Acceptable Use Policy

This Acceptable Use Policy (AUP) is designed to help you use the products, services and equipment provided by ivision Enterprise Cloud (Services), and ensure that you understand the policies and procedures we have developed to comply with certain laws and regulations.

All users of the ivision Enterprise Cloud must comply with this AUP. This AUP is made part of all other documents that reference it, including Master Service Agreements, Service Level Agreements, and Statements of Work. Your use and/or continuation of the Services constitute your acceptance of the latest version of the ivision AUP. It is your responsibility, and contractual obligation, to ensure that your affiliates, agents, and/or Clients (End User(s)) comply with this AUP at all times.

Based upon the dynamic nature of the Internet and Cloud/Web Services, ivision reserves the right to make changes to this AUP at any time, and without notice. This AUP may not represent all possible ways in which you or your Clients, agents, or affiliates may engage in unacceptable behavior. We reserve the right to determine, in our sole and exclusive judgment, what activities are unacceptable.

This AUP includes other Acceptable Use Policies that may be ‘passed through’ by other entities whose products and services are used to deliver ivision Enterprise Cloud to you. ivision will make applicable additional Acceptable Use Policies upon request.

Notices

If you become aware of any violation of this policy, you agree to notify ivision immediately and to assist, to the best of your ability, with any investigation and attempts to stop and/or remedy the violation.

Violation notifications and/or other inquires may be sent via email to abuse@ivision.com. All inquiries must include working and consistently monitored email address and phone number contact information as well as your first and last name. Anonymous complaints will not be reviewed.

Suspension and/or Termination of Service, and Service Fees

ivision reserves the right to refuse to provide the Services at our sole discretion and may suspend or terminate current Services at any time, should you (or any of your affiliates, agents, and/or Clients) violate any element of this AUP. Any termination or suspension may be undertaken with, or without, notice to you. Any suspension or termination of services due to a violation of this AUP is void of any service refund of any prior fees paid to ivision for those Services delivered as part of the ivision Enterprise Cloud. ivision shall not be liable for any damages of any nature by any User or any third party resulting in whole or in part from ivision’s exercise of its rights under this AUP.

Monitoring and Enforcement

ivision reserves the right to investigate any violation of this Policy or misuse of the contract services. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. We also may cooperate with appropriate law enforcement agencies third to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

Content Responsibility

ivision does not review, edit, or take any responsibility for data, content or material created, stored or made accessible through the Services, and, as a result, does not accept responsibility from Clients, agents, affiliates or other third-parties, for any resulting damages or liabilities.

Inappropriate/Illegal Content

You may not use or facilitate use of Services to transmit, store, display or otherwise make available any content that is inappropriate, as reasonably determined by ivision, or material that is otherwise illegal, harmful, fraudulent, or offensive, or that infringes the intellectual property, copyright or proprietary rights of others. This includes but is not limited to data that is reasonably determined by ivision to be obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.

Inappropriate/Illegal Use

The ivision Enterprise Cloud is to be used in a manner that is consistent with the intended purpose of the ivision Enterprise Cloud. You may not use, or facilitate use of, the Services in a manner, which violates any applicable law or regulation. Users shall not use the ivision Enterprise Cloud in order to transmit, distribute, or store material:

1. In violation of any applicable law or regulation, including export of encryption laws or regulation.
2. That may have an adverse effect on the stability and performance of the ivision Enterprise Cloud or other ivision Enterprise Cloud Clients.
3. That may expose ivision to criminal or civil liability.

Other examples of prohibited use are, but not limited to:

• Forging, misrepresenting, omitting or deleting message headers, return mailing information, and/or internet protocol addresses, to conceal or misidentify the origin of a message.
• Creating or sending Internet viruses, worms or Trojan horses, floor or mail bombs, or engaging in denial of service attacks.
• Hacking, and/or subverting, or assisting other in subverting, the security or integrity of the ivision Enterprise Cloud Services, products, or systems.
• Soliciting the performance of any illegal activity, even if the activity itself is not performed and/or
• Acting in any manner that might subject ivision to unfavorable regulatory action, subject ivision to any liability for any reason, or adversely affect the public image, reputation or goodwill, as determined by ivision in our sole and exclusive discretion.
• Users shall not use the ivision Infrastructure and Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email (“spam”).
• Use of the ivision Enterprise Cloud Services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image or other work protected by copyright law unless:
  • you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
  • you are otherwise permitted by established copyright law to copy the work in that manner.

Users are also prohibited from facilitating the violation of any part of this AUP or another provider’s AUP, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this AUP or another provider’s AUP.

Security Violations & Network Abuse

You may not use or facilitate the use of Services to violate the security or integrity of any network, computer or communications system, software application, or other network-attached device that is part of the ivision Enterprise Cloud or an ivision Client environment. This includes obtaining or attempting to obtain unauthorized access to a system without permission, as well as unauthorized port-scanning or and/or vulnerability testing. You may not make or attempt to make network connections to any systems, networks, or network devices to which you are not authorized for.

ivision reserves the right to take immediate action to suspend or terminate a Client account if, in our sole and exclusive discretion, the Client is engaging in activities that jeopardize the security of ivision, the security of ivision Clients, or of the Internet in general. Such action may be taken with or without prior notice to the Client.

US Export Controls

All use of the ivision Enterprise Cloud by any Client or End User is governed by U.S. export control law. These laws apply whether or not a Client or End User actually resides within the United States. More information about U.S. export laws can be found at the export.gov website. These laws prohibit:

• Selling certain production and services outside of the U.S., though you may be allowed to sell them in the U.S.; and/or
• Doing business with individuals or entities with whom the U.S. citizens may not do business.