one that does not require that you subscribe to such other WHIDBEY ONLINE service(s) and is not subject to a Service Term, or (ii) terminate your Internet Service. If we elect to change your Internet Package under this section, your Internet Service will be provided thenceforth subject to the terms and conditions of your new Internet Package, and you agree to pay any higher fees that may apply including applicable back charges during the period you failed to maintain such required WHIDBEY ONLINE services. If we elect to terminate your Internet Service under this section, you will incur an ETF for the unfulfilled Service Term, if any. We will notify you prior to taking any action under (i) and (ii) above. The waiver of any fees or charges to your account is solely in our discretion. You are limited to taking advantage of no more than one special pricing promotion during any twelve (12) month period.

6.  Taxes; Surcharges.Our prices do not include taxes, surcharges, or other fees levied by government or regulating agencies. If you are exempt, you must provide us with valid tax exempt documentation prior to accruing such costs.

7.  Billing; Payment.You begin accruing charges to your account for your Internet Service on the Installation Date. You will be billed monthly the 15^th of the month, and payment is due on the 1^st of the following month for internet service. Recurring charges are billed one (1) month in advance. All other charges are billed in the month following occurrence, but are sometimes applied to a subsequent billing. You must pay all charges on your account by the due date on your bill. Past due amounts may accrue interest until paid at the rate of 1.5% per month or the highest rate allowed by law. If you agree to any auto-payment option through your bank or credit account, we may initiate payment from your account for all amounts we bill you without additional authorization or notice. You may be charged additional fees if your payment is denied by a financial institution. Acceptance of less than full payment shall not waive our right to collect all amounts that you owe us. You may dispute any charge on your bill provided you do so in writing within forty-five (45) days of the bill date, otherwise the charges shall be deemed correct and indisputable. You agree to pay any costs we incur collecting past due amounts, including collection fees, attorneys’ fees, court costs and expenses.

8.  Authorized User, Use and Responsibilities.  You will be provided with a User ID and password to enable you to access your Internet Service. You agree to protect your User ID and password, and to pay for all activity associated with it. You agree that you are responsible for all use on your account, including any secondary accounts or sub-accounts registered to your primary account. You understand this means that you accept full liability and responsibility for the actions of anyone who uses your Internet Service via your account, or any secondary accounts, with or without your permission.

9. Equipment. If we provide you with Equipment, you agree to provide power for the Equipment and keep it physically secure and free from liens and encumbrances. You agree to bear the risk of loss or damage (other than normal wear and tear) to the Equipment. You understand that title to the Equipment remains at all times with us. You understand that you remain responsible for complying with all obligations set forth in this Agreement, including, but not limited to, paying your monthly charges, even if the Equipment is lost or damaged. Upon termination of your Internet Service or as requested by us, you agree to promptly return the Equipment.

10.  Email Service.  Any email service we may provide to you is subject applicable email and anti-spam policies, including limitations on the number and/or size of email messages that may be sent during a given time period, or the number of recipients of a particular email. The number of electronic mailboxes (and corresponding email addresses) available to you depends on your Internet Package. We may limit the number of emails or other messages that can be retained in your account. We reserve the right in our sole discretion to provide the level of security we deem appropriate to safeguard our network and customers, and other Internet users, against Internet threats or abuses, including without limitation, viruses, spam, phishing, identity theft, and any other potentially disabling or harmful threat or abuse. These security measures may include, but are not limited to, the use of firewalls and blocklists to block potentially harmful or abusive emails or attachments, anti-spam filters, anti-virus and anti-spyware software, and blocking selected ports. Such activities may result in the blocking, filtering or non-delivery of legitimate and non-legitimate email sent to or from your email account(s). By using any email service we provide, you understand and agree that delivery and receipt of email is not guaranteed and you agree to our use of the foregoing Internet and email security measures we in our sole discretion deem appropriate.

11.  Termination of Internet Service by Customer.  You may terminate your Internet Service at any time by notifying us and promptly returning any Equipment provided to you.  If you terminate your Broadband Service at your service location, you cannot subsequently transfer the remainder of the Service Term to a new service location. You are responsible for all charges applicable to your account through the date of termination. Activation or set-up fees paid at the initiation of your Internet Service, if any, are not refundable.

12.  Suspension/Termination of Internet Service by WHIDBEY ONLINE.  We may, without advance notice, limit, suspend or terminate your Internet Service if: (i) you breach any of the terms of this Agreement; (ii) you fail to make any payment due WHIDBEY ONLINE by the date such payment is due; (iii) you become insolvent or bankrupt (iv) you steal from or lie to us; (v) you or any user of your account or person authorized to act on your behalf threatens, harasses, uses abusive, vulgar or otherwise inappropriate language with any of our representatives; or (vi) we believe that your Internet Service is being used for an unlawful purpose or in a way that negatively affects our network or other customers. If we suspend your Internet Service, you may be charged a reconnection fee. If we terminate your Internet Service, you will not be given credit for any unused or prepaid Internet Service.

13.  Third Party Agreements.  If you subscribe to or otherwise use any third party services offered by or through WHIDBEY ONLINE, your use of such third party service is subject to the terms of service of such third party service provider. You agree to comply with such third party service provider’s terms of service and you acknowledge that the third party service provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to, email services, virus/spam protection services and other services that we may elect to make available from time to time. Any violation of such third party provider’s terms of service may, in our sole discretion, result in the termination of your Internet Service.

14.  Software Licenses; Third Party Services.  In connection with your Internet Service, we may provide you the use of certain Software. We reserve the right to update, upgrade or change the Software at any time without notice. In some cases you may be required to change the related settings on your computer and software necessary for such update, upgrade, or change from time to time, and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of or for use with your Internet Service and for no other purpose. If the Software is subject to an end user license agreement, your use of the Software shall be governed by the terms of such end user license agreement and by this Agreement, where applicable. By using the Software, you agree to the terms and conditions of the applicable end user license agreement. For Software that is not subject to an end user license agreement, you are hereby granted a revocable, non-exclusive, non-transferable license by WHIDBEY ONLINE or the third party licensors, providers or suppliers, to use the Software (and any patches, updates and upgrades). You are not permitted to make copies of the Software. You agree that the Software is the confidential information of WHIDBEY ONLINE or its third party licensors, providers or suppliers, which you shall not disclose to others or use except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by WHIDBEY ONLINE or third party licensors, providers, or suppliers. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that WHIDBEY ONLINE or third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any patches, updates and upgrades. The Software may be used in the United States only, and any export of the Software is strictly prohibited. We will provide reasonable technical assistance and support for any WHIDBEY ONLINE owned Software. We may, but are under no obligation, to provide technical assistance or support for any third party Software. Technical assistance or support with regard to third party Software is solely provided in accordance with such third party’s policies or other terms. Your license to use the Software shall remain in full force and effect unless and until terminated by WHIDBEY ONLINE, its third party licensors, providers or suppliers, or until your Internet Service is terminated. Upon termination of your Internet Service for any reason, you must cease all use of the Software and immediately delete the Software from your computer(s).

15.  Disclaimer of Warranties.  We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose, about the Internet Service, the Equipment, or any applications you access through your Internet Service. We do not warrant that the Internet Service will be uninterrupted or error free. You understand that no one, including our sales representatives and agents, is authorized to make any warranties on our behalf.

16.  Limitation of Liability.  In no event shall we be liable for: (i) any errors, omissions, interruptions, mistakes, lost data, failures to transmit or receive, delays, or defects in the Internet Service; (ii) any damage or injury caused by the use of the Internet Service; (iii) any third party act or omission; (iv) any third party claim against you; (v) any damage or injury caused by a suspension, limitation or termination of your Internet Service; or (vi) any event caused by factors beyond our control. To the extent permitted by law, our total liability for monetary damages for any claim you may have against us shall be limited to an amount equal to the prorated charges we bill you for your Internet Service during the period(s) in which your Internet Service is interrupted in excess of twenty-four (24) continuous hours. In no event shall we be liable to you or anyone for any indirect, consequential, incidental, punitive or special damages of any nature whatsoever arising out of or in connection with the Internet Service or this Agreement, including, without limitation, lost profits, loss of business, or cost of replacement products or services even if we are advised of the possibility of such loss or damage. You agree to indemnify us for any third party claim, loss or damage resulting from any use or misuse of your Internet Service, unless caused by our negligence or omission.

17.  Disputes.  You and we agree to use binding arbitration to resolve all claims, controversies, or disputes (collectively, “Disputes”) arising out of or related to this Agreement whether such Disputes arise during the term of this Agreement or thereafter. Notwithstanding, appropriate Disputes may be brought in small claims court. You and we agree to notify the other in writing of the nature of the Dispute at least forty-five (45) days prior to initiating arbitration and within one (1) year of the event giving rise to the Dispute. If you and we are unable to resolve the Dispute within such forty-five (45) day period, either you or we may submit the Dispute to binding arbitration. Arbitration shall be administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules (expedited procedure) then in effect by one arbitrator appointed in accordance with such rules. You and we must be individually named in the arbitration. The arbitrator’s decision and award shall be final and binding and judgment on such award may be entered in any court having jurisdiction thereof. Costs of the arbitration shall be paid in accordance with the arbitrator’s final decision. BY ENTERING INTO THIS AGREEMENT, YOU AND WE AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

18.  Changes to this Agreement.  We may periodically change the terms and conditions of this Agreement, including our prices, policies, and any other terms and conditions applicable to the Internet Service, at any time by written notice to you or by posting such changes on our Website. You agree to visit our Website periodically to be aware of and review any such changes. If your Internet Service is used after such changes are effective, you accept the changes. If your Internet Service is subject to a Service Term and we change a material term of this Agreement and such change has a material adverse effect on you, we will waive such material term change or permit you to terminate your Internet Service without incurring an ETF; provided you notify us in writing within thirty (30) days after such change is effective. The foregoing does not apply to any increase or decrease in taxes, surcharges, or other charges imposed by government or based on government calculations, for which we have no control.

19.  Miscellaneous.  You may notify us by calling (360) 639-2448, or in writing via our Website whidbeyonline.com or at PO Box 1901,  Eastsound, WA 98245. We may notify you in writing at your last known address, via email, or by calling you and leaving a voice message on your wireless or home phone. Properly addressed written notices are effective three (3) days after deposit in the U.S. Mail, postage prepaid. This Agreement provides no third party benefits except for our affiliates, successors and assigns. Liabilities or obligations for acts or omissions prior to the termination of your Internet Service, obligations under the provisions regarding limitations of liability, disputes and any other provisions of this Agreement which, by their terms, are contemplated to survive or to be performed after termination of this Agreement, shall survive the termination thereof. If we fail to enforce any provision of this Agreement on any one occasion, it shall not constitute a permanent waiver of such provision, or waive our right to later enforce that provision. If any part of this Agreement is held invalid or unenforceable, the balance of this Agreement shall remain in full force and effect. Section headings are for reference purposes only. You may not assign this Agreement without our written approval. This Agreement is governed by and shall be construed under the laws of the State of Washington, without regard to choice of law principles. This Agreement and the documents it incorporates constitutes the entire agreement between you and us for the Internet Service hereunder, and no other terms and conditions, representations, understandings or agreements shall be in effect with regard to the Internet Service unless specifically adopted in a written agreement between you and us. You cannot rely on any other documents, or on what is said by any of our sales or customer service representatives, and you have no rights regarding your Internet Service or this Agreement except as provided herein.

Effective 1/1/2024

OPEN INTERNET TRANSPARENCY

The FCC has recently issued new rules intended to preserve the free and open Internet. These rules require WHIDBEY ONLINE to provide the following disclosures:

Network Practices
WHIDBEY ONLINE’s connections to the Internet are provisioned with adequate capacity to prevent congestion, even during the busiest periods. We do not inhibit or favor applications or classes of applications being used over the network. WHIDBEY ONLINE does not restrict the types or quantities of devices connected to a High Speed Internet subscriber’s Internet connection.

Performance Characteristics
WHIDBEY ONLINE offers a variety of High Speed Internet packages to best serve our customers’ needs. Wireless (WIRELESS) Broadband Internet is the primary technology. High Speed Internet speeds are targeted to achieve 100% of advertised speeds. Speed may be tested on ORCAS ONLINE’s speed test server at http://st.OrcasOnline.net.

WHIDBEY ONLINE’s round-trip latency to our Internet connections depends on the technology used to access the Internet. WHIDBEY ONLINE offers many Internet package suitable for real-time applications such as voice-over-Internet or streaming media. Our customer service representatives are happy to assist consumers in choosing a package which matches the specifications for specific software or applications.

Commercial Terms
Monthly pricing other fees for Wireless broadband services are available on the WHIDBEY ONLINE website. Traffic from individual subscribers is not analyzed or characterized in any way, nor are any security measures employed which could impair subscribers from utilizing their Internet connections in any lawful way they desire.

If you require additional information please  call us at 360-639-2448 or write to Orcas Online, Inc, Attn: Customer Service Manager, POB 1901, Eastsound, WA  98245. Within 7 days, we will send you a letter acknowledging receipt of your letter. Within 15 days of receiving your information, we send you a letter of determination.

This Acceptable Use Policy (“AUP”) applies to any service provided by us or our affiliates that provides or includes access to the Internet, including web hosting services and high-speed wireless access, or are provided over the Internet or wireless data services (collectively, the “Services”).

Overview
It is our intent to at all times comply with applicable laws and regulations governing use of the Internet and the Services, including email, wireless data transmission, and text messaging.  By using any of the Services, you agree to comply at all times with the terms and conditions contained in this AUP and to remain fully responsible for anyone using any of the Services associated with your account(s). We reserve the right to change or modify the terms of this AUP at any time, which shall become effective when posted on our website at www.whidbeyonline.com. Your use of any of the Services after changes or modifications to this AUP are posted to our website shall constitute your acceptance of such changed or modified terms.

Using The Services
You may only use the Services for lawful purposes. Your use of the Services must at all times be in full compliance with all applicable local state, federal, and international laws, rules and regulations, and all applicable rules, standards, and policies issued by us from time to time.

You are fully responsible for the content of any material posted, hosted, downloaded or uploaded, sent or received, created, accessed or transmitted using the Services. We are not responsible for anything you create on our network or for any content accessible using the Services, including content provided on third party websites which are linked to our network. Such third-party website links are provided for informational purposes only and solely as a convenience and do not constitute in any way an endorsement by us of the content of such websites.

If you violate or otherwise fail to comply with the terms of this AUP, we reserve the right to suspend or terminate any or all of your Services, which in some cases may be without advance notice. Depending on the severity of the violation, we may send you a notice of such violation via email or other electronic messaging. You are responsible for taking immediate action to remedy such violation and instituting prompt and effective corrective action(s) to prevent similar future violations. If you fail to do so, your account may be suspended or terminated.

Notwithstanding, we reserve the right to immediately and without advance notice suspend or terminate your Services in response to a court order or government notice that certain conduct must be stopped or at any time we reasonably determine, that such conduct may: (i) violate any applicable law, statute or regulation; (ii) threaten, disrupt or harm our network or the networks of others; (iii) interfere with or disrupt the Internet services or the Services of others; or (iv) expose us to any penalty, fine, civil action, criminal prosecution or any other liability.

Prohibited Activities
You are prohibited from using the Services in any way which (i) is unlawful, harmful to or interferes with use of our network or systems or the networks or systems of any other providers, (ii) creates threatening or offensive content or material, (iii) infringes upon the intellectual property rights of others, (iv) generates Spam or constitutes email/Usenet abuse, or (v) creates a security risk, a violation of privacy or interferes with the use of the Services by other customers. You will be in violation of this AUP if you fail to adhere to the rules, policies, guidelines or agreements applicable to any web pages, Usenet sites, search engines, chat rooms, bulletin boards, applications, or other services that are accessed via a link from our website.

Unlawful Activities. You are expressly prohibited from using the Services for any unlawful purpose. The Services shall not be used at any time in connection with any criminal, civil or administrative violation of any applicable laws, regulations, ordinances, administrative rules, treaties or court orders.

Threatening/Offensive Content. You are prohibited from using the Services to host, post, transmit or retransmit any content or material (or to create a domain name or operate from a domain name), that harasses or threatens the health or safety of others. If you utilize our web hosting services, we reserve the right to suspend or terminate your services if we reasonably determine the content to be obscene, vulgar, indecent, racist, obnoxious, malicious, abusive, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence.

Child Pornography. You are prohibited from using the Services to upload or download, send or receive, post, use, copy or otherwise produce, transmit, distribute or store child pornography. We will report any violations of this prohibition as required by law and will take appropriate actions to remove or block access to any content determined to contain child pornography.

Intellectual Property Rights. You are prohibited from using the Services to upload or download, send or receive, post, use, copy or otherwise reproduce, transmit, retransmit, distribute or store any content or material, or to engage in any activity that infringes upon, misappropriates or otherwise violates the intellectual property rights of others, including but not limited to any rights protected by copyright, patent, trademark or other intellectual property right now known or later recognized by law, judicial decision or regulation.

Spam, Email, and Usenet Abuse. You will breach the terms of this AUP if you violate the CAN-SPAM Act of 2003, or any other applicable law regulating email services. You are prohibited from using the Services for any activities related to email and/or Usenet abuse including the distribution of Spam. Listed below are some examples of email or Usenet abuse:

• Sending email or other electronic messages that are considered threatening, harassing or malicious, or which contain vulgar, obscene or pornographic material or content;
• Sending multiple unsolicited email or other electronic messages (sometimes referred to as an “email bomb”) to one or more recipients;
• Sending email or other electronic messages that seeks to falsify or mask the identify the sender, the sender’s address or the address of origin;
• Sending any electronic message, file or other transmission that disrupts or has the potential for disrupting our network, or the networks of others, by virtue of quantity, size or otherwise;
• Intercepting, redirecting or otherwise interfering or attempting to interfere with email or other electronic messages intended for others;
• Using the equipment of others without authorization, to send, resend or relay email or other electronic messages for the purpose of misleading recipients as to the identity or address of the sender or the sender’s origin;

Security Violations. You are prohibited from using the Services to interfere with, gain unauthorized access to, or otherwise violate the security of our network or the networks, systems, computers or equipment of others. Listed below are some examples of security violations:
• Knowingly uploading, sending or distributing software, programs, files, emails or other electronic messages containing viruses, worms, trojans, spyware, scareware, crime ware, time bombs, cancel bots, corrupted files, root kits or any other malicious or unwanted software or programs;

• Falsifying your identity, impersonating or deceiving others to obtain or in an attempt to obtain their personal information;
• Using any form of DNS hijacking or DNS redirection for the purpose of phishing, pharming or any other illicit activity.
• Unauthorized monitoring, hacking, scanning, probing, attacking, breaching, circumventing or testing the vulnerability of any network, system, computer, wireless equipment or device without the owner’s express authorization;
• Unauthorized access to or use of any software, data or information without the owner’s express authorization;
• Distributing or using software or programs designed to compromise security such as password guessing programs, cracking tools, packet sniffers or network probing tools (except when used for authorized legitimate network security operations);
• Using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;
• Sending or distributing any pirated software or knowingly violating the intellectual property rights of others;
• Using any means to avoid any use limitations we place on the Services;
• Use of any software or device that enables you to defeat system time-out limits or allows you to stay logged on while you are not actively using your computer or equipment unless your account specifically authorizes such connections.

Protecting Your Personal Information
You are solely responsible for protecting your personal information. When using the Services, you must always use good discretion before releasing your personal information to anyone. You should ensure that your networks, systems, computers, wireless equipment and any other equipment you connect to or use to access the Services is secure. This includes keeping the operating system software on your equipment up-to-date and maintaining appropriate Internet security software. We are not responsible and disclaim any liability whatsoever for any loss, damage or liability you may incur which relates to or arises from any theft, damage or destruction of your personal information or other information.

Monitoring Content And Materials
We have no duty or obligation to monitor any of the content or material accessed or distributed using the Services; however, we will monitor content or material as necessary to comply with applicable laws, rules, regulations or other governmental or judicial requests, or to protect our network.

Your Privacy Rights

This Privacy Policy describes your privacy rights regarding our collection, use, storage, sharing and protection of your personal information. It applies to the WHIDBEY ONLINE website and all related sites, applications, services and tools regardless of how you access or use them.

Scope and Consent

You accept this Privacy Policy when you sign up for, access, or use our products, services, content, features, technologies or functions offered on our website and all related sites, applications, and services (collectively “Whidbey Online Services”). This Privacy Policy is intended to govern the use of Whidbey Online Services by our users (including, without limitation those who use the Whidbey Online Services in the course of their trade or business) unless otherwise agreed through contract.  We may amend this Privacy Policy at any time by posting a revised version on our website. The revised version will be effective as of the published effective date. In addition, if the revised version includes a substantial change, we will provide you with 30 days’ prior notice by posting notice of the change on the “Policy Updates” page of our website. After this 30-day notice period, you will be considered as having expressly consented to all amendments to this Privacy Policy.

Collection of Personal Information

We collect the following types of personal information in order to provide you with the use of Whidbey Online Services, and to help us personalize and improve your experience.

Information we collect automatically: When you use Whidbey Online Services, we collect information sent to us by your computer, mobile phone or other access device. The information sent to us may include, but is not limited to, the following: data about the pages you access, computer IP address, device ID or unique identifier, device type, geo-location information, computer and connection information, mobile network information, statistics on page views, traffic to and from the sites, referral URL, ad data, and standard web log data and other information.

Information you provide to us: We may collect and store any information you provide us when you use Whidbey Online Services, including when you add information on a web form, add or update your account information, participate in community discussions, chats, or dispute resolutions, or when you otherwise correspond with us regarding Whidbey Online Services.

When you use Whidbey Online Services, we also collect information about your transactions and your activities. In addition, if you open a Whidbey Online account or use Whidbey Online Services, we may collect the following types of information:

• Contact information, such as your name, address, phone, email and other similar information.
• Financial information, such as the full bank account numbers and/or credit card numbers that you link to your Whidbey Online account or give us when you use Whidbey Online Services.

We may also collect information from or about you from other sources, such as through your contact with us, including our customer support team, your results when you respond to a survey, your interactions with members of the Orcas Online, Inc corporate family or other companies (subject to their privacy policies and applicable law), and from other accounts we have reason to believe you control (whether in part or in whole). Additionally, for quality and training purposes or for its own protection, Whidbey Online may monitor or record its telephone conversations with you or anyone acting on your behalf. By communicating with Orcas Online, Inc, you acknowledge that your communication may be overheard, monitored, or recorded without further notice or warning.

Information from other sources: We may also obtain information about you from third parties such as credit bureaus and identity verification services.

You may choose to provide us with access to certain personal information stored by third parties such as social media sites (e.g., Facebook and Twitter). The information we may receive varies by site and is controlled by that site. By associating an account managed by a third party with your Whidbey Online account and authorizing Whidbey Online to have access to this information, you agree that Whidbey Online may collect, store and use this information in accordance with this Privacy Policy.

Authentication and Fraud Detection: In order to help protect you from fraud and misuse of your personal information, we may collect information about you and your interactions with Whidbey Online Services. We may also evaluate your computer, mobile phone or other access device to identify any malicious software or activity.

Using Your Mobile Device: We may offer you the ability to connect with Whidbey Online Services using a mobile device, either through a mobile application or via a mobile optimized website. The provisions of this Privacy Policy apply to all such mobile access and use of mobile devices.

When you download or use our mobile applications, or access one of our mobile optimized sites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with opt-in location-based services, such as search results, and other personalized content. Most mobile devices allow you to control or disable location services in the device’s settings menu. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or the manufacture of your particular device.

How We Use the Personal Information We Collect

Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience. We may use your personal information to:

• provide Whidbey Online Services and customer support;
• process transactions and send notices about your transactions;
• verify your identity, including during account creation and password reset processes;
• resolve disputes, collect fees, and troubleshoot problems;
• manage risk, or to detect, prevent, and/or remediate fraud or other potentially prohibited or illegal activities;
• detect, prevent or remediate violations of policies or applicable user agreements;
• improve the Whidbey Online Services by customizing your user experience;
• measure the performance of the Whidbey Online Services and improve their content and layout;
• manage and protect our information technology infrastructure;
• provide service update notices, and deliver promotional offers based on your communication preferences;
• contact you at any telephone number, by placing a voice call or through text (SMS) or email messaging, as authorized by our User Agreement;

We may contact you via electronic means or postal mail to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, or as otherwise necessary to service your account. Additionally, we may contact you to offer coupons, discounts and promotions, and inform you about Whidbey Online Services and the services of our corporate family. Finally, we may contact you as necessary to enforce our policies, applicable law, or any agreement we may have with you. When contacting you via phone, to reach you as efficiently as possible we may use, and you consent to receive, autodialed or prerecorded calls and text messages as described in our User Agreement. Where applicable and permitted by law, you may decline to receive certain communications.

Marketing

We do not sell or rent your personal information to third parties for their marketing purposes. We respect your communication preferences. If you no longer wish to receive notifications via our application, you can adjust your preferences by visiting the settings page of the application.

How We Use Cookies and Similar Technologies

When you access our website or use Whidbey Online, we may place small data files on your computer or other device. These data files may be cookies, pixel tags, e-tags, “Flash cookies,” or other local storage provided by your browser or associated applications (collectively “Cookies”). We use these technologies to recognize you as a customer; customize Whidbey Online Services, content, and to help ensure that your account security is not compromised; mitigate risk and prevent fraud; and to promote trust and safety across our sites and Whidbey Online Services.

You are free to decline our Cookies if your browser or browser add-on permits, unless our Cookies are required to prevent fraud or ensure the security of websites we control. However, declining our Cookies may interfere with your use of our website and Orcas Online, Inc Services.

How We Protect and Store Personal Information

Throughout this Privacy Policy, we use the term “personal information” to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been made anonymous so that it does not identify a specific user.

We store and process your personal information on our computers in North America. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.

How We Share Personal Information with Other Whidbey Online Users

When transacting with others, we may provide those parties with information about you necessary to complete the transaction, such as your name, account ID, contact details, shipping and billing address, or other information needed to promote the reliability and security of the transaction. If a transaction is held, fails, or is later invalidated, we may also provide details of the unsuccessful transaction. To facilitate dispute resolution, we may provide a buyer with the seller’s address so that goods can be returned to the seller. The receiving party is not allowed to use this information for unrelated purposes, such as to directly market to you, unless you have agreed to it. Contacting users with unwanted or threatening messages is against our policies and constitutes a violation of our User Agreement.

We work with third parties, including merchants, to enable them to accept or send payments from or to you through e-commerce portals at WHIDBEY ONLINE.  In doing so, a third party may share information about you with us, such as your email address or mobile phone number, to inform you that a payment has been sent to you or when you attempt to pay a merchant or third party. We use this information to confirm that you are a Whidbey Online customer and that Whidbey Online as a form of payment can be enabled, or to send you notification of payment status. Also, if you request that we validate your status as a Whidbey Online customer with a third party, we will do so.

If you link your loyalty or gift card of a Whidbey Online merchant to your account, we may share your card number with that merchant when you pay using Whidbey Online.

Please note that merchants, sellers, and users you buy from or contract with have their own privacy policies, and although Whidbey Online’s user agreement does not allow the other transacting party to use this information for anything other than providing Whidbey Online Services, Whidbey Online is not responsible for their actions, including their information protection practices.

Regardless, we will not disclose your credit card number or bank account number to anyone you have paid or who has paid you using Whidbey Online, or with the third parties that offer or use Whidbey Online Services, except when we are required to do so to comply with credit card rules, a subpoena, or other legal process.

How We Share Personal Information with Other Third Parties

We may share your personal information we collect from you, including your name, contact details, and transactions and activities, with:

• Members of the Orcas Online, Inc corporate family, WHIDBEY ONLINE, to provide joint content, products, and services (such as registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services, and communications. Members of our corporate family will use this information to send you marketing communications only if you have requested their services.
• Companies that we plan to merge with or are acquired by. (Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your personal information. If your personal information could be used contrary to this policy, you will receive prior notice.)
• Law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to Orcas Online, Inc, Whidbey Online or one of its affiliates; when we need to do so to comply with law or credit card rules; or when we believe, in our sole discretion, that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our User Agreement.
• Other unaffiliated third parties, for the following purposes:
  • Fraud Prevention and Risk Management: to help prevent fraud or assess and manage risk.  For example, if you use the Whidbey Online Services to buy or sell goods using one of our e-commerce portals, we may share account information in order to help protect your accounts from fraudulent activity, alert you if we detect such fraudulent activity on your accounts, or evaluate credit risk.
  • Customer Service: for customer service purposes, including to help service your accounts or resolve disputes (e.g., billing or transactional).
  • Shipping: in connection with shipping and related services for purchases made using Whidbey Online.
  • Legal Compliance: to help them comply with anti-money laundering and counter-terrorist financing verification requirements.
  • Service Providers: to enable service providers under contract with us to support our business operations, such as fraud prevention, bill collection, marketing, customer service and technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
• Other third parties with your consent or direction to do so.

Please note that these third parties may be in other countries where the laws on processing personal information may be less stringent than in your country.

How You Can Access or Change Your Personal Information

You can review and edit your personal information at any time by logging in to your account and reviewing your account settings and profile. You can also close your account through the Whidbey Online website. If you close your Whidbey Online account, we will mark your account in our database as “Closed,” but may retain personal information from your account for a certain period of time and disclose it in a manner consistent with our practices under this Privacy Policy for accounts that are not closed. We also may retain personal information from your account to collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, prevent fraud, enforce our User Agreement, or take other actions as required or permitted by law.

How You Can Contact Us about Privacy Questions

If you have questions or concerns regarding this Privacy Policy, you should contact us using this form.