Acceptance of Terms

PLEASE READ THESE TERMS OF SERVICE BEFORE YOU USE OUR SERVICES. BY USING OUR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHICH GOVERN YOUR USE OF THE CONTENT, SERVICE AND WEB SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE DO NOT USE OUR SERVICE.

Vizure LLC reserves the right to update and change the Terms of Service from time to time without notice. Any new features added or enhancing the current Service, will be subject to the Terms of Service. Continued use of the Service after such changes constitutes your consent to such changes.

Account Terms

Vizure LLC seeks to provide you with top quality technology and service thus allowing you the opportunity to administer your own GIS data on the World Wide Web (WWW) in the most efficient and effective way possible. We continually upgrade our algorithms, servers, network, and support to help you achieve your goals in data dissemination.

Vizure LLC reserves the right to refuse service to anyone at any time. However, if Vizure LLC should deem it necessary to initiate termination of services with you, Vizure LLC specifically agrees to provide reasonable access to you in order to allow you to download any files which may still reside on the web site or server being removed from the network. In no event shall Vizure LLC be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages, which result from server failures or this termination of services.

Web-site Content: Your content will remain on your virtual or dedicated server and is not available to any other entity. You have the right to retain on your virtual or dedicated server: any and all files that you seek to hold that do not violate the following rules. Customers are prohibited from transmitting on or through any of Vizure LLC's services, any material that is, in Vizure LLC's sole discretion: unlawful, obscene, threatening, abusive, libelous, encourages criminal mischief, gives rise to civil liability, or otherwise violates any local, state, federal, or international law and/or treaties. In short, Vizure LLC's services may only be used for lawful activities.
Vizure LLC does not allow connection to, or use of, any software or 'bots' for IRC or the reselling of 'shell accounts'. These are deemed as a high security risks and if found will result in account suspension or termination with no refunds under any circumstances.
 
Vizure LLC does take an active role in monitoring all sites via the web for content that does not comply with the preceding guidelines. Vizure LLC specifically retains the right to make the final decision in any matter relating to site content. If you wish to seek virtual or dedicated hosting services with Vizure LLC and you are concerned about content, please send your concerns to our support team: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Network: Our servers were designed to give you the maximum freedom of administration and access to the Internet at the lowest cost available. Our network usage is open to all Vizure LLC users. High Network traffic or throughput is not a problem at Vizure LLC, but extreme network traffic or extreme uploading and downloading can create problems.
 
Vizure LLC customers may not use our network to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks or directly violating the security policy of another organization. Customers are also not allowed to interfere or deny service to any user, host, or network by flooding, mail bombing, or attempts to overload or crash the host network. Any violation of the network guidelines set forth will result in deactivation and a ban of your virtual or dedicated server for resolution.

Copyright Infringement – Software Piracy: During the term of the hosting contract, Vizure LLC grants Customer a non-transferable, non-exclusive license to use the Software, in object code form only, for its internal needs, to be used solely on the Hardware provided, and solely in conjunction with the Services. Customer agrees that it will not, directly or indirectly copy the Software, except as is necessary to install on Hardware and for internal, archival purposes. In the event Customer makes any copies of the Software, Customer shall reproduce all proprietary notices on such copies; reverse engineer, decompile, disassemble, modify or otherwise attempt to derive source code from the Software; sell, lease, license, transfer, give possession of, or sublicense the Software or the documentation to others; write or develop any derivative or other software programs, based, in whole or in part, upon the Software or any Confidential Information.

The location of third party software found in your home directory that violates Copyright law is prohibited. Vizure LLC will work with the appropriate authorities in locating and removing any and all software that is deemed to be used in violation of a valid software license. Please do not locate, use, install, execute, or store software that you do not own a valid software license to, on Vizure LLC servers. Violators will be terminated immediately and referred to law enforcement authorities.

Pornography: Vizure LLC has a zero tolerance policy on pornography that violates local, state, federal, or international law. This includes, but is not limited to, child pornography, bestiality, hard-core pornography, and others not allowed by law. Vizure LLC does not seek to abridge any users rights, but we uphold any and all laws applicable to the content of sites hosted on our servers and/or network. Vizure LLC reserves the right to deny service without cause for sites with adult content that we deem violates local, state, or federal law.

Suspension: Vizure LLC specifically reserves the right to suspend network service to your account at our discretion. Suspension will only occur for violation of our AUP, non-payment for services, or by request of legal authorities with proper legal documents. Suspension will only occur for the absolute minimal amount of time to resolve the issue at hand.

SERVICE INTERRUPTIONS: Customer understands and agrees that occasional temporary interruptions of any Internet Services may occur as normal events in the provision of the Internet Services. Vizure LLC agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will Vizure LLC be held liable for any financial or other damages due to such interruptions. In no event shall Vizure LLC be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.

Governing Law and Forum: This Agreement shall be governed and interpreted according to United States Law. For all disputes arising out of or related to this Agreement or Service Orders, the parties irrevocably consent to the exclusive jurisdiction of the Courts of the United States. Customer’s address for purposes of service of process shall be the address designated for notices in this Agreement. In connection with all actions in which Vizure LLC is awarded amounts due from Customer, Vizure LLC shall be awarded (either in that action or by way of a separate action) its costs and expenses of litigation (including reasonable attorneys’ fees), through trial and appeal. Vizure LLC may at its sole discretion seek leave to conduct any legal process as described herein in any jurisdiction of any country where a customer or defendant cannot otherwise be brought to order under the laws of the United States.

LIMITATION OF LIABILITY:  Vizure LLC’s liability (including, for purposes of this paragraph only, any of its employees, agents, or representatives), to Customer (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Agreement or Service Orders or the provision of any Services under Service Orders (including, without limitation maintenance and support) shall be limited to the amount of fees paid by Customer to Vizure LLC under this Agreement within one year preceding the date Customer contends its claim arose. In no event shall Vizure LLC be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if Vizure LLC has been advised of, or is aware of, the possibility of such damages.

DISCLAIMER OF WARRANTIES: Vizure LLC specifically disclaims all implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this Agreement, any written materials by Vizure LLC, or information on Vizure LLC’s web site, shall be for informational purposes only and, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guarantee of performance, or contractual obligations. Vizure LLC also reserves the right to change prices for no reason, and at any time.
 
Any violations of the above policies will result in immediate suspension of services and/or termination of your service. By entering into a hosting contract with Vizure LLC you agree to be bound by these policies, terms and conditions.