Subscriber Privacy Policy

1.1. General. The following presents important information relating to ESS's Member Privacy Policy. Because protecting your privacy is very important to ESS, we have established a privacy policy that safeguards your personal information, and are committed to protecting its confidentiality. We will limit the collection and use of personally identifiable information ("Individual Information"), to what is necessary to administer our business, provide you with the Services, and offer you opportunities we think will be of interest. We will NOT disclose any Individual Information unless (i) we believe that such action is necessary to comply with applicable law or valid legal process (including without limitation search warrants, court orders, or providing assistance to law-enforcement authorities investigating the alleged commission of a crime), (2) with respect to payment processing and billing (e.g., to a credit-card bank may help us prove the legitimacy of a credit-card charge or bill), (3) if the disclosure of Individual Information is necessary to provide services that third parties provide to you on ESS's behalf, or (4) as otherwise set forth herein (i.e., in Section 5 hereunder).

1.2. Types of Individual Information. Individual Information is any personal information, data or records that relate to your ESS membership or use of ESS and identifies you or your individual Member account. The three types of Individual Information are; (1) "identity and billing information," including without limitation your name, street address, telephone number, billing information, and any account information associated with your screen names; (2) "navigational and transactional information," including without limitation information about which pages or products or services you access through ESS; and (3) "private communications," including without limitation the contents of e-mail, or private chat room communications.

2.1. Collection and Storage. We maintain various types of identity and billing information ("Billing Information"), including without limitation, your name, street address, telephone number(s), length of membership, and payment information. We may also keep information on your communications with our customer service department, employees or contractors, and general account history, such as accumulated usage credits or written complaints relating to your account.

2.2. Use. We use Billing Information to administer our business, ensure that you are properly billed and to communicate with you if the need arises.

2.3. Disclosure. Except as set forth in Section 5 herein, our policy is not to disclose Billing Information to third parties, unless required to do so by applicable law or valid legal process (including without limitation search warrants, court orders or providing assistance to law-enforcement authorities investigating the alleged commission of a crime) or as required to process any payments made to ESS by you or ESS bills. ESS, at its sole discretion, reserves the right to make exceptions to this policy in extraordinary circumstances (including without limitation a bomb or suicide threat, or instances of suspected illegal activity) on a case-by-case basis. When feasible, we do allow our Members to access and verify their Billing Information. We also allow our Members to request corrections to this information. ESS intends to abide by applicable laws governing the disclosure to governmental entities of Individual Information and other records. If we are under a legal obligation to disclose Individual Information to a private citizen or entity, we may make efforts under the circumstances to notify the affected Member(s) in advance of releasing it in order to provide the Member(s) an opportunity to pursue any available legal protection.

2.4. Compelling Obligation. Although ESS will take reasonable measures not to disclose Billing Information, we may be compelled to do so in the good faith belief that such action is reasonably necessary (a) to comply with the law; (b) to comply with legal process; (c) to enforce ESS's terms and conditions; (d) to respond to claims that any content violates the rights of third parties; or (e) to protect the interests of ESS or others.

3.1. Collection. We may collect and store certain navigational and transactional information ("Navigational Information"), such as data on the choices you make from the range of available services, and the times and ways you use ESS.

3.2. Use. ESS uses Navigational Information to personalize ESS and for programming and editorial research. For example, we may use this information to understand our Members' reactions to menu items, and Services, and to customize the Services based on our Members' interests.

3.3. Disclosure. Except as set forth in section 5, ESS will not disclose to third parties Navigational Information (e.g., what you view or access through ESS), except to comply with applicable law or valid legal process (including without limitation search warrant, court order, or providing assistance to law-enforcement authorities investigating the alleged commission of a crime).

4.1. Collection and Storage. The ESS computer system automatically records and retains all communications conducted by Users either through the Site or using the Software, including but not limited to, chat room communications, message board communications, point to point communications, web cam conversations ("Communications"). However, to keep copies of any communications, you should store them on your personal computer hard drive or in print form. You agree that ESS may employ e-mail virus-checking technology to protect its system and its members from viruses.

TO THE EXTENT NECESSARY, YOU EXPLICITLY CONSENT AND AGREE TO ESS'S RECORDATION OF ALL COMMUNICATIONS, AND HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER STATE, FEDERAL, OR LOCAL LAW, INCLUDING BUT NOT LIMITED TO THE STORED COMMUNICATIONS ACT, STATE EAVESDROPPING LAWS, AND THE ELECTRONIC COMMUNICATIONS PRIVACY ACT.

4.2. Use. ESS treats Communications as strictly confidential. ESS does not access, use or disclose the contents of Communications, except in limited circumstances as specifically provided herein. You acknowledge that private communications directed at a person or entity, including ESS, may be used or disclosed by the intended recipient(s) without restrictions relating to privacy or confidentiality.

4.3. Disclosure. ESS does not access or disclose the contents of Communications (e.g., e-mail, Member-created private rooms, online communications), unless it in good faith believes that such action is necessary (1) to comply with applicable law or valid legal process (including without limitation search warrants, court orders or providing assistance to law-enforcement authorities investigating the alleged commission of a crime); (2) to protect the rights or property of ESS; or (3) in emergencies when ESS believes that physical safety is at risk. ESS reserves the right to treat as public any private chat room whose directory or room name is published or becomes generally known or available.