Terms of Use
About The Information on This Site
Welcome to VIA3 Corporation and its website VIA3.com. VIA3 Corporation provides this website www.via3.com to you, subject to these Terms of Use. It spells out what you can expect from us and what we expect from you. By accessing any areas of this website, users (“Users”) agree to be legally bound and to abide by the terms set forth below. VIA3.com is owned and operated by VIA3 Corporation. Any references herein to VIA3 Corporation shall be deemed to refer to VIA3 Corporation and/or VIA3.com, as applicable under the circumstances.
TRADEMARKS
VIA3 is a registered trademark, and Secure Communications-No Compromise is a trademark of VIA3 Corporation. All other products or service names are property of their respective owners. ©2007. All rights reserved. These and other VIA3 Corporation graphics, logos, service marks and trademarks of VIA3 Corporation may not be used without prior written consent of VIA3 Corporation or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on VIA3 Corporation website are the property of their respective owners.
CONTENT
PROPRIETARY RIGHTS
User acknowledges that contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted under the U.S. copyright laws, and VIA3 Corporation owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any VIA3 Corporation software shall be governed by the software license agreement accompanying such software.
EXPORT
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations and not to export, re-export or import the VIA3 Corporation software except as authorized by United States law, including but not limited to the Export Administration Act and the Arms Export Control Act, and, if applicable, the laws of any other jurisdiction in which the VIA3 Corporation software is obtained. In particular, but without limitation, the VIA3 Corporation software may not be downloaded by or exported or re-exported to (a) any U.S. embargoed countries or countries designated by the U.S. to have supported international terrorism (including Cuba, Iran, Libya, North Korea, Sudan and Syria), (b) any resident or national of a U.S. Embargoed Country or terrorist supporting country, or (c) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of VIA3 Corporation’s site and service is at User’s sole risk. Neither VIA3 Corporation, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that websites affiliated with VIA3 Corporation, including but not limited to VIA3.com, will be uninterrupted, error-free, virus free or free of other defects. The information, products and services published on this website may contain inaccuracies or typographical errors. The Providers make no warranty as to the results that may be obtained from the use of VIA3 Corporation’s websites or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through VIA3 Corporation’s websites.
This site may link you to other sites on the Internet. These sites are not under the control of VIA3 Corporation, and the existence of a link on VIA3 Corporation’s site does not imply any endorsement of the linked sites by VIA3 Corporation or any affiliation between VIA3 Corporation and the owners of the linked sites. VIA3 Corporation makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, legality, reliability, currency, decency or any other aspect of the linked sites. You agree that VIA3 Corporation has no responsibility to you with respect to such material.
THIS SITE IS PROVIDED BY VIA3 CORPORATION ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIA3 CORPORATION AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIA3 CORPORATION AND THE PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
VIA3 CORPORATION AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIA3 CORPORATION NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY OF ANY KIND; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTHWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO VIA3 CORPORATION’S RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT VIA3 CORPORATION AND/OR ANY OTHER PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH AND ALL OTHER WEBSITES AFFILIATED WITH VIA3 CORPORATION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
STANDARD MAINTENANCE HOURS AND SYSTEM UNAVAILABILITY
VIA3 Corporation generally reserves a four-hour time period on Saturdays, 01:00 to 05:00 AM Eastern Time (ET) during which it may perform standard maintenance operations and the Software and Services may not be available for use. At other times, it may be necessary for VIA3 Corporation to perform emergency or other non-standard maintenance operations that cannot be completed during the standard maintenance period. All or a portion of the Software and Services may be unavailable for use during such periods.
ONLINE CONDUCT
User agrees to use and VIA3 Corporation’s software only for lawful purposes. Unacceptable uses of the site include without limitation: (i) engaging in, planning or communicating in furtherance of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) uploading, posting, copying, streaming, creating, displaying, disseminating, distributing or transmitting files, graphics, software or other material that contains, consists of, is protected by, and/or actually or potentially infringes upon the copyright, trademark, patent, trade secret, publicity, privacy or other intellectual property rights of another person, unless the User has the proper authority to do so; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication or data transmission; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering with, disrupting or attempting to gain unauthorized access to accounts of other VIA3 Corporation customers or to any computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, spyware, time bombs, cancelbots or any other malicious or invasive code, script or program; (viii) engaging in, planning or communicating in furtherance of any acts of terrorism; (ix) engaging in any act or attempt to probe, scan or test the vulnerability of any computer, system or network; (x) engaging in any act or attempt to breach, circumvent or otherwise avoid security or authentication measures used to protect any file, computer, system, or network; (xi) sending, initiating or attempting to send or to initiate unsolicited commercial messages to another person, whether or not such messages otherwise comply with applicable federal and state laws; (xii) engaging in any act or attempt to jam, flood, overload or otherwise disable the website, software and/or the services provided by VIA3 Corporation; or (xiii) engaging in any other activity deemed by VIA3 Corporation to be in conflict with the spirit or intent of this site and/or your contract with VIA3 Corporation.
CREDIT AND CREDIT CARD AUTHORIZATION
You must have and maintain satisfactory credit, as determined solely by VIA3 Corporation, in order to receive and to continue receiving services or to purchase products available on or through this site. VIA3 Corporation will verify your credit before agreeing to provide any products or services and is authorized to conduct periodic, updated verifications of your credit if you make repeated use of the site. You agree to provide VIA3 Corporation with all information reasonably requested by VIA3 Corporation and authorize VIA3 Corporation to obtain credit reports from commercially available credit bureaus for this purpose. VIA3 Corporation’s credit verification process may include its own review of the information that you provide, review of credit reports from credit bureaus, review of any other information that lawfully comes to VIA3 Corporation’s attention or into its possession, and any combination thereof. If at any time VIA3 Corporation determines in its sole discretion that you are not creditworthy or that payment for products or services may not be made when due, VIA3 Corporation may refuse to provide you with a requested product and/or may suspend the provision of services to you and require that you provide a satisfactory guarantee of payment before VIA3 Corporation provides the requested product and/or resumes the provision of services. If you have authorized payment for any product or services by credit card or by debiting a bank account, no additional notice or consent is required before VIA3 Corporation invoices the credit card or debits the bank account for all amounts due and payable. By providing VIA3 Corporation with a credit card or bank account number, you agree that VIA3 Corporation is authorized to invoice and/or debit your account for all fees and charges due and payable to VIA3 Corporation as a result of your purchase of a product or use of the site and services. You agree that VIA3 Corporation may invoice your credit card or debit your bank account, as appropriate, immediately upon your request to purchase a product available on the site and periodically on the first of each month or as soon thereafter as practicable, for services you are using through the site. You must immediately notify VIA3 Corporation of any change in your invoicing address or of the credit card or bank account used for payment.
PRIVACY POLICY
In accordance with the terms of the VIA3 Corporation Privacy Policy, VIA3 Corporation holds the privacy of its users and clients with the utmost respect. Please refer to VIA3 Corporation’s privacy policy for more information.
TERMINATION OF USAGE
VIA3 Corporation may terminate User’s access, or suspend any User’s access to all or part of or its software, without notice, for any conduct that VIA3 Corporation, in its sole discretion, believes is in violation of any applicable law, inhibits or restricts the ability of other users to use or enjoy the site or otherwise constitutes and unacceptable use of the site.
ACCOUNT CANCELLATION OR TERMINATION
Ninety (90) days after your Account is cancelled or terminated; or, two hundred and seventy (270) days after your trial has ended (assuming that you have not purchased a subscription), an automated process will begin that permanently deletes your Service Data. Once commenced, this process cannot be reversed and Service Data will be permanently deleted.
EXPEDITED DELETION
Users may contact VIA3 Support and request expedited subscription de-provisioning. During this process, all Account and Service Data will be permanently deleted within three (3) days of the initial request.
APPLICABLE LAW AND ARBITRATION
This site is created and controlled by VIA3 Corporation in the State of Arizona. As such, the laws of the State of Arizona will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. VIA3 Corporation reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to jurisdiction in the State of Arizona. All disputes relating to or arising out of these Terms of Use shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. This provision shall apply regardless of the exact nature of the claim or legal theory being asserted. The parties are not required, however, to use the AAA to administer the arbitration procedure and may instead jointly agree to submit the dispute to a mutually agreeable arbitrator, or if the parties are unable to agree upon a single arbitrator, to a panel of three arbitrators. In such case, each party may select one arbitrator, and the two selected arbitrators will choose the third, who will serve as the presiding arbitrator in the action. The location of the arbitration shall be exclusively in Phoenix, Arizona. The arbitrator(s) will have the authority to award reasonable costs and attorney’s fees to the prevailing party. The decision of the arbitrator(s) shall be final and binding upon the parties, and a judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If any party files a judicial or administrative action asserting a claim that is subject to arbitration under this provision, and another party successfully stays such action or compels arbitration, then the party filing the action must pay the successful party’s costs and expenses incurred in seeking the stay or compelling the arbitration, including its attorney’s fees.
WAIVER/SEVERABILITY
The failure of VIA3 Corporation to require or enforce strict performance by User of any provision of these Terms of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of VIA3 Corporation’s right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions hereof, which shall continue to be in full force and effect.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this site in a way that may constitute copyright infringement, you may provide notice of your claim to VIA3 Corporation’s designated agent listed below. For your notice to be effective, it must include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a third party has wrongly filed a copyright infringement notice with VIA3 Corporation against you, and your access to the allegedly infringing material has been disabled, you have the right to provide VIA3 Corporation’s designated agent with a counter notification. That notification must include the following information: (1) Physical or electronic signature of the subscriber; (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (4)The subscriber’s name, address, telephone number and e-mail address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
VIA3 Corporation’s Designated Agent is:
Craig Waldrep
VIA3 Corporation
6929 N Hayden Rd., Suite C4, Box 606
Scottsdale, AZ 85250
Phone: 1 (866) 265-8060
E-mail: billing@via3corp.com
ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, and together with any license and/or services agreement that you may have, represents the entire understanding between you and VIA3 Corporation regarding your relationship with VIA3 Corporation. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the VIA3.com website. The aforementioned Terms of Use are subject to change at any time without notice. It is your obligation to check this page frequently to see any recent changes. Your use of the site constitutes and acceptances of all changes in these Terms of Use.
