Last updated July 27th, 2015
Torchlight Services, and its subsidiaries, divisions and related Torchlight Services (hereinafter collectively referred to as Torchlight Services) Acceptable Use Policy (“AUP”) describes the proper kinds of conduct and prohibited uses of Torchlight Services services (the “Services”), as described and subscribed to pursuant to the applicable Terms and Conditions. The AUP is not exhaustive and Torchlight Services reserves the right to modify the AUP at any time, effective upon posting of the modified AUP to www.torchlightservices.com . By registering for and using the Services, and thereby accepting the terms and conditions of the Agreement, you agree to abide by the AUP as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account and such other action as Torchlight Services deems appropriate.
The Services enable you to develop and display a Torchlight Services through which you can interact with users of the Internet and retrieve and send vast amounts of information. It also allows for the deploying of email to promote the sale of your product or services. Generally, Torchlight Services will not actively monitor, censor, or directly control any content that is or will be displayed on your Torchlight Services(s) or information that you collect or use through your Torchlight Services(s). Torchlight Services, however, provides the Services with the goals of (a) ensuring security, reliability and privacy of the Services and the users of the Services, (b) maintaining an image and reputation of Torchlight Services as a responsible provider of the Services, (c) preserving the value of Internet resources as a conduit for free expression, (d) encouraging the responsible use of Internet resources and discouraging degrading, libelous or illegal uses of such resources. Consequently, Torchlight Services expects you, and all other users of the Services, to take responsibility in using the Internet with courtesy and responsibility, and be familiar with and to practice good Internet etiquette, in furtherance of the above stated goals. VIOLATION OF ANY OF THESE GUIDELINES IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM Torchlight Services. YOU WILL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. “CONTENT” INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES.
You may use the Services only for lawful purposes. Transmission, distribution, sale or storage of any material in violation of any applicable law, regulation, or the AUP is prohibited. The following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited. Torchlight Services reserves the rights to restrict or prohibit any and all uses of the Services or content on your Torchlight Services(s) and to remove such materials from its servers that Torchlight Services determines in its sole discretion is harmful to its servers, systems, network, reputation, good will, other Torchlight Services customers or any third party. Infringement. Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos. Offensive Materials. Transmission, disseminating, sale, storage or hosting material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. Export Violations. Posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce. Harmful Content. Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information. Fraudulent Conduct. Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation use of credit card numbers.
Violations of Torchlight Services’s or any third party’s server, system or network security through the use of the Services are prohibited, and may result in criminal and civil liability. Torchlight Services may investigate incidents involving such violations. Torchlight Services may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system or network security violations include, without limitation, the following: Hacking. Unauthorized access to or use of data, systems, servers or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network. Interception. Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network. Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s terminal session, via any means, locally or by the Internet. Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers. Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out. Failure to Safeguard Accounts. Failing to prevent unauthorized access to accounts, including any account passwords.
You may not distribute, publish or send any of the following types of e-mail: Unsolicited promotions, advertising or solicitations (commonly referred to as “spam”) that is not compliant with the CAN-SPAM Act of 2003, including, without limitation, commercial advertising and informational announcements to those email addresses who have requested that their email addresses be opted out. Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form. Harassing e-mail, whether through language, frequency, or size of messages. Chain letters. Malicious e-mail, including without limitation “mailbombing” (flooding a user or Torchlight Services with very large or numerous pieces of mail) or “trolling” (posting outrageous messages to generate numerous responses). E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information. Third Party Links. Links to third party Services should not be inserted in emails without the direct or indirect permission of the third party, and your email should conspicuously notify the recipient that the link is to a third party over which you have no control or operation. In addition, you may not use Torchlight Services mail server or another Torchlight Services’s mail server to relay mail without the express permission of the account holder or the Torchlight Services. Posting the same or similar message to one or more newsgroups, message boards, blogs, online discussion groups, etc., (excessive cross-posting or multiple-posting) also is explicitly prohibited.
Inappropriate use or misuse of instant messaging or chat applications on the Torchlight Services network is not acceptable. Examples include: Sending instant messages that contain threatening, abusive, illegal or libelous material. INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, WILL BE CONSIDERED VIOLATIONS OF THE AUP BY YOU. Any questions regarding this AUP should be directed to our postal address.
The backbone of Torchlight Services’s email policy is permission. Permission, or confirmed opt-in subscription, is a key element of our business. As a result, Torchlight Services has implemented policies and procedures which:
Require permission-based marketing
Help to prevent our system from being used for the purpose of unsolicited email campaigns (spam).
Allow Torchlight Services to respond to all complaints suggesting that our email marketing platform is being used as a vehicle to send spam.
To become an Torchlight Services client, you must agree to and maintain compliance with the following policies:
Third-party lists are not acceptable for use on Torchlight Services’s email marketing platform. It is our policy that permission cannot be bought, sold, or transferred from one person or company to another person or company.
To be CAN-SPAM compliant:
Regulations have been implemented by the FCC which restrict the delivery of commercial email to mobile phones and other wireless devices. A stricter standard is applied when determining whether permission has been given by a mobile device user. A mobile device user must:
Permission marketing is of the utmost importance to Torchlight Services. Despite preventative measures and email policies, however, the possibility remains that a user of our service may send email to a recipient who will view it as unwanted email (spam). Every complaint that is received gets read and acted upon by Torchlight Services’s abuse investigation team.
An abuse investigation consists of the following:
An abuse report can result in:
Torchlight Services provides training and education resources to educate our clients and the direct marketing and email marketing industries about the proper use of email marketing and how to market successfully without resorting to non-permission-based practices.
Torchlight Services has developed an excellent reputation with ISP’s based on our history of distribution to opt-in customer email lists, and our stance on spam. Through these relationships, Torchlight Services will to ensure that your email marketing messages are delivered to recipient inboxes.
On the occasion that an email is not delivered or “bounced,” however, it is categorized in two ways: hard and soft bounces. Hard bounces are those that are permanently undeliverable to non-existent or expired email address. These emails are removed from user lists automatically. Soft bounces are temporary bounces that aren’t always defined but are a result of technical difficulties such as down servers or full mailboxes. In these cases, emails are resent periodically until they are delivered.
Effective Date of Policy: July 27th, 2015
At Torchlight Services, we respect your right to privacy. If you have received an email from one of our partners and wish to unsubscribe yourself, contact us direct using the form below. We will process your request to be removed within 48 hours of receipt.
In an effort to maintain the highest levels of email mail delivery and IP reputation, as well as to adhere to various state, federal, and international laws, Torchlight Services prohibits the use of our websites or any of our products or services by any person or organization that:
In the event that you engage in any of the activities listed above, in our sole discretion, we reserve the right to terminate your access to or use of our products and services, disable your Torchlight Services account or access to our products and services, and remove all or a portion of your content, in each case at any time, with or without notice and without refund. We may, in our sole discretion, also report your activity to the applicable legal authorities or third parties for abuse or fraud prevention.
In addition, Torchlight Services reserves the right to prohibit the use of Torchlight Services’s products or services by any company or site in its sole discretion.
As always, sending unsolicited commercial email is FORBIDDEN.
This should go without saying, but we’ll say it anyway: it’s not OK to spam people. If you try, we will immediately close your Torchlight Services account. You will not get any refund. Chances are, you already knew spam is bad. And as an email recipient, you know it when you see it. It’s important that as a sender, you know what spam is, too. We’d hate to see you make the mistake of spamming anyone with your email marketing campaign. So let’s talk about what spam is and what happens if you do it at Torchlight Services.
Ask 10 different people that question, and you’ll probably get 10 different answers.
Email senders (like Torchlight Services) tend to use the textbook definition: Unsolicited Bulk Email (UBE). You can read more about this definition at Spamhaus. UBE is a useful definition: it points out that some things that might be OK to do on a 1-to-1 basis (like send an email about your company to someone who has never heard of you) are not OK to do in bulk. But it’s not a perfect one. Many things are not UBE but are considered spam by most people, including us. Instead of trying to create a definition of spam that covers every possible scenario, let’s look at a few things that we will consider spamming. We think this will give you a pretty good idea of what not to do.
These aren’t the only things we might consider spam. But they’re a good guide.
Not sure if we’d consider something to be spam? Contact us and find out!
If we find that you are spamming, or trying to spam, with your Torchlight Services account:
Note: we don’t presume guilt. We investigate all potential spam incidents thoroughly before making a decision. But once we’ve made a decision, we act fast.
We’re happy to answer any questions you have about spam and our anti-spam policy. Just contact us.
Updated August , 2016
“You” or “Your” means you, a participant in or as a user of the Torchlight Services program.
“We” or “Our” or “Us” means Torchlight Services. “Our Website” also means Torchlight Services.
All information transmitted, printed or otherwise submitted to Torchlight Services through this Website remains your property; however, Torchlight Services will be free to use that information for any lawful purpose as detailed below.
This Website contains links to other websites. Torchlight Services is not responsible for the privacy practices or the content of such sites.
Torchlight Services automatically collects and/or tracks the following information:
Please note: We may also collect your personally identifiable information when you submit information at the Website but do not complete the full registration process.
We use the information we collect to enhance your experience at our Website and to help us to offer content we determine may be of interest to you. We use your contact information to offer you promotional material from our partners. We may also use your personal, demographic, and profile data to improve our Website, conduct statistical analysis, and for marketing, promotional, editorial, or feedback purposes. Information collected by us may be added to our databases and used for future e-mails or postal mailings of products and services.
By using this Website, you agree that you may be contacted in any manner contemplated in this section even if your number is found on a do-not-call registry or similar registry. If you choose to provide personal information, it will be used for and/or shared with trusted third parties such as Affiliated Loan Providers and/or other financial service providers, credit bureaus, and for marketing products and services that you might find of interest. We reserve the right to share, rent, sell or otherwise disclose your information with/to third parties in accordance with applicable laws. These third party businesses may include, but are not limited to: providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; e-mail marketers; and telemarketers.
The information we collect may be added to our databases and used for future telemarketing, SMS text-messaging, instant messaging, e-mails or postal mailings regarding site updates, new products and services, upcoming events, and/or status of orders and/or loans placed online.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples may include sending direct mail and e-mail, removing duplicate information from customer lists, analyzing data, and providing marketing analysis. These agents have access to our users’ personal information as needed to perform their functions for Torchlight Services, but we do not permit them to use our users’ personal information for other purposes.
Torchlight Services reserves the right to release current or past user information under the following conditions:
By agreeing to these conditions, you hereby consent to disclosure of any record or communication to any third party, when Torchlight Services, in its sole discretion, determines the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and Federal Trade Commission enabling regulations.
By submitting your information at the Website, you agree to receive mobile marketing including, but not limited to, text-message based marketing from us and our third party advertisers and marketers. Notwithstanding that your mobile telephone number may be listed on state and/or federal do-not-call registries, we retain the right to contact you via text message-based marketing, in accordance with applicable state and federal law. In addition, by registering and/or using the Website, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR 310 et seq.), as amended from time to time (the “Rule”). Even though your telephone number may be listed at the Federal Trade Commission’s Do-Not-Call List, we retain the right to contact you via telemarketing, in accordance with the Rule.
We may use personal information to provide the services you’ve requested, including services that display customized content and advertising. In addition to any fee of which you are notified, your provider’s standard messaging rates apply to our confirmation and all subsequent SMS correspondence. In addition to any fee of which you are notified, your provider’s standard messaging rates apply to our confirmation and all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. You may opt-out and remove your SMS information by sending “X”, “STOP”, “END”, “QUIT” to the SMS text message you have received. If you remove your SMS information from our database it will no longer be used by us for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to you.
Torchlight Services may employ “cookies” to help customize your access to the Website. A cookie is a piece of data stored on your hard drive containing information about you. Cookies have many benefits to enhance your experience at our Website. For instance, by setting a cookie on our Website, a user would not need to log in a password more than once, thereby saving time while on our Website. Even in the case where a user rejects a cookie, they may still use our Website. The only drawback to this is that the user will be limited in what he/she can access in some areas on our Website, much like visitor-level access.
In addition to cookies, our Website pages and/or e-mails may contain electronic images known as pixel tags (also known as clear gifs) to track the pages that visitors and/or users visit at the Website for purposes of formatting future campaigns and upgrading visitor information used in reporting statistics. Pixel tags from third parties may also be present on our Website to help determine the effectiveness of a joint promotional or advertising campaign.
Torchlight Servicesmay also allow its partners and advertisers that are presenting advertisements on the Torchlight Services Web Services to set their cookies, or apply web beacons or similar technologies, to your computer. This information may be used to:
You can adjust the settings on your browser to erase or block such technologies from your computer if you want to, but if you do so, you will not be able to use or access the Torchlight Services Web Services.
You are submitting your information to Torchlight Services via the Internet and agree to receive certain notifications, disclosures and/or documents electronically. This Electronic Disclosure and Consent Agreement applies to the information you are providing on this Site and any other communications we or any third parties discussed herein may provide to you. By submitting your information you agree to receive all such notifications, disclosures and/or documents in electronic form or online in accordance with this document. You may withdraw your consent prior to submitting your information by exiting the website or by closing your browser. However, you will not be able to submit your information if you withdraw your consent by exiting the website or closing your browser. In addition, you cannot withdraw your consent after the submission of your information.
To access, view and retain the notifications, disclosures, and/or documents available to you in electronic form, you must have the following hardware and software (the following are recommended hardware and system requirements):
You consent to receive any notifications, disclosures and/or documents in electronic format.
All notifications, disclosures and/or documents that we or any third parties provide to you in electronic format will be provided either (i) via e-mail; (ii) by access to a secure customer service website which will be provided to you in an e-mail notice sent to you when the documents are available; (iii) by posting on this Site; or (iv) by posting on a website designated for that purpose.
All notifications, disclosures and/or documents provided in electronic or paper format from us or any third parties to you will be considered “in writing,” and you should print a copy for your records by using the “print” button in your browser.
You are required to provide us with an accurate and complete e-mail address and other required information requested on this Site.
You may obtain any notifications, disclosures and/or documents in paper form without charge from us by printing them yourself from our website or the appropriate third party website when available.
We and any third parties, reserve the right, in our sole discretion, to discontinue electronic provision of notifications and/or documents. You will be provided with notice of any such termination or change as required by law.
You agree and intend the federal Electronic Signatures in Global and National Commerce Act to apply to (i) this Consent to receive notifications, disclosures and/or documents in electronic form; (ii) the information you provide, and (iii) our and/or any third parties’ ability to conduct business with you by electronic means.
To facilitate electronic commerce, to reduce the expense of records storage, and to obtain the benefits of faster access to records, you acknowledge and agree that all records may be stored electronically; and that neither we nor any third parties will retain and have no obligation to retain any original or electronic documents for any period of time beyond the regulatory requirements. This applies to all notifications, disclosures and/or documentation. You further acknowledge and understand that all original and electronic notification, disclosures and/or documentation will be routinely destroyed, but not before the period of time designated by regulatory requirements. Records may be stored electronically via imaging, scanning, filming or other technology used for the storage of documentation via internal processes or third-party processors that we or any third parties approve for these services. You agree that such storage shall be secure, and further agree that such records shall for all purposes be recognized and admissible in evidence or otherwise to prove the agreements, rights and obligations of the parties pursuant to any such records.
By completing and submitting your information, you (i) confirm your consent to receive notifications, disclosures and/or documents in electronic format; (ii) affirmatively demonstrate your ability to access the notifications, disclosures and/or documents in electronic form; (iii) confirm that you have provided a current e-mail address at which electronic notifications can be sent, disclosures and/or documents to you; iv) acknowledge that you have accessed the Consent; and (v) agree to the terms of this Consent.
You may opt-out of receiving communications from us and or our third-party partners by not submitting your information. However, during registration and/or when you submit personally identifiable information to us at the Website, you have opted-in to request that we share your personal information (other than your Sensitive Information) with third parties to receive marketing communications. When contacted by any of these companies or third parties, you should notify them directly of your choices regarding their use and sharing of your information. As noted, we use personal information to provide promotional offers by e-mail to our Website users. Torchlight Services may prepare and use separate e-mail lists for different purposes. If e-mail recipients wish to end their e-mail subscription from a particular list, they need to follow the instructions at the end of each e-mail message to unsubscribe from the particular list. To opt-out from receiving any additional e-mail communications regarding the Website, please send your request in writing to us through our contact form.
If you wish to discontinue receiving email messages from Website, you have several options:
In addition, if you subsequently sign up at one of our other websites for other product or service offerings, you will need to again address any information sharing preferences that you had previously established through this Website.
For more information about protecting your privacy, you may wish to visit: www.ftc.gov
In certain circumstances, Torchlight Services acts as a limited agent for the actual third party lender or seller of the products and/or services available at or through the Website. In these circumstances:
We do not endorse and are not responsible for the accuracy of the privacy policies and/or terms and conditions of each of the third party lenders or sellers that may advertise at the Website. The entities that advertise and/or place banner ads at the Website including, but not limited to, these third party lenders and sellers, are independent third parties and are not affiliated with us.
Upon receiving your request via postal mail or e-mail, we will provide you a summary of personal information retained by us. We will only send your personal records to your e-mail address or postal address that we have on file for you. To modify, correct, change, update or remove your personal record from our database, send a coorespondence to the Unsubscribe link above.
Protecting the privacy of children is especially important. For this reason, we never collect or maintain personal information at our website from those whom we know are under the age of 18 years old. In the event that information is inadvertently collected from children, it will not knowingly be used for any marketing or promotional purposes whatsoever, either inside or outside of our website. If we obtain actual knowledge that such information has been collected, that information will be immediately deleted from our database. The information and services provided by us or our affiliates, sponsors, and advertisers are not intended to be viewed by persons under 18 years old.
All information collected is stored in a technically and physically secure environment. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure its security on our systems. Access to this information is strictly limited, and not accessible to the public. All of our users’ information is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all user information. Employees who do not adhere to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Torchlight Services understands consumers’ concerns over the use of their personal information. We hope this information will relieve any concerns that your company may have regarding our e-mail policies.
Torchlight Services and its affiliated sites use only an “opt-in or opt out” method of obtaining customer information, and it is not our policy to send unsolicited e-mail. We obtain e-mail addresses and personal information from third parties that follow the same set of policies.
Torchlight Services e-mail messages include an unsubscribe link and postal address pertaining to the origin of the e-mails for recipients to remove themselves from future correspondences.
From time to time, Torchlight Services will enter into an arrangement with a third party website to allow individuals to opt into our marketing program on those third party websites. In each case, the third party websites have represented and warranted to us, among other things, that the data was collected voluntarily from individuals on website registrations and co-registrations, that the sellers have a right, under any applicable privacy policies, to transfer the data to us, and that Torchlight Services has the right to send marketing offers to the individuals. We hope this information satisfies any questions or concerns you may have regarding the e-mail practices of Torchlight Services.