Privacy Policy

NOCTURNAL TECHNOLOGIES (the “Company”) respects the privacy of every individual. This Privacy Policy applies to NOCTURNAL TECHNOLOGIES retailCustomers and visitors (the “Customer”) to NOCTURNAL TECHNOLOGIES websites in the United States. The policy applies to all NOCTURNAL TECHNOLOGIES companies that collect and/or use Customer information("NOCTURNALTECHNOLOGIES.COM") as well as all web sites owned and operated by NOCTURNAL TECHNOLOGIES. This includes www.nocturnaltechnologies.comand related sites (collectively "the NOCTURNAL TECHNOLOGIES Sites" or“Company Sites”). This policy statement provides detailed information about howNOCTURNAL TECHNOLOGIES collects and uses information gathered about web visitors and customers. This policy is dated and may change from time to time, so please check back periodically to review this information.

I.  General Principles

Personal privacy is important to the Company.  The Company respects the privacy of every individual and takes reasonable measures to protect the privacy of information provided to the Company by others.  The personal information collected by the Company
falls into two basic categories: (1) information collected from and/or provided by website visitors to the Company Sites; and (2) information collected about Customers.  Third party service providers or those whose sites may appear on the Company’s Sites may also collect personal information; however, their practices are not necessarily within the control of the Company.

Company employees are subject to the Company Business Ethics Guidelines which include, among other things, compliance with legal requirements and company policies relating to the privacy of communications and the security and privacy of Customer
records. Company employees are expected to abide by this policy and follow applicable laws, rules, regulations, and court or commission orders that apply to our business.  Employees who fail to meet the standards embodied in the Guidelines may be subject to
disciplinary action, up to and including dismissal.

A. Information Collected Via the Internet

The information available to the Company when a web visitor is on a Company site helps the Company to improve the quality and usefulness of our sites. In general, the Company gathers some generic information automatically to make the Company Sites more helpful to visitors. Generic information does not reveal the identity of a visitor, and usually consists of the Internet address assigned to the visitor's computer, the number and frequency of visitors, the Company Sites visited, etc. The Company accomplishes this by Page 2 of 6 Privacy Policy rev 2/22/2005 using certain technologies, such as web log analysis, data-tagging tools and/or "cookies." These technologies can be used to provide the visitor with tailored information about Company services and help make our sites more responsive by helping to personalize each visitor's experience. The Company does not combine information collected in this way with any personally-identifiable information. If the Customer or visitor does not want to accept cookies, the Customer may set their browser to notify when a cookie is received and so that it can be refused or accepted. Refusing cookies may, however, make certain features on the Company Sites unavailable.

Of course, some activities require personal information -- when making a purchase, enrolling for a referral program, using a credit card to pay for services, submitting a resume, requesting certain types of information, sending an e-mail to a Company Site, etc. (when provided by web visitors who are or become Customers as a result of their visit to a Company Site, such information will thereafter be treated as Customer information, see below). On those sites where visitors voluntarily submit questions, comments, feedback, suggestions, ideas or the like, the Company will treat that portion of the information as non-confidential and non-proprietary and assumes no obligation to protect such information from disclosure.

Whenever personal information is provided on a Company Site, it will be used for the specific purpose or to respond to the specific request for which it was given. In most cases, there is the opportunity to select whether the Company may, or may not, use this information for additional purposes. Individuals may also request that the Company not use their information for certain purposes by notifying the Company as such. The Company continues to have, and reserves the right to send Customers service updates, bulletins and other important information about the Company services.

Absent any instructions limiting the use of a visitor's information, the Company may use the contact information provided by visitors to Company Sites to provide information about additional services and products offered by the NOCTURNAL TECHNOLOGIES family of companies, NOCTURNAL TECHNOLOGIES authorized agents, and other goods and services providers with whom NOCTURNAL TECHNOLOGIES has relationships with and whose offerings might be of interest to visitors. The Company will not, however, sell or trade a visitor's personal information unless we are authorized by the visitor or legally required to do so, or in the case of imminent physical harm to the visitor or others.

Information disclosed in a public space, including on any bulletin board, chat room, or website the Company hosts for Customers as part of Company services is available to anyone else who visits that space. The Company cannot safeguard any information that is disclosed or stored in these locations. Additionally, Company websites contain links to sites that belong to third parties unrelated to the Company. The Company assumes no responsibility for the content accessible on such sites or the privacy practices of those content providers and recommends that visitors to those sites review the privacy policy statements of those sites.

B. Information Collected from Customers

1. Customer Information Collected by NOCTURNAL TECHNOLOGIES

When enrolling for or purchasing services from the Company, or participating in a business referral program, Customers may be required to provide some or all of the following information in order to establish an account and order services: Name; Service Delivery Location/Address; Billing Address; Account Number; Credit card number; Phone or Fax Number; and Email Address. For account security, verification or tax purposes, the Company may also request: Date of birth, Social Security Number or Driver's license number of the person placing the order or making a service request. For corporate accounts, the Company may also request the Company/Customer name, Federal Tax ID, and other information a company Customer/employer may ask the Company to collect, such as purchase order number, employee number and job title of the individual responsible for business account administration.

2. How NOCTURNAL TECHNOLOGIES Uses Customer Information

The Company needs the Customer information it collects from telephony and data Customers to process orders, provide and bill for services. The Company may also share necessary information with outside parties, such as third party vendors or shipping companies, to complete an order.

Absent any instructions otherwise, the Company may use Customer information to provide information about additional services and products offered by the NOCTURNAL TECHNOLOGIES family of companies, NOCTURNAL TECHNOLOGIES authorized agents, and other goods and services providers with whom the Company has relationships and whose offerings might be of interest to Customers. Opting out of receiving commercial communications from the Company will not necessarily eliminate all Company marketing contacts about the Services provided to a Customer. Additionally, the Company and its agents can and will use Customer contact information to get in touch with Customers if the Company has trouble processing an order or needs to contact a Customer about a service or billing related matter. The Company may also, where permitted by law or authorized by a Customer, provide this information to credit bureaus, or provide information and/or sell receivables to collection agencies, to obtain payment for Company offered products and services.

II. Email Addresses

The Company collects email address information from Internet visitors and Customers (where voluntarily provided or required). The Company will use the email address to respond to any email inquiry sent to the Company, or to follow up on your visit to the Company Sites. From time to time, the Company may send emails about Company products and services, or offers that the Company believes will be of interest. The Company may also share your email address with providers whom the Company has a Page 4 of 6 Privacy Policy rev 2/22/2005 relationship with and who either provide Company offered services or whose products or services may also be of interest. In all cases, we hope recipients will find this information useful, but if such email from the Company is not wanted, indicate not to receive such information or offers from the Company when the email address is provided.

III. Exceptions and Limitations

There are times when, in order to comply with applicable laws, regulations, court or administrative orders, subpoenas or other matters, the Company must disclose information. The Company cooperates fully with state, local, and federal officials in any investigation relating to any content (including personal or private electronic communications transmitted to the Company) or purported unlawful activities of any user of any Company Site or Company service, and takes reasonable measures to protect the proprietary rights of the NOCTURNAL TECHNOLOGIES Companies. If necessary to comply with law or cooperate with law enforcement activity, the Company may disclose personally identifiable information of web visitors and/or Customers. The Company reserves the right to, and will, share information when it believes, in its sole discretion, it is necessary to prevent unlawful use of communications services, when necessary to repair or restore network outages, in emergency situations (e.g. 911 calls; matters of public safety, etc) or to protect the security or integrity of the Company Sites or the NOCTURNAL TECHNOLOGIES Companies. In addition, the Company may monitor the areas of communication of any kind (i) to satisfy any law, regulation, or government request (e.g. response to private or law enforcement-issued subpoena); (ii) if such disclosure is necessary or appropriate to operate the Company (e.g. recording of Customer Care calls); or (iii) to protect the rights or property of the Company or others (e.g. to prevent fraud, infringement of rights, etc).

Additionally, in connection with the potential sale or transfer of any of its interest in any NOCTURNAL TECHNOLOGIES Affiliate or NOCTURNAL TECHNOLOGIES Site, the Company reserves the right to sell or transfer visitor or Customer information to a third party that (i) concentrates its business in communication products or services; (ii) agrees to be The Company’s successor in interest with regard to the maintenance and protection of information collected and maintained by the Company; and (iii) agrees to the material obligations of this policy statement.

IV. Security

The Company utilizes technological and business efforts to keep Customers' personal information secure and confidential through safeguards such as the use of secure encryption technology during transmission of certain data, or by restricting physical access to systems on which personal information is stored by appropriate logon and/or password controls. Information collected from visitors and Customers is stored in databases the Company controls directly or through contracts with service providers. Credit card information is used only to bill Customers for the products and services they receive. The Company does not share credit card information except as may be necessary to process Customer transactions. On those Company Sites where Customers may Page 5 of 6 Privacy Policy rev 2/22/2005 provide the Company with credit card or other ordering information via the web, the Company employs customary web-based security and encryption protocols, examples of which include Secure Socket Layer (SSL) and Secure Electronic Transaction (SET), to secure transmission of that information. If the browser does not support use of such secure connections, or if the Customer prefers not to send the credit card number over the Internet, the Customer may place the order by calling the Company. However, as effective as modern security practices are, no physical or electronic security system is impenetrable. The Company cannot guarantee the security of databases, nor can the Company guarantee that information supplied by the Customer or visitor will not be intercepted while being transmitted over the Internet.

V. Protecting the Privacy of Children

Protecting the privacy of the very young is uniquely important, particularly on the Internet. Company Sites are designed to provide commercial business information and allow service ordering and management by adults. Company Sites are not designed to attract minors, in particular children under the age of 13. The Company does not market to or knowingly collect information from anyone under the age of 13. Children should always get permission from their parents before sending any information about themselves (such as their names, email addresses, and phone numbers) to anyone over the Internet.

VI. Specific Disclaimers

1. Transmission of Information

The Company transmits personally identifiable and non-personally identifiable information about the Customer and the Customer’s users over the Service when the Customer and the Customer’s users send and receive e-mail, transfer and share files, make files accessible, visit Web sites, or otherwise uses services provided by the Company. The Company’s transmission of this information is necessary to render the Service. The Company uses third parties to deliver some features and functions of the Service, such as support, e-mail, and web hosting, for example, and those third parties collect or transmit personally identifiable and non-personally identifiable information about Customers and the Customer’s users. These third parties are not permitted to use Customer or the Customer’s users' personally identifiable information except for the purpose of providing their services.

2. Service Providers

The Company may contract with third parties to provide specific services and features for the Service. When the Customer uses these particular services, generally the Customer provides the Customer’s name and specific Service-related information directly to the third party service provider. If the Customer becomes a customer of these third parties directly, then the Customer will be subject to their terms of service and privacy policies. The Customer should carefully read their terms and policies to understand how these Page 6 of 6 Privacy Policy rev 2/22/2005 third parties may use personally identifiable information about the Customer.

3. Aggregate Information

The Company or the Company’s contractors may from time to time share aggregate (non-personally identifiable) information such as the number of Service subscribers who match certain statistical profiles (for example, the number of subscribers in various parts of the country) with third parties with whom we have a relationship with. The Company may also use aggregate information to better understand how the Service is being used, to improve it, and for network management, bandwidth usage, maintenance, performance measurement, and security.

4. Retention of Information

The Company will maintain most, if not all, of the personally identifiable information we have collected during the time the Customer is a subscriber to the Service. The Company generally will destroy this personally identifiable information after a reasonable period of time has elapsed following the termination of your Service account with the Company, if the purpose for which the information was collected has been accomplished and the Company no longer needs to retain the information for legitimate business activities or compliance with law.