Legal

Legal

ACCEPTABLE USE POLICY

March 15, 2016

Vision requires that all customers and licensees of its Vision Content Management System™ and/or visionLive™ Subscription Services (the "Services"), as defined in each of your Master Services Agreements, conduct themselves with respect for others. In particular, please observe the following Acceptable Use Policy ("AUP") in your use of the Services:

1. Lawful Use

Only use the Services in accordance with all local, state, and federal laws. Do not use the Services for any unlawful or destructive purpose including, but not limited to, copyright and/or trademark infringement. Any text, data, graphics, or any other material displayed or published on your website is, and must continue to be, throughout the term of your Agreement, free from obscene or libelous material.

2. Intellectual Property

You must have all rights necessary to display all the images, data, information or other items being displayed on your website. Any text, data, graphics, or any other material displayed or published on your website is, and must continue to be, throughout the term of your Agreement, free from violation of or infringement of copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others. Further, you authorize Vision to display those images, data, information or other items.

3. No Misuse and Spam

You must not misuse any of Vision's resources or cause any disruption to its business ("Misuse"). Examples of Misuse include, but are not limited to, the display of pornography or linking to pornographic material, the sending of chain letters, advertisements, solicitations, or mass mailings to individuals who have not agreed to be contacted in this manner (including, but not limited to, what is commonly referred to as "Spam").

4. No Hacking, Viruses, & Network Attacks

You must not use any process, program or tool via Vision for gaining unauthorized access to the accounts of other parties, including but not limited to, our other customers or account holders, or our other systems. You must not use the Services to make unauthorized attempts to access the systems and networks of others. You must not use the Services as a door or signpost to another server. You must not use the Services in a manner in which system or network resources are unreasonably denied to our other clients.

5. Password

You will have password access to the Services. You are responsible for keeping all passwords secure. If your password is lost, stolen or compromised in any way, immediately notify your assigned Vision Account Manager. You are responsible for all use of the Services accessed through the your passwords. Your passwords are not transferable to any third party and are subject to any limits established by Vision.

6. The Internet

You understand there are risks to using the Internet. The reliability, availability and performance of resources accessed through the Internet are beyond Vision's control and cannot be in any way warranted or supported by us. You are responsible for making backup copies of your files. Safeguards relative to copyright, ownership, decency, reliability and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. Vision makes no warranty that any systems accessed will be free of computer viruses. Vision provides access to other systems not controlled by us including, but not limited to, discussion groups, RSS feeds, websites and databases, that may contain pictures and language intended for adult audiences. You further understand that Vision is not responsible for any damages that may result from exposure to such material, and therefore, you agree to hold Vision harmless from any resulting damage.

7. Domain Name and Secure Digital Certificate

Upon your request, Vision will apply for a custom domain name of your choice. However, Vision cannot guarantee the availability of any particular name. You are responsible for all fees charged by the registrar, including setup and renewal fees. You will be responsible for all licensing fees, if any, including but not limited to secure digital certificate renewal fees. Vision will not be responsible for maintaining or renewing domain names, digital certificates, or any other third party registrations.

8. Breach

Neither your Agreement nor the AUP requires that Vision take any action against any customer or licensee for violating this AUP. However, if you violate any term of this AUP, Vision reserves the right to suspend access to the your website without prior notice, and may terminate the Services and/or your Agreement after Vision has given you notice and you fail to cure the violation within 15 days after such notice. If access is only suspended, you will remain liable for all payments due under our Agreement as if access had not been interrupted.

9. Revision of AUP

Vision may change this AUP at any time by posting a new version on this page and notifying you. The new version will become effective on the date indicated by such notice.

UPTIME GUARANTEE

September 3, 2015

Vision provides a 99.9% uptime guarantee for its hosting service. If Vision fails to achieve the guarantee within a calendar month, then you will be entitled to the following credits:

Vision Uptime Guarantee1
Monthly Uptime2 Credit3
99.9% - 100% 0%
99.5% - 99.89% 10%
99.0% - 99.49% 20%
Less than 99.0% 30%

1 Vision's Uptime Guarantee may be updated from time to time at Vision's sole discretion.

2 Refers to percentage of minutes in a calendar month that customers' public facing websites are accessible, excluding routine and scheduled maintenance.

3 Credit applies to monthly hosting fees. For visionLive customers, the credit will be calculated based on the then-current price for hosting only services. Any credits will be applied to the next invoice following the month of the incident. Credits do not apply to downtime due to force majeure events, including Distributed Denial of Service (DDoS) attacks that succeed in overcoming Vision's third-party provided DDoS defense.

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