Acceptable
Use Policy
The following is VISOX.COM’s Acceptable Use Policy.
By using VISOX.COM’s Hosting services (“Services”),
you agree to comply with this Acceptable Use Policy. You
also agree to require your end users to comply with this
Acceptable Use Policy. VISOX.COM reserves the right
to amend this Acceptable Use Policy at any time, with or
without notice to you. VISOX.COM agrees to post any
changes to this Acceptable Use Policy on the VISOX.COM
Homepage (located at: www.visox.com) and you agree
to periodically review this Acceptable Use Policy as modified
from time to time. You agree to be bound to this Acceptable
Use Policy, as modified from time to time, every time you
use or access the Services.
Pursuant
to your Hosting Services Agreement, VISOX.COM may, at
its sole discretion, immediately terminate your access to
the Services if your conduct violates (or appears to violate)
the Acceptable Use Policy. In addition, VISOX.COM may,
at its sole discretion, immediately terminate your access
to the Services, if any of your end users violate the Acceptable
Use Policy.
NO
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not
use the Services (nor will you permit an end user to use
the Services) for any purpose that is unlawful or otherwise
prohibited by this Acceptable Use Policy. You may not use
the Services (nor will you permit an end user to use the
Services) in any manner that could damage, disable, overburden,
or otherwise impair any of the Services offered by VISOX.COM, or any services offered by a third party, or interfere
with any other party’s use and enjoyment of any of
our Services. You may not (nor will you permit your end
users to) attempt to gain unauthorized access to any Service,
other accounts, computer systems or networks connected to
our network through hacking, password mining or any other
means. You may not (nor will you permit your end users to)
obtain or attempt to obtain any materials or information
through any means not intentionally made available through
the Services.
USE
OF SERVICES
The Services are designed to enable you and your end users
to communicate with others via the Internet. You agree to
use the Services (and to require your users to use the Services)
only to post, send and receive messages and material that
is proper and, when applicable, related to the particular
Service. By way of example, and not as a limitation, you
agree that when you (or your end users are) using a Service,
you (and you end users) will not:
A.
Use the Service in connection with unlawful contests, lotteries,
or gambling; pyramid schemes, chain letters, junk email,
spamming or any duplicative or unsolicited messages (commercial
or otherwise).
B. Defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
C. Publish, post, upload, distribute, traffic
or disseminate any defamatory, obscene, or otherwise unlawful
content, such as child pornography.
D. Publish, post, upload, distribute or
disseminate any topic, name, material or information that
incites discrimination, hate or violence towards one person
or a group because of their belonging to a race, a religion
or a nation, or that insults the victims of crimes against
humanity by contesting the existence of those crimes.
E. Upload, or otherwise make available,
files that contain images, photographs, software or other
material protected by intellectual property laws, including,
by way of example, and not as limitation, copyright or trademark
laws (or by rights of privacy or publicity) unless you own
or control the rights thereto or have received all necessary
consents to do the same.
F. Use any material or information, including
images or photographs, which is made available through the
Services in any manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right of any
party.
G. Upload files that contain viruses, Trojan
horses, worms, time bombs, cancelbots, corrupted files,
or any other similar software or programs that may damage
the operation of another’s computer or property of
another.
H. Use of meta tag searches on the web
sites.
I. Download any file posted by another
user of a Service that you know, or reasonably should know,
cannot be legally distributed in such manner.
J. Falsify or delete any author attributions,
legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material
contained in a file that is uploaded.
K. Restrict or inhibit any other user from
using and enjoying the Services.
L. Violate any code of conduct or other
guidelines which may be applicable for any particular Service.
M. Harvest or otherwise collect information
about others, including e-mail addresses, except as needed
to operate your site and as permitted in your site’s
privacy policy (if any).
N. Violate any applicable laws or regulations.
O. Create a false identity for the purpose
of misleading others.
P. Use, download or otherwise copy, or
provide (whether or not for a fee) to a person or entity
any directory of users of the Services or other user or
usage information or any portion thereof.
VISOX.COM reserves the right at all times to disclose any
information as VISOX.COM deems necessary to satisfy
any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in VISOX.COM’s
sole discretion.
VISOX.COM does not control or endorse the content, messages
or information found in any Service and, therefore, VISOX.COM specifically disclaims any liability with regard
to the Services and any actions resulting from your participation
in any Service.
MATERIALS
PROVIDED TO VISOX.COM FOR POSTING
VISOX.COM does not claim ownership of the materials
you provide to us to post, upload, input or submit to
any Service (each a “Submission” and collectively
“Submissions”). However, by posting, uploading,
inputting, providing or submitting (“Posting”)
your Submission you are granting VISOX.COM permission
to use your Submission in connection with your site, including,
without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; to publish
your name in connection with your Submission; and the
right to sublicense such rights to any supplier of a Service.
No
compensation will be paid with respect to the use of your
Submission, as provided herein. VISOX.COM is under
no obligation to post or use any Submission you may provide
and VISOX.COM may remove any Submission at any time
in its sole discretion.
By
Posting a Submission you warrant and represent that you
own or otherwise control all of the rights to your Submission
as described in this Acceptable Use Policy, including,
without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
RECORD
KEEPING
You represent and warrant that all content appearing on
your website complies with Title 18, U.S.C. s. 2257, you
have taken and shall take all acts during the time in
which you receive the Services to comply with Section
2257, and that all models depicted in your site are over
the age of eighteen (18).
TERMINATION/ACCESS
RESTRICTION
VISOX.COM has no obligation to monitor the Services.
However, VISOX.COM reserves the right to review materials
posted to a Service and to remove any materials in its
sole discretion. VISOX.COM reserves the right, in
its sole discretion, to terminate your access to any or
all Services and the related services or any portion thereof
at any time, with or without notice, for violating this
Acceptable Use Policy. Your rights and obligations upon
termination of any Service are governed by the Hosting
Terms and Conditions Agreement. Upon termination of the
Service, your right to use the Service immediately ceases.
VISOX.COM shall have no obligation to maintain any
content or to forward any unread or unsent messages to
you or any third party after termination of the Services.
NO
SPAM; DAMAGES
VISOX.COM will immediately terminate any account which
it believes, in its sole discretion, is transmitting or
is otherwise connected with any spam or other unsolicited
bulk email. In addition, because damages are often difficult
to quantify, if actual damages cannot be reasonably calculated
then you agree to pay VISOX.COM liquidated damages
of $5 for each piece of spam or unsolicited bulk email
transmitted from or otherwise connected with your account,
otherwise you agree to pay VISOX.COM’s actual
damages, to the extent such actual damages can be reasonably
calculated.
You
agree to comply with all applicable laws regarding commercial
bulk e-mail, including without limitation, all applicable
notice requirements and “do not contact” requests.
NOTICE
OF CLAIMED INFRINGEMENT
VISOX.COM respects the intellectual property of others,
and we ask our users to do the same. If you believe that
your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have
been otherwise violated, please provide VISOX.COM’s
Copyright Agent the following information:
A.
an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other
intellectual property interest;
B. a description of the copyrighted work
or other intellectual property that you claim has been
infringed;
C. a description of where the material
that you claim is infringing is located on the Services;
D. your address, telephone number, and
email address;
E. a statement by you that you have a
good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; and
F. a statement by you, made under penalty
of perjury, that the above information in your Notice
is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or
intellectual property owner’s behalf.
You
may send your Notice of Claimed Infringement to:
Weston,
Garrou & DeWitt
Attn.:
Lawrence G. Walters, Esquire
455 Douglas Avenue, Suite 2155-31,
Altamonte Springs, FL 32714
Phone: (407) 788-7337
Fax: (407) 774-6151
Larry@LawrenceWalters.com
Please
do not send other inquires or information to our Designated
Agent.
NOTICE
AND TAKE DOWN PROCEDURES
VISOX.COM reserves the right at any time to implement
a “notice and takedown” procedure upon receipt
of any notification of claimed infringement. VISOX.COM
reserves the right at any time to disable access to, or
remove any material or activity accessible on or from
any site or any materials claimed to be infringing or
based on facts or circumstances from which infringing
activity is apparent.
Last Revised 01/30/07
Visox, Inc. Confidential & Proprietary
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