HOSTING
It is up to THE CLIENT to determine if the third-party host company or host package can provide the feature(s) required by THE CLIENT’s needs. VISIV bears no responsibility for hosting packages purchased outside of VISIV recommendations. THE CLIENT further understands that if THE CLIENT’s preferred web hosting service is not sufficient to support the design plan as agrees upon by VISIV and THE CLIENT, time for re-design, finding a substitute or "work-around" may incur additional charges.
Provided THE CLIENT supplies all necessary text and images in a timely manner, VISIV agrees to work expeditiously to complete and requested updates/adjustments.
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VISIV’s services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to VISIV, THE CLIENT’s local jurisdiction, or any jurisdiction that THE CLIENT or THE CLIENT’s site may be subject to is strictly prohibited.
THE CLIENT agrees to adhere to system policies as published online or within this agreement, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at VISIV. THE CLIENT agrees to abide by any and all future VISIV policy decisions.
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a.) Restrict or inhibit any other user from using and enjoying the Internet;
b.) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
c.) Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
d.) Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)
e.) THE CLIENT agrees not to transmit prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of VISIV or any other service with reference to services obtained through VISIV, solely for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause THE CLIENT’s services to be terminated immediately and without warning and THE CLIENT will be held fully responsible for any damages to THE CLIENT, VISIV, or any other party or parties resulting from any such conduct.
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THE CLIENT agrees to indemnify, defend, and hold harmless VISIV from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from THE CLIENT’s use of the service which damages either THE CLIENT, VISIV, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with THE CLIENT’s account, including but not limited to domain name selection and Web site content.
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VISIV may deny THE CLIENT access to all or part of the service without notice if THE CLIENT engages in any conduct or activities that VISIV in its sole discretion believes violates any of the terms and conditions in this agreement.
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VISIV reserves the right to monitor any and all communications through or with our facilities. THE CLIENT agrees that VISIV is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
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VISIV services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by VISIV or its agents or employees shall create a warranty.
THE CLIENT’s use of the service is at THE CLIENT’s sole risk. VISIV is not responsible for files and data residing on THE CLIENT’s shared space. THE CLIENT agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on VISIV’s shared hosting space. Backups are presented at THE CLIENTs request only. Requests must come in the form of electronic notice; either via email or direct contact from the VISIV website.
If THE CLIENT is dissatisfied with VISIV service or any of its terms, conditions, rules, policies, guidelines, or practices, THE CLIENT’s sole and exclusive remedy is to discontinue using the service.
It is up to THE CLIENT to determine if the third-party host company or host package can provide the feature(s) required by THE CLIENT’s needs. VISIV bears no responsibility for hosting packages purchased outside of VISIV recommendations. THE CLIENT further understands that if THE CLIENT’s preferred web hosting service is not sufficient to support the design plan as agrees upon by VISIV and THE CLIENT, time for re-design, finding a substitute or "work-around" may incur additional charges. Provided THE CLIENT supplies all necessary text and images in a timely manner, VISIV agrees to work expeditiously to complete and requested updates/adjustments.
VISIV’s services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to VISIV, THE CLIENT’s local jurisdiction, or any jurisdiction that THE CLIENT or THE CLIENT’s site may be subject to is strictly prohibited.
THE CLIENT agrees to adhere to system policies as published online or within this agreement, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at VISIV. THE CLIENT agrees to abide by any and all future VISIV policy decisions.
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a.) Restrict or inhibit any other user from using and enjoying the Internet;
b.) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
c.) Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
d.) Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)
e.) THE CLIENT agrees not to transmit prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of VISIV or any other service with reference to services obtained through VISIV, solely for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause THE CLIENT’s services to be terminated immediately and without warning and THE CLIENT will be held fully responsible for any damages to THE CLIENT, VISIV, or any other party or parties resulting from any such conduct.
THE CLIENT agrees to indemnify, defend, and hold harmless VISIV from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from THE CLIENT’s use of the service which damages either THE CLIENT, VISIV, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with THE CLIENT’s account, including but not limited to domain name selection and Web site content.
VISIV may deny THE CLIENT access to all or part of the service without notice if THE CLIENT engages in any conduct or activities that VISIV in its sole discretion believes violates any of the terms and conditions in this agreement.
VISIV reserves the right to monitor any and all communications through or with our facilities. THE CLIENT agrees that VISIV is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
VISIV services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by VISIV or its agents or employees shall create a warranty.
THE CLIENT’s use of the service is at THE CLIENT’s sole risk. VISIV is not responsible for files and data residing on THE CLIENT’s shared space. THE CLIENT agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on VISIV’s shared hosting space. Backups are presented at THE CLIENTs request only. Requests must come in the form of electronic notice; either via email or direct contact from the VISIV website.
If THE CLIENT is dissatisfied with VISIV service or any of its terms, conditions, rules, policies, guidelines, or practices, THE CLIENT’s sole and exclusive remedy is to discontinue using the service.
This agreement includes cost associated with monthly & annual webpage maintenance to regular web pages (not updates to product pages); including updating links and making minor changes to sentence or paragraph structure. During this time, updates using images that are web-ready may be integrated to the format of post-published site for standard charges. This does not including removing nearly all the text / images or replacing / resizing all or most images. If THE CLIENT or an agent other than VISIV attempts updating THE CLIENT's website(s), time to repair web pages will be assessed at the hourly rate, and is not included as part of the maintenance agreement.
THE CLIENT or an agent other than VISIV is allowed to request modifications of any designs created by VISIV, but time to repair web pages or update content accordingly will be assessed at the hourly rate, and is not included as part of the maintenance agreement. The annual or monthly maintenance period commences upon the date of MSA enrollment. Changes requested by THE CLIENT beyond these limits will be billed at the hourly rate listed within the Project Outline & Estimate.
This rate shall also govern additional work authorized beyond the maximum specified within the Project Outline and Estimate for such services as general internet orientation and education, marketing consultations, web design, file editing, modifying product pages and databases in an e-commerce environments, producing digital art, capturing photos or video content, graphic design services, and helping THE CLIENT learn to use webpage editing tools. Creation of animations are not included in this rate, and will be considered as a separate project.
THE CLIENT is expected to review both draft and published editions of the web pages and suggest minor changes or corrections. Copywriting is not included in this maintenance agreement. Time required to make substantive changes to client-submitted text after the web pages have been constructed will be additional, billed at the hourly rate.
THE CLIENT agrees that the person(s) legally responsible for use of this account are at least 18 years of age. THE CLIENT also agrees to supply VISIV with current and truthful name, postal address and telephone number for our records. The obligation remains with THE CLIENT to keep this information current. Additionally, THE CLIENT also agrees that use of any credit card supplied to VISIV is authorized by the truthful owner. Furthermore, THE CLIENT agrees that VISIV has an obligation to fully investigate any possible fraudulent credit card use.
Furthermore, it is solely THE CLIENT’s responsibilities to post privacy policies when THE CLIENT collects personal information from users and is responsible for selecting/determining/purchasing the level of security required to protect transmission of personal information and storage on hosting service email accounts or databases. VISIV can guide THE CLIENT through this process, but should not be considered a legal authority with regard to creating or developing these policies. Secure transmission, forms and databases require specific features to be installed on the hosting server in order to function appropriately; this is not included in the design contract. Often these scripts and databases are optional with hosting packages.
THE CLIENT agrees not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which THE CLIENT is authorized, and impairing the availability, reliability, or quality of service for others. THE CLIENT further agrees not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. THE CLIENT agrees to follow the Acceptable Use Policy of any network or service THE CLIENT connects to.
THE CLIENT is responsible to notify VISIV in any case where the site is not functioning properly. VISIV does not monitor the day to day functioning of the site once published. THE CLIENT is aware that various browsers render pages somewhat differently. Unless THE CLIENT indicates specific browser compatibility, VISIV will make all efforts to create pages that display similarly in the most popular web browsers (IE7, IE8, Mozilla Firefox, and Safari as of this contract). In the event of a future upgrade to a popular web browser, it is in THE CLIENT’s best interest to check the functionality of the site in the upgraded browser. Upgrades to sites because of browser upgrades are at the expense of THE CLIENT and not the responsibility of VISIV to neither anticipate nor guarantee. VISIV strives to create pages that meet generalized accessibility standards; however, THE CLIENT should specify if there are accessibility standards that are necessary.
THE CLIENT agrees that the security of THE CLIENTS account is solely THE CLIENTS own responsibility if this agreement does not include a Hosting Addendum. THE CLIENT further agrees that if THE CLIENT believes the security of THE CLIENTS account has been compromised in any way, THE CLIENT will notify VISIV immediately in writing by electronic mail. (support@visiv.cc) THE CLIENT shall be held fully responsible for any misuse or compromise to THE CLIENTS account for which VISIV is not properly notified. THE CLIENT agrees that if any security violations are believed to have occurred in association with THE CLIENTS account, VISIV has the right to suspend access to the account pending an investigation and resolution. THE CLIENT also agrees that VISIV has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to THE CLIENT. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.
VISIV reserves the right to refuse or discontinue service to anyone at VISIV’s sole discretion. VISIV shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. THE CLIENT agrees that VISIV has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers.
VISIV reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
THE CLIENT’s use of the service is at THE CLIENT’s sole risk. VISIV is not responsible for files and data residing on THE CLIENTS account. THE CLIENT agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on third-party servers.
VISIV makes no warranties or representations of any kind for the services offered by THE CLIENTS third-party provider. VISIV provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall VISIV be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from THE CLIENTS use of or inability to use the service, or for third parties' use of the service to access THE CLIENTS Web space, or to access the Internet or any part thereof, or THE CLIENTS or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
VISIV wants THE CLIENT’s site to function and be accessible to users at all times. However, VISIV cannot be expected to be familiar with every hosting service available to the web community, nor be knowledgeable to troubleshoot problems with every host provider available to VISIV’s clients. Should THE CLIENT determine that hosting with another service is preferred; VISIV will be available to answer questions, but is not liable for solving all problems or absorbing additional expenses that may occur regarding to the hosting service. This is true whether VISIV referred THE CLIENT to the alternate hosting service or not. It is ultimately up to THE CLIENT to be knowledgeable regarding services (hosting, email, database) purchased.
If any provision of this agreement (including the Hosting Addendum, if applicable) is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.