WEBSITE PRIVACY AND SECURITY AGREEMENT
THIS AGREEMENT is entered into as of August 31, 2018 (“Effective Date”), by and between Jill Miyamoto, a Minnesota limited liability company with its principal office located at 8500 Normandale Lake Blvd. Suite #350, Bloomington, MN 55437 (“JMB Website”), and enom, a Washington corporation with its principal office located at 5808 Lake Washington Blvd NE Suite 200, Kirkland, WA 98033 (“enom”).
WHEREAS, enom has agreed to provide website hosting services (“Services”) to JMB Website in connection with JMB Website’s jillmiyamoto.com website (“Site”); and
WHEREAS, JMB Website and enom desire to enter into this Agreement in order to provide for the privacy and security of personal information on the Site such as personal names, email addresses, physical addresses, and/or transactional information;
NOW, THEREFORE, in consideration of the foregoing, and in reliance on the mutual agreements contained herein, the parties agree as follows:
1. Ownership of Website Server. The parties acknowledge and agree that the server for the Site is owned by enom.
2. Possession of Server And Right of Access For Website. The parties agree that enom has (i) physical possession of the server for the Site, and (ii) the right to access the internals of such server for purposes of providing website hosting services for the Site and/or for purposes of servicing websites for third parties.
3. Privacy And Security. enom acknowledges that the Site may contain personal information of JMB Website’s personnel, customers, suppliers, and partners.
3.1 enom shall protect such personal information from disclosure to third parties, including without limitation third parties which may also have information stored on the same server, using the same degree of care used to protect its own proprietary information of like importance, but in any case using no less than a reasonable degree of care. enom may authorize access to the Site only to its employees who have a need to know and who are bound by signed, written agreements sufficient to enable enom to enforce all the provisions of this Agreement. enom shall not use or disclose any such personal information for enom’s own benefit or for the benefit of any third party.
3.2 enom has implemented and will maintain continuously during the term of the Agreement appropriate operational, technical and organizational measures to protect the server for the Site and JMB Website’s information stored on such server from unauthorized disclosure or access, destruction, and alteration.
3.3 enom shall not transfer any of the Site’s information from its custody and control, unless with the prior express written instructions of JMB Website.
3.4 In the event enom is required by law or legal process to disclose personal information stored on the server for the Site, enom will give prior written notice of the disclosure to JMB Website, so that JMB Website may, in its discretion, seek to block the disclosure.
3.5 enom will promptly report to JMB Website any security breach that resulted in unauthorized access to JMB Website’s personal information or any circumstances where such unauthorized access may reasonably be suspected, and enom will use diligent efforts to promptly remedy any such security breach or suspected security breach. enom shall provide continuous reports to JMB Website regarding the status of any such breach or suspected security breach and enom’s related remedial efforts.
4. Injunctive Relief. The parties hereby agree that any breach of any provision of this Agreement regarding privacy or security would constitute irreparable harm for which there is no adequate remedy at law, and that the non-breaching party shall be entitled to specific performance and/or injunctive relief in addition to other remedies available at law or in equity.
5. Term. This Agreement shall become effective as of the Effective Date and will continue for so long as enom continues to provide the Services for the Site.
6. This Agreement: (i) is the complete agreement of the parties concerning the subject matter hereof and supersedes any prior such agreements with respect to further disclosures on such subject matter; (ii) may not be amended or in any manner modified except in writing signed by the parties; and (iii) shall be governed and construed in accordance with the laws of the State of State of Minnesota, USA without regard to its conflict of law provisions. If any provision of this Agreement is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed below.
updated July 16th, 2019